S T A T E O F N E W Y O R K
________________________________________________________________________
2129--A
2019-2020 Regular Sessions
I N S E N A T E
January 22, 2019
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
returnable bottles; and to amend chapter 58 of the laws of 2013 amend-
ing the environmental conservation law and the state finance law
relating to the "Cleaner, Greener NY Act of 2013", in relation to the
effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 27-1003 of the environmental
conservation law, as amended by section 2 of part SS of chapter 59 of
the laws of 2009, is amended to read as follows:
1. "Beverage" means carbonated soft drinks, water, beer, other malt
beverages [and a], WINE, LIQUOR, DISTILLED SPIRIT COOLERS, AND CIDER AND
wine [product] PRODUCTS as defined in [subdivision thirty-six-a of]
section three of the alcoholic beverage control law. "Malt beverages"
means any beverage obtained by the alcoholic fermentation or infusion or
decoction of barley, malt, hops, or other wholesome grain or cereal and
water including, but not limited to ale, stout or malt liquor. "Water"
means any beverage identified through the use of letters, words or
symbols on its product label as a type of water, including any flavored
water or nutritionally enhanced water[, provided, however, that "water"
does not include any beverage identified as a type of water to which a
sugar has been added].
§ 2. Subdivision 1 of section 27-1003 of the environmental conserva-
tion law, as amended by section one of this act, is amended to read as
follows:
1. "Beverage" means carbonated soft drinks, NONCARBONATED SOFT DRINKS,
NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING LESS THAN ONE HUNDRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07752-04-9
S. 2129--A 2
PERCENT FRUIT OR VEGETABLE JUICE, COFFEE AND TEA BEVERAGES, CARBONATED
FRUIT BEVERAGES, water, beer, other malt beverages, wine, liquor,
distilled spirit coolers, and cider and wine products as defined in
section three of the alcoholic beverage control law. "Malt beverages"
means any beverage obtained by the alcoholic fermentation or infusion or
decoction of barley, malt, hops, or other wholesome grain or cereal and
water including, but not limited to ale, stout or malt liquor. "Water"
means any beverage identified through the use of letters, words or
symbols on its product label as a type of water, including any flavored
water or nutritionally enhanced water.
§ 3. Subdivision 12 of section 27-1003 of the environmental conserva-
tion law, as added by section 3 of part SS of chapter 59 of the laws of
2009, is amended and a new subdivision 14 is added to read as follows:
12. "Reverse vending machine" means an automated device that uses a
laser scanner, microprocessor, or other technology to accurately recog-
nize the universal product code (UPC) on containers to determine if the
container is redeemable and accumulates information regarding containers
redeemed, including the number of such containers redeemed, thereby
enabling the reverse vending machine to accept containers from redeemers
and to issue a scrip or receipt for their refund value. SUCH DEFINITION
SHALL ALSO APPLY TO ALTERNATIVE TECHNOLOGY APPROVED BY THE COMMISSIONER
PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION 27-1007 OF THIS TITLE.
14. "STATE-SPECIFIC UPC CODE" MEANS A UNIVERSAL PRODUCT CODE AND LABEL
DESIGN THAT IS UNIQUE TO NEW YORK OR USED ONLY IN NEW YORK AND ANY OTHER
STATES THAT HAVE A SUBSTANTIALLY SIMILAR REFUND VALUE LAW.
§ 4. Section 27-1007 of the environmental conservation law, as added
by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
of subdivision 1 as amended by chapter 459 of the laws of 2011, and
subdivision 12 as added by section 3 of part F of chapter 58 of laws of
2013, is amended to read as follows:
§ 27-1007. Mandatory acceptance.
Except as provided in section 27-1009 of this title:
1. (a) A dealer shall accept at his or her place of business 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. IN THE EVENT SUCH SCRIP
OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT MUST INDICATE ANY EXPIRATION
DATE AND THE DEALER MUST POST A CONSPICUOUS SIGN INDICATING HOW MANY
DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR LEGAL TENDER.
IF SUCH NOTIFICATION IS NOT PROVIDED, A DEALER MUST REDEEM THE FULL
REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use or pres-
ence 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.
