Bill Text: NY S04736 | 2009-2010 | General Assembly | Amended
Bill Title: Relates to the effectiveness of the additional beverage containers to the environmental conservation law; repeals certain provisions of the environmental conservation law related thereto; requires the commissioner of environmental conservation to submit a report on fraud and improper redemption.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO FINANCE [S04736 Detail]
Download: New_York-2009-S04736-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4736--B Cal. No. 298 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sens. KRUGER, MONSERRATE, DIAZ, ESPADA, STACHOWSKI, VALE- SKY -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading AN ACT to amend chapter 59 of the laws of 2009, amending the environ- mental conservation law and the economic development law relating to including additional beverage containers, in relation to the effec- tiveness thereof; relating to including additional beverage contain- ers, in relation to requiring a study on fraud and improper redemp- tion; and to amend the environmental conservation law, in relation to returnable beverage containers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 16 of part SS of chapter 59 of the 2 laws of 2009, amending the environmental conservation law and the 3 economic development law relating to including additional beverage 4 containers, is amended to read as follows: 5 1. [sections] SECTION two [and] OF THIS ACT SHALL TAKE EFFECT OCTOBER 6 1, 2009; 7 1-A. SECTION three of this act shall take effect April 1, 2009; 8 S 2. Subdivision 12 of section 27-1012 of the environmental conserva- 9 tion law, as added by section 8 of part SS of chapter 59 of the laws of 10 2009, is amended to read as follows: 11 12. Beginning on [June] JANUARY first, two thousand [nine] TEN each 12 deposit initiator shall register the container label of any beverage 13 offered for sale in the state on which it initiates a deposit. Any such 14 registered container label shall bear a universal product code. [Such EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11414-05-9 S. 4736--B 2 1 universal product code shall be New York state specific, in order to 2 identify the beverage container as offered for sale exclusively in New 3 York state, and as a means of preventing illegal redemption of beverage 4 containers purchased out-of-state.] Registration must be on forms as 5 prescribed by the department and must include the universal product code 6 for each combination of beverage and container manufactured. The commis- 7 sioner may require that such forms be filed electronically. The deposit 8 initiator shall renew a label registration whenever that label is 9 revised by altering the universal product code or whenever the container 10 on which it appears is changed in size, composition or glass color. 11 S 3. Paragraph (a) of subdivision 3 of section 27-1007 of the environ- 12 mental conservation law, as added by section 4 of part SS of chapter 59 13 of the laws of 2009, is amended to read as follows: 14 (a) The dealer has a written agreement with a redemption center, be it 15 either at a fixed physical location within the same county and within 16 one-half mile of the dealer's place of business, or a mobile redemption 17 center, operated by a redemption center, that is located within one- 18 quarter mile of the dealer's place of business. The redemption center 19 must have a written agreement with the dealer to accept containers on 20 behalf of the dealer; and the redemption center's hours of operation 21 must cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of 22 a mobile redemption center, the hours of operation must cover at least 23 four consecutive hours between 8:00 a.m. and 8:00 p.m. daily. The deal- 24 er must post a conspicuous, permanent sign, meeting the size and color 25 specifications set forth in subdivision two of this section, open to 26 public view, identifying the location and hours of operation of the 27 affiliated redemption center or mobile redemption center; [and] OR 28 S 4. Subdivision 1 of section 27-1007 of the environmental conserva- 29 tion law, as added by section 4 of part SS of chapter 59 of the laws of 30 2009, is amended to read as follows: 31 1. (a) A dealer shall accept at his or her place of business from a 32 redeemer any empty beverage containers of the design, shape, size, 33 color, composition and brand sold or offered for sale by the dealer, and 34 shall pay to the redeemer the refund value of each such beverage 35 container as established in section 27-1005 of this title. Redemptions 36 of refund value must be in legal tender, or a scrip or receipt from a 37 reverse vending machine, provided that the scrip or receipt can be 38 exchanged for legal tender for a period of not less than [sixty] THIRTY 39 days without requiring the purchase of other goods. SUCH SCRIP OR 40 RECEIPT SHALL CLEARLY INDICATE THE EXPIRATION THEREOF. The use or pres- 41 ence of a reverse vending machine shall not relieve a dealer of any 42 obligations imposed pursuant to this section. If a dealer utilizes a 43 reverse vending machine to redeem containers, the dealer shall provide 44 redemption of beverage containers when the reverse vending machine is 45 full, broken, under repair or does not accept a type of beverage 46 container sold or offered for sale by such dealer and may not limit the 47 hours or days of redemption except as provided by subdivision three of 48 this section. 