Senate Bill S4736

2009-2010 Legislative Session

Relates to the effectiveness of the additional beverage containers to the environmental conservation law

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Jul 16, 2009	committed to rules
May 18, 2009	advanced to third reading amended (t) 4736b
May 13, 2009	2nd report cal.
May 12, 2009	1st report cal.298
Apr 30, 2009	print number 4736a
Apr 30, 2009	amend (t) and recommit to finance
Apr 27, 2009	referred to finance

Bill Amendments

Original

B (Active)

2009-S4736 - Details

Current Committee:: Senate Finance

2009-S4736 - Summary

Relates to the effectiveness of the additional beverage containers to the environmental conservation law; repeals certain provisions of the environmental conservation law related thereto; requires the commissioner of environmental conservation to submit a report on fraud and improper redemption.

2009-S4736 - Sponsor Memo

                                 BILL NUMBER:  S4736

 TITLE OF BILL :

An act to amend chapter 59 of the laws of 2009, amending the
environmental conservation law and the economic development law
relating to including additional beverage containers, in relation to
the effectiveness thereof; and repealing certain provisions of the
environmental conservation law relating thereto


 PURPOSE :

To delay the addition of bottled water to the "bottle bill" and to
repeal the requirement of a "New York Only" bar code on deposit
containers.

 SUMMARY OF PROVISIONS :

Section 1 delays the addition of bottled water to the returnable
beverage container act to January 1, 2010.

Section 2 repeals the requirement that deposit containers sold in New
York State have a New York State specific universal product code and
register it with the Department of Environmental Conservation.

 EXISTING LAW :

As passed in the budget and adopted by Chapter 59 of the Laws of 2009,
all water soda and beer containers must have a New York deposit label
and a New York specific bar code on June 1, 2009.

 JUSTIFICATION :

Simply stated, there will be no bottled water legal for consumer
purchase at retail on shelves in New York State on June 1 because of
insufficient lead time to implement the changes in labeling the
product. Typically product is in the pipeline from bottler to retail
for over 90 days. This was recognized by the legislature in 1983 where
implementation of the original deposit law was delayed by three months
to accommodate a sufficient lead in time. Less than two months is
clearly insufficient. In fact, all imported bottled water is currently
in transit and not lab led for sale in New York as a deposit
container.  January 1, 2010 should be sufficient to have all product
properly labeled for sale in New York.

The New York specific universal product code (upc or "bar code") is
simply unworkable at every level, whether it be the bottler, the
distributor/wholesaler or retailer. While the intention of eliminating
"transshipped" or out of state product sales in New York is laudable,
the additional costs to consumers associated with creating new lables,
"slotting," which essentially segregates New York product from all
others in inventory, and reprogramming all code readers at retail, far
outweigh the potential benefits.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Possibly some loss of revenue to the environmental protection fund.

 LOCAL FISCAL IMPLICATIONS :

None.
 EFFECTIVE DATE :
Immediate.

2009-S4736 - Bill Text download pdf

2009-S4736A - Details

Current Committee:: Senate Finance

2009-S4736A - Summary

2009-S4736A - Sponsor Memo

                                 BILL NUMBER:  S4736A              REVISED 5/15/09

 TITLE OF BILL :

An act to amend chapter 59 of the laws of 2009, amending the
environmental conservation law and the economic development law
relating to including additional beverage containers, in relation to
the effectiveness thereof; relating to including additional beverage
containers, in relation to requiring a study on fraud and improper
redemption; to amend the environmental conservation law, in relation
to returnable beverage containers; and to repeal certain provisions of
the environmental conservation law relating thereto


 PURPOSE :

This bill will:
* delay the addition of bottled water to the State's "Bottle Bill"
until October 1st, 2009;
* repeal the requirement of a "New York Only" bar code on deposit
containers;
* allow for innovation in redemption, particularly for Big Box stores;
and
* require the Departments of Environmental Conservation (DEC) and Tax
and Finance to report to the Legislature on cross-border fraud and
improper redemption.

 SUMMARY OF PROVISIONS :

Section 1 delays the addition of bottled water to the Returnable
Beverage Container Act to October 1, 2009.

