Bill Text: NY A03934 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a recycling program for containers of adult-use cannabis sold in New York; requires such containers to be made of at least fifty percent recycled materials.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - referred to environmental conservation [A03934 Detail]
Download: New_York-2023-A03934-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3934 2023-2024 Regular Sessions IN ASSEMBLY February 8, 2023 ___________ Introduced by M. of A. FAHY, SEAWRIGHT, SIMON -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to establishing a recycling program for containers of adult-use cannabis sold in New York, and requiring such containers to be made of at least fifty percent recycled materials The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 27-1001 of the environmental conservation law, as 2 amended by section 1 of part SS of chapter 59 of the laws of 2009, is 3 amended to read as follows: 4 § 27-1001. Legislative findings. 5 The legislature hereby finds that litter composed of discarded bever- 6 age containers and other single use containers is a growing problem of 7 state concern and a direct threat to the health and safety of the citi- 8 zens of this state. Discarded beverage containers and other single use 9 containers create a hazard to vehicular traffic, a source of physical 10 injury to pedestrians and farm animals, a hazard to farm and other 11 machinery and an unsightly accumulation of litter which must be disposed 12 of at increasing public expense. Beverage containers and other single 13 use containers also create an unnecessary addition to the state's and 14 municipalities' already overburdened solid waste and refuse disposal 15 systems. Unsegregated disposal of such containers creates an impediment 16 to the efficient operation of resource recovery plants. Further, the 17 legislature finds that the uninhibited discard of beverage containers 18 and other single use containers constitutes a waste of both mineral and 19 energy resources. The legislature hereby finds that requiring a deposit 20 on all beverage containers and single use cannabis containers, along 21 with certain other facilitating measures, will provide a necessary 22 incentive for the economically efficient and environmentally benign 23 collection and recycling of such containers. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04114-01-3A. 3934 2 1 § 2. Subdivisions 4, 5-a, 6, 7, 8, 9 and 10 of section 27-1003, subdi- 2 visions 4, 7, 8 and 10 as added by chapter 200 of the laws of 1982, and 3 subdivision 5-a as added and subdivisions 6 and 9 as amended by section 4 3 of part SS of chapter 59 of the laws of 2009, are amended and three 5 new subdivisions 2-b, 14 and 15 are added to read as follows: 6 2-b. "Cannabis packager" means a person, firm or corporation who 7 bottles, cans or otherwise packages cannabis in cannabis containers 8 except that if such packaging is for any other person, firm or corpo- 9 ration having the right to bottle, can or otherwise package the same 10 brand of cannabis, then such other person, firm or corporation shall be 11 the cannabis packager. 12 4. "Dealer" means: 13 a. every person, firm or corporation who engages in the sale of bever- 14 ages in beverage containers to a consumer for off premises consumption 15 in this state; or 16 b. every person, firm or corporation licensed under the laws of this 17 state to engage in the sale of cannabis to an adult for use in this 18 state. 19 5-a. A "deposit initiator" for each beverage or cannabis container for 20 which a refund value is established under section 27-1005 of this title 21 means: 22 a. the bottler of the beverage in such container, or the packager of 23 cannabis in such container; 24 b. the distributor of such container if such distributor's purchase of 25 such container was not, directly or indirectly, from a registered depos- 26 it initiator; 27 c. a dealer of such container who sells or offers for sale such 28 container in this state, whose purchase of such container was not, 29 directly or indirectly, from a registered deposit initiator; or 30 d. an agent acting on behalf of a registered deposit initiator. 31 6. "Distributor" means: 32 a. any person, firm or corporation which engages in the sale or offer 33 for sale of beverages in beverage containers to a dealer; or 34 b. any person, firm or corporation licensed under the laws of this 35 state to engage in the wholesale sale of cannabis to dealers in this 36 state. 37 7. "Place of business" means the location at which a dealer sells or 38 offers for sale beverages in beverage containers or cannabis in cannabis 39 containers to consumers. 40 8. "Redeemer" means every person who demands the refund value provided 41 for herein in exchange for the empty beverage or cannabis container, but 42 shall not include a dealer as defined in subdivision four of this 43 section. 44 9. "Redemption center" means any person offering to pay the refund 45 value of an empty beverage or cannabis container to a redeemer, or any 46 person who contracts with one or more dealers or distributors to 47 collect, sort and obtain the refund value and handling fee of empty 48 beverage or cannabis containers for, or on behalf of, such dealer or 49 distributor under the provisions of section 27-1013 of this title. 