S T A T E   O F   N E W   Y O R K
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                                  5499

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

Introduced  by  M.  of A. ENGLEBRIGHT, TITONE, CASTRO, GUNTHER -- Multi-
  Sponsored by -- M. of A.  BOYLAND, HOOPER, JACOBS, MENG, THIELE, WEIS-
  ENBERG -- read once and referred to  the  Committee  on  Environmental
  Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  authorizing and directing the commissioner of environmental  conserva-
  tion  to  establish  rules and regulations for in-home reverse vending
  machines; and directing such commissioner to determine the best design
  for such in-home machines and providing for the payment of a grant  to
  the designer or inventor thereof

  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 12-a to read as follows:
  12-A.  "IN-HOME  REVERSE  VENDING  MACHINE"  MEANS  A  REVERSE VENDING
MACHINE PLACED IN THE RESIDENCE OR BUSINESS OF A CONSUMER WHICH ISSUES A
SCRIP OR RECEIPT TO SUCH CONSUMER FOR THE REFUND VALUE OF  ALL  BEVERAGE
CONTAINERS TO BE PAID BY A REDEMPTION CENTER.
  S 2. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers AND IN-HOME REVERSE VENDING MACHINES.
  1.  The commissioner is hereby empowered to promulgate rules and regu-
lations governing [(1)] (A)  the  circumstances  in  which  dealers  and
distributors,  individually  or collectively, are required to accept the
return of empty beverage containers, and make  payment  therefor;  [(2)]
(B) the sorting of the containers which a deposit initiator or distribu-
tor  may  require  of  dealers  and  redemption  centers;  [(3)] (C) the
collection of returned beverage  containers  by  deposit  initiators  or
distributors, including the party to whom such expense is to be charged,
the  frequency of such pick ups and the payment for refunds and handling

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09135-01-1
              

A. 5499                             2

fees thereon; [(4)] (D) the right of dealers to restrict  or  limit  the
number  of containers redeemed, the rules for redemption at the dealers'
place of business, and the redemption of containers from a beverage  for
which  sales  have  been  discontinued, and to issue permits to persons,
firms or corporations which establish  redemption  centers,  subject  to
applicable  provisions  of  local and state laws, at which redeemers and
dealers may return empty beverage containers and receive payment of  the
refund  value  of  such  beverage containers; AND (E) TERMS OF CONTRACTS
PROVIDING FOR THE PAYMENT BY REDEMPTION CENTERS OF THE REFUND  VALUE  OF
BEVERAGE  CONTAINERS  DEPOSITED  IN IN-HOME REVERSE VENDING MACHINES AND
THE COLLECTION OF SUCH DEPOSITED CONTAINERS BY  REDEMPTION  CENTERS.  No
dealer  or  distributor,  as  defined  in section 27-1003 of this title,
shall be required to obtain a permit to operate a redemption  center  at
the  same  location  as the dealer's or distributor's place of business.
Operators of such redemption centers shall receive payment of the refund
value of each beverage container from the appropriate deposit  initiator
or distributor as provided under section 27-1007 of this title.
  2.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS GOVERNING
THE DESIGN,  OPERATION  AND  AVAILABILITY  OF  IN-HOME  REVERSE  VENDING
MACHINES.  FURTHERMORE, THE COMMISSIONER SHALL SUBMIT TO THE LEGISLATURE
SUCH  LEGISLATIVE  PROPOSALS  AS  HE OR SHE SHALL DEEM NECESSARY FOR THE
REGULATION AND USE OF IN-HOME REVERSE VENDING MACHINES.
  S 3. (a) The commissioner of environmental conservation shall  solicit
and  any  person  may  submit to such commissioner a design for an effi-
cient, accurate, reliable  and  easy  to  use  in-home  reverse  vending
machine,  as defined in subdivision 12-a of section 27-1003 of the envi-
ronmental conservation law. The commissioner shall establish and publish
standards for the design of reverse vending machines to be used in  this
state.
  (b)  On  or  before  January  1, 2013, the commissioner shall from the
designs and prototype in-home reverse vending machines submitted to  him
or  her,  determine which design or prototype thereof is the best design
and most closely meets the standards therefor. The designer or  inventor
of  the best design or prototype shall be awarded a grant of one hundred
twenty thousand dollars. Notwithstanding any other provision of  law  to
the  contrary,  such grant shall be paid from the solid waste account of
the environmental protection fund.
  S 4. This act shall take effect immediately.