S. 2129--A 3
(b) Beginning March first, two thousand ten, a dealer whose place of
business is part of a chain engaged in the same general field of busi-
ness which operates ten or more units in this state under common owner-
ship and whose business has at least: (i) forty thousand but less than
sixty thousand square feet devoted to the display of merchandise for
sale to the public shall install and maintain at least two reverse vend-
ing machines at the dealer's place of business; (ii) sixty thousand but
less than eighty-five thousand square feet devoted to the display of
merchandise for sale to the public shall install and maintain at least
three reverse vending machines at the dealer's place of business; or
(iii) eighty-five thousand square feet devoted to the display of
merchandise for sale to the public shall install and maintain at least
four reverse vending machines at the dealer's place of business. The
requirements of paragraph (b) of this subdivision to install and main-
tain reverse vending machines shall not apply to a dealer that: (i)
sells only beverage containers of twenty ounces or less where such
beverage containers are packaged in quantities fewer than six; (ii)
sells beverage containers and devotes no more than five percent of its
floor space to the display and sale of consumer commodities, as defined
in section two hundred fourteen-h of the agriculture and markets law; or
(iii) obtains a waiver from the commissioner authorizing dealers to
provide consumers with an alternative technology that: (A) determines if
the container is redeemable, (B) provides protections against fraud
through a system that validates each container redeemed by reading the
universal product code and, except with respect to refillable contain-
ers, renders the container unredeemable, (C) accumulates information
regarding containers redeemed, and (D) issues legal tender, or a scrip,
receipt, or other form of credit for the refund value, that can be
exchanged for legal tender for a period of not less than sixty days
without requiring the purchase of other goods AND INCLUDES ANY EXPIRA-
TION DATE ON THE SCRIP, RECEIPT, OR OTHER FROM OF CREDIT. Notwithstand-
ing the foregoing, if the alternative technology does not allow consum-
ers to immediately obtain the refund value of the redeemed container, a
dealer shall be permitted to deploy such alternative technology only if
it also offers an alternative that allows consumers to conveniently and
immediately obtain such refund value through a reverse vending machine
or other alternative method.
(c) A dealer to which paragraph (b) of this subdivision does not apply
and whose place of business is at least forty thousand square feet which
does not utilize reverse vending machines to process empty beverage
containers for redemption shall: (i) establish and maintain a dedicated
area within such business to accept beverage containers for redemption;
(ii) adequately staff such area to facilitate efficient acceptance and
processing of such containers during business hours; and (iii) post one
or more conspicuous signs conforming to the size and color requirements
described in subdivision two of this section at each public entrance to
the business which describes where in the business the redemption area
is located. The commissioner may establish in rules and regulations
additional standards for the efficient processing of beverage containers
by such dealers.
(d) For the purposes of this subdivision on any day that a dealer is
open for less than twenty-four hours, the dealer may restrict or refuse
the payment of refund values during the first and last hour the dealer
is open for business.
2. A dealer shall post a conspicuous sign, at the point of sale, that
states:
S. 2129--A 4
"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. It is illegal 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.
3. On or after June first, two thousand nine, a dealer may limit the
number of empty beverage containers to be accepted for redemption at the
dealer's place of business to no less than seventy-two containers per
visit, per redeemer, per day, provided that:
(a) The dealer has a written agreement with a redemption center, be it
either at a fixed physical location within the same county and within
[one-half] ONE mile of the dealer's place of business, or a mobile
redemption center, operated by a redemption center, that is located
within one-quarter mile of the dealer's place of business. The redemp-
tion center must have a written agreement with the dealer to accept
containers on behalf of the dealer; and the redemption center's hours of
operation must cover at least 9:00 a.m. through 7:00 p.m. daily or in
the case of a mobile redemption center, the hours of operation must
cover at least four consecutive hours between 8:00 a.m. and 8:00 p.m.
daily. The dealer must post a conspicuous, permanent sign, meeting the
size and color specifications set forth in subdivision two of this
section, open to public view, identifying the location and hours of
operation of the affiliated redemption center or mobile redemption
center; and
(b) The dealer provides, at a minimum, a consecutive two hour period
between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer, per day, and posts a
conspicuous, permanent sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
S. 2129--A 5
tifying those hours. The dealer may not change the hours of redemption
without first posting a thirty day notice; and
(c) The dealer's primary business is the sale of food or beverages for
consumption off-premises, and the dealer's place of business is less
than ten thousand square feet in size.
