S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3390
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   mandatory acceptance of empty beverage containers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 and subdivision 2 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, are amended to read as
 follows:
   (a) A dealer shall accept at his or her place  of  business,  PROVIDED
 THAT SUCH PLACE OF BUSINESS IS NOT LESS THAN TWO THOUSAND SQUARE FEET OR
 SUCH  PLACE  OF BUSINESS IS NOT LESS THAN FIVE THOUSAND SQUARE FEET WHEN
 LICENSED UNDER ARTICLE TWENTY-C OF THE AGRICULTURE AND  MARKETS  LAW  OR
 THAT  SUCH  PLACE OF BUSINESS IS NOT LOCATED IN A CITY WITH A POPULATION
 OF ONE MILLION OR MORE, from a redeemer any empty beverage containers of
 the design, shape, size, color, composition and brand  sold  or  offered
 for  sale  by the dealer, and shall pay to the redeemer the refund value
 of each such beverage container as established  in  section  27-1005  of
 this  title.  Redemptions  of refund value must be in legal tender, or a
 scrip or receipt from a reverse vending machine, provided that the scrip
 or receipt can be exchanged for legal tender for a period  of  not  less
 than  sixty  days without requiring the purchase of other goods. The use
 or presence of a reverse vending machine shall not relieve a  dealer  of
 any obligations imposed pursuant to this section. If a dealer utilizes a
 reverse  vending  machine to redeem containers, the dealer shall provide
 redemption of beverage containers when the reverse  vending  machine  is
 full,  broken,  under  repair  or  does  not  accept  a type of beverage
 container sold or offered for sale by such dealer and may not limit  the
 hours  or  days of redemption except as provided by subdivision three of
 this section.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00241-01-7

 S. 3390                             2
 
   2. A dealer shall post a conspicuous sign, at the point of sale,  that
 states:
                      "NEW YORK BOTTLE BILL OF RIGHTS
 
  STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
          THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 
 YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
 ACT:
   THE RIGHT to return your empties for refund to any  dealer  who  sells
 the  same brand, type and size, whether you bought the beverage from the
 dealer or not, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS  LARGER  THAN
 TWO  THOUSAND  SQUARE  FEET OR SUCH DEALER'S PLACE OF BUSINESS IS LARGER
 THAN FIVE THOUSAND SQUARE FEET WHEN LICENSED UNDER ARTICLE  TWENTY-C  OF
 THE  AGRICULTURE  AND  MARKETS LAW OR THAT SUCH PLACE OF BUSINESS IS NOT
 LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  It is ille-
 gal to return containers for refund that you did not pay a deposit on in
 New York state.
   THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
 purchase.
   THE  RIGHT  to  return  your empties any day, any hour, except for the
 first and last hour of the dealer's business day (empty  containers  may
 be redeemed at any time in 24-hour stores).
   THE  RIGHT  to  return  your  containers if they are empty and intact.
 Washing containers is not required by law, but is  strongly  recommended
 to maintain sanitary conditions.
   The New York state returnable container act can be enforced by the New
 York  state department of environmental conservation, the New York state
 department of agriculture and markets, the New York state department  of
 taxation and finance, the New York state attorney general and/or by your
 local government."
   Such  sign must be no less than eight inches by ten inches in size and
 have lettering a minimum of one quarter inch high, and of a color  which
 contrasts with the background. The department shall maintain a toll free
 telephone number for a "bottle bill complaint line" that shall be avail-
 able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
 violations  of  this  title. The telephone number shall be listed on any
 sign required by this section.
   § 2. This act shall take effect immediately.