49 (b) Beginning March first, two thousand ten, a dealer whose place of 50 business is part of a chain engaged in the same general field of busi- 51 ness which operates ten or more units in this state under common owner- 52 ship and whose business exceeds: (i) forty thousand square feet but is 53 less than sixty thousand square feet shall install and maintain at least 54 three reverse vending machines at the dealer's place of business; (ii) 55 sixty thousand square feet but is less than eighty-five thousand square 56 feet shall install and maintain at least four reverse vending machines S. 4736--B 3 1 at the dealer's place of business; or (iii) eighty-five thousand square 2 feet shall install and maintain at least eight reverse vending machines 3 at the dealer's place of business; provided, however, that the require- 4 ments of this paragraph to install and maintain reverse vending machines 5 shall not apply to a dealer that sells only refrigerated beverage 6 containers of twenty ounces or less where each beverage container is 7 sold as an individual container that is not connected to or packaged 8 with any other beverage container. THIS PARAGRAPH SHALL NOT APPLY TO 9 RETAIL ESTABLISHMENTS IN WHICH THE SALES OF CONSUMER COMMODITIES, AS 10 DEFINED IN SECTION TWO HUNDRED FOURTEEN-H OF THE AGRICULTURE AND MARKETS 11 LAW, DO NOT EXCEED TEN PERCENT OF ANNUAL GROSS SALES. 12 (c) A dealer to which paragraph (b) of this subdivision does not apply 13 and whose place of business is at least forty thousand square feet which 14 does not utilize reverse vending machines to process empty beverage 15 containers for redemption shall: (i) establish and maintain a dedicated 16 area within such business to accept beverage containers for redemption; 17 (ii) adequately staff such area to facilitate efficient acceptance and 18 processing of such containers during business hours; and (iii) post one 19 or more conspicuous signs conforming to the size and color requirements 20 described in subdivision two of this section at each public entrance to 21 the business which describes where in the business the redemption area 22 is located. 23 (D) The commissioner [may] SHALL establish in rules and regulations 24 additional standards for the efficient processing of beverage containers 25 by such dealers. SUCH RULES AND REGULATIONS SHALL INCLUDE A PROVISION 26 FOR A WAIVER FROM THE REQUIREMENTS OF THIS SECTION IF A DEALER CAN 27 REASONABLY DEMONSTRATE THAT THEY PLAN TO IMPLANT AN ALTERNATIVE MECH- 28 ANISM FOR CONVENIENTLY AND EFFICIENTLY ACCEPTING BEVERAGE CONTAINERS FOR 29 REDEMPTION. SUCH REGULATIONS MAY ALSO PROVIDE THAT A DEALER UNDER 30 SUBPARAGRAPH (III) OF PARAGRAPH (B) OF THIS SUBDIVISION MAY MAINTAIN 31 LESS THAN EIGHT BUT GREATER THAN FIVE REVERSE VENDING MACHINES IF SUCH 32 DEALER CAN DEMONSTRATE THAT EIGHT REVERSE VENDING MACHINES ARE NOT 33 NECESSARY FOR THE CONVENIENT AND EFFICIENT REDEMPTION OF BEVERAGE 34 CONTAINERS. 35 [(d)] (E) For the purposes of this subdivision on any day that a deal- 36 er is open for less than twenty-four hours, the dealer may restrict or 37 refuse the payment of refund values during the first and last hour the 38 dealer is open for business. 39 S 5. Subdivision 1 of section 27-1012 of the environmental conserva- 40 tion law, as added by section 8 of part SS of chapter 59 of the laws of 41 2009, is amended to read as follows: 42 1. Each deposit initiator shall deposit in a refund value account an 43 amount equal to the refund value initiated under section 27-1005 of this 44 title which is received with respect to each beverage container sold by 45 such deposit initiator. Such deposit initiator shall hold the amounts in 46 the refund value account in trust for the state. A refund value account 47 shall be an interest-bearing account established in a banking institu- 48 tion located in this state, the deposits in which are insured by an 49 agency of the federal government. Deposits of such amounts into the 50 refund value account shall be made not less frequently than every [five] 51 TEN business days. All interest, dividends and returns earned on the 52 refund value account shall be paid directly into said account. The 53 monies in such accounts shall be kept separate and apart from all other 54 monies in the possession of the deposit initiator. The commissioner of 55 taxation and finance may specify a system of accounts and records to be 56 maintained with respect to accounts established under this subdivision. S. 4736--B 4 1 S 6. Part SS of chapter 59 of the laws of 2009 amending the environ- 2 mental conservation law and the economic development law relating to 3 including additional beverage containers, is amended by adding a new 4 section 15-a to read as follows: 5 S 15-A. ON OR BEFORE SEPTEMBER 30, 2010, THE COMMISSIONER OF ENVIRON- 6 MENTAL CONSERVATION, IN CONJUNCTION WITH THE COMMISSIONER OF TAXATION 7 AND FINANCE, SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI- 8 DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF THE 9 SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEES, REGARDING ANY 10 ISSUES OF FRAUD OR REDEMPTION OF NON-NEW YORK STATE BEVERAGE CONTAINERS. 11 SUCH REPORT SHALL INCLUDE ANY DATA RELATING TO THE OCCURRENCE AND 12 FREQUENCY OF SUCH FRAUD OR IMPROPER REDEMPTION. WHEN PREPARING THE 13 REPORT, THE COMMISSIONERS MAY CONSULT WITH BOTTLERS, DEPOSIT INITIATORS, 14 AND/OR DISTRIBUTORS TO DETERMINE IF, AND TO WHAT EXTENT, FRAUD OR 15 IMPROPER REDEMPTION HAS OCCURRED. IN ADDITION TO THE COLLECTION AND 16 REPORTING OF THE DATA, THE REPORT SHALL CONTAIN ANY SUGGESTED LEGISLA- 17 TIVE RECOMMENDATIONS THAT CAN BE IMPLEMENTED TO THWART SUCH FRAUD OR 18 IMPROPER REDEMPTION IN THE FUTURE. 19 S 7. This act shall take effect immediately; provided, however that 20 the amendments to chapter 59 of the laws of 2009 made by section one of 21 this act shall be deemed to have been in full force and effect on and 22 after April 1, 2009; provided that the amendments to section 27-1007 of 23 the environmental conservation law made by sections three and four of 24 this act shall take effect on the same date and in the same manner as 25 part SS of chapter 59 of the laws of 2009, takes effect.