Bill Text: NY S02877 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to the number of reverse vending machines required for mandatory acceptance of empty beverage containers.

Sponsorship: Partisan Bill (Republican 4)

Status: (Passed) 2011-08-17 - SIGNED CHAP.459 [S02877 Detail]

Download: New_York-2011-S02877-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2877--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2011
                                      ___________
       Introduced  by  Sens.  GRISANTI,  GALLIVAN, MAZIARZ, RANZENHOFER -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee  on  Environmental  Conservation  -- reported favorably from
         said committee and committed to the Committee  on  Commerce,  Economic
         Development  and Small Business -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the environmental conservation law, in relation  to  the
         number  of  reverse vending machines required for 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  (b) of subdivision 1 of section 27-1007 of the
    2  environmental conservation law, as added by section  4  of  part  SS  of
    3  chapter 59 of the laws of 2009, is amended to read as follows:
    4    (b)  Beginning  March first, two thousand ten, a dealer whose place of
    5  business is part of a chain engaged in the same general field  of  busi-
    6  ness  which operates ten or more units in this state under common owner-
    7  ship and whose business [exceeds] HAS AT  LEAST:    (i)  forty  thousand
    8  [square  feet]  but [is] less than sixty thousand square feet DEVOTED TO
    9  THE DISPLAY OF MERCHANDISE FOR SALE TO  THE  PUBLIC  shall  install  and
   10  maintain  at  least [three] TWO reverse vending machines at the dealer's
   11  place of business; (ii) sixty thousand [square feet] but [is] less  than
   12  eighty-five  thousand  square feet DEVOTED TO THE DISPLAY OF MERCHANDISE
   13  FOR SALE TO THE PUBLIC shall install and maintain at least [four]  THREE
   14  reverse  vending  machines  at  the dealer's place of business; or (iii)
   15  eighty-five thousand square feet DEVOTED TO THE DISPLAY  OF  MERCHANDISE
   16  FOR  SALE TO THE PUBLIC shall install and maintain at least [eight] FOUR
   17  reverse vending machines at the dealer's place of  business[;  provided,
   18  however,  that  the].  THE  requirements of [this] paragraph (B) OF THIS
   19  SUBDIVISION to install and maintain reverse vending machines  shall  not
   20  apply  to a dealer that: (I) sells only [refrigerated] beverage contain-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09051-04-1
       S. 2877--A                          2
    1  ers of twenty ounces or less where [each] SUCH  beverage  [container  is
    2  sold  as an individual container that is not connected to or] CONTAINERS
    3  ARE packaged [with any other beverage  container]  IN  QUANTITIES  FEWER
    4  THAN  SIX;  (II) SELLS BEVERAGE CONTAINERS AND DEVOTES NO MORE THAN FIVE
    5  PERCENT OF ITS FLOOR SPACE TO THE DISPLAY AND SALE OF  CONSUMER  COMMOD-
    6  ITIES,  AS  DEFINED IN SECTION TWO HUNDRED FOURTEEN-H OF THE AGRICULTURE
    7  AND MARKETS LAW; OR (III) OBTAINS A WAIVER FROM THE COMMISSIONER AUTHOR-
    8  IZING DEALERS TO PROVIDE CONSUMERS WITH AN ALTERNATIVE TECHNOLOGY  THAT:
    9  (A)  DETERMINES IF THE CONTAINER IS REDEEMABLE, (B) PROVIDES PROTECTIONS
   10  AGAINST FRAUD THROUGH A SYSTEM THAT VALIDATES EACH CONTAINER REDEEMED BY
   11  READING THE UNIVERSAL PRODUCT CODE AND, EXCEPT WITH RESPECT TO  REFILLA-
   12  BLE  CONTAINERS,  RENDERS  THE  CONTAINER  UNREDEEMABLE, (C) ACCUMULATES
   13  INFORMATION REGARDING CONTAINERS  REDEEMED, AND (D) ISSUES LEGAL TENDER,
   14  OR A SCRIP, RECEIPT, OR OTHER FORM OF CREDIT FOR THE REFUND VALUE,  THAT
   15  CAN  BE  EXCHANGED  FOR LEGAL TENDER FOR A PERIOD OF NOT LESS THAN SIXTY
   16  DAYS WITHOUT REQUIRING THE PURCHASE OF OTHER GOODS. NOTWITHSTANDING  THE
   17  FOREGOING,  IF  THE  ALTERNATIVE  TECHNOLOGY DOES NOT ALLOW CONSUMERS TO
   18  IMMEDIATELY OBTAIN THE REFUND VALUE OF THE REDEEMED CONTAINER, A  DEALER
   19  SHALL BE PERMITTED TO DEPLOY SUCH ALTERNATIVE TECHNOLOGY ONLY IF IT ALSO
   20  OFFERS  AN  ALTERNATIVE  THAT ALLOWS CONSUMERS TO CONVENIENTLY AND IMME-
   21  DIATELY OBTAIN SUCH REFUND VALUE THROUGH A REVERSE  VENDING  MACHINE  OR
   22  OTHER ALTERNATIVE METHOD.
   23    S 2. This act shall take effect immediately.