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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          136
                              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
       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,
    7  from a redeemer any empty beverage  containers  of  the  design,  shape,
    8  size, color, composition and brand sold or offered for sale by the deal-
    9  er, and shall pay to the redeemer the refund value of each such beverage
   10  container  as  established in section 27-1005 of this title. Redemptions
   11  of refund value must be in legal tender, or a scrip or  receipt  from  a
   12  reverse  vending  machine,  provided  that  the  scrip or receipt can be
   13  exchanged for legal tender for a period of  not  less  than  sixty  days
   14  without  requiring the purchase of other goods. The use or presence of a
   15  reverse vending machine shall not relieve a dealer  of  any  obligations
   16  imposed pursuant to this section. If a dealer utilizes a reverse vending
   17  machine  to  redeem  containers,  the dealer shall provide redemption of
   18  beverage containers when the reverse vending machine  is  full,  broken,
   19  under  repair  or  does  not accept a type of beverage container sold or
   20  offered for sale by such dealer and may not limit the hours or  days  of
   21  redemption except as provided by subdivision three of this section.
   22    2.  A dealer shall post a conspicuous sign, at the point of sale, that
   23  states:
   24                       "NEW YORK BOTTLE BILL OF RIGHTS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00707-01-5
       S. 136                              2
    1   STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
    2           THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
    3  YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
    4  ACT:
    5    THE RIGHT to return your empties for refund to any  dealer  who  sells
    6  the  same brand, type and size, whether you bought the beverage from the
    7  dealer or not, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS  LARGER  THAN
    8  TWO  THOUSAND SQUARE FEET. It is illegal to return containers for refund
    9  that you did not pay a deposit on in New York state.
   10    THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
   11  purchase.
   12    THE  RIGHT  to  return  your empties any day, any hour, except for the
   13  first and last hour of the dealer's business day (empty  containers  may
   14  be redeemed at any time in 24-hour stores).
   15    THE  RIGHT  to  return  your  containers if they are empty and intact.
   16  Washing containers is not required by law, but is  strongly  recommended
   17  to maintain sanitary conditions.
   18    The New York state returnable container act can be enforced by the New
   19  York  state department of environmental conservation, the New York state
   20  department of agriculture and markets, the New York state department  of
   21  taxation and finance, the New York state attorney general and/or by your
   22  local government."
   23    Such  sign must be no less than eight inches by ten inches in size and
   24  have lettering a minimum of one quarter inch high, and of a color  which
   25  contrasts with the background. The department shall maintain a toll free
   26  telephone number for a "bottle bill complaint line" that shall be avail-
   27  able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
   28  violations  of  this  title. The telephone number shall be listed on any
   29  sign required by this section.
   30    S 2. This act shall take effect immediately.