4. A deposit initiator shall accept from a dealer or operator of a
redemption center any empty beverage container of the design, shape,
size, color, composition and brand sold or offered for sale by the
deposit initiator, and shall pay the dealer or operator of a redemption
center the refund value of each such beverage container as established
by section 27-1005 of this title. A deposit initiator shall accept and
redeem all such empty beverage containers from a dealer or redemption
center without limitation on quantity.
5. A deposit initiator's or distributor's failure to pick up empty
beverage containers, including containers processed in a reverse vending
machine, from a redemption center, dealer or the operator of a reverse
vending machine, IN A TIMELY MANNER AND AT REASONABLE TIMES AS PROVIDED
BY THE DEPARTMENT PURSUANT TO THE REGULATIONS PROMULGATED PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION shall be a violation
of this title.
6. In addition to the refund value of a beverage container as estab-
lished by section 27-1005 of this title, a deposit initiator shall pay
to any dealer or operator of a redemption center a handling fee of
[three and one-half] FIVE cents for each beverage container accepted by
the deposit initiator from such dealer or operator of a redemption
center. Payment of the handling fee shall be as compensation for
collecting, sorting and packaging of empty beverage containers for
transport back to the deposit initiator or its designee. Payment of the
handling fee may not be conditioned on the purchase of any goods or
services, nor may such payment be made out of the refund value account
established pursuant to section 27-1012 of this title. A distributor who
does not initiate deposits on a type of beverage container is considered
a dealer only for the purpose of receiving a handling fee from a deposit
initiator.
7. A deposit initiator on a brand shall accept from a distributor who
does not initiate deposits on that brand any empty beverage containers
of that brand accepted by the distributor from a dealer or operator of a
redemption center and shall reimburse the distributor the refund value
of each such beverage container, as established by section 27-1005 of
this title. In addition, the deposit initiator shall reimburse such
distributor for each such beverage container the handling fee estab-
lished under subdivision six of this section. Without limiting the
rights of the department or any person, firm or corporation under this
subdivision or any other provision of this section, a distributor shall
have a civil right of action to enforce this subdivision, including,
upon three days notice, the right to apply for temporary and preliminary
injunctive relief against continuing violations, and until arrangements
for collection and return of empty containers or reimbursement of such
distributor for such deposits and handling fees are made.
8. It shall be the responsibility of the deposit initiator or distrib-
utor to provide to a dealer or redemption center a sufficient number of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing, 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
S. 2129--A 6
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. HOWEVER, WHERE PALLETS OR SKIDS, BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR EQUIPMENT, A DEPOSIT INITIATOR OR DISTRIBUTOR MAY REQUIRE A
DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING
A FORKLIFT OR SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
CENTER PROVIDED THAT SUCH EQUIPMENT AND APPROPRIATE STAFF ARE READILY
AVAILABLE.
(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. IN THE EVENT OF A DISCREPANCY
BETWEEN THE COUNT OF THE DEALER OR REDEMPTION CENTER AND THE COUNT OF
THE DEPOSIT INITIATOR OR DISTRIBUTOR FOR CONTAINERS NOT PROCESSED
THROUGH A REVERSE VENDING MACHINE ALL SUCH EMPTY CONTAINERS SHALL BE
RETAINED AND A RE-COUNT MAY BE REQUESTED. THE RE-COUNT MAY BE HELD AT A
LOCATION OTHER THAN THE REDEMPTION CENTER OR DEALER'S PLACE OF BUSINESS
ONLY IF THE DEALER OR REDEMPTION CENTER AGREES AND IS PRESENT.
