S T A T E O F N E W Y O R K
________________________________________________________________________
8676
2009-2010 Regular Sessions
I N A S S E M B L Y
June 3, 2009
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
authorizing deposit initiators or distributors to count empty contain-
ers by mechanical process at a location other than the redemption
center or dealer's place of business
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 8 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) A deposit initiator or distributor shall not require empty
containers to be counted at a location other than the redemption center
or dealer's place of business. The dealer or redemption center shall
have the right to be present at the count, UNLESS SUCH DEPOSIT INITIATOR
OR DISTRIBUTOR COUNTS EMPTY CONTAINERS AT A LOCATION OTHER THAN THE
REDEMPTION CENTER OR DEALER'S PLACE OF BUSINESS BY MEANS OF A MECHANICAL
PROCESS WHICH SHALL BE ANNUALLY CERTIFIED TO ITS ACCURACY BY A QUALIFIED
INDEPENDENT THIRD-PARTY IN ACCORDANCE WITH RULES AND REGULATIONS PROMUL-
GATED BY THE DEPARTMENT.
S 2. This act shall take effect on the same date and in the same
manner as section 4 of part SS of chapter 59 of the laws of 2009 takes
effect.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14055-01-9