Bill Text: NY S00136 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to mandatory acceptance of empty beverage containers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00136 Detail]

Download: New_York-2015-S00136-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        136--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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
         mandatory acceptance of empty beverage containers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 1 and subdivision 2 of section
    2  27-1007  of the environmental conservation law, as added by section 4 of
    3  part SS of chapter 59 of the laws  of  2009,  are  amended  to  read  as
    4  follows:
    5    (a)  A  dealer  shall accept at his or her place of business, PROVIDED
    6  THAT SUCH PLACE OF BUSINESS IS NOT LESS THAN TWO THOUSAND SQUARE FEET OR
    7  SUCH PLACE OF BUSINESS IS NOT LESS THAN FIVE THOUSAND SQUARE  FEET  WHEN
    8  LICENSED  UNDER  ARTICLE  TWENTY-C OF THE AGRICULTURE AND MARKETS LAW OR
    9  THAT SUCH PLACE OF BUSINESS IS NOT LOCATED IN A CITY WITH  A  POPULATION
   10  OF ONE MILLION OR MORE, from a redeemer any empty beverage containers of
   11  the  design,  shape,  size, color, composition and brand sold or offered
   12  for sale by the dealer, and shall pay to the redeemer the  refund  value
   13  of  each  such  beverage  container as established in section 27-1005 of
   14  this title. Redemptions of refund value must be in legal  tender,  or  a
   15  scrip or receipt from a reverse vending machine, provided that the scrip
   16  or  receipt  can  be exchanged for legal tender for a period of not less
   17  than sixty days without requiring the purchase of other goods.  The  use
   18  or  presence  of a reverse vending machine shall not relieve a dealer of
   19  any obligations imposed pursuant to this section. If a dealer utilizes a
   20  reverse vending machine to redeem containers, the dealer  shall  provide
   21  redemption  of  beverage  containers when the reverse vending machine is
   22  full, broken, under repair  or  does  not  accept  a  type  of  beverage
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00707-03-5
       S. 136--A                           2
    1  container  sold or offered for sale by such dealer and may not limit the
    2  hours or days of redemption except as provided by subdivision  three  of
    3  this section.
    4    2.  A dealer shall post a conspicuous sign, at the point of sale, that
    5  states:
    6                       "NEW YORK BOTTLE BILL OF RIGHTS
    7   STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
    8           THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
    9  YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK  STATE  RETURNABLE  CONTAINER
   10  ACT:
   11    THE  RIGHT  to  return your empties for refund to any dealer who sells
   12  the same brand, type and size, whether you bought the beverage from  the
   13  dealer  or  not, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS LARGER THAN
   14  TWO THOUSAND SQUARE FEET OR SUCH DEALER'S PLACE OF  BUSINESS  IS  LARGER
   15  THAN  FIVE  THOUSAND SQUARE FEET WHEN LICENSED UNDER ARTICLE TWENTY-C OF
   16  THE AGRICULTURE AND MARKETS LAW OR THAT SUCH PLACE OF  BUSINESS  IS  NOT
   17  LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  It is ille-
   18  gal to return containers for refund that you did not pay a deposit on in
   19  New York state.
   20    THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
   21  purchase.
   22    THE RIGHT to return your empties any day, any  hour,  except  for  the
   23  first  and  last hour of the dealer's business day (empty containers may
   24  be redeemed at any time in 24-hour stores).
   25    THE RIGHT to return your containers if  they  are  empty  and  intact.
   26  Washing  containers  is not required by law, but is strongly recommended
   27  to maintain sanitary conditions.
   28    The New York state returnable container act can be enforced by the New
   29  York state department of environmental conservation, the New York  state
   30  department  of agriculture and markets, the New York state department of
   31  taxation and finance, the New York state attorney general and/or by your
   32  local government."
   33    Such sign must be no less than eight inches by ten inches in size  and
   34  have  lettering a minimum of one quarter inch high, and of a color which
   35  contrasts with the background. The department shall maintain a toll free
   36  telephone number for a "bottle bill complaint line" that shall be avail-
   37  able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
   38  violations of this title. The telephone number shall be  listed  on  any
   39  sign required by this section.
   40    S 2. This act shall take effect immediately.