Bill Text: NY A06257 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A06257 Detail]

Download: New_York-2015-A06257-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6257
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 18, 2015
                                      ___________
       Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred 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.
                                                                  LBD00707-04-5
       A. 6257                             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    S 2. This act shall take effect immediately.