New York 2008 bill text
A8044-A
Bill title
The following text was found at http://assembly.state.ny.us/leg/?bn=A08044&sh=t
The corresponding Senate bill can be found at http://assembly.state.ny.us/leg/?bn=S05850
S T A T E O F N E W Y O R K
________________________________________________________________________
8044--A
2007-2008 Regular Sessions
I N A S S E M B L Y
May 2, 2007
___________
Introduced by M. of A. SWEENEY, WEISENBERG, COLTON, ENGLEBRIGHT, DINOW-
ITZ, CARROZZA, R. DIAZ, O`DONNELL, GOTTFRIED, HOOPER, TITUS, LENTOL,
GIANARIS, WEPRIN, CAHILL, LATIMER, PEOPLES, PERRY, CYMBROWITZ, LAFAY-
ETTE, SCHIMEL, MILLMAN, PAULIN, BRADLEY, BENEDETTO, BING, SEMINERIO,
BROOK-KRASNY, MAISEL, JAFFEE, LAVINE, STIRPE, BRENNAN, YOUNG, GALEF,
MAGNARELLI, ROSENTHAL, ROBINSON, KAVANAGH, ORTIZ -- Multi-Sponsored by
-- M. of A. ARROYO, BOYLAND, CHRISTENSEN, CLARK, L. DIAZ, FARRELL,
GLICK, HEVESI, JACOBS, JEFFRIES, LIFTON, LUPARDO, MARKEY, MAYERSOHN,
McENENY, PHEFFER, THIELE, WEINSTEIN -- (at request of the Governor) --
read once and referred to the Committee on Environmental Conservation
-- recommitted to the Committee on Environmental Conservation in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, the economic devel-
opment law and the state finance law, in relation to returnable bever-
age containers; and to repeal sections 27-1005, 27-1007 and subdivi-
sion 2 of section 27-1011 of the environmental conservation law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 27-1001 of the environmental conservation law, as
2 added by chapter 200 of the laws of 1982, is amended to read as follows:
3 S 27-1001. Legislative findings.
4 The legislature hereby finds that litter composed of discarded {soft-
5 drink, beer and ale bottles and cans} BEVERAGE CONTAINERS is a growing
6 problem of state concern and a direct threat to the health and safety of
7 the citizens of this state. Discarded beverage {bottles and cans}
8 CONTAINERS create a hazard to vehicular traffic, a source of physical
9 injury to pedestrians{,} AND farm animals {and}, A HAZARD TO FARM AND
10 OTHER machinery and an unsightly accumulation of litter which must be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD12026-07-8
A. 8044--A 2
1 disposed of at increasing public expense. Beverage {bottles and cans}
2 CONTAINERS also create an unnecessary addition to the state`s and muni-
3 cipalities` already overburdened solid waste and refuse disposal
4 systems. Unsegregated disposal of such {bottles and cans} CONTAINERS
5 creates an impediment to the efficient operation of resource recovery
6 plants. Further, the legislature finds that the uninhibited discard of
7 beverage containers constitutes a waste of both mineral and energy
8 resources. The legislature hereby finds that requiring a deposit on all
9 beverage containers, along with certain other facilitating measures,
10 will provide a necessary incentive for the economically efficient and
11 environmentally benign collection and recycling of such containers.
12 S 2. Subdivisions 1 and 2 of section 27-1003 of the environmental
13 conservation law, subdivision 1 as amended by chapter 778 of the laws of
14 1988 and subdivision 2 as amended by chapter 546 of the laws of 1986,
15 are amended to read as follows:
16 1. "Beverage" means {carbonated soft drinks, mineral water, soda
17 water, beer, other malt beverages and a wine product as defined in
18 subdivision thirty-six-a of section three of the alcoholic beverage
19 control law. "Malt beverages" means any beverage obtained by the alco-
20 holic fermentation or infusion or decoction of barley, malt, hops, or
21 other wholesome grain or cereal and water including, but not limited to
22 ale, stout or malt liquor.} ALL CARBONATED AND NON-CARBONATED DRINKS IN
23 LIQUID FORM AND INTENDED FOR INTERNAL HUMAN CONSUMPTION. THE TERM
24 "BEVERAGE" SHALL NOT INCLUDE:
25 A. MILK AND DAIRY DERIVED PRODUCTS. "MILK" MEANS WHOLE MILK, SKIM
26 MILK, LOW-FAT MILK, CREAM, CULTURED MILK, YOGURT OR ANY COMBINATION OF
27 THOSE PRODUCTS. THE TERM "DAIRY DERIVED PRODUCTS" INCLUDES ANY PRODUCT
28 OF WHICH MORE THAN FIFTY PERCENT OF THE INGREDIENTS ARE MILK, MILK FAT,
29 CULTURED MILK OR YOGURT;
30 B. RICE MILK OR SOY MILK;
31 C. INFANT FORMULA;
32 D. ALCOHOLIC BEVERAGES OTHER THAN BEER, OTHER MALT BEVERAGES AND WINE
33 PRODUCTS AS DEFINED IN SUBDIVISION THIRTY-SIX-A OF SECTION THREE OF THE
34 ALCOHOLIC BEVERAGE CONTROL LAW. "MALT BEVERAGES" MEANS ANY BEVERAGE
35 OBTAINED BY THE ALCOHOLIC FERMENTATION OR INFUSION OR DECOCTION OF
36 BARLEY, MALT, HOPS, OR OTHER WHOLESOME GRAIN OR CEREAL AND WATER INCLUD-
37 ING, BUT NOT LIMITED TO ALE, STOUT OR MALT LIQUOR;
38 E. A LIQUID THAT IS A SYRUP, IN A CONCENTRATED FORM, OR TYPICALLY
39 ADDED AT LESS THAN FIVE PERCENT AS A MINOR FLAVORING INGREDIENT IN FOOD
40 OR DRINK, SUCH AS EXTRACTS, COOKING ADDITIVES, SAUCES OR CONDIMENTS;
41 F. A LIQUID THAT IS A MEDICAL PRESCRIPTION OR OVER-THE-COUNTER DRUG
42 REGULATED BY THE FOOD AND DRUG ADMINISTRATION AND CONSUMED FOR MEDICINAL
43 PURPOSES ONLY;
44 G. A LIQUID THAT IS (I) A DIETARY SUPPLEMENT AS DEFINED BY THE FOOD
45 AND DRUG ADMINISTRATION EXCEPT ONE THAT IS DESIGNED, MARKETED AND/OR
46 INTENDED TO BE CONSUMED AS A BEVERAGE SUCH AS A SPORTS OR HYDRATION
47 DRINK, OR (II) DESIGNED, MARKETED AND/OR INTENDED TO BE CONSUMED AS A
48 MEAL OR MEAL SUBSTITUTE AS PART OF A WEIGHT LOSS PROGRAM, SUCH AS A DIET
49 SHAKE;
50 H. PRODUCTS FROZEN AT THE TIME OF SALE;
51 I. PRODUCTS DESIGNED TO BE CONSUMED IN A FROZEN STATE;
52 J. INSTANT DRINK POWDERS; AND
53 K. SEAFOOD, MEAT OR VEGETABLE BROTHS, OR SOUPS.
54 2. "Beverage container" means the individual, separate, sealed glass,
55 metal, aluminum, steel or plastic bottle, can or jar used for containing
56 LESS THAN one gallon or {3.8} 3.78 liters {or less} at the time of sale
A. 8044--A 3
1 OR OFFER FOR SALE of a beverage intended for use or consumption in this
2 state. Beverage containers sold or OFFERED FOR SALE OR distributed
3 aboard aircraft or ships shall be considered as intended for use or
4 consumption outside this state.
5 S 3. Subdivisions 6 and 9 of section 27-1003 of the environmental
6 conservation law, as added by chapter 200 of the laws of 1982, are
7 amended and four new subdivisions 2-a, 5-a, 12 and 13 are added to read
8 as follows:
9 2-A. "BOTTLER" MEANS A PERSON WHO:
10 A. BOTTLES, CANS OR OTHERWISE PACKAGES BEVERAGES IN BEVERAGE CONTAIN-
11 ERS EXCEPT THAT IF SUCH PACKAGING IS FOR A DISTRIBUTOR HAVING THE RIGHT
12 TO BOTTLE, CAN OR OTHERWISE PACKAGE THE SAME BRAND OF BEVERAGE, THEN
13 SUCH DISTRIBUTOR SHALL BE THE BOTTLER; OR
14 B. IMPORTS FILLED BEVERAGE CONTAINERS INTO THE UNITED STATES.
15 5-A. A "DEPOSIT INITIATOR" FOR EACH BEVERAGE CONTAINER FOR WHICH A
16 REFUND VALUE IS ESTABLISHED UNDER SECTION 27-1005 OF THIS TITLE MEANS:
17 A. THE BOTTLER OF THE BEVERAGE IN SUCH CONTAINER;
18 B. THE DISTRIBUTOR OF SUCH CONTAINER IF SUCH DISTRIBUTOR`S PURCHASE OF
19 SUCH CONTAINER WAS NOT, DIRECTLY OR INDIRECTLY, FROM A REGISTERED DEPOS-
20 IT INITIATOR;
21 C. A DEALER OF SUCH CONTAINER WHO SELLS OR OFFERS FOR SALE SUCH
22 CONTAINER IN THIS STATE, WHOSE PURCHASE OF SUCH CONTAINER WAS NOT,
23 DIRECTLY OR INDIRECTLY, FROM A REGISTERED DEPOSIT INITIATOR; OR
24 D. AN AGENT ACTING ON BEHALF OF A REGISTERED DEPOSIT INITIATOR.
25 6. "Distributor" means any person, firm or corporation which
26 {bottles, cans or otherwise fills or packages beverage containers, or
27 which} engages in the sale OR OFFER FOR SALE of {such} BEVERAGES IN
28 BEVERAGE containers to a dealer.
29 9. "Redemption center" means any {establishment offering to pay the
30 refund value of a beverage container} PERSON OFFERING TO PAY THE REFUND
31 VALUE OF AN EMPTY BEVERAGE CONTAINER TO A REDEEMER, OR ANY PERSON WHO
32 CONTRACTS WITH ONE OR MORE DEALERS OR DISTRIBUTORS TO COLLECT, SORT AND
33 OBTAIN THE REFUND VALUE AND HANDLING FEE OF EMPTY BEVERAGE CONTAINERS
34 FOR, OR ON BEHALF OF, SUCH DEALER OR DISTRIBUTOR under the provisions of
35 section 27-1013 of this title.