(c) A deposit initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center IN A TIMELY MANNER AND
at reasonable times [and intervals] as determined in rules or regu-
lations promulgated by the department NO LATER THAN APRIL FIRST, TWO
THOUSAND TWENTY.
9. No person shall return or assist another to return to a dealer or
redemption center an empty beverage container for its refund value if
such container had previously been accepted for redemption by a dealer,
redemption center, or deposit initiator who initiates deposits on bever-
age containers of the same brand.
10. A redeemer, dealer, distributor or redemption center shall not
knowingly redeem an empty beverage container on which a deposit was
never paid in New York state.
11. Notwithstanding the provisions of subdivision two of section
27-1009 of this title, a deposit initiator or distributor shall accept
and redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall have accepted and paid the
refund value of such beverage containers.
12. No person shall intentionally program, tamper with, render inaccu-
rate, or circumvent the proper operation of a reverse vending machine to
wrongfully elicit deposit monies when no valid, redeemable beverage
container has been placed in and properly processed by the reverse vend-
ing machine.
13. THE DEPARTMENT AND THE DEPARTMENT OF TAXATION AND FINANCE ARE
AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE.
§ 5. Paragraph (b) of subdivision 3 of section 27-1011 of the environ-
mental conservation law, as added by section 1 of part PP of chapter 58
of the laws of 2018, is amended and a new subdivision 4 is added to read
as follows:
(b) comply with minimum post-consumer recycled material content and
hole diameter limitations as defined in rules and regulations promulgat-
ed by the department NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY, and
is recyclable and indicates a resin identification code.
S. 2129--A 7
4. (A) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-TWO, EVERY GLASS
BEVERAGE CONTAINER SHALL CONTAIN A MINIMUM PERCENTAGE OF THIRTY-FIVE
PERCENT POST-CONSUMER GLASS AND EVERY ALUMINUM BEVERAGE CONTAINER SHALL
CONTAIN A MINIMUM PERCENTAGE OF THIRTY-FIVE PERCENT POST-CONSUMER ALUMI-
NUM.
(B) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, EVERY POLYETHY-
LENE TEREPHTHALATE (PET) BEVERAGE CONTAINER SHALL CONTAIN NO LESS THAN
TWENTY-FIVE PERCENT POST-CONSUMER PET.
(C) EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTY, EVERY PLASTIC BEVER-
AGE CONTAINER SHALL CONTAIN NO LESS THAN THIRTY PERCENT POST-CONSUMER
PLASTIC.
(D) THE DEPARTMENT MAY, BY REGULATION, GRANT A REDUCTION OR WAIVER OF
THE PERCENTAGE REQUIREMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION IF
THE DEPARTMENT FINDS AND DETERMINES THAT IT IS TECHNOLOGICALLY INFEASI-
BLE FOR THE BOTTLER TO ACHIEVE THE SPECIFIED PERCENT REQUIREMENT.
§ 6. Paragraph c of subdivision 3 of section 27-1012 of the environ-
mental conservation law, as added by section 8 of part SS of chapter 59
of the laws of 2009, is amended to read as follows:
c. all withdrawals from the refund value account during such quarter,
including all reimbursements paid pursuant to subdivision two of this
section, all service charges on the account, PROVIDED THAT SUCH SERVICE
CHARGES DO NOT EXCEED THE MAXIMUM AMOUNT AUTHORIZED BY THE COMMISSIONER,
and all payments made pursuant to subdivision four of this section; and
§ 7. Paragraph a of subdivision 4 of section 27-1012 of the environ-
mental conservation law, as added by section 8 of part SS of chapter 59
of the laws of 2009, is amended to read as follows:
a. Quarterly payments. An amount equal to eighty percent of the
balance outstanding in the refund value account at the close of each
quarter shall be paid to the commissioner of taxation and finance at the
time the report provided for in subdivision three of this section is
required to be filed. The commissioner of taxation and finance may
require that the payments be made electronically. The remaining twenty
percent of the balance outstanding at the close of each quarter shall be
the monies of the deposit initiator and may be withdrawn from such
account by the deposit initiator. HOWEVER, UNTIL APRIL FIRST, TWO THOU-
SAND TWENTY-FIVE, A DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON BEVERAGE
CONTAINERS WITH A STATE-SPECIFIC UNIVERSAL PRODUCT CODE MAY BE ENTITLED