§2. Amends subdivision 12 of section 27-1012 of the Environmental
Conservation Law (ECL) to eliminate the requirement that deposit
containers sold in New York State have a New York State specific
universal product code (UPC). The requirement that container labels be
registered and contain a UPC is extended from June 1st, 2009 to
January 1st, 2010.

§3. Amends paragraph (a) of subdivision 3 of section 27-10070 of the
ECL to provide that a store of less than 10,000 square feet may
 EITHER  contract with a redemption center within one-half mile or
provide a two hour daily period where up to 240 containers must be
accepted.

§4. Amends subdivision 1 of section 27-1007 of the ECL to:
*provides that certain large chain stores are exempt from the
requirements to install reverse vending machines if they sell a
minimal amount of covered containers for off premises consumption.
* provide that the scrip or receipt from reverse vending machines
shall expire after 30 days, and that such scrip or receipt clearly
indicate its expiration; and
* require the Commissioner of DEC to provide for a waiver for the
requirement of large chain stores to install reverse vending machines
if equally convenient and efficient methods of redemption will be
provided.

§5. Amends subdivision 1 of section 27-1012 to allow businesses ten
days, rather than five days, to deposit the container refunds into a
refund value account.

§6. Amends Part SS of chapter 59 of the laws of 2009 to require the
commissioners of DEC and the Department of Tax and Finance to report
and provide recommendations to the Legislature on issues related to
illegal redemption and cross-border fraud.

§7. Provides the effective date.

 EXISTING LAW :

As passed in the budget and adopted by Chapter 59 of the Laws of 2009,
all water soda and beer containers must have a New York deposit label
and a New York specific bar code on June 1, 2009.

 JUSTIFICATION :

Simply stated, there will be no bottled water legal for consumer
purchase at retail on shelves in New York State on June 1 because of
insufficient lead time to implement the changes in labeling the
product. Typically product is in the pipeline from bottler to retail
for over 90 days. This was recognized by the legislature in 1983 where
implementation of the original deposit law was delayed by three months
to accommodate a sufficient lead in time. Less than two months is
clearly insufficient. In fact, all imported bottled water is currently
in transit and not labeled for sale in New York as a deposit
container. October 1, 2009 should be sufficient to have all water
bottles properly labeled for sale in New York.

The New York specific universal product code (UPC or "bar code") is
simply unworkable at every level, whether it be the bottler, the
distributor/wholesaler or retailer. While the intention of eliminating
"transshipped" or out of state product sales in New York is laudable,
the additional costs to consumers associated with creating new labels,
"slotting," which essentially segregates New York product from all
others in inventory, and reprogramming all code readers at retail, far
outweigh the potential benefits. Instead of preemptively addressing
the issue of fraud, this bill requires the commissioners of DEC and
the Department of Tax and Finance to report and provide
recommendations to the Legislature on issues related to cross-border
fraud.

The bill also makes other technical corrections to improve
implementation of the new bottle bill requirements contained in
Chapter 59 of the Laws of 2009.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

There will be some loss of revenue to the general fund due to the
delay in the addition of water bottles to the State's Returnable
Container Act.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediate.

2009-S4736A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4736--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens. KRUGER, VALESKY -- read twice and ordered printed,
  and when printed to be  committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend chapter 59 of the laws of 2009,  amending  the  environ-
  mental  conservation  law and the economic development law relating to
  including additional beverage containers, in relation  to  the  effec-
  tiveness  thereof;  relating to including additional beverage contain-
  ers, in relation to requiring a study on fraud  and  improper  redemp-
  tion;  to  amend  the  environmental  conservation law, in relation to
  returnable beverage containers; and to repeal  certain  provisions  of
  the environmental conservation law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 16 of part SS of chapter 59 of the
laws of 2009,  amending  the  environmental  conservation  law  and  the
economic  development  law  relating  to  including  additional beverage
containers, is amended to read as follows:
  1. [sections] SECTION two [and] OF THIS ACT SHALL TAKE EFFECT  OCTOBER
1, 2009;
  1-A. SECTION three of this act shall take effect April 1, 2009;
  S  2. Subdivision 12 of section 27-1012 of the environmental conserva-
tion law is REPEALED.
  S 3. Paragraph (a) of subdivision 3 of section 27-1007 of the environ-
mental conservation law, as added by section 4 of part SS of chapter  59
of the laws of 2009, is amended to read as follows:
  (a) The dealer has a written agreement with a redemption center, be it
either  at  a  fixed physical location within the same county and within
one-half mile of the dealer's place of business, or a mobile  redemption
center,  operated  by  a  redemption center, that is located within one-
quarter mile of the dealer's place of business.  The  redemption  center