36 12. "REVERSE VENDING MACHINE" MEANS AN AUTOMATED DEVICE THAT USES A
37 LASER SCANNER, MICROPROCESSOR, OR OTHER TECHNOLOGY TO ACCURATELY RECOG-
38 NIZE THE UNIVERSAL PRODUCT CODE (UPC) ON CONTAINERS TO DETERMINE IF THE
39 CONTAINER IS REDEEMABLE AND ACCUMULATES INFORMATION REGARDING CONTAINERS
40 REDEEMED, INCLUDING THE NUMBER OF SUCH CONTAINERS REDEEMED, THEREBY
41 ENABLING THE REVERSE VENDING MACHINE TO ACCEPT CONTAINERS FROM REDEEMERS
42 AND TO ISSUE A SCRIP OR RECEIPT FOR THEIR REFUND VALUE.
43 13. "UNIVERSAL PRODUCT CODE OR UPC CODE" MEANS A STANDARD FOR ENCODING
44 A SET OF LINES AND SPACES THAT CAN BE SCANNED AND INTERPRETED INTO
45 NUMBERS TO IDENTIFY A PRODUCT. UNIVERSAL PRODUCT CODE MAY ALSO MEAN ANY
46 ACCEPTED INDUSTRY BARCODE WHICH REPLACES THE UPC CODE INCLUDING BUT NOT
47 LIMITED TO UNIVERSAL PRODUCT CODE (UPC), EAN AND OTHER CODES THAT MAY BE
48 USED TO IDENTIFY A PRODUCT.
49 S 4. Sections 27-1005 and 27-1007 of the environmental conservation
50 law are REPEALED and two new sections 27-1005 and 27-1007 are added to
51 read as follows:
52 S 27-1005. REFUND VALUE.
53 NO PERSON SHALL SELL OR OFFER FOR SALE A BEVERAGE CONTAINER IN THIS
54 STATE UNLESS THE DEPOSIT ON SUCH BEVERAGE CONTAINER IS OR HAS BEEN
55 COLLECTED BY A REGISTERED DEPOSIT INITIATOR AND UNLESS SUCH CONTAINER
A. 8044--A 4
1 HAS A REFUND VALUE OF NOT LESS THAN FIVE CENTS WHICH IS CLEARLY INDI-
2 CATED THEREON AS PROVIDED IN SECTION 27-1011 OF THIS TITLE.
3 S 27-1007. MANDATORY ACCEPTANCE.
4 EXCEPT AS PROVIDED IN SECTION 27-1009 OF THIS TITLE:
5 1. A DEALER SHALL ACCEPT AT HIS OR HER PLACE OF BUSINESS FROM A
6 REDEEMER ANY EMPTY BEVERAGE CONTAINERS OF THE DESIGN, SHAPE, SIZE,
7 COLOR, COMPOSITION AND BRAND SOLD OR OFFERED FOR SALE BY THE DEALER, AND
8 SHALL PAY TO THE REDEEMER THE REFUND VALUE OF EACH SUCH BEVERAGE
9 CONTAINER AS ESTABLISHED IN SECTION 27-1005 OF THIS TITLE. REDEMPTIONS
10 OF REFUND VALUE MUST BE IN LEGAL TENDER, OR A SCRIP OR RECEIPT FROM A
11 REVERSE VENDING MACHINE, PROVIDED THAT THE SCRIP OR RECEIPT CAN BE
12 EXCHANGED FOR LEGAL TENDER FOR A PERIOD OF NOT LESS THAN SIXTY DAYS
13 WITHOUT REQUIRING THE PURCHASE OF OTHER GOODS. THE USE OR PRESENCE OF A
14 REVERSE VENDING MACHINE SHALL NOT RELIEVE A DEALER OF ANY OBLIGATIONS
15 IMPOSED PURSUANT TO THIS SECTION. IF A DEALER UTILIZES A REVERSE VEND-
16 ING MACHINE TO REDEEM CONTAINERS, THE DEALER SHALL PROVIDE REDEMPTION OF
17 BEVERAGE CONTAINERS WHEN THE REVERSE VENDING MACHINE IS FULL, BROKEN,
18 UNDER REPAIR OR DOES NOT ACCEPT A TYPE OF BEVERAGE CONTAINER SOLD OR
19 OFFERED FOR SALE BY SUCH DEALER AND MAY NOT LIMIT THE HOURS OR DAYS OF
20 REDEMPTION EXCEPT AS PROVIDED BY SUBDIVISION THREE OF THIS SECTION. A
21 DEALER WHOSE PLACE OF BUSINESS IS AT LEAST FIFTY THOUSAND SQUARE FEET
22 WHICH DOES NOT UTILIZE REVERSE VENDING MACHINES TO PROCESS EMPTY BEVER-
23 AGE CONTAINERS FOR REDEMPTION SHALL: (A) ESTABLISH AND MAINTAIN A DEDI-
24 CATED AREA WITHIN SUCH BUSINESS TO ACCEPT BEVERAGE CONTAINERS FOR
25 REDEMPTION; (B) ADEQUATELY STAFF SUCH AREA TO FACILITATE EFFICIENT
26 ACCEPTANCE AND PROCESSING OF SUCH CONTAINERS DURING BUSINESS HOURS; AND
27 (C) POST ONE OR MORE CONSPICUOUS SIGNS CONFORMING TO THE SIZE AND COLOR
28 REQUIREMENTS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION AT EACH PUBLIC
29 ENTRANCE TO THE BUSINESS WHICH DESCRIBES WHERE IN THE BUSINESS THE
30 REDEMPTION AREA IS LOCATED. THE COMMISSIONER MAY ESTABLISH IN RULES AND
31 REGULATIONS ADDITIONAL STANDARDS FOR THE EFFICIENT PROCESSING OF BEVER-
32 AGE CONTAINERS BY SUCH DEALERS. ON ANY DAY THAT A DEALER IS OPEN FOR
33 LESS THAN TWENTY-FOUR HOURS, THE DEALER MAY RESTRICT OR REFUSE THE
34 PAYMENT OF REFUND VALUES DURING THE FIRST AND LAST HOUR THE DEALER IS
35 OPEN FOR BUSINESS.
36 2. A DEALER SHALL POST A CONSPICUOUS SIGN, AT THE POINT OF SALE THAT
37 STATES:
38 "NEW YORK BOTTLE BILL OF RIGHTS
39 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE
40 CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
41 YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
42 ACT:
43 THE RIGHT TO RETURN YOUR EMPTIES FOR REFUND TO ANY DEALER WHO SELLS
44 THE SAME BRAND, TYPE AND SIZE, WHETHER YOU BOUGHT THE BEVERAGE FROM THE
45 DEALER OR NOT. IT IS ILLEGAL TO RETURN CONTAINERS FOR REFUND THAT WERE
46 PURCHASED OUTSIDE OF NEW YORK STATE.
47 THE RIGHT TO GET YOUR DEPOSIT REFUND IN CASH, WITHOUT PROOF OF
48 PURCHASE.
49 THE RIGHT TO RETURN YOUR EMPTIES ANY DAY, ANY HOUR, EXCEPT THE FIRST
50 AND LAST HOURS OF THE DEALER`S BUSINESS DAY (EMPTY CONTAINERS MAY BE
51 REDEEMED AT ANY TIME IN 24-HOUR STORES).
52 THE RIGHT TO RETURN YOUR CONTAINERS IF THEY ARE EMPTY AND INTACT.
53 WASHING CONTAINERS IS NOT REQUIRED BY LAW, BUT IS STRONGLY RECOMMENDED
54 TO MAINTAIN SANITARY CONDITIONS.
A. 8044--A 5
1 THE NEW YORK STATE RETURNABLE CONTAINER ACT CAN BE ENFORCED BY THE NEW
2 YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC), THE NEW
3 YORK STATE DEPARTMENT OF TAXATION AND FINANCE, THE NEW YORK STATE ATTOR-
4 NEY GENERAL AND/OR BY YOUR LOCAL GOVERNMENT."
5 SUCH SIGN MUST BE NO LESS THAN EIGHT INCHES BY TEN INCHES IN SIZE AND
6 HAVE LETTERING A MINIMUM OF ONE QUARTER INCH HIGH, AND OF A COLOR WHICH
7 CONTRASTS WITH THE BACKGROUND. THE DEPARTMENT SHALL MAINTAIN A TOLL
8 FREE TELEPHONE NUMBER FOR A "BOTTLE BILL COMPLAINT LINE" THAT SHALL BE
9 AVAILABLE FROM 9:00 A.M. TO 5:00 P.M. EACH BUSINESS DAY TO RECEIVE
