S T A T E O F N E W Y O R K
________________________________________________________________________
1973
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. JOHN, RAMOS, JAFFEE -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
reverse vending machines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 27-1003 of the environmental conservation law is
amended by adding a new subdivision 9-a to read as follows:
9-A. "REVERSE VENDING MACHINE" MEANS AN AUTOMATED DEVICE THAT USES A
LASER SCANNER, MICROPROCESSOR, OR OTHER TECHNOLOGY TO ACCURATELY RECOG-
NIZE THE UNIVERSAL PRODUCT CODE (UPC) ON CONTAINERS TO DETERMINE IF THE
CONTAINER IS REDEEMABLE AND ACCUMULATES INFORMATION REGARDING CONTAINERS
REDEEMED, INCLUDING THE NUMBER OF SUCH CONTAINERS REDEEMED, THEREBY
ENABLING THE REVERSE VENDING MACHINE TO ACCEPT CONTAINERS FROM REDEEMERS
AND TO ISSUE A SCRIP OR RECEIPT FOR THEIR REFUND VALUE.
S 2. Subdivision 1 of section 27-1007 of the environmental conserva-
tion law, as added by chapter 200 of the laws of 1982, 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 by the dealer, and shall pay to the
redeemer the refund value of each such beverage container as established
by section 27-1005 of this title.
(B) A DEPOSIT INITIATOR SHALL ACCEPT THE ACCOUNTING OF DEPOSITS
UTILIZED BY THE DEALER.
(C) (I) A DEALER WHOSE PLACE OF BUSINESS IS PART OF A CHAIN ENGAGED IN
THE SAME GENERAL FIELD OF BUSINESS WHICH OPERATES TEN OR MORE UNITS IN
THIS STATE UNDER COMMON OWNERSHIP AND WHOSE BUSINESS IS FORTY THOUSAND
THROUGH SIXTY THOUSAND SQUARE FEET SHALL INSTALL AND MAINTAIN AT LEAST
THREE REVERSE VENDING MACHINES AT THE DEALER'S PLACE OF BUSINESS; (II) A
DEALER WHOSE PLACE OF BUSINESS IS PART OF A CHAIN ENGAGED IN THE SAME
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00905-02-9
A. 1973 2
GENERAL FIELD OF BUSINESS WHICH OPERATES TEN OR MORE UNITS IN THIS STATE
UNDER COMMON OWNERSHIP AND WHOSE BUSINESS EXCEEDS SIXTY THOUSAND SQUARE
FEET SHALL INSTALL AND MAINTAIN AT LEAST FOUR REVERSE VENDING MACHINES
AT THE DEALER'S PLACE OF BUSINESS; (III) A DEALER WHOSE PLACE OF BUSI-
NESS IS PART OF A CHAIN ENGAGED IN THE SAME GENERAL FIELD OF BUSINESS
WHICH OPERATES TEN OR MORE UNITS IN THIS STATE UNDER COMMON OWNERSHIP
AND WHOSE BUSINESS EXCEEDS 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 THIS PARAGRAPH SHALL
NOT APPLY TO A DEALER THAT SELLS ONLY REFRIGERATED BEVERAGE CONTAINERS
LESS THAN SIXTEEN OUNCES WHERE EACH BEVERAGE CONTAINER IS SOLD AS AN
INDIVIDUAL CONTAINER THAT IS NOT CONNECTED TO OR PACKAGED WITH ANY OTHER
BEVERAGE CONTAINER.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.