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11414-03-9

S. 4736--A                          2

must  have  a  written agreement with the dealer to accept containers on
behalf of the dealer; and the redemption  center's  hours  of  operation
must  cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of
a  mobile  redemption center, the hours of operation must cover at least
four consecutive hours between 8:00 a.m. and 8:00 p.m.  daily. The deal-
er must post a conspicuous, permanent sign, meeting the size  and  color
specifications  set  forth  in  subdivision two of this section, open to
public view, identifying the location and  hours  of  operation  of  the
affiliated redemption center or mobile redemption center; [and] OR
  S  4.  Subdivision 1 of section 27-1007 of the environmental conserva-
tion law, as added by section 4 of part SS of chapter 59 of the laws  of
2009, is amended to read as follows:
  1.  (a)  A  dealer shall accept at his or her place of business from a
redeemer any empty beverage  containers  of  the  design,  shape,  size,
color, composition and brand sold or offered for sale by the dealer, and
shall  pay  to  the  redeemer  the  refund  value  of each such beverage
container as established in section 27-1005 of this  title.  Redemptions
of  refund  value  must be in legal tender, or a scrip or receipt from a
reverse vending machine, provided that  the  scrip  or  receipt  can  be
exchanged  for legal tender for a period of not less than [sixty] THIRTY
days without requiring the purchase of  other  goods.    SUCH  SCRIP  OR
RECEIPT  SHALL CLEARLY INDICATE THE EXPIRATION THEREOF. The use or pres-
ence of a reverse vending machine shall not  relieve  a  dealer  of  any
obligations  imposed  pursuant  to  this section. If a dealer utilizes a
reverse vending machine to redeem containers, the dealer  shall  provide
redemption  of  beverage  containers when the reverse vending machine is
full, broken, under repair  or  does  not  accept  a  type  of  beverage
container  sold or offered for sale by such dealer and may not limit the
hours or days of redemption except as provided by subdivision  three  of
this section.
  (b)  Beginning  March first, two thousand ten, a dealer whose place of
business is part of a chain engaged in the same general field  of  busi-
ness  which operates ten or more units in this state under common owner-
ship and whose business exceeds: (i) forty thousand square feet  but  is
less than sixty thousand square feet shall install and maintain at least
three  reverse  vending machines at the dealer's place of business; (ii)
sixty thousand square feet but is less than eighty-five thousand  square
feet  shall  install and maintain at least four reverse vending machines
at the dealer's place of business; or (iii) eighty-five thousand  square
feet  shall install and maintain at least eight reverse vending machines
at the dealer's place of business; provided, however, that the  require-
ments of this paragraph to install and maintain reverse vending machines
shall  not  apply  to  a  dealer  that  sells only refrigerated beverage
containers of twenty ounces or less where  each  beverage  container  is
sold  as  an  individual  container that is not connected to or packaged
with any other beverage container.
  (c) A dealer to which paragraph (b) of this subdivision does not apply
and whose place of business is at least forty thousand square feet which
does not utilize reverse vending  machines  to  process  empty  beverage
containers  for redemption shall: (i) establish and maintain a dedicated
area within such business to accept beverage containers for  redemption;
(ii)  adequately  staff such area to facilitate efficient acceptance and
processing of such containers during business hours; and (iii) post  one
or  more conspicuous signs conforming to the size and color requirements
described in subdivision two of this section at each public entrance  to