50 10. "Use or consumption" means the exercise of any right or power 51 incident to the ownership of a beverage or cannabis, other than the sale 52 or the keeping or retention of a beverage or cannabis for the purpose of 53 sale. 54 14. "Cannabis" means all parts of the plant of the genus cannabis, 55 which has been authorized for distribution and sale for adult-use in 56 this state.A. 3934 3 1 15. "Cannabis container" means the sealed glass, metal, aluminum, 2 steel or plastic bottle, can or jar used for containing cannabis 3 intended for adult-use in this state. 4 § 3. Section 27-1005 of the environmental conservation law, as added 5 by section 4 of part SS of chapter 59 of the laws of 2009, is amended to 6 read as follows: 7 § 27-1005. Refund value. 8 No person shall sell or offer for sale a beverage or cannabis contain- 9 er in this state unless the deposit on such beverage or cannabis 10 container is or has been collected by a registered deposit initiator and 11 unless such container has a refund value of not less than five cents 12 which is clearly indicated thereon as provided in section 27-1010 or 13 27-1011 of this title. 14 § 4. Section 27-1007 of the environmental conservation law, as added 15 by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b) 16 of subdivision 1 as amended by chapter 459 of the laws of 2011, and 17 subdivision 12 as added by section 3 of part F of chapter 58 of the laws 18 of 2013, is amended to read as follows: 19 § 27-1007. Mandatory acceptance. 20 Except as provided in section 27-1009 of this title: 21 1. (a) A dealer shall accept at his or her place of business from a 22 redeemer any empty beverage or cannabis containers of the design, shape, 23 size, color, composition and brand sold or offered for sale by the deal- 24 er, and shall pay to the redeemer the refund value of each such beverage 25 or cannabis container as established in section 27-1005 of this title. 26 Redemptions of refund value must be in legal tender, or a scrip or 27 receipt from a reverse vending machine, provided that the scrip or 28 receipt can be exchanged for legal tender for a period of not less than 29 sixty days without requiring the purchase of other goods. The use or 30 presence of a reverse vending machine shall not relieve a dealer of any 31 obligations imposed pursuant to this section. If a dealer utilizes a 32 reverse vending machine to redeem containers, the dealer shall provide 33 redemption of beverage or cannabis containers when the reverse vending 34 machine is full, broken, under repair or does not accept a type of 35 beverage or cannabis container sold or offered for sale by such dealer 36 and may not limit the hours or days of redemption except as provided by 37 subdivision three of this section. 38 (b) Beginning March first, two thousand ten, a dealer under paragraph 39 a of subdivision four of section 27-1003 of this title whose place of 40 business is part of a chain engaged in the same general field of busi- 41 ness which operates ten or more units in this state under common owner- 42 ship and whose business has at least: (i) forty thousand but less than 43 sixty thousand square feet devoted to the display of merchandise for 44 sale to the public shall install and maintain at least two reverse vend- 45 ing machines at the dealer's place of business for the collection of 46 beverage containers; (ii) sixty thousand but less than eighty-five thou- 47 sand square feet devoted to the display of merchandise for sale to the 48 public shall install and maintain at least three reverse vending 49 machines for the collection of beverage containers at the dealer's place 50 of business; or (iii) eighty-five thousand square feet devoted to the 51 display of merchandise for sale to the public shall install and maintain 52 at least four reverse vending machines for the collection of beverage 53 containers at the dealer's place of business. The requirements of para- 54 graph (b) of this subdivision to install and maintain reverse vending 55 machines shall not apply to a dealer that: (i) sells only beverage 56 containers of twenty ounces or less where such beverage containers areA. 3934 4 1 packaged in quantities fewer than six; (ii) sells beverage containers 2 and devotes no more than five percent of its floor space to the display 3 and sale of consumer commodities, as defined in section two hundred 4 fourteen-h of the agriculture and markets law; [or] (iii) obtains a 5 waiver from the commissioner authorizing dealers to provide consumers 6 with an alternative technology that: (A) determines if the container is 7 redeemable, (B) provides protections against fraud through a system that 8 validates each container redeemed by reading the universal product code 9 and, except with respect to refillable containers, renders the container 10 unredeemable, (C) accumulates information regarding containers redeemed, 11 and (D) issues legal tender, or a scrip, receipt, or other form of cred- 12 it for the refund value, that can be exchanged for legal tender for a 13 period of not less than sixty days without requiring the purchase of 14 other goods; or (iv) is a dealer under paragraph b of subdivision four 15 of section 27-1003 of this title. Notwithstanding the foregoing, if the 16 alternative technology does not allow consumers to immediately obtain 17 the refund value of the redeemed container, a dealer shall be permitted 18 to deploy such alternative technology only if it also offers an alterna- 19 tive that allows consumers to conveniently and immediately obtain such 20 refund value through a reverse vending machine or other alternative 21 method. 