Bill Text: NY S03390 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S03390 Detail]

Download: New_York-2017-S03390-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3390
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 23, 2017
                                       ___________
        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 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
    23  container sold or offered for sale by such dealer and may not limit  the
    24  hours  or  days of redemption except as provided by subdivision three of
    25  this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00241-01-7
        S. 3390                             2
     1    2. A dealer shall post a conspicuous sign, at the point of sale,  that
     2  states:
     3                       "NEW YORK BOTTLE BILL OF RIGHTS
     4   STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
     5           THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
     6  YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
     7  ACT:
     8    THE RIGHT to return your empties for refund to any  dealer  who  sells
     9  the  same brand, type and size, whether you bought the beverage from the
    10  dealer or not, provided such dealer's place of business is  larger  than
    11  two  thousand  square  feet or such dealer's place of business is larger
    12  than five thousand square feet when licensed under article  twenty-C  of
    13  the  agriculture  and  markets law or that such place of business is not
    14  located in a city with a population of one million or more.  It is ille-
    15  gal to return containers for refund that you did not pay a deposit on in
    16  New York state.
    17    THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
    18  purchase.
    19    THE  RIGHT  to  return  your empties any day, any hour, except for the
    20  first and last hour of the dealer's business day (empty  containers  may
    21  be redeemed at any time in 24-hour stores).
    22    THE  RIGHT  to  return  your  containers if they are empty and intact.
    23  Washing containers is not required by law, but is  strongly  recommended
    24  to maintain sanitary conditions.
    25    The New York state returnable container act can be enforced by the New
    26  York  state department of environmental conservation, the New York state
    27  department of agriculture and markets, the New York state department  of
    28  taxation and finance, the New York state attorney general and/or by your
    29  local government."
    30    Such  sign must be no less than eight inches by ten inches in size and
    31  have lettering a minimum of one quarter inch high, and of a color  which
    32  contrasts with the background. The department shall maintain a toll free
    33  telephone number for a "bottle bill complaint line" that shall be avail-
    34  able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
    35  violations  of  this  title. The telephone number shall be listed on any
    36  sign required by this section.
    37    § 2. This act shall take effect immediately.