S. 4736--A                          3

the  business  which describes where in the business the redemption area
is located.
  (D)  The  commissioner  [may] SHALL establish in rules and regulations
additional standards for the efficient processing of beverage containers
by such dealers.  SUCH RULES AND REGULATIONS SHALL INCLUDE  A  PROVISION
FOR  A  WAIVER  FROM  THE  REQUIREMENTS  OF THIS SECTION IF A DEALER CAN
REASONABLY DEMONSTRATE THAT THEY PLAN TO IMPLANT  AN  ALTERNATIVE  MECH-
ANISM FOR CONVENIENTLY AND EFFICIENTLY ACCEPTING BEVERAGE CONTAINERS FOR
REDEMPTION.    SUCH  REGULATIONS  MAY  ALSO  PROVIDE THAT A DEALER UNDER
SUBPARAGRAPH (III) OF PARAGRAPH (B) OF  THIS  SUBDIVISION  MAY  MAINTAIN
LESS  THAN  EIGHT BUT GREATER THAN FIVE REVERSE VENDING MACHINES IF SUCH
DEALER CAN DEMONSTRATE THAT  EIGHT  REVERSE  VENDING  MACHINES  ARE  NOT
NECESSARY  FOR  THE  CONVENIENT  AND  EFFICIENT  REDEMPTION  OF BEVERAGE
CONTAINERS.
  [(d)] (E) For the purposes of this subdivision on any day that a deal-
er is open for less than twenty-four hours, the dealer may  restrict  or
refuse  the  payment of refund values during the first and last hour the
dealer is open for business.
  (F) FOR THE PURPOSES OF THIS SUBDIVISION A DEALER SHALL NOT INCLUDE  A
RETAIL  OR WHOLESALE ESTABLISHMENT, OTHER THAN A FOOD SERVICE ESTABLISH-
MENT,  WHERE  TWENTY-FIVE  PERCENT  OR  MORE  OF  GROSS  SALES   INCLUDE
PRESCRIPTION OR NON-PRESCRIPTION MEDICINES AND/OR ANY COOKED OR UNCOOKED
ARTICLE  OF FOOD, DRINK, CONFECTION OR CONDIMENT USED FOR OR INTENDED TO
BE USED FOR  HUMAN  CONSUMPTION  OFF  THE  PREMISES,  IS  STORED,  SOLD,
PREPARED, COOKED OR OFFERED FOR SALE AT RETAIL SUCH AS CANDY MANUFACTUR-
ERS, CONFECTIONERIES, FISH MARKETS, FRUIT AND VEGETABLE MARKETS, GROCERY
STORES,  CONVENIENCE  STORES,  MEAT MARKETS, NUT STORES, DRESSED POULTRY
MARKETS, RETAIL BAKERIES, BAKERY OUTLETS, OR ANY SIMILAR ESTABLISHMENTS.
  S 5. Subdivision 1 of section 27-1012 of the  environmental  conserva-
tion  law, as added by section 8 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:
  1. Each deposit initiator shall deposit in a refund value  account  an
amount equal to the refund value initiated under section 27-1005 of this
title  which is received with respect to each beverage container sold by
such deposit initiator. Such deposit initiator shall hold the amounts in
the refund value account in trust for the state. A refund value  account
shall  be  an interest-bearing account established in a banking institu-
tion located in this state, the deposits in  which  are  insured  by  an
agency  of  the  federal  government.  Deposits of such amounts into the
refund value account shall be made not less frequently than every [five]
TEN business days. All interest, dividends and  returns  earned  on  the
refund  value  account  shall  be  paid  directly into said account. The
monies in such accounts shall be kept separate and apart from all  other
monies  in  the possession of the deposit initiator. The commissioner of
taxation and finance may specify a system of accounts and records to  be
maintained with respect to accounts established under this subdivision.
  S  6.  Part SS of chapter 59 of the laws of 2009 amending the environ-
mental conservation law and the economic  development  law  relating  to
including  additional  beverage  containers,  is amended by adding a new
section 15-a to read as follows:
  S 15-A. ON OR BEFORE SEPTEMBER 30, 2010, THE COMMISSIONER OF  ENVIRON-
MENTAL  CONSERVATION,  IN  CONJUNCTION WITH THE COMMISSIONER OF TAXATION
AND FINANCE, SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS  OF  THE
SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEES, REGARDING ANY
ISSUES OF FRAUD OR REDEMPTION OF NON-NEW YORK STATE BEVERAGE CONTAINERS.