22 (c) A dealer to which paragraph (b) of this subdivision does not apply 23 and whose place of business is at least forty thousand square feet which 24 does not utilize reverse vending machines to process empty beverage or 25 cannabis containers for redemption shall: (i) establish and maintain a 26 dedicated area within such business to accept beverage or cannabis 27 containers for redemption; (ii) adequately staff such area to facilitate 28 efficient acceptance and processing of such containers during business 29 hours; and (iii) post one or more conspicuous signs conforming to the 30 size and color requirements described in subdivision two of this section 31 at each public entrance to the business which describes where in the 32 business the redemption area is located. The commissioner may establish 33 in rules and regulations additional standards for the efficient process- 34 ing of beverage and cannabis containers by such dealers. 35 (d) For the purposes of this subdivision on any day that a dealer is 36 open for less than twenty-four hours, the dealer may restrict or refuse 37 the payment of refund values during the first and last hour the dealer 38 is open for business. 39 2. a. A dealer under paragraph a of subdivision four of section 40 27-1003 of this title shall post a conspicuous sign, at the point of 41 sale, that states: 42 "NEW YORK BOTTLE BILL OF RIGHTS 43 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF 44 THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE 45 YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER 46 ACT: 47 THE RIGHT to return your empties for refund to any dealer who sells 48 the same brand, type and size, whether you bought the beverage from the 49 dealer or not. It is illegal to return containers for refund that you 50 did not pay a deposit on in New York state. 51 THE RIGHT to get your deposit refund in cash, without proof of 52 purchase.A. 3934 5 1 THE RIGHT to return your empties any day, any hour, except for the 2 first and last hour of the dealer's business day (empty containers may 3 be redeemed at any time in 24-hour stores). 4 THE RIGHT to return your containers if they are empty and intact. 5 Washing containers is not required by law, but is strongly recommended 6 to maintain sanitary conditions. 7 The New York state returnable container act can be enforced by the New 8 York state department of environmental conservation, the New York state 9 department of agriculture and markets, the New York state department of 10 taxation and finance, the New York state attorney general and/or by your 11 local government." 12 Such sign must be no less than eight inches by ten inches in size and 13 have lettering a minimum of one quarter inch high, and of a color which 14 contrasts with the background. The department shall maintain a toll free 15 telephone number for a "bottle bill complaint line" that shall be avail- 16 able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of 17 violations of this title. The telephone number shall be listed on any 18 sign required by this section. 19 b. A dealer under paragraph b of subdivision four of section 27-1003 20 of this title shall post a conspicuous sign, at the point of sale, that 21 states: 22 "NEW YORK CANNABIS CONTAINER BILL OF RIGHTS 23 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE CANNABIS CONTAINERS OF 24 THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE 25 YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER 26 ACT: 27 THE RIGHT to return your empties for refund to any dealer who sells 28 the same brand, type and size, whether you bought the cannabis from the 29 dealer or not. It is illegal to return containers for refund that you 30 did not pay a deposit on in New York state. 31 THE RIGHT to get your deposit refund in cash, without proof of 32 purchase. 33 THE RIGHT to return your empties any day, any hour, except for the 34 first and last hour of the dealer's business day (empty containers may 35 be redeemed at any time in 24-hour stores). 36 THE RIGHT to return your containers if they are empty and intact. 37 Washing containers is not required by law, but is strongly recommended 38 to maintain sanitary conditions. 39 The New York state returnable container act can be enforced by the New 40 York state department of environmental conservation, the New York state 41 department of agriculture and markets, the New York state department of 42 taxation and finance, the New York state attorney general and/or by your 43 local government." 44 Such sign must be no less than eight inches by ten inches in size and 45 have lettering a minimum of one quarter inch high, and of a color which 46 contrasts with the background. The department shall maintain a toll free 47 telephone number for a "cannabis container return complaint line" that 48 shall be available from 9:00 a.m. to 5:00 p.m. each business day to 49 receive reports of violations of this title. The telephone number shall 50 be listed on any sign required by this section. 