TO PAY AN AMOUNT EQUAL TO SEVENTY-FIVE PERCENT OF THE BALANCE OUTSTAND-
ING IN THE REFUND VALUE ACCOUNT SPECIFICALLY ATTRIBUTABLE TO BEVERAGE
CONTAINERS BEARING SUCH PRODUCT CODE AT THE CLOSE OF EACH QUARTER TO THE
COMMISSIONER OF TAXATION AND FINANCE AT THE TIME THE REPORT PROVIDED FOR
IN SUBDIVISION THREE OF THIS SECTION IS REQUIRED TO BE FILED. NO LATER
THAN OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER OF TAXA-
TION AND FINANCE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLA-
TURE REGARDING THE IMPLEMENTATION OF THE STATE-SPECIFIC UNIVERSAL PROD-
UCT CODE AND AN EVALUATION OF ITS EFFECTIVENESS IN DECREASING FRAUD. If
the provisions of this section with respect to such account have not
been fully complied with, each deposit initiator shall pay to such
commissioner at such time, in lieu of the amount described in the
preceding sentence, an amount equal to the balance which would have been
outstanding on such date had such provisions been fully complied with.
The commissioner of taxation and finance may require that the payments
be made electronically.
§ 8. Subdivision 12 of section 27-1012 of the environmental conserva-
tion law, as amended by section 6 of part F of chapter 58 of the laws of
2013, is amended to read as follows:
S. 2129--A 8
12. a. Each deposit initiator shall provide a report to the department
describing all the types of beverage containers on which it initiates
deposits. The report shall include the product name, type of beverage,
size and composition of the beverage container, universal product code,
THE PRESENCE OF ANY STATE-SPECIFIC UNIVERSAL PRODUCT CODE AND THE
PERCENTAGE OF PRODUCTS COVERED BY SUCH CODE, THE METHODS USED TO PREVENT
THE FRAUDULENT SALE AND REDEMPTION OF BEVERAGE CONTAINERS, and any other
information the department may require. Upon request, a deposit initi-
ator shall also provide to the department a copy of the container label
or a picture of any beverage container sold or offered for sale in this
state on which it initiates a deposit. Such information shall be
provided in a form as prescribed by the department. The department may
require that such forms be filed electronically.
b. A bottler may place on a beverage container a STATE-SPECIFIC
universal product code [or other distinctive marking that is specific to
the state or used only in the state and any other states with laws
substantially similar to this title] as a means of preventing the sale
or redemption of beverage containers on which no deposit was initiated.
c. A bottler or deposit initiator shall notify the department, in a
form prescribed by the department, whenever a beverage container or
beverage container label is revised by altering the universal product
code, or whenever the container on which a universal product code
appears is changed in size, composition or glass color, or whenever the
container or container label on which a universal product code appears
is changed to include a STATE-SPECIFIC universal product code [that is
unique to the state or used only in the state and any other states with
laws substantially similar to this title].
§ 9. Section 27-1014 of the environmental conservation law, as amended
by section 10 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
§ 27-1014. Authority to promulgate rules and regulations.
In addition to the authority of the commissioner, under sections
27-1007, 27-1009, 27-1011, 27-1012, and 27-1013 of this title, the
commissioner shall have the power to promulgate rules and regulations
necessary and appropriate for the administration of this title.
§ 10. Section 12 of part F of chapter 58 of the laws of 2013 amending
the environmental conservation law and the state finance law relating to
the "Cleaner, Greener NY Act of 2013", as amended by section 2-b of part
JJ of chapter 58 of the laws of 2017, is amended to read as follows:
§ 12. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013; provided,
however, that the amendments to subdivision 5-a of section 27-1015 of
the environmental conservation law, as added by section nine of this
act, shall expire and be deemed repealed on April 1, [2019] 2021.
§ 11. This act shall take effect on April 1, 2020; provided, however,
that section two of this act shall take effect on April 1, 2021. Effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