10 REPORTS OF VIOLATIONS OF THIS TITLE. THE TELEPHONE NUMBER SHALL BE LIST-
11 ED ON ANY SIGN REQUIRED BY THIS SECTION.
12 3. ON OR AFTER JANUARY FIRST, TWO THOUSAND NINE, IN A CITY WITH A
13 POPULATION GREATER THAN ONE MILLION, A DEALER MAY LIMIT THE NUMBER OF
14 EMPTY BEVERAGE CONTAINERS TO BE ACCEPTED FOR REDEMPTION AT THE DEALER`S
15 PLACE OF BUSINESS TO NO LESS THAN SEVENTY-TWO CONTAINERS PER VISIT, PER
16 REDEEMER, PER DAY, PROVIDED THAT:
17 A. THE DEALER HAS A WRITTEN AGREEMENT WITH A REDEMPTION CENTER, BE IT
18 EITHER AT A FIXED PHYSICAL LOCATION WITHIN THE SAME COUNTY AND WITHIN
19 ONE-HALF MILE OF THE DEALER`S PLACE OF BUSINESS, OR A MOBILE REDEMPTION
20 CENTER, OPERATED BY A REDEMPTION CENTER, THAT IS LOCATED WITHIN
21 ONE-QUARTER MILE OF THE DEALER`S PLACE OF BUSINESS. THE REDEMPTION
22 CENTER MUST HAVE A WRITTEN AGREEMENT WITH THE DEALER TO ACCEPT CONTAIN-
23 ERS ON BEHALF OF THE DEALER; AND THE REDEMPTION CENTER`S HOURS OF OPERA-
24 TION MUST COVER AT LEAST 9:00 A.M. THROUGH 7:00 P.M. DAILY OR IN THE
25 CASE OF A MOBILE REDEMPTION CENTER, THE HOURS OF OPERATION MUST COVER AT
26 LEAST FOUR CONSECUTIVE HOURS BETWEEN 8:00 A.M. AND 8:00 P.M. DAILY. THE
27 DEALER MUST POST A CONSPICUOUS, PERMANENT SIGN, MEETING THE SIZE AND
28 COLOR SPECIFICATIONS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OPEN
29 TO PUBLIC VIEW, IDENTIFYING THE LOCATION AND HOURS OF OPERATION OF THE
30 AFFILIATED REDEMPTION CENTER OR MOBILE REDEMPTION CENTER; OR
31 B. THE DEALER PROVIDES, AT A MINIMUM, A CONSECUTIVE TWO HOUR PERIOD
32 BETWEEN 7:00 A.M. AND 7:00 P.M. DAILY WHEREBY THE DEALER WILL ACCEPT UP
33 TO TWO HUNDRED FORTY CONTAINERS, PER REDEEMER, PER DAY, AND POSTS A
34 CONSPICUOUS, PERMANENT SIGN, MEETING THE SIZE AND COLOR SPECIFICATIONS
35 SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OPEN TO THE PUBLIC VIEW,
36 IDENTIFYING THOSE HOURS. THE DEALER MAY NOT CHANGE THE HOURS OF REDEMP-
37 TION WITHOUT FIRST POSTING A THIRTY DAY NOTICE; OR
38 C. THE DEALER`S PRIMARY BUSINESS IS THE SALE OF FOOD OR BEVERAGES FOR
39 CONSUMPTION OFF-PREMISES, AND THE DEALER`S PLACE OF BUSINESS IS LESS
40 THAN TEN THOUSAND SQUARE FEET IN SIZE.
41 4. A DEPOSIT INITIATOR SHALL ACCEPT FROM A DEALER OR OPERATOR OF A
42 REDEMPTION CENTER ANY EMPTY BEVERAGE CONTAINERS OF THE DESIGN, SHAPE,
43 SIZE, COLOR, COMPOSITION AND BRAND SOLD OR OFFERED FOR SALE BY THE
44 DEPOSIT INITIATOR, AND SHALL PAY THE DEALER OR OPERATOR OF A REDEMPTION
45 CENTER THE REFUND VALUE OF EACH SUCH BEVERAGE CONTAINER AS ESTABLISHED
46 BY SECTION 27-1005 OF THIS TITLE. A DEPOSIT INITIATOR SHALL ACCEPT AND
47 REDEEM ALL SUCH EMPTY BEVERAGE CONTAINERS FROM A DEALER OR REDEMPTION
48 CENTER WITHOUT LIMITATION ON QUANTITY.
49 5. A DEPOSIT INITIATOR`S OR DISTRIBUTOR`S FAILURE TO PICK UP EMPTY
50 BEVERAGE CONTAINERS, INCLUDING CONTAINERS PROCESSED IN A REVERSE VENDING
51 MACHINE, FROM A REDEMPTION CENTER, DEALER OR THE OPERATOR OF A REVERSE
52 VENDING MACHINE, SHALL BE A VIOLATION OF THIS TITLE.
53 6. IN ADDITION TO THE REFUND VALUE OF A BEVERAGE CONTAINER AS ESTAB-
54 LISHED BY SECTION 27-1005 OF THIS TITLE, A DEPOSIT INITIATOR SHALL PAY
55 TO ANY DEALER, OR OPERATOR OF A REDEMPTION CENTER, OR DISTRIBUTOR A
56 HANDLING FEE OF THREE AND ONE-HALF CENTS FOR EACH BEVERAGE CONTAINER
A. 8044--A 6
1 ACCEPTED BY THE DEPOSIT INITIATOR FROM SUCH DEALER, OPERATOR OF A
2 REDEMPTION CENTER OR DISTRIBUTOR. PAYMENT OF THE HANDLING FEE SHALL BE
3 AS COMPENSATION FOR COLLECTING, SORTING AND PACKAGING OF EMPTY BEVERAGE
4 CONTAINERS FOR TRANSPORT BACK TO THE DEPOSIT INITIATOR OR ITS DESIGNEE.
5 PAYMENT OF THE HANDLING FEE MAY NOT BE CONDITIONED ON THE PURCHASE OF
6 ANY GOODS OR SERVICES, NOR MAY SUCH PAYMENT BE MADE OUT OF THE REFUND
7 VALUE ACCOUNT ESTABLISHED PURSUANT TO SECTION 27-1012 OF THIS TITLE. A
8 DISTRIBUTOR WHO DOES NOT INITIATE DEPOSITS ON A TYPE OF BEVERAGE
9 CONTAINER IS CONSIDERED A DEALER ONLY FOR THE PURPOSE OF RECEIVING A
10 HANDLING FEE FROM A DEPOSIT INITIATOR.
11 7. A DEPOSIT INITIATOR ON A BRAND SHALL ACCEPT FROM A DISTRIBUTOR WHO
12 DOES NOT INITIATE DEPOSITS ON THAT BRAND ANY EMPTY BEVERAGE CONTAINERS
13 OF THAT BRAND AND SHALL PAY THE DISTRIBUTOR THE REFUND VALUE OF EACH
14 SUCH BEVERAGE CONTAINER, AS ESTABLISHED BY SECTION 27-1005 OF THIS
15 TITLE. IN ADDITION, THE DEPOSIT INITIATOR SHALL PAY TO SUCH DISTRIBUTOR