51 3. On or after June first, two thousand nine, a dealer may limit the 52 number of empty beverage or cannabis containers to be accepted forA. 3934 6 1 redemption at the dealer's place of business to no less than seventy-two 2 containers per visit, per redeemer, per day, provided that: 3 (a) The dealer has a written agreement with a redemption center, be it 4 either at a fixed physical location within the same county and within 5 one-half mile of the dealer's place of business, or a mobile redemption 6 center, operated by a redemption center, that is located within one- 7 quarter mile of the dealer's place of business. The redemption center 8 must have a written agreement with the dealer to accept containers on 9 behalf of the dealer; and the redemption center's hours of operation 10 must cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of 11 a mobile redemption center, the hours of operation must cover at least 12 four consecutive hours between 8:00 a.m. and 8:00 p.m. daily. The deal- 13 er must post a conspicuous, permanent sign, meeting the size and color 14 specifications set forth in subdivision two of this section, open to 15 public view, identifying the location and hours of operation of the 16 affiliated redemption center or mobile redemption center; and 17 (b) The dealer provides, at a minimum, a consecutive two hour period 18 between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up 19 to two hundred forty containers, per redeemer, per day, and posts a 20 conspicuous, permanent sign, meeting the size and color specifications 21 set forth in subdivision two of this section, open to public view, iden- 22 tifying those hours. The dealer may not change the hours of redemption 23 without first posting a thirty day notice; and 24 (c) The dealer's primary business is: 25 (i) the sale of food or beverages for consumption off-premises, and 26 the dealer's place of business is less than ten thousand square feet in 27 size; or 28 (ii) the sale of cannabis to adults for use in this state, as licensed 29 or otherwise authorized to do so under the laws of this state. 30 4. A deposit initiator shall accept from a dealer or operator of a 31 redemption center any empty beverage or cannabis container of the 32 design, shape, size, color, composition and brand sold or offered for 33 sale by the deposit initiator, and shall pay the dealer or operator of a 34 redemption center the refund value of each such beverage or cannabis 35 container as established by section 27-1005 of this title. A deposit 36 initiator shall accept and redeem all such empty beverage or cannabis 37 containers from a dealer or redemption center without limitation on 38 quantity. 39 5. A deposit initiator's or distributor's failure to pick up empty 40 beverage or cannabis containers, including containers processed in a 41 reverse vending machine, from a redemption center, dealer or the opera- 42 tor of a reverse vending machine, shall be a violation of this title. 43 6. In addition to the refund value of a beverage or cannabis container 44 as established by section 27-1005 of this title, a deposit initiator 45 shall pay to any dealer or operator of a redemption center a handling 46 fee of three and one-half cents for each beverage or cannabis container 47 accepted by the deposit initiator from such dealer or operator of a 48 redemption center. Payment of the handling fee shall be as compensation 49 for collecting, sorting and packaging of empty beverage or cannabis 50 containers for transport back to the deposit initiator or its designee. 51 Payment of the handling fee may not be conditioned on the purchase of 52 any goods or services, nor may such payment be made out of the refund 53 value account established pursuant to section 27-1012 of this title. A 54 distributor who does not initiate deposits on a type of beverage or 55 cannabis container is considered a dealer only for the purpose of 56 receiving a handling fee from a deposit initiator.A. 3934 7 1 7. A deposit initiator on a brand shall accept from a distributor who 2 does not initiate deposits on that brand any empty beverage or cannabis 3 containers of that brand accepted by the distributor from a dealer or 4 operator of a redemption center and shall reimburse the distributor the 5 refund value of each such beverage or cannabis container, as established 6 by section 27-1005 of this title. In addition, the deposit initiator 7 shall reimburse such distributor for each such beverage or cannabis 8 container the handling fee established under subdivision six of this 9 section. Without limiting the rights of the department or any person, 10 firm or corporation under this subdivision or any other provision of 11 this section, a distributor shall have a civil right of action to 12 enforce this subdivision, including, upon three days notice, the right 13 to apply for temporary and preliminary injunctive relief against contin- 14 uing violations, and until arrangements for collection and return of 15 empty containers or reimbursement of