The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2603
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to establish the bottle redemption fraud task force; and  provid-
   ing for the repeal of such provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislature hereby establishes  the  bottle  redemption
 fraud  task  force  (referred  to  hereinafter  as  the "task force") to
 conduct a comprehensive study of the fraud, enforcement,  and  reporting
 requirements related to the New York state returnable container act.
   §  2.  (a) Such task force shall consist of fifteen members that shall
 be appointed as follows:  the state attorney general or  his/her  desig-
 nee;  the  commissioner  of  the  department  of taxation and finance or
 his/her designee; the commissioner of the  department  of  environmental
 conservation  or  his/her  designee;  the  state  comptroller or his/her
 designee; the chairman of the state liquor authority or  his/her  desig-
 nee;  the  commissioner  of the department of agriculture and markets or
 his/her designee; one member shall be appointed by the  district  attor-
 neys  association  of  the  state  of  New  York;  two  members shall be
 appointed by the temporary president of the senate and two members shall
 be appointed by the speaker of the assembly, one shall be an  individual
 who represents a municipality, one shall be an individual who represents
 a deposit initiator, one shall be an individual who represents a redemp-
 tion  center,  and one shall be an individual who represents a wholesale
 distributor; and four members shall be appointed by  the  governor,  one
 shall  be an individual who represents a deposit initiator and one shall
 be an individual who represents a retailer.
   (b) The task force shall be chaired by the attorney general or his/her
 designee thereof.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07104-01-3
 A. 2603                             2
 

   (c) Members of the task force shall receive no compensation for  their
 services  but  shall be reimbursed for their actual expenses incurred in
 the performance of their duties in the work of the task force.
   (d)  Appointed  members shall, to the greatest extent practicable have
 by education or experience, knowledge of organized retail theft.
   (e) The task force is authorized to audit any reverse vending machine.
   § 3. Appointments shall be made within 60 days of the  effective  date
 of  this act. Any vacancies in the membership of the task force shall be
 filled in the same manner provided for in the initial appointment.
   § 4. The task force may  consult  with  any  organization,  government
 entity,  or  person,  in  the  development  of its report required under
 section five of this act.
   § 5. On or before one year after the effective date of this  act,  the
 task  force shall submit to the governor, the temporary president of the
 senate and the speaker of the assembly  a  report  containing,  but  not
 limited to, the following information based on available data:
   (a)  A  review  of  laws  and regulations regarding the New York state
 returnable container act  and  relevant  civil  and  criminal  penalties
 related to the act;
   (b)  The  need  for  interagency  coordination  of  public  education,
 outreach, and prevention programs for retail stores, redemption centers,
 municipalities, agents acting on behalf of the deposit  initiators  that
 provide pickup services, and any other identified entities;
   (c) The fiscal impact of fraudulent bottle redemptions and deposits in
 the state of New York;
   (d)  The  status of current enforcement efforts and recommendations on
 what could be done to improve enforcement,  including  the  addition  of
 more employees;
   (e) A review of inter-state bottle redemption fraud, including, to the
 extent  practicable, information on the number of containers that origi-
 nate from out-of-state shipments and a review of the practice of redeem-
 ing beverage containers purchased out-of-state; and
   (f) Recommended legislative, regulatory and enforcement  solutions  to
 address  fraudulent  bottle redemptions and deposits, including, but not
 limited to, inter-state initiatives.
   § 6. This act shall take effect immediately and shall expire 24 months
 after it shall have become a law when upon such date the  provisions  of
 this act shall be deemed repealed.