S. 4736--A                          4

SUCH  REPORT  SHALL  INCLUDE  ANY  DATA  RELATING  TO THE OCCURRENCE AND
FREQUENCY OF SUCH FRAUD  OR  IMPROPER  REDEMPTION.  WHEN  PREPARING  THE
REPORT, THE COMMISSIONERS MAY CONSULT WITH BOTTLERS, DEPOSIT INITIATORS,
AND/OR  DISTRIBUTORS  TO  DETERMINE  IF,  AND  TO  WHAT EXTENT, FRAUD OR
IMPROPER REDEMPTION HAS OCCURRED. IN  ADDITION  TO  THE  COLLECTION  AND
REPORTING  OF  THE DATA, THE REPORT SHALL CONTAIN ANY SUGGESTED LEGISLA-
TIVE RECOMMENDATIONS THAT CAN BE IMPLEMENTED TO  THWART  SUCH  FRAUD  OR
IMPROPER REDEMPTION IN THE FUTURE.
  S  7.  This  act shall take effect immediately; provided, however that
the amendments to chapter 59 of the laws of 2009 made by section one  of
this  act  shall  be deemed to have been in full force and effect on and
after April 1, 2009; provided that the amendments to section 27-1007  of
the  environmental  conservation  law made by sections three and four of
this act shall take effect on the same date and in the  same  manner  as
part SS of chapter 59 of the laws of 2009, takes effect.

co-Sponsors

2009-S4736B (ACTIVE) - Details

Current Committee:: Senate Finance

2009-S4736B (ACTIVE) - Summary

2009-S4736B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4736B

 TITLE OF BILL :
An act to amend chapter 59 of the laws of 2009, amending the
environmental conservation law and the economic development law
relating to including additional beverage containers, in relation to
the effectiveness thereof; relating to including additional beverage
containers, in relation to requiring a study on fraud and improper
redemption; and to amend the environmental conservation law, in
relation to returnable beverage containers


This bill will:
* delay the addition of bottled water to the State's "bottle bill;"
* repeal the requirement of a "New York Only" bar code on deposit
containers;
* allow for innovation in redemption, particularly for Big Box stores;
and
* require the Departments of Environmental Conservation (DEC) and Tax
and Finance to report to the Legislature on cross-border fraud and
improper redemption.

 SUMMARY OF PROVISIONS :
Section 1 delays the addition of bottled water to the Returnable
Beverage Container Act to October 1, 2009.

§2. Repeals subdivision 12 of section 27-1012 of the of the
Environmental Conservation Law (ECL) which contains the requirement
that deposit containers sold in New York State have a New York State
specific universal product.

§3. Amends paragraph (a) of subdivision 3 of section 27-10070 of the
ECL to provide that a store of less than 10,000 square feet may
 EITHER
contract with a redemption center within one half mile or provide a
two hour daily period where up to 240 containers must be accepted.

§4. Amends subdivision 1 of section 27-1007 of the ECL to:
* provide that the scrip or receipt from reverse vending machines
shall expire after 30 days, and that such scrip or receipt clearly
indicate its expiration;
* require the Commissioner of DEC to provide for a waiver for the
requirement of large chain stores to install reverse vending machines
if equally convenient and efficient methods of redemption will be
provided; and
* provides that certain large chain stores are exempt from the
requirements to install reverse vending machines if they sell a
minimum amount of covered containers for off-premises consumption.

§5. Amends subdivision 1 of section 27-1012 to allow businesses ten
days, rather than five days, to deposit the container refunds into a
refund value account.

§6. Amends Part SS of chapter 59 of the laws of 2009 to require the
commissioners of DEC and the Department of Tax and Finance to report
and provide recommendations to the Legislature on issues related to
illegal redemption and cross-border fraud.

§7. provides the effective date.

 EXISTING LAW :
As passed in the budget and adopted by Chapter 59 of the Laws of 2009,
all water soda and beer containers must have a New York deposit label
and a New York specific bar code on June 1, 2009.