such distributor for such deposits 16 and handling fees are made. 17 8. It shall be the responsibility of the deposit initiator or distrib- 18 utor to provide to a dealer or redemption center a sufficient number of 19 bags, cartons, or other suitable containers, at no cost, for the packag- 20 ing, handling and pickup of empty beverage or cannabis containers that 21 are not redeemed through a reverse vending machine. The bags, cartons, 22 or containers must be provided by the deposit initiator or distributor 23 on a schedule that allows the dealer or redemption center sufficient 24 time to sort the empty beverage or cannabis containers prior to pick up 25 by the deposit initiator or distributor. In addition: 26 (a) When picking up empty beverage or cannabis containers, a deposit 27 initiator or distributor shall not require a dealer or redemption center 28 to load their own bags, cartons or containers onto or into the deposit 29 initiator's or distributor's vehicle or vehicles or provide the staff or 30 equipment needed to do so. 31 (b) A deposit initiator or distributor shall not require empty 32 containers to be counted at a location other than the redemption center 33 or dealer's place of business. The dealer or redemption center shall 34 have the right to be present at the count. 35 (c) A deposit initiator or distributor shall pick up empty beverage or 36 cannabis containers from the dealer or redemption center at reasonable 37 times and intervals as determined in rules or regulations promulgated by 38 the department. 39 9. No person shall return or assist another to return to a dealer or 40 redemption center an empty beverage or cannabis container for its refund 41 value if such container had previously been accepted for redemption by a 42 dealer, redemption center, or deposit initiator who initiates deposits 43 on beverage or cannabis containers of the same brand. 44 10. A redeemer, dealer, distributor or redemption center shall not 45 knowingly redeem an empty beverage or cannabis container on which a 46 deposit was never paid in New York state. 47 11. Notwithstanding the provisions of subdivision two of section 48 27-1009 of this title, a deposit initiator or distributor shall accept 49 and redeem beverage or cannabis containers as provided in this title, if 50 the dealer or operator of a redemption center shall have accepted and 51 paid the refund value of such beverage or cannabis containers. 52 12. No person shall intentionally program, tamper with, render inaccu- 53 rate, or circumvent the proper operation of a reverse vending machine to 54 wrongfully elicit deposit monies when no valid, redeemable beverage or 55 cannabis container has been placed in and properly processed by the 56 reverse vending machine.A. 3934 8 1 § 5. Section 27-1009 of the environmental conservation law, as amended 2 by section 4 of part F of chapter 58 of the laws of 2013, is amended to 3 read as follows: 4 § 27-1009. Refusal of acceptance. 5 1. A dealer or operator of a redemption center may refuse to accept 6 from a redeemer, and a deposit initiator or distributor may refuse to 7 accept from a dealer or operator of a redemption center any empty bever- 8 age or cannabis container which does not state thereon a refund value as 9 established by section 27-1005 and provided by [section] sections 10 27-1010 and 27-1011 of this title. 11 2. A dealer or operator of a redemption center may also refuse to 12 accept any broken bottle, corroded, crushed or dismembered container, or 13 any beverage or cannabis container which contains a significant amount 14 of foreign material, as determined in rules and regulations to be 15 promulgated by the commissioner. 16 § 6. The environmental conservation law is amended by adding a new 17 section 27-1010 to read as follows: 18 § 27-1010. Cannabis container requirements. 19 1. a. Every cannabis container sold or offered for sale in this state 20 shall clearly indicate by permanently marking or embossing the container 21 or by printing as part of the product label the refund value of the 22 container and the words "New York" or the letters "NY". 23 b. Such embossing or permanent imprinting on the cannabis container 24 shall be the responsibility of the person, firm or corporation which 25 packages a cannabis container or a brand owner for whose exclusive 26 account private label cannabis is packaged. 27 2. No deposit initiator, distributor or dealer shall sell or offer for 28 sale, at wholesale or retail in this state, any cannabis container that 29 does not consist of at least fifty percent recycled materials. 30 § 7. Subdivisions 1, 8, 9 and 12 of section 27-1012 of the environ- 31 mental conservation law, subdivisions 1, 8 and 9 as added by section 8 32 of part SS of chapter 59 of the laws of 2009, and paragraph b of subdi- 33 vision 9 and subdivision 12 as amended by section 6 of part F of chapter 34 58 of the laws of 2013, are amended to read as follows: 35 1. Each deposit initiator shall deposit in a refund value account an 36 amount equal to the refund value initiated under section 27-1005 of this 37 title which is received with respect to each beverage or cannabis 38 container sold by such deposit initiator. Such deposit initiator shall 39 hold the amounts in the refund value account in trust for the state. A 40 refund value account shall be an interest-bearing account established in 41 a banking institution located in this state, the deposits in which are 42 insured by an agency of the federal government. Deposits of such amounts 43 into the refund value account shall be made not less frequently than 44 every five business days. All interest, dividends and returns earned on 45 the refund value account shall be paid directly into said account. The 46 monies in such accounts shall be kept separate and apart from all other 47 monies in the possession of the deposit initiator. The commissioner of 48 taxation and finance may specify a system of accounts and records to be 49 maintained with respect to accounts established under this subdivision. 50 8. The commissioner of taxation and finance may require the mainte- 51 nance of such accounts, records or documents relating to the sale of 52 beverage or cannabis containers, by any deposit initiator, bottler, 53 cannabis packager, distributor, dealer or redemption center as such 54 commissioner may deem appropriate for the administration of this 55 section. Such commissioner may make examinations, including the conduct 56 of facility inspections during regular business hours, with respect toA. 3934 9 1 the accounts, records or documents required to be maintained under this 2 subdivision. Such accounts, records and documents shall be preserved for 3 a period of three years, except that such commissioner may consent to 4 their destruction within that period or may require that they be kept 5 longer. Such accounts, records and documents may be kept within the 6 meaning of this subdivision when reproduced by any photographic, photos- 7 tatic, microfilm, micro-card, miniature photographic or other process 8 which actually reproduces the original accounts, records or documents. 9 9. a. Any person required to be registered under this section who, 10 without being so registered, sells or offers for sale beverage or canna- 11 bis containers in this state, in addition to any other penalty imposed 12 by this title, shall be subject to a penalty to be assessed by the 13 commissioner of taxation and finance in an amount not to exceed five 14 hundred dollars for the first day on which such sales or offers for sale 15 are made, plus an amount not to exceed five hundred dollars for each 16 subsequent day on which such sales or offers for sale are made, not to 17 exceed twenty-five thousand dollars in the aggregate. 18 b. Any deposit initiator who fails to file reports, make quarterly 19 payments or maintain accounts or records pursuant to this section, 20 unless it is shown that such failure was due to reasonable cause and not 21 due to negligence or willful neglect, in addition to any other penalty 22 imposed by this title, shall be subject to a penalty to be assessed by 23 the commissioner of taxation and finance of not more than one thousand 24 dollars for each quarter during which such failure occurred, and an 25 additional penalty of not more than one thousand dollars for each quar- 26 ter such failure continues. 27 12. a. Each deposit initiator shall provide a report to the department 28 describing all the types of beverage or cannabis containers on which it 29 initiates deposits. The report shall include the product name, type of 30 beverage if applicable, size and composition of the beverage or cannabis 31 container, universal product code, and any other information the depart- 32 ment may require. Upon request, a deposit initiator shall also provide 33 to the department a copy of the container label or a picture of any 34 beverage or cannabis container sold or offered for sale in this state on 35 which it initiates a deposit. Such information shall be provided in a 36 form as prescribed by the department. The department may require that 37 such forms be filed electronically. 38 b. A bottler may place on a beverage or cannabis container a universal 39 product code or other distinctive marking that is specific to the state 40 or used only in the state and any other states with laws substantially 41 similar to this title as a means of preventing the sale or redemption of 42 beverage or cannabis containers on which no deposit was initiated. 43 c. A bottler or deposit initiator shall notify the department, in a 44 form prescribed by the department, whenever a beverage or cannabis 45 container or beverage or cannabis container label is revised by altering 46 the universal product code, or whenever the container on which a 47 universal product code appears is changed in size, composition or glass 48 color, or whenever the container or container label on which a universal 49 product code appears is changed to include a universal product code that 50 is unique to the state or used only in the state and any other states 51 with laws substantially similar to this title. 52 § 8. Subdivisions 1, 3 and 4 of section 27-1013 of the environmental 53 conservation law, subdivisions 1 and 3 as amended and subdivision 4 as 54 added by section 7 of part F of chapter 58 of the laws of 2013, are 55 amended to read as follows:A. 3934 10 1 1. The commissioner is hereby empowered to promulgate rules and regu- 2 lations governing (a) the circumstances in which deposit initiators, 3 dealers and distributors, individually or collectively, are required to 4 accept the return of empty beverage or cannabis containers, including 5 beverage or cannabis containers processed through reverse vending 6 machines and make payment therefor; (b) the sorting of the containers 7 which a deposit initiator or distributor may require of dealers and 8 redemption centers; (c) the collection of returned beverage or cannabis 9 containers by deposit initiators or distributors, including the party to 10 whom such expense is to be charged, the frequency of such pick ups and 11 the payment for refunds and handling fees thereon; (d) the right of 12 dealers to restrict or limit the number of containers redeemed, the 13 rules for redemption at the dealers' place of business, and the redemp- 14 tion of containers from a beverage for which sales have been discontin- 15 ued; (e) to issue registrations to persons, firms or corporations which 16 establish redemption centers, subject to applicable provisions of local 17 and state laws, at which redeemers and dealers may return empty beverage 18 or cannabis containers and receive payment of the refund value of such 19 beverage or cannabis containers. Such registrations shall be issued at 20 no cost. Should the department require by regulations adopted pursuant 21 to this paragraph that redemption centers must obtain a registration as 22 a condition of operation, any redemption center in business as of March 23 first, two thousand thirteen that previously provided the department 24 with the notification information required by regulations in effect as 25 of such date may continue to operate as if the department had issued 26 such redemption center a registration required by regulations adopted 27 under this paragraph; provided, however, that such redemption center 28 shall provide the department with any other information required by 29 regulations adopted pursuant to this paragraph. The department may, 30 after due notice and opportunity of hearing, pursuant to the provisions 31 of section 71-1709 of this chapter, deny an application or revoke a 32 registration. In determining whether or not to revoke a registration the 33 commissioner shall at a minimum, take into consideration the compliance 34 history of a violator, good faith efforts of a violator to comply, any 35 economic benefit from noncompliance and whether the violation was proce- 36 dural in nature. The commissioner's determination to revoke a registra- 37 tion is subject to review under article seventy-eight of the civil prac- 38 tice law and rules; and (f) the operation of mobile redemption centers 39 in order to ensure that to the best extent practicable containers are 40 not proffered for redemption to a deposit initiator or distributor 41 outside of the geographic area where such deposit initiator sells 42 containers and initiates deposits. 43 3. No dealer or distributor, as defined in section 27-1003 of this 44 title, shall be required to obtain a permit to operate a redemption 45 center at the same location as the dealer's or distributor's place of 46 business. Operators of such redemption centers shall receive payment of 47 the refund value of each beverage or cannabis container from the appro- 48 priate deposit initiator or distributor as provided under section 49 27-1007 of this title. 50 4. Each dealer and redemption center shall require any person tender- 51 ing for redemption more than two thousand five hundred containers at one 52 time to such dealer or redemption center to provide such person's name 53 and address and the license plate of the vehicle used to transport the 54 containers, or, in the case of an agent or employee of a not-for-profit 55 corporation, a sales tax exemption certificate. The dealer or redemption 56 center redeeming the beverage or cannabis containers shall keep theA. 3934 11 1 information on file for a minimum of twelve months and provide same to 2 the department upon request. 3 § 9. Subdivisions 3, 4 and 6 of section 27-1015 of the environmental 4 conservation law, subdivisions 3 and 4 as amended and subdivision 6 as 5 added by section 8 of part F of chapter 58 of the laws of 2013, are 6 amended to read as follows: 7 3. It shall be unlawful for a distributor or deposit initiator, acting 8 alone or aided by another, to return any empty beverage or cannabis 9 container to a dealer or redemption center for its refund value if the 10 distributor or deposit initiator had previously accepted such beverage 11 or cannabis container from any dealer or operator of a redemption center 12 or if such container was previously accepted by a reverse vending 13 machine. A violation of this subdivision shall be a misdemeanor punisha- 14 ble by a fine of not less than five hundred dollars nor more than one 15 thousand dollars and an amount equal to two times the amount of money 16 received as a result of such violation. 17 4. Any person who willfully tenders to a dealer, distributor, redemp- 18 tion center or deposit initiator more than forty-eight empty beverage or 19 cannabis containers for which such person knows or should reasonably 20 know that no deposit was paid in New York state may be assessed by the 21 department a civil penalty of up to one hundred dollars for each 22 container or up to twenty-five thousand dollars for each such tender of 23 containers. At each location where a person tenders containers for 24 redemption, dealers and redemption centers must conspicuously display a 25 sign in letters that are at least one inch in height with the following 26 information: "WARNING: Persons tendering for redemption containers on 27 which a deposit was never paid in this state may be subject to a civil 28 penalty of up to one hundred dollars per container or up to twenty-five 29 thousand dollars for each such tender of containers." Any civil penalty 30 may be assessed following a hearing or opportunity to be heard. 31 6. (a) Any person who willfully violates or directs another to violate 32 the requirements to collect or charge the refund value imposed by 33 section 27-1005 or paragraph a of subdivision nine of section 27-1012 of 34 this title on five thousand or more beverage or cannabis containers in 35 one or more separate transactions within one year shall be guilty of a 36 class B misdemeanor. 37 (b) Any person, having previously been convicted of a violation of 38 paragraph (a) of this section within the past three years, who willfully 39 violates or directs another to violate the requirements to collect or 40 charge the refund value imposed by section 27-1005 or paragraph a of 41 subdivision nine of section 27-1012 of this title on five thousand or 42 more beverage or cannabis containers in one or more separate trans- 43 actions within one year shall be guilty of a class A misdemeanor. 44 (c) Any person who willfully violates or directs another to violate 45 the requirements to collect or charge the refund value imposed by 46 section 27-1005 or paragraph a of subdivision nine of section 27-1012 of 47 this title on twenty thousand or more beverage or cannabis containers in 48 one or more separate transactions within one year shall be guilty of a 49 class E felony. 50 Nothing in this subdivision shall apply to common or contract carriers 51 or warehousemen while engaged in lawfully transporting or storing such 52 containers as merchandise, nor to any employee of such carrier or ware- 53 houseman acting within the scope of his or her employment. 54 § 10. Section 27-1016 of the environmental conservation law, as added 55 by section 12 of part SS of chapter 59 of the laws of 2009, is amended 56 to read as follows:A. 3934 12 1 § 27-1016. Public education. 2 The commissioner shall establish a public education program to dissem- 3 inate information regarding implementation of this title. Such informa- 4 tion shall include, but not be limited to, publication of the New York 5 Bottle Bill of Rights and the New York Cannabis Container Bill of Rights 6 as specified in subdivision two of section 27-1007 of this title; publi- 7 cation of information specifying the procedures necessary to establish a 8 redemption center as provided in section 27-1013 of this title, includ- 9 ing information regarding financial assistance available for the estab- 10 lishment of redemption centers as provided in section 27-1018 of this 11 title; publication of information delineating the relevant rights and 12 responsibilities of deposit initiators, distributors, dealers, redemp- 13 tion centers and redeemers under the provisions of this title; publica- 14 tion of information regarding the requirement that deposit initiators 15 register with the department of taxation and finance; and publication of 16 information on the general benefits of recycling. 17 § 11. Section 27-1018 of the environmental conservation law, as added 18 by section 13 of part SS of chapter 59 of the laws of 2009, is amended 19 to read as follows: 20 § 27-1018. Beverage or cannabis container assistance program. 21 Notwithstanding any other provision of law to the contrary, within the 22 limits of appropriations therefor, the commissioner shall make state 23 assistance payments to municipalities, businesses and not-for-profit 24 organizations located in the state for the cost of reverse vending 25 machines located or to be located in the state. Such state assistance 26 payments shall not exceed fifty percent of the costs of equipment, 27 and/or the acquisition and/or rehabilitation of real property or struc- 28 tures located or to be located in the state related to the collecting, 29 sorting, and packaging of empty beverage or cannabis containers subject 30 to the provisions of this title. Such payments may include costs related 31 to the establishment of redemption centers, including mobile redemption 32 centers. For the purposes of this section, municipalities and not-for- 33 profit organizations shall have the meaning as defined in section 34 54-0101 of this chapter and businesses shall mean a dealer, distributor 35 or redemption center as defined in this title that employs less than 36 fifty employees. 37 § 12. This act shall take effect on the one hundred eightieth day 38 after it shall have become a law. Effective immediately, the addition, 39 amendment and/or repeal of any rule or regulation necessary for the 40 implementation of this act on its effective date are authorized to be 41 made and completed on or before such effective date.