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