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

                                  11690

                          I N  A S S E M B L Y

                             August 16, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Canestrari)
  -- (at request of the Governor) --  read  once  and  referred  to  the
  Committee on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  number of reverse vending machines required for  mandatory  acceptance
  of empty beverage containers

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

  Section 1. Paragraph (b) of subdivision 1 of section  27-1007  of  the
environmental  conservation  law,  as  added  by section 4 of part SS of
chapter 59 of the laws of 2009, is amended to read as follows:
  (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] HAS AT LEAST:   (i) forty thousand
[square feet] but [is] less than sixty thousand square feet  DEVOTED  TO
THE  DISPLAY  OF  MERCHANDISE  FOR  SALE TO THE PUBLIC shall install and
maintain at least [three] TWO reverse vending machines at  the  dealer's
place  of business; (ii) sixty thousand [square feet] but [is] less than
eighty-five thousand square feet DEVOTED TO THE DISPLAY  OF  MERCHANDISE
FOR  SALE TO THE PUBLIC shall install and maintain at least [four] THREE
reverse vending machines at the dealer's place  of  business;  or  (iii)
eighty-five  thousand  square feet DEVOTED TO THE DISPLAY OF MERCHANDISE
FOR SALE TO THE PUBLIC shall install and maintain at least [eight]  FOUR
reverse  vending  machines at the dealer's place of business[; provided,
however, that the]. THE requirements of this paragraph  to  install  and
maintain  reverse vending machines shall not apply to a dealer that: (I)
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; (II)
SELLS BEVERAGE CONTAINERS AND DEVOTES NO MORE THAN FIVE PERCENT  OF  ITS
FLOOR  SPACE TO THE DISPLAY AND SALE OF CONSUMER COMMODITIES, AS DEFINED
IN SECTION TWO HUNDRED FOURTEEN-H OF THE AGRICULTURE AND MARKETS LAW; OR
(III) OBTAINS A WAIVER FROM THE  COMMISSIONER  AUTHORIZING  THE  USE  OF

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

                                                           LBD12286-02-0

A. 11690                            2

ALTERNATIVE  TECHNOLOGY  THAT DETERMINES IF THE CONTAINER IS REDEEMABLE,
ACCUMULATES INFORMATION REGARDING CONTAINERS  REDEEMED, AND ISSUES LEGAL
TENDER, OR A SCRIP, RECEIPT, OR OTHER FORM  OF  CREDIT  FOR  THE  REFUND
VALUE,  THAT  CAN  BE EXCHANGED FOR A PERIOD OF NOT LESS THAN SIXTY DAYS
WITHOUT REQUIRING THE PURCHASE OF OTHER GOODS.
  S 2. This act shall take effect immediately.