Bill Text: NY S03502 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to mandatory acceptance of empty beverage containers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03502 Detail]
Download: New_York-2013-S03502-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3502 2013-2014 Regular Sessions I N S E N A T E February 5, 2013 ___________ 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. LBD08619-01-3 S. 3502 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.