 JUSTIFICATION :
Simply stated, there will be no bottled water legal for consumer
purchase at retail on shelves in New York State on June 1 because of
insufficient lead time to implement the changes in labeling the
product.  Typically product is in the pipeline from bottler to retail
for over 90 days. This was recognized by the legislature in 1983 where
implementation of the original deposit law was delayed by three months
to accommodate a sufficient lead in time. Less than two months is
clearly insufficient. In fact, all imported bottled water is currently
in transit and not labeled for sale in New York as a deposit
container. October 1, 2009 should be sufficient to have all water
bottles properly labeled for sale in New York.

The New York specific universal product code (UPC or "bar code") is
simply unworkable at every level, whether it be the bottler, the
distributor/wholesaler or retailer. While the intention of eliminating
"transshipped" or out of state product sales in New York is laudable,
the additional costs to consumers associated with creating new labels,
"slotting," which essentially segregates New York product from all
others in inventory, and reprogramming all code readers at retail, far
outweigh the potential benefits. Instead of preemptively addressing
the issue of fraud, this bill requires the commissioners of DEC and
the Department of Tax and Finance to report and provide
recommendations to the Legislature on issues related to cross-border
fraud.  The bill also makes other technical corrections to.improve
implementation of the new bottle bill requirements contained in
Chapter 59 of the Laws of 2009.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
There will be some loss of revenue to the general fund due to the
delay in the addition of water bottles to the State's Returnable
Container Act.

 EFFECTIVE DATE :
Immediate.

2009-S4736B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4736--B
    Cal. No. 298

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sens. KRUGER, MONSERRATE, DIAZ, ESPADA, STACHOWSKI, VALE-
  SKY -- read twice and ordered printed, and when printed to be  commit-
  ted to the Committee on Finance -- committee discharged, bill amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported favorably from said committee, ordered to  first  and  second
  report,  amended  on second report, ordered to a third reading, and to
  be reprinted as amended, retaining its place in  the  order  of  third
  reading

AN  ACT  to  amend chapter 59 of the laws of 2009, amending the environ-
  mental conservation law and the economic development law  relating  to
  including  additional  beverage  containers, in relation to the effec-
  tiveness thereof; relating to including additional  beverage  contain-
  ers,  in  relation  to requiring a study on fraud and improper redemp-
  tion; and to amend the environmental conservation law, in relation  to
  returnable beverage containers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 16 of part SS of chapter 59 of the
laws of 2009,  amending  the  environmental  conservation  law  and  the
economic  development  law  relating  to  including  additional beverage
containers, is amended to read as follows:
  1. [sections] SECTION two [and] OF THIS ACT SHALL TAKE EFFECT  OCTOBER
1, 2009;
  1-A. SECTION three of this act shall take effect April 1, 2009;
  S  2. Subdivision 12 of section 27-1012 of the environmental conserva-
tion law, as added by section 8 of part SS of chapter 59 of the laws  of
2009, is amended to read as follows:
  12.  Beginning  on  [June] JANUARY first, two thousand [nine] TEN each
deposit initiator shall register the container  label  of  any  beverage
offered  for sale in the state on which it initiates a deposit. Any such
registered container label shall bear a universal  product  code.  [Such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11414-05-9