16 FOR EACH SUCH BEVERAGE CONTAINER THE HANDLING FEE ESTABLISHED UNDER
17 SUBDIVISION SIX OF THIS SECTION. WITHOUT LIMITING THE RIGHTS OF THE
18 DEPARTMENT OR ANY PERSON, FIRM OR CORPORATION UNDER THIS SUBDIVISION OR
19 ANY OTHER PROVISION OF THIS SECTION, A DISTRIBUTOR, A DEALER OR AN OPER-
20 ATOR OF A REDEMPTION CENTER SHALL HAVE A CIVIL RIGHT OF ACTION TO
21 ENFORCE THIS SUBDIVISION, INCLUDING UPON THREE DAYS NOTICE, THE RIGHT TO
22 APPLY FOR TEMPORARY AND PRELIMINARY INJUNCTIVE RELIEF AGAINST CONTINUING
23 VIOLATIONS AND UNTIL ARRANGEMENTS FOR COLLECTION AND RETURN OF EMPTY
24 CONTAINERS OR REIMBURSEMENT OF THE REDEEMING DISTRIBUTOR FOR SUCH DEPOS-
25 ITS AND HANDLING FEES ARE MADE.
26 8. IT SHALL BE THE RESPONSIBILITY OF THE DEPOSIT INITIATOR OR
27 DISTRIBUTOR TO PROVIDE TO A DEALER OR REDEMPTION CENTER A SUFFICIENT
28 NUMBER OF BAGS, CARTONS, OR OTHER SUITABLE CONTAINERS, AT NO COST, FOR
29 THE PACKAGING, HANDLING AND PICKUP OF EMPTY BEVERAGE CONTAINERS THAT ARE
30 NOT REDEEMED THROUGH A REVERSE VENDING MACHINE. THE BAGS, CARTONS, OR
31 CONTAINERS MUST BE PROVIDED BY THE DEPOSIT INITIATOR OR DISTRIBUTOR ON A
32 SCHEDULE THAT ALLOWS THE DEALER OR REDEMPTION CENTER SUFFICIENT TIME TO
33 SORT THE EMPTY BEVERAGE CONTAINERS PRIOR TO PICK UP BY THE DEPOSIT
34 INITIATOR OR DISTRIBUTOR. IN ADDITION:
35 A. WHEN PICKING UP EMPTY BEVERAGE CONTAINERS, A DEPOSIT INITIATOR OR
36 DISTRIBUTOR SHALL NOT REQUIRE A DEALER OR REDEMPTION CENTER TO LOAD
37 THEIR OWN BAGS, CARTONS OR CONTAINERS ONTO OR INTO THE DEPOSIT INITI-
38 ATOR`S OR DISTRIBUTOR`S VEHICLE OR VEHICLES OR PROVIDE THE STAFF OR
39 EQUIPMENT NEEDED TO DO SO.
40 B. A DEPOSIT INITIATOR OR DISTRIBUTOR SHALL NOT REQUIRE EMPTY CONTAIN-
41 ERS TO BE COUNTED AT A LOCATION OTHER THAN THE REDEMPTION CENTER OR
42 DEALER`S PLACE OF BUSINESS. THE DEALER OR REDEMPTION CENTER SHALL HAVE
43 THE RIGHT TO BE PRESENT AT THE COUNT.
44 C. A DEPOSIT INITIATOR OR DISTRIBUTOR SHALL PICK UP EMPTY BEVERAGE
45 CONTAINERS AT REASONABLE TIMES AND INTERVALS AS DETERMINED IN RULES OR
46 REGULATIONS PROMULGATED BY THE DEPARTMENT.
47 9. NO PERSON SHALL RETURN OR ASSIST ANOTHER TO RETURN TO A DEALER OR
48 REDEMPTION CENTER AN EMPTY BEVERAGE CONTAINER FOR ITS REFUND VALUE IF
49 SUCH CONTAINER HAD PREVIOUSLY BEEN ACCEPTED FOR REDEMPTION BY A DEALER,
50 REDEMPTION CENTER, OR DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON BEVER-
51 AGE CONTAINERS OF THE SAME BRAND.
52 10. A REDEEMER, DEALER, DISTRIBUTOR OR REDEMPTION CENTER SHALL NOT
53 KNOWINGLY REDEEM AN EMPTY BEVERAGE CONTAINER ON WHICH A DEPOSIT WAS
54 NEVER PAID.
55 11. NOTWITHSTANDING THE PROVISIONS OF SECTION 27-1009 OF THIS TITLE, A
56 DEPOSIT INITIATOR OR DISTRIBUTOR SHALL ACCEPT AND REDEEM BEVERAGE
A. 8044--A 7
1 CONTAINERS AS PROVIDED IN THIS TITLE, IF THE DEALER OR OPERATOR OF A
2 REDEMPTION CENTER SHALL HAVE ACCEPTED AND PAID THE REFUND VALUE OF SUCH
3 BEVERAGE CONTAINERS.
4 S 5. Section 27-1009 of the environmental conservation law, as added
5 by chapter 200 of the laws of 1982, is amended to read as follows:
6 S 27-1009. Refusal of acceptance.
7 1. A dealer or operator of a redemption center may refuse to accept
8 from a redeemer, and a {distributor} DEPOSIT INITIATOR may refuse to
9 accept from a dealer or operator of a redemption center any empty bever-
10 age container which does not state thereon a refund value as established
11 by section 27-1005 and provided by section 27-1011 of this title.
12 2. A dealer or operator of a redemption center may also refuse to
13 accept any broken bottle, corroded or dismembered can, or any beverage
14 container which contains a significant amount of foreign material, as
15 determined in rules and regulations to be promulgated by the commission-
16 er. {Notwithstanding the provisions of this subdivision, a distributor
17 shall accept beverage containers as provided in subdivision two of
18 section 27-1007 of this title, if the dealer shall have accepted and
19 paid the refund value of such beverage containers.}
20 S 6. Subdivision 2 of section 27-1011 of the environmental conserva-
21 tion law is REPEALED.
22 S 6-a. Subdivisions 3 and 4 of section 27-1011 of the environmental
23 conservation law are renumbered subdivisions 2 and 3.
24 S 7. The environmental conservation law is amended by adding a new
25 section 27-1012 to read as follows:
26 S 27-1012. DEPOSIT AND DISPOSITION OF REFUND VALUES; REGISTRATION.
27 1. EACH DEPOSIT INITIATOR SHALL DEPOSIT IN A REFUND VALUE ACCOUNT AN
28 AMOUNT EQUAL TO THE REFUND VALUE REQUIRED TO BE INITIATED UNDER SECTION
29 27-1005 OF THIS TITLE WHICH IS RECEIVED WITH RESPECT TO EACH BEVERAGE
30 CONTAINER SOLD BY SUCH DEPOSIT INITIATOR. SUCH DEPOSIT INITIATOR SHALL
31 HOLD SUCH AMOUNTS IN TRUST FOR THE STATE. A REFUND VALUE ACCOUNT SHALL
32 BE AN INTEREST-BEARING ACCOUNT ESTABLISHED IN A BANKING INSTITUTION
33 LOCATED IN THIS STATE, THE DEPOSITS IN WHICH ARE INSURED BY AN AGENCY OF
34 THE FEDERAL GOVERNMENT. DEPOSITS OF SUCH AMOUNTS SHALL BE MADE NOT LESS
35 FREQUENTLY THAN EVERY FIVE BUSINESS DAYS. ALL INTEREST, DIVIDENDS AND
36 RETURNS EARNED ON THE ACCOUNT SHALL BE PAID DIRECTLY INTO SAID ACCOUNT.
37 SUCH MONIES SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER MONEYS IN
38 THE POSSESSION OF THE DEPOSIT INITIATOR. THE COMMISSIONER OF TAXATION
39 AND FINANCE MAY SPECIFY A SYSTEM OF ACCOUNTS AND RECORDS TO BE MAIN-
40 TAINED WITH RESPECT TO ACCOUNTS ESTABLISHED UNDER THIS SUBDIVISION.
41 2. PAYMENTS OF REFUND VALUES PURSUANT TO SECTION 27-1007 OF THIS TITLE
42 SHALL BE PAID FROM EACH DEPOSIT INITIATOR`S REFUND VALUE ACCOUNT. NO
43 OTHER PAYMENT OR WITHDRAWAL FROM SUCH ACCOUNT MAY BE MADE EXCEPT AS
44 PRESCRIBED BY THIS SECTION.
45 3. EACH DEPOSIT INITIATOR SHALL FILE QUARTERLY REPORTS WITH THE
46 COMMISSIONER OF TAXATION AND FINANCE ON A FORM AND IN THE MANNER
47 PRESCRIBED BY SUCH COMMISSIONER. THE COMMISSIONER OF TAXATION AND
48 FINANCE MAY REQUIRE SUCH REPORTS TO BE FILED ELECTRONICALLY. THE QUAR-
49 TERLY REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE FILED FOR THE QUAR-
50 TERLY PERIODS ENDING ON THE LAST DAY OF MAY, AUGUST, NOVEMBER AND FEBRU-
51 ARY OF EACH YEAR, AND EACH SUCH REPORT SHALL BE FILED WITHIN TWENTY DAYS
52 AFTER THE END OF THE QUARTERLY PERIOD COVERED THEREBY. EACH SUCH REPORT
53 SHALL INCLUDE, IN ADDITION TO ANY OTHER INFORMATION SUCH COMMISSIONER
54 SHALL DETERMINE APPROPRIATE, THE FOLLOWING INFORMATION:
55 A. THE BALANCE IN THE REFUND VALUE ACCOUNT AT THE BEGINNING OF THE
56 QUARTER FOR WHICH THE REPORT IS PREPARED;
A. 8044--A 8
1 B. ALL SUCH DEPOSITS CREDITED TO SUCH ACCOUNT AND ALL INTEREST, DIVI-
2 DENDS OR RETURNS RECEIVED ON SUCH ACCOUNT, DURING SUCH QUARTER;
3 C. ALL WITHDRAWALS FROM SUCH ACCOUNT, DURING SUCH QUARTER, INCLUDING
4 ALL REIMBURSEMENTS PAID PURSUANT TO SUBDIVISION TWO OF THIS SECTION, ALL
5 SERVICE CHARGES ON THE ACCOUNT, AND ALL PAYMENTS MADE PURSUANT TO SUBDI-
6 VISION FOUR OF THIS SECTION; AND
7 D. THE BALANCE IN SUCH ACCOUNT AT THE CLOSE OF SUCH QUARTER.
8 4. A. QUARTERLY PAYMENTS. AN AMOUNT EQUAL TO THE BALANCE OUTSTANDING
9 IN THE REFUND VALUE ACCOUNT AT THE CLOSE OF EACH QUARTER SHALL BE PAID
10 TO THE COMMISSIONER OF TAXATION AND FINANCE AT THE TIME THE REPORT
11 PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION IS REQUIRED TO BE
12 FILED. IF THE PROVISIONS OF THIS SECTION WITH RESPECT TO SUCH ACCOUNT
13 HAVE NOT BEEN FULLY COMPLIED WITH, EACH DEPOSIT INITIATOR SHALL PAY TO
14 SUCH COMMISSIONER AT SUCH TIME, IN LIEU OF THE AMOUNT DESCRIBED IN THE
15 PRECEDING SENTENCE, AN AMOUNT EQUAL TO THE BALANCE WHICH WOULD HAVE BEEN
16 OUTSTANDING ON SUCH DATE HAD SUCH PROVISIONS BEEN FULLY COMPLIED WITH.
17 B. REFUND VALUE ACCOUNT SHORTFALL. IN THE EVENT A DEPOSIT INITIATOR
18 PAYS OUT MORE IN REFUND VALUES THAN IT COLLECTS IN DEPOSITS OF REFUND
19 VALUES DURING THE COURSE OF A QUARTERLY PERIOD AS DESCRIBED IN SUBDIVI-
20 SION THREE OF THIS SECTION, THE DEPOSIT INITIATOR MAY APPLY TO THE
21 COMMISSIONER OF TAXATION AND FINANCE FOR A REFUND OF THE AMOUNT OF SUCH
22 EXCESS PAYMENT OF REFUND VALUES FROM SOURCES OTHER THAN THE REFUND VALUE
23 ACCOUNT, IN THE MANNER AS PROVIDED BY THE COMMISSIONER OF TAXATION AND
24 FINANCE. SUCH REFUND SHALL BE PAID OUT OF THE ENVIRONMENTAL PROTECTION
25 FUND CREATED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
26 C. FINAL REPORT. A DEPOSIT INITIATOR WHO CEASES TO DO BUSINESS IN THIS
27 STATE AS A DEPOSIT INITIATOR, SHALL FILE A FINAL REPORT AND REMIT
28 PAYMENT OF ALL AMOUNTS IN THE REFUND VALUE ACCOUNT AS OF THE CLOSE OF
29 THE DEPOSIT INITIATOR`S LAST DAY OF BUSINESS. THE DEPOSIT INITIATOR
30 SHALL INDICATE ON THE REPORT THAT IT IS A "FINAL REPORT". THE FINAL
31 REPORT IS DUE TO BE FILED WITH PAYMENT TWENTY DAYS AFTER THE CLOSE OF
32 THE QUARTERLY PERIOD IN WHICH THE DEPOSIT INITIATOR CEASES TO DO BUSI-
33 NESS. IN THE EVENT THE DEPOSIT INITIATOR PAYS OUT MORE IN REFUND VALUES
34 THAN IT COLLECTS IN SUCH FINAL QUARTERLY PERIOD, THE DEPOSIT INITIATOR
35 MAY APPLY TO THE COMMISSIONER OF TAXATION AND FINANCE FOR A REFUND OF
36 THE AMOUNT OF SUCH EXCESS PAYMENT OF REFUND VALUES FROM SOURCES OTHER
37 THAN THE REFUND VALUE ACCOUNT, IN THE MANNER AS PROVIDED BY THE COMMIS-
38 SIONER OF TAXATION AND FINANCE. SUCH REFUND SHALL BE PAID OUT OF THE
39 ENVIRONMENTAL PROTECTION FUND CREATED PURSUANT TO SECTION NINETY-TWO-S
40 OF THE STATE FINANCE LAW.
41 5. ALL MONEYS COLLECTED OR RECEIVED BY THE DEPARTMENT OF TAXATION AND
42 FINANCE PURSUANT TO THIS TITLE SHALL BE DEPOSITED TO THE CREDIT OF THE
43 COMPTROLLER WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR TRUST COMPA-
44 NIES AS MAY BE DESIGNATED BY THE COMPTROLLER. SUCH DEPOSITS SHALL BE
45 KEPT SEPARATE AND APART FROM ALL OTHER MONEYS IN THE POSSESSION OF THE
46 COMPTROLLER. THE COMPTROLLER SHALL REQUIRE ADEQUATE SECURITY FROM ALL
47 SUCH DEPOSITORIES. THE COMPTROLLER SHALL PAY ALL AMOUNTS SO DEPOSITED BY
48 THE DEPARTMENT OF TAXATION AND FINANCE, INCLUDING INTEREST AND PENALTIES
49 RECEIVED UNDER THIS SECTION, INTO THE ENVIRONMENTAL PROTECTION FUND.
50 6. THE COMMISSIONER AND THE COMMISSIONER OF TAXATION AND FINANCE SHALL
51 PROMULGATE, AND SHALL CONSULT EACH OTHER IN PROMULGATING, SUCH RULES AND
52 REGULATIONS AS MAY BE NECESSARY OR DESIRABLE TO EFFECTUATE THE PURPOSES
53 OF THIS TITLE. THE COMMISSIONER AND THE COMMISSIONER OF TAXATION AND
54 FINANCE SHALL PROVIDE ALL NECESSARY AID AND ASSISTANCE TO EACH OTHER,
55 INCLUDING THE SHARING OF ANY INFORMATION THAT IS NECESSARY TO THEIR
A. 8044--A 9
1 RESPECTIVE ADMINISTRATION AND ENFORCEMENT RESPONSIBILITIES PURSUANT TO
2 THE PROVISIONS OF THIS TITLE.
3 7. A. ANY PERSON WHO IS A DEPOSIT INITIATOR UNDER THIS TITLE ON OR
4 BEFORE SEPTEMBER FIRST, TWO THOUSAND EIGHT, SHALL APPLY TO THE COMMIS-
5 SIONER OF TAXATION AND FINANCE FOR REGISTRATION AS A DEPOSIT INITIATOR.
6 SUCH APPLICATIONS MAY BE SUBMITTED ON AND AFTER SEPTEMBER FIRST, TWO
7 THOUSAND EIGHT. ANY PERSON WHO BECOMES A DEPOSIT INITIATOR AFTER SUCH
8 DATE SHALL APPLY FOR REGISTRATION AT LEAST TWENTY DAYS PRIOR TO COLLECT-
9 ING ANY DEPOSITS AS SUCH A DEPOSIT INITIATOR. SUCH APPLICATION SHALL BE
10 IN A FORM PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE AND
11 SHALL REQUIRE SUCH INFORMATION DEEMED TO BE NECESSARY FOR PROPER ADMIN-
12 ISTRATION OF THIS TITLE. THE COMMISSIONER OF TAXATION AND FINANCE SHALL
13 ISSUE A DEPOSIT INITIATOR REGISTRATION CERTIFICATE WITHIN FIFTEEN DAYS
14 OF RECEIPT OF SUCH APPLICATION OR MAY TAKE AN ADDITIONAL TEN DAYS IF THE
15 COMMISSIONER OF TAXATION AND FINANCE DEEMS IT NECESSARY TO CONSULT WITH
16 THE COMMISSIONER BEFORE ISSUING SUCH REGISTRATION CERTIFICATE. A REGIS-
17 TRATION CERTIFICATE ISSUED PURSUANT TO THIS SUBDIVISION MAY BE ISSUED
18 FOR A SPECIFIED TERM OF NOT LESS THAN THREE YEARS AND SHALL BE SUBJECT
19 TO RENEWAL IN ACCORDANCE WITH PROCEDURES SPECIFIED BY THE COMMISSIONER
20 OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION AND FINANCE SHALL
21 FURNISH TO THE COMMISSIONER A COMPLETE LIST OF REGISTERED DEPOSIT INITI-
22 ATORS AND SHALL CONTINUALLY UPDATE SUCH LIST AS WARRANTