S. 7722 2
HOLIC BEVERAGE CONTROL LAW, BEVERAGES WITH DAIRY MILK AS THE PRIMARY
(FIRST) INGREDIENT, DRUGS REGULATED UNDER THE FEDERAL FOOD, DRUG AND
COSMETIC ACT, INFANT FORMULA, OR MEAL REPLACEMENT LIQUIDS. "Malt bever-
ages" 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. "Beverage container" means the individual, separate, sealed glass,
metal, aluminum, steel or [plastic] POLYETHYLENE TEREPHTHALATE (PET)
bottle, can or jar used for containing THREE LITERS OR less [than one
gallon or 3.78 liters] at the time of sale or offer for sale of a bever-
age intended for use or consumption in this state. Beverage containers
sold or offered for sale or distributed aboard aircraft or ships shall
be considered as intended for use or consumption outside this state.
§ 3. Subdivisions 3, 6 and 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, are amended to read as follows:
3. [On or] ONE YEAR after [June first, two thousand nine] THE EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE WHICH
AMENDED THIS SUBDIVISION, a dealer [may limit the number of empty bever-
age containers to be accepted for redemption at the dealer's] WHOSE
place of business [to no] IS less than [seventy-two containers per
visit, per redeemer, per day] TEN THOUSAND SQUARE FEET IN SIZE AND WHOSE
PRIMARY BUSINESS IS THE SALE OF FOOD OR BEVERAGES FOR CONSUMPTION OFF-
PREMISES MAY OBTAIN AN EXEMPTION FROM THE OBLIGATION TO ACCEPT EMPTY
BEVERAGE CONTAINERS FOR REDEMPTION AT SUCH DEALER'S PLACE OF BUSINESS
THROUGH AN APPLICATION PROCESS DEVELOPED BY THE DEPARTMENT, 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 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 redemption 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.]:
(I) WITHIN FIVE MILES OF THE DEALER'S PLACE OF BUSINESS FOR DEALERS IN
A RURAL AREA AS DEFINED BY SUBDIVISION SEVEN OF SECTION FOUR HUNDRED
EIGHTY-ONE OF THE EXECUTIVE LAW; OR
(II) WITHIN TWO MILES OF THE DEALER'S PLACE OF BUSINESS FOR DEALERS
ELSEWHERE IN THE STATE;
(B) THE AFFILIATED REDEMPTION CENTER OPERATES:
(I) IN A FIXED LOCATION AT LEAST THIRTY-FIVE HOURS PER WEEK INCLUDING
AT LEAST SIX CONSECUTIVE HOURS ON SATURDAYS AND OPERATES UNTIL 7:00 P.M.
AT LEAST ONE DAY PER WEEK; OR
(II) AS A MOBILE REDEMPTION CENTER IN THE DESIGNATED AREA AT LEAST
FIFTEEN HOURS PER WEEK INCLUDING AT LEAST FOUR CONSECUTIVE HOURS ON
SATURDAYS; AND
(C) The dealer must post a conspicuous, permanent sign, meeting the
size and color specifications set forth in subdivision two of this
S. 7722 3
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-
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].
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 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 pursu-
ant to section 27-1012 of this title. A distributor who does not initi-
ate deposits on a type of beverage container is considered a dealer only
for the purpose of receiving a handling fee from a deposit initiator.
THE AMOUNT OF THE HANDLING FEE SHALL BE AS FOLLOWS:
(A) THREE CENTS FOR EACH REDEEMED CONTAINER SUBJECT TO AN APPROVED
COMMINGLING AGREEMENT;
(B) THREE AND ONE-HALF CENTS FOR EACH CONTAINER REDEEMED THROUGH A
REVERSE VENDING MACHINE OR OTHER PROCESS UTILIZING TECHNOLOGY THAT
RECOGNIZES THE UNIVERSAL PRODUCT CODE TO DETERMINE IF THE CONTAINER IS
REDEEMABLE AND ACCUMULATES INFORMATION REGARDING THE NUMBER OF CONTAIN-
ERS REDEEMED FOR THE PURPOSE OF INVOICING DEPOSIT INITIATORS; AND
(C) FOUR AND ONE-HALF CENTS FOR ALL OTHER REDEEMED CONTAINERS.
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
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 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
S. 7722 4
intervals as determined in rules or regulations promulgated by the
department.
(C) INDEPENDENT OF PROCEDURES ADOPTED UNDER AN APPROVED COMMINGLING
AGREEMENT UNDER SECTION 27-1008 OF THIS TITLE, A DEPOSIT INITIATOR OR
DISTRIBUTOR SHALL HAVE THE RIGHT TO CONDUCT AUDITS OF CONTAINERS
PRESENTED FOR REDEMPTION BY REDEMPTION CENTERS OR DEALERS SUBJECT TO THE
FOLLOWING:
(I) AUDITS MAY BE CONDUCTED ON BAGS, GAYLORDS, SHELLS, OR OTHER RECEP-
TACLES USED TO HOLD EMPTY CONTAINERS AS WELL AS THE CONTENTS OF A
REVERSE VENDING MACHINE;
(II) THE DEPOSIT INITIATOR, DISTRIBUTOR, OR THEIR AGENT SHALL NOTIFY
THE REDEMPTION CENTER OR DEALER OF THE AUDIT IN WRITING UPON COMPLETION
OF A PICKUP OF EMPTY CONTAINERS FROM THE SITE, DESCRIBING THE TIME AND
PLACE OF THE AUDIT AND ALLOWING THE REDEMPTION CENTER OR DEALER TO BE
PRESENT;
(III) BAGS OR OTHER RECEPTACLES TO BE AUDITED SHALL BE TAGGED AT THE
TIME OF PICKUP AND INCLUDE AT LEAST TEN PERCENT OF CONTAINERS OF A
PARTICULAR CONTAINER TYPE AND SIZE (E.G., TWELVE OUNCE ALUMINUM CANS) TO
BE AUDITED BUT IN NO CASE SHALL FEWER THAN ONE THOUSAND CONTAINERS BE
AUDITED;
(IV) APPROPRIATE CHAIN OF CUSTODY PROCEDURES SHALL BE IMPLEMENTED;
(V) THE AUDIT SHALL SEPARATE CONTAINERS ELIGIBLE FOR REFUND UNDER THIS
TITLE FROM CONTAINERS AND MATERIALS THAT ARE INELIGIBLE AS SPECIFIED IN
SECTION 27-1009 OF THIS TITLE, AND THE NUMBER OF ELIGIBLE CONTAINERS
SHALL BE COMPARED TO THE NUMBER OF CONTAINERS REPRESENTED BY THE REDEMP-
TION CENTER OR DEALER AT THE TIME OF PICKUP; AND
(VI) RESULTS OF THE AUDIT SHALL BE RETAINED BY THE DISTRIBUTOR, DEPOS-
IT INITIATOR, OR AGENT WITH A COPY PROVIDED TO THE REDEMPTION CENTER OR
DEALER.
(D) IT SHALL BE A VIOLATION OF THIS TITLE TO HAVE MORE THAN TWO
PERCENT INELIGIBLE CONTAINERS WITHIN THE AUDITED BAGS, GAYLORDS, SHELLS
OR OTHER RECEPTACLES USED TO HOLD EMPTY CONTAINERS, OR IN THE AUDITED
CONTENTS OF A REVERSE VENDING MACHINE. A SHORTFALL OF GREATER THAN TEN
PERCENT BETWEEN THE NUMBER OF ELIGIBLE CONTAINERS REPRESENTED BY THE
DEALER OR REDEMPTION CENTER AND THE ACTUAL AMOUNT DETERMINED BY AUDIT
SHALL BE A VIOLATION OF THIS TITLE. EITHER VIOLATION IS SUBJECT TO
ADJUSTMENT AS FOLLOWS: FOR A FIRST VIOLATION, THE DISTRIBUTOR, DEPOSIT
INITIATOR, OR AGENT SHALL PROVIDE A WRITTEN NOTICE WARNING THE DEALER OR
REDEMPTION CENTER OF THE NATURE OF THE VIOLATION; FOR A SECOND
VIOLATION, A DISTRIBUTOR, DEPOSIT INITIATOR, OR THEIR AGENT, MAY WITH-
HOLD THE REFUND AND HANDLING FEE FOR THE FRACTION OF THE INELIGIBLE
CONTAINERS AND/OR SHORTFALL IN THE AUDITED BAGS APPLIED TO THE DAY'S
PICKUP AND PROVIDE NOTICE TO THE DEPARTMENT OF A SECOND VIOLATION; FOR A
THIRD VIOLATION, THE DISTRIBUTOR, DEPOSIT INITIATOR, OR THEIR AGENT MAY
WITHHOLD THE REFUND AND HANDLING FEE FOR THE FRACTION OF THE INELIGIBLE
CONTAINERS AND/OR SHORTFALL IN THE AUDITED BAGS APPLIED TO ONE WEEK'S
PICKUPS AND PROVIDE NOTICE TO THE DEPARTMENT; AND FOR ANY SUBSEQUENT
VIOLATION, THE ADJUSTMENT SHALL APPLY TO ALL PICKUPS FOR THE MONTH AND
THE DEPARTMENT SHALL BE APPROPRIATELY NOTIFIED. THE DEPARTMENT SHALL
CONSIDER VIOLATION RECORDS WHEN RENEWING OR, IN THE CASE OF MULTIPLE
VIOLATIONS, WITHDRAWING REGISTRATION FROM A REDEMPTION CENTER.
§ 4. Subdivision 11 of section 27-1007 of the environmental conserva-
tion law is REPEALED and subdivision 12 is renumbered subdivision 11.
§ 5. Subdivision 5 of section 27-1015 of the environmental conserva-
tion law, as amended by section 8 of part F of chapter 58 of the laws of
2013, is amended to read as follows:
S. 7722 5
5. The department, the department of agriculture and markets, the
department of taxation and finance and the attorney general are hereby
authorized to enforce the provisions of this title and all monies
collected shall be deposited to the credit of the environmental
protection fund established pursuant to section ninety-two-s of the
state finance law. In addition, the provisions of section 27-1005 of
this title and subdivisions one, two, three, four, five[,] AND ten [and
eleven] of section 27-1007 of this title may be enforced by a county,
city, town or village and the local legislative body thereof may adopt
local laws, ordinances or regulations consistent with this title provid-
ing for the enforcement of such provisions.
§ 6. The environmental conservation law is amended by adding a new
section 27-1008 to read as follows:
§ 27-1008. COMMINGLING.
1. GROUPS OF DEPOSIT INITIATORS AND BRANDS THAT WISH TO FORM A COMMIN-
GLING GROUP SHALL MEET THE FOLLOWING CRITERIA:
(A) AN AGREEMENT SHALL INCLUDE BRANDS THAT REPRESENT AT LEAST THIRTY-
FIVE PERCENT OF SALES OF ALL BEVERAGE CONTAINERS IN A COMMINGLING TERRI-
TORY.
(B) ONE COMMINGLING TERRITORY SHALL INCLUDE ALL COUNTIES IN THE
DEPARTMENT'S REGIONS THREE THROUGH NINE; COMMINGLING TERRITORIES MAY BE
ESTABLISHED SEPARATELY IN DEPARTMENT REGIONS ONE AND TWO OR THEY MAY BE
COMBINED.
(C) AN AGREEMENT SHALL CLEARLY DEFINE CRITERIA FOR DEPOSIT INITIATORS'
BRANDS TO ENTER INTO OR EXIT AN APPROVED COMMINGLING AGREEMENT AND THERE
SHALL NOT BE UNREASONABLE BARRIERS PUT INTO PLACE ON ANY BEVERAGE BRAND
ENTERING OR EXITING THE COMMINGLING AGREEMENT.
(D) THE AGREEMENT SHALL SPECIFY THE MANUFACTURERS, DISTRIBUTORS,
AND/OR THIRD PARTY PICK-UP AGENTS ACTING ON BEHALF OF THE PARTIES TO THE
AGREEMENT, THE BRANDS TO BE INCLUDED, AND THE SORTING REQUIREMENTS WHICH
SHALL NOT INCLUDE PARAMETERS OTHER THAN CONTAINER MATERIAL TYPE AND
SIZE.
(E) THE AGREEMENT SHALL SPECIFY A METHOD FOR DETERMINING THE NUMBER OF
CONTAINERS REDEEMED. SUCH METHOD SHALL BE ONE OF THE FOLLOWING:
(I) THE NUMBER OF CONTAINERS REDEEMED SHALL BE BASED UPON A COUNT OF
AT LEAST TEN PERCENT OF THE CONTAINERS PRESENTED FOR REDEMPTION BY THE
REDEMPTION CENTER;
(II) THE NUMBER OF CONTAINERS REDEEMED SHALL BE THE NUMBER OF CONTAIN-
ERS THE REDEMPTION CENTER CERTIFIES AS BEING PRESENTED FOR REDEMPTION;
OR
(III) ANOTHER METHOD APPROVED BY THE COMMISSIONER AS A PART OF THE
COMMINGLING AGREEMENT.
(F) THE AGREEMENT, OR A COVER LETTER TO THE AGREEMENT, SHALL IDENTIFY
A NAME, ADDRESS, AND TELEPHONE NUMBER FOR A POINT OF CONTACT FOR QUES-
TIONS ON THIS AGREEMENT AND TO RESPOND TO COMPLAINTS THAT THE TERMS OF
THE AGREEMENT ARE NOT BEING CONFORMED TO.
2. A COMMINGLING AGREEMENT SHALL BE SUBMITTED TO THE COMMISSIONER
PRIOR TO ITS IMPLEMENTATION FOR REVIEW AND APPROVAL.
3. IF THE DEPARTMENT BELIEVES THAT THE PARTIES TO AN APPROVED COMMIN-
GLING AGREEMENT ARE NOT IN CONFORMANCE WITH THE MINIMUM CRITERIA
CONTAINED IN THIS SECTION, THE COMMISSIONER SHALL NOTIFY THE GROUP'S
POINT OF CONTACT OF THE ALLEGED NON-COMPLIANCE. THE PARTIES SHALL HAVE
THIRTY DAYS TO CORRECT THE NONCOMPLIANCE OR PROVIDE INFORMATION DEMON-
STRATING THAT THE ALLEGATION OF NONCOMPLIANCE WAS IN ERROR. CONTINUED
NONCOMPLIANCE SHALL BE GROUNDS TO REVOKE THE APPROVAL OF A COMMINGLING
AGREEMENT.
S. 7722 6
§ 7. Section 27-1009 of the environmental conservation law, as amended
by section 4 of part F of chapter 58 of the laws of 2013, is amended to
read as follows:
§ 27-1009. Refusal of acceptance.
1. A dealer or operator of a redemption center [may] SHALL refuse to
accept from a redeemer, and a deposit initiator or distributor [may]
SHALL refuse to accept from a dealer or operator of a redemption center
any empty beverage container which does not state thereon a refund value
as established by section 27-1005 and provided by section 27-1011 of
this title.
2. A dealer or operator of a redemption center [may] SHALL also refuse
to accept any broken bottle, corroded, crushed or dismembered container,
or any beverage container which contains a significant amount of foreign
material, as determined in rules and regulations to be promulgated by
the commissioner.
3. A DEALER OR OPERATOR OF A REDEMPTION CENTER AND A DEPOSIT INITIATOR
OR DISTRIBUTOR SHALL ALSO REFUSE TO ACCEPT FOR REFUND AN EMPTY BEVERAGE
CONTAINER THAT THE DEALER, REDEMPTION CENTER, DEPOSIT INITIATOR, OR
DISTRIBUTOR KNOWS OR HAS REASONABLE GROUNDS TO KNOW WAS PURCHASED
OUTSIDE OF NEW YORK.
§ 8. Paragraph a of subdivision 1 of section 27-1011 of the environ-
mental conservation law, as amended by section 5 of part F of chapter 58
of the laws of 2013, is amended to read as follows:
a. Every beverage container sold or offered for sale in this state
shall clearly indicate by permanently marking or embossing the container
or by printing as part of the product label the refund value of the
container OR THE LETTERS "RV" and the words "New York" or the letters
"NY".
§ 9. Subdivision 5 of section 27-1012 of the environmental conserva-
tion law, as amended by section 2 of part JJ of chapter 58 of the laws
of 2017, is amended to read as follows:
5. All moneys collected or received by the department of taxation and
finance pursuant to this title shall be deposited to the credit of the
comptroller with such responsible banks, banking houses or trust compa-
nies as may be designated by the comptroller. Such deposits shall be
kept separate and apart from all other moneys in the possession of the
comptroller. The comptroller shall require adequate security from all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to be necessary for refunds out of which the comptroller must pay any
refunds to which a deposit initiator may be entitled. After reserving
the amount to pay refunds, the comptroller must, by the tenth day of
each month, pay into the state treasury to the credit of the general
fund the revenue deposited under this subdivision during the preceding
calendar month and remaining to the comptroller's credit on the last day
of that preceding month; provided, however, [that, beginning]:
(A) BEGINNING April first, two thousand thirteen, [nineteen million
dollars,] and all fiscal years thereafter, [twenty-three] FIFTEEN
million dollars plus all funds received from the payments due each
fiscal year pursuant to subdivision four of this section in excess of
[the greater of] the amount received from April first, two thousand
twelve through March thirty-first, two thousand thirteen [or one hundred
twenty-two million two hundred thousand dollars], shall be deposited to
the credit of the environmental protection fund established pursuant to
section ninety-two-s of the state finance law[.]; AND
S. 7722 7
(B) BEGINNING ON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-FIVE WHICH AMENDED THIS SUBDIVISION AND FOR EACH OF THE
NEXT THREE YEARS, SIX MILLION DOLLARS OF THE PAYMENTS TO THE STATE TREA-
SURY TO THE CREDIT OF THE GENERAL FUND SHALL INSTEAD BE TRANSFERRED TO
THE DEPARTMENT. SUCH FUNDS SHALL BE USED SOLELY TO ESTABLISH AND FUND
SUPPORT TO REDEMPTION CENTERS THAT OPERATE INDEPENDENTLY FROM DEALERS IN
RURAL AREAS AS DEFINED IN SUBDIVISION SEVEN OF SECTION FOUR HUNDRED
EIGHTY-ONE OF THE EXECUTIVE LAW OR IN ENVIRONMENTAL JUSTICE COMMUNITIES
AND THAT REDEEM FEWER THAN ONE MILLION BEVERAGE CONTAINERS PER YEAR.
SUCH SUPPORT MAY TAKE THE FORM OF A SUPPLEMENTAL HANDLING FEE, CAPPED AT
AN ADDITIONAL ONE CENT PER CONTAINER REDEEMED, OR THE EQUIVALENT IN
GRANTS AS DETERMINED BY THE DEPARTMENT. THE DEPARTMENT MAY DEVELOP POLI-
CIES AND PROCEDURES FOR THE EVALUATION OF REDEMPTION CENTER ELIGIBILITY
AND SUPPORT. THE COMMISSIONER MAY RETAIN UP TO FIVE PERCENT OF FUNDS
TRANSFERRED TO COVER THE ADMINISTRATIVE COSTS OF SUCH TEMPORARY SUPPORT.
ANY UNUSED FUNDS AT THE END OF EACH YEAR SHALL BE RETURNED TO THE GENER-
AL FUND.
§ 10. Section 27-1013 of the environmental conservation law, as
amended by section 7 of part F of chapter 58 of the laws of 2013, is
amended to read as follows:
§ 27-1013. Redemption centers.
1. The commissioner is hereby empowered to promulgate rules and regu-
lations governing (a) the circumstances in which deposit initiators,
dealers and distributors, individually or collectively, are required to
accept the return of empty beverage containers, including beverage
containers processed through reverse vending machines and make payment
therefor; (b) the sorting of the containers which a deposit initiator or
distributor may require of dealers and redemption centers; (c) the
collection of returned beverage containers by deposit initiators or
distributors, including the party to whom such expense is to be charged,
the frequency of such pick ups and the payment for refunds and handling
fees thereon; (d) the right of dealers to restrict or limit the number
of containers redeemed, the rules for redemption at the dealers' place
of business, and the redemption of containers from a beverage for which
sales have been discontinued; (e) [to issue] THE ISSUANCE OF registra-
tions to persons, firms or corporations which establish redemption
centers, subject to applicable provisions of local and state laws, at
which redeemers and dealers may return empty beverage containers and
receive payment of the refund value of such beverage containers. Such
registrations shall be issued at no cost. [Should the department require
by regulations adopted pursuant to this paragraph that redemption
centers must obtain a registration as a condition of operation, any
redemption center in business as of March first, two thousand thirteen
that previously provided the department with the notification informa-
tion required by regulations in effect as of such date may continue to
operate as if the department had issued such redemption center a regis-
tration required by regulations adopted under this paragraph; provided,
however, that such redemption center shall provide the department with
any other information required by regulations adopted pursuant to this
paragraph.] ALL REDEMPTION CENTERS IN OPERATION ON JANUARY FIRST, TWO
THOUSAND TWENTY-FIVE SHALL BE CONSIDERED TO HAVE REGISTERED, AND THE
DEPARTMENT SHALL DEVELOP A PROCESS FOR OBTAINING REGISTRATION INFORMA-
TION FROM SUCH PRE-EXISTING CENTERS WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE WHICH
AMENDED THIS SECTION. REDEMPTION CENTERS SHALL ALLOW THE DEPARTMENT TO
CONDUCT FACILITY INSPECTIONS AND SHALL MEET ALL APPLICABLE REQUIREMENTS
S. 7722 8
PRIOR TO REGISTRATION. THE REGISTRATION APPLICATION SHALL INCLUDE THE
NAME, ADDRESS, AND CONTACT INFORMATION FOR THE REDEMPTION CENTER, ITS
HOURS OF OPERATION, THE TYPES OF BEVERAGE CONTAINERS TO BE ACCEPTED, THE
NAME AND ADDRESS OF ANY DEALER WITH WHICH IT HAS A WRITTEN AGREEMENT TO
PROVIDE REDEMPTION SERVICES UNDER SUBDIVISION THREE OF SECTION 27-1007
OF THIS TITLE, FOR PRE-EXISTING CENTERS THE NUMBER OF BEVERAGE CONTAIN-
ERS ACCEPTED FOR REFUND IN THE MOST RECENTLY COMPLETED FISCAL YEAR, AND
ANY ADDITIONAL INFORMATION REQUIRED BY THE COMMISSIONER. THE COMMISSION-
ER SHALL APPROVE REGISTRATION APPLICATIONS IF THE COMMISSIONER FINDS
THAT THE FACILITY WILL PROVIDE A CONVENIENT SERVICE FOR THE RETURN OF
EMPTY BEVERAGE CONTAINERS AND MEETS ALL REGISTRATION AND OPERATING
REQUIREMENTS ENUMERATED IN THIS TITLE. REGISTRATIONS SHALL BE RENEWED NO
LESS FREQUENTLY THAN EVERY THREE YEARS. THE COMMISSIONER SHALL ANNUALLY
PUBLISH AND POST ON THE DEPARTMENT'S WEBSITE A LIST OF REGISTERED
REDEMPTION CENTERS AND THE TOTAL AGGREGATE NUMBER OF REDEEMED CONTAINERS
HANDLED BY SUCH CENTERS IN THE PRIOR YEAR. ALL REGISTRATIONS ARE SUBJECT
TO SUSPENSION OR NON-RENEWAL FOR GOOD CAUSE SHOWN, INCLUDING BUT NOT
LIMITED TO UNSAFE PRACTICES, FALSIFICATION OF REPORTS, OR SERIOUS OR
CONTINUED VIOLATION OF THIS TITLE. The department may, after due notice
and opportunity of hearing, pursuant to the provisions of section
71-1709 of this chapter, deny an application or revoke a registration.
In determining whether or not to revoke a registration the commissioner
shall at a minimum, take into consideration the compliance history of a
violator, good faith efforts of a violator to comply, any economic bene-
fit from noncompliance and whether the violation was procedural in
nature. The commissioner's determination to revoke a registration is
subject to review under article seventy-eight of the civil practice law
and rules; and (f) the operation of mobile redemption centers in order
to ensure that to the best extent practicable containers are not prof-
fered for redemption to a deposit initiator or distributor outside of
the geographic area where such deposit initiator sells containers and
initiates deposits.
2. The department may require a redemption center to obtain a permit,
[as an alternative] IN ADDITION to registration if such center is
located at the same facility or site as another solid waste management
facility otherwise subject to the requirements of title seven of this
article or the regulations promulgated pursuant thereto.
3. No dealer or distributor, as defined in section 27-1003 of this
title, shall be required to obtain a permit to operate a redemption
center at the same location as the dealer's or distributor's place of
business. Operators of such redemption centers shall receive payment of
the refund value of each beverage container from the appropriate deposit
initiator or distributor as provided under section 27-1007 of this
title.
4. Each dealer and redemption center shall require any person tender-
ing for redemption more than two thousand five hundred containers at one
time to such dealer or redemption center to provide such person's name
and address [and], the license plate of the vehicle used to transport
the containers, or, in the case of an agent or employee of a not-for-
profit corporation, a sales tax exemption certificate, AND A CERTIF-
ICATION THAT TO THE BEST OF SUCH PERSON'S KNOWLEDGE THE CONTAINERS WERE
ORIGINALLY SOLD AS FILLED BEVERAGE CONTAINERS IN THIS STATE AND WERE NOT
PREVIOUSLY REDEEMED. AFTER COMPLYING WITH AT LEAST ONE OF THESE
REQUIREMENTS, A PERSON NEED NOT COMPLY EACH SUBSEQUENT TIME SUCH PERSON
TENDERS TO A DEALER OR REDEMPTION CENTER FOR REDEMPTION MORE THAN TWO
THOUSAND FIVE HUNDRED BEVERAGE CONTAINERS IF ALL OF THE CONTAINERS WERE
S. 7722 9
COLLECTED AT ONE LOCATION IN THIS STATE, ALL PROCEEDS OF THE REFUND
VALUE BENEFIT A NONPROFIT ORGANIZATION THAT HAS BEEN DETERMINED BY THE
UNITED STATES INTERNAL REVENUE SERVICE TO BE EXEMPT FROM TAXATION UNDER
SECTION 501 (C) (3) OF THE UNITED STATES INTERNAL REVENUE CODE OF 1986,
AND THE PERSON TENDERING THE CONTAINERS FOR REDEMPTION SIGNS A DECLARA-
TION INDICATING SUCH PERSON'S NAME, THE ADDRESS OF THE COLLECTION POINT
AND THE NAME OF THE ORGANIZATION OR ORGANIZATIONS THAT WILL RECEIVE THE
REFUND VALUE. The dealer or redemption center redeeming the beverage
containers shall keep the information on file for a minimum of twelve
months and provide [same] THE INFORMATION to the department upon
request.
§ 11. This act shall take effect immediately; provided, however, that
section two of this act shall take effect July 1, 2029.