S. 4736--B                          2

universal  product  code  shall  be New York state specific, in order to
identify the beverage container as offered for sale exclusively  in  New
York  state, and as a means of preventing illegal redemption of beverage
containers  purchased  out-of-state.]  Registration  must be on forms as
prescribed by the department and must include the universal product code
for each combination of beverage and container manufactured. The commis-
sioner may require that such forms be filed electronically. The  deposit
initiator  shall  renew  a  label  registration  whenever  that label is
revised by altering the universal product code or whenever the container
on which it appears is changed in size, composition or glass color.
  S 3. Paragraph (a) of subdivision 3 of section 27-1007 of the environ-
mental conservation law, as added by section 4 of part SS of chapter  59
of the laws of 2009, is amended to read as follows:
  (a) The dealer has a written agreement with a redemption center, be it
either  at  a  fixed physical location within the same county and within
one-half mile of the dealer's place of business, or a mobile  redemption
center,  operated  by  a  redemption center, that is located within one-
quarter mile of the dealer's place of business.  The  redemption  center
must  have  a  written agreement with the dealer to accept containers on
behalf of the dealer; and the redemption  center's  hours  of  operation
must  cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of
a mobile redemption center, the hours of operation must cover  at  least
four consecutive hours between 8:00 a.m. and 8:00 p.m.  daily. The deal-
er  must  post a conspicuous, permanent sign, meeting the size and color
specifications set forth in subdivision two of  this  section,  open  to
public  view,  identifying  the  location  and hours of operation of the
affiliated redemption center or mobile redemption center; [and] OR
  S 4. Subdivision 1 of section 27-1007 of the  environmental  conserva-
tion  law, as added by section 4 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:
  1. (a) A dealer shall accept at his or her place of  business  from  a
redeemer  any  empty  beverage  containers  of  the design, shape, size,
color, composition and brand sold or offered for sale by the dealer, and
shall pay to the  redeemer  the  refund  value  of  each  such  beverage
container  as  established in section 27-1005 of this title. Redemptions
of refund value must be in legal tender, or a scrip or  receipt  from  a
reverse  vending  machine,  provided  that  the  scrip or receipt can be
exchanged for legal tender for a period of not less than [sixty]  THIRTY
days  without  requiring  the  purchase  of other goods.   SUCH SCRIP OR
RECEIPT SHALL CLEARLY INDICATE THE EXPIRATION THEREOF. The use or  pres-
ence  of  a  reverse  vending  machine shall not relieve a dealer of any
obligations imposed pursuant to this section. If  a  dealer  utilizes  a
reverse  vending  machine to redeem containers, the dealer shall provide
redemption of beverage containers when the reverse  vending  machine  is
full,  broken,  under  repair  or  does  not  accept  a type of beverage
container sold or offered for sale by such dealer and may not limit  the
hours  or  days of redemption except as provided by subdivision three of
this section.
  (b) Beginning March first, two thousand ten, a dealer whose  place  of
business  is  part of a chain engaged in the same general field of busi-
ness which operates ten or more units in this state under common  owner-
ship  and  whose business exceeds: (i) forty thousand square feet but is
less than sixty thousand square feet shall install and maintain at least
three reverse vending machines at the dealer's place of  business;  (ii)
sixty  thousand square feet but is less than eighty-five thousand square
feet shall install and maintain at least four reverse  vending  machines

