S T A T E O F N E W Y O R K
________________________________________________________________________
7762
2013-2014 Regular Sessions
I N A S S E M B L Y
June 4, 2013
___________
Introduced by M. of A. GARBARINO -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
mandatory acceptance of returnable beverage containers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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:
8. [It shall be the responsibility of the deposit initiator or
distributor to provide to a dealer or redemption center a sufficient
number of bags, cartons, or other suitable containers, at no cost, for
the packaging, handling and pickup of empty beverage containers that are
not redeemed through a reverse vending machine. The bags, cartons, or
containers must be provided by the deposit initiator or distributor on a
schedule that allows the dealer or redemption center sufficient time to
sort the empty beverage containers prior to pick up by the deposit
initiator or distributor. In addition:]
(a) When picking up empty beverage containers, a deposit initiator or
distributor shall not require a dealer or redemption center to load
their own bags, cartons or containers onto or into the deposit initi-
ator's or distributor's vehicle or vehicles or provide the staff or
equipment needed to do so.
(b) A deposit initiator or distributor [shall not] MAY 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.
(c) A deposit initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center at reasonable times and
intervals as determined in rules or regulations promulgated by the
department.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.