Bill Text: NY A00110 | 2009-2010 | General Assembly | Introduced

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Bill Title: Grants a director of a municipality the power to enforce the redemption of beverage containers at redemption centers; grants the same powers as environmental conservation officers pursuant to the litter and solid waste control provisions.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-01-05 - referred to environmental conservation [A00110 Detail]

Download: New_York-2009-A00110-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          110
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. DINOWITZ, ENGLEBRIGHT, KELLNER -- Multi-Sponsored
         by  --  M. of A.   BRENNAN, COLTON, ORTIZ -- read once and referred to
         the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         granting  the  director  of  a  municipality  the power to enforce the
         redemption of beverage containers at redemption centers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 27-1013 of the environmental conservation law, as
    2  amended by section 9 of part SS of chapter 59 of the laws  of  2009,  is
    3  amended to read as follows:
    4  S 27-1013. Redemption centers.
    5    The  commissioner  is  hereby  empowered to promulgate rules and regu-
    6  lations governing (1) the circumstances in which dealers  and  distribu-
    7  tors, individually or collectively, are required to accept the return of
    8  empty beverage containers, and make payment therefor; (2) the sorting of
    9  the  containers  which a deposit initiator or distributor may require of
   10  dealers and redemption centers; (3) the collection of returned  beverage
   11  containers by deposit initiators or distributors, including the party to
   12  whom  such  expense is to be charged, the frequency of such pick ups and
   13  the payment for refunds and handling fees  thereon;  (4)  the  right  of
   14  dealers  to  restrict  or  limit  the number of containers redeemed, the
   15  rules for redemption at the dealers' place of business, and the  redemp-
   16  tion  of containers from a beverage for which sales have been discontin-
   17  ued, and to issue permits to persons, firms or corporations which estab-
   18  lish redemption centers, subject to applicable provisions of  local  and
   19  state  laws,  at  which  redeemers and dealers may return empty beverage
   20  containers and receive payment of the  refund  value  of  such  beverage
   21  containers.  No  dealer or distributor, as defined in section 27-1003 of
   22  this title, shall be required to obtain a permit to operate a redemption
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04331-01-1
       A. 110                              2
    1  center at the same location as the dealer's or  distributor's  place  of
    2  business.  Operators of such redemption centers shall receive payment of
    3  the refund value of each beverage container from the appropriate deposit
    4  initiator  or  distributor  as  provided  under  section 27-1007 of this
    5  title.  THE DIRECTOR OF A MUNICIPALITY SHALL HAVE  THE  SAME  POWERS  AS
    6  ENVIRONMENTAL  CONSERVATION  OFFICERS  UNDER  THIS  TITLE TO ENFORCE THE
    7  PROVISIONS OF THIS SECTION AND ALL RULES AND REGULATIONS PROMULGATED  BY
    8  THE COMMISSIONER TO ENFORCE THIS SECTION.
    9    S  2.  This  act shall take effect on the ninetieth day after it shall
   10  have become a law;  provided,  however,  that  the  addition,  amendment
   11  and/or repeal of any rule or regulation necessary for the implementation
   12  of this act on its effective date are authorized and directed to be made
   13  and completed on or before such effective date.