S. 4736--B                          3

at  the dealer's place of business; or (iii) eighty-five thousand square
feet shall install and maintain at least eight reverse vending  machines
at  the dealer's place of business; provided, however, that the require-
ments of this paragraph to install and maintain reverse vending machines
shall  not  apply  to  a  dealer  that  sells only refrigerated beverage
containers of twenty ounces or less where  each  beverage  container  is
sold  as  an  individual  container that is not connected to or packaged
with any other beverage container. THIS PARAGRAPH  SHALL  NOT  APPLY  TO
RETAIL  ESTABLISHMENTS  IN  WHICH  THE SALES OF CONSUMER COMMODITIES, AS
DEFINED IN SECTION TWO HUNDRED FOURTEEN-H OF THE AGRICULTURE AND MARKETS
LAW, DO NOT EXCEED TEN PERCENT OF ANNUAL GROSS SALES.
  (c) A dealer to which paragraph (b) of this subdivision does not apply
and whose place of business is at least forty thousand square feet which
does not utilize reverse vending  machines  to  process  empty  beverage
containers  for redemption shall: (i) establish and maintain a dedicated
area within such business to accept beverage containers for  redemption;
(ii)  adequately  staff such area to facilitate efficient acceptance and
processing of such containers during business hours; and (iii) post  one
or  more conspicuous signs conforming to the size and color requirements
described in subdivision two of this section at each public entrance  to
the  business  which describes where in the business the redemption area
is located.
  (D) The commissioner [may] SHALL establish in  rules  and  regulations
additional standards for the efficient processing of beverage containers
by  such dealers.   SUCH RULES AND REGULATIONS SHALL INCLUDE A PROVISION
FOR A WAIVER FROM THE REQUIREMENTS OF  THIS  SECTION  IF  A  DEALER  CAN
REASONABLY  DEMONSTRATE  THAT  THEY PLAN TO IMPLANT AN ALTERNATIVE MECH-
ANISM FOR CONVENIENTLY AND EFFICIENTLY ACCEPTING BEVERAGE CONTAINERS FOR
REDEMPTION.   SUCH REGULATIONS MAY ALSO  PROVIDE  THAT  A  DEALER  UNDER
SUBPARAGRAPH  (III)  OF  PARAGRAPH  (B) OF THIS SUBDIVISION MAY MAINTAIN
LESS THAN EIGHT BUT GREATER THAN FIVE REVERSE VENDING MACHINES  IF  SUCH
DEALER  CAN  DEMONSTRATE  THAT  EIGHT  REVERSE  VENDING MACHINES ARE NOT
NECESSARY FOR  THE  CONVENIENT  AND  EFFICIENT  REDEMPTION  OF  BEVERAGE
CONTAINERS.
  [(d)] (E) For the purposes of this subdivision on any day that a deal-
er  is  open for less than twenty-four hours, the dealer may restrict or
refuse the payment of refund values during the first and last  hour  the
dealer is open for business.
  S  5.  Subdivision 1 of section 27-1012 of the environmental conserva-
tion law, as added by section 8 of part SS of chapter 59 of the laws  of
2009, is amended to read as follows:
  1.  Each  deposit initiator shall deposit in a refund value account an
amount equal to the refund value initiated under section 27-1005 of this
title which is received with respect to each beverage container sold  by
such deposit initiator. Such deposit initiator shall hold the amounts in
the  refund value account in trust for the state. A refund value account
shall be an interest-bearing account established in a  banking  institu-
tion  located  in  this  state,  the deposits in which are insured by an
agency of the federal government. Deposits  of  such  amounts  into  the
refund value account shall be made not less frequently than every [five]
TEN  business  days.  All  interest, dividends and returns earned on the
refund value account shall be  paid  directly  into  said  account.  The
monies  in such accounts shall be kept separate and apart from all other
monies in the possession of the deposit initiator. The  commissioner  of
taxation  and finance may specify a system of accounts and records to be
maintained with respect to accounts established under this subdivision.

S. 4736--B                          4

  S 6. Part SS of chapter 59 of the laws of 2009 amending  the  environ-
mental  conservation  law  and  the economic development law relating to
including additional beverage containers, is amended  by  adding  a  new
section 15-a to read as follows:
  S  15-A. ON OR BEFORE SEPTEMBER 30, 2010, THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION, IN CONJUNCTION WITH THE  COMMISSIONER  OF  TAXATION
AND FINANCE, SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF THE
SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEES, REGARDING ANY
ISSUES OF FRAUD OR REDEMPTION OF NON-NEW YORK STATE BEVERAGE CONTAINERS.
SUCH REPORT SHALL INCLUDE  ANY  DATA  RELATING  TO  THE  OCCURRENCE  AND
FREQUENCY  OF  SUCH  FRAUD  OR  IMPROPER  REDEMPTION. WHEN PREPARING THE
REPORT, THE COMMISSIONERS MAY CONSULT WITH BOTTLERS, DEPOSIT INITIATORS,
AND/OR DISTRIBUTORS TO DETERMINE  IF,  AND  TO  WHAT  EXTENT,  FRAUD  OR
IMPROPER  REDEMPTION  HAS  OCCURRED.  IN  ADDITION TO THE COLLECTION AND
REPORTING OF THE DATA, THE REPORT SHALL CONTAIN ANY  SUGGESTED  LEGISLA-
TIVE  RECOMMENDATIONS  THAT  CAN  BE IMPLEMENTED TO THWART SUCH FRAUD OR
IMPROPER REDEMPTION IN THE FUTURE.
  S 7. This act shall take effect immediately;  provided,  however  that
the  amendments to chapter 59 of the laws of 2009 made by section one of
this act shall be deemed to have been in full force and  effect  on  and
after  April 1, 2009; provided that the amendments to section 27-1007 of
the environmental conservation law made by sections three  and  four  of
this  act  shall  take effect on the same date and in the same manner as
part SS of chapter 59 of the laws of 2009, takes effect.

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Finance Committee

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Ruben Diaz

Pedro Espada Jr.

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