Bill Text: NY S05085 | 2019-2020 | General Assembly | Introduced

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Bill Title: Allows large volume dealers to collect bottle redemption deposits from distributors upon pick up in the same manner as such bottle redemptions are purchased.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05085 Detail]

Download: New_York-2019-S05085-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5085
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 8, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- 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  the
          redemption 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. Subdivision 7  of  section  27-1007  of  the  environmental
     2  conservation  law, as added by section 4 of part SS of chapter 59 of the
     3  laws of 2009, is amended to read as follows:
     4    7. A deposit initiator on a brand shall accept from a distributor  who
     5  does  not  initiate deposits on that brand any empty beverage containers
     6  of that brand accepted by the distributor from a dealer or operator of a
     7  redemption center and shall reimburse the distributor the  refund  value
     8  of  each  such  beverage container, as established by section 27-1005 of
     9  this title. A distributor may reimburse the refund value to each  dealer
    10  or  redemption  center  in the form of either cash on delivery or credit
    11  for immediate use for filled beverage containers. However, if a dealer's
    12  yearly purchases from a distributor are equal to  or  greater  than  one
    13  hundred thousand cases, then a distributor must make such reimbursements
    14  to  that  dealer  in  the  form of either cash on delivery or credit for
    15  immediate use for filled beverage containers. In addition,  the  deposit
    16  initiator  shall  reimburse  such  distributor  for  each  such beverage
    17  container the handling fee established under  subdivision  six  of  this
    18  section.  Without  limiting  the rights of the department or any person,
    19  firm or corporation under this subdivision or  any  other  provision  of
    20  this  section,  a  distributor  shall  have  a  civil right of action to
    21  enforce this subdivision, including, upon three days notice,  the  right
    22  to apply for temporary and preliminary injunctive relief against contin-
    23  uing  violations,  and  until  arrangements for collection and return of
    24  empty containers or reimbursement of such distributor for such  deposits
    25  and handling fees are made.
    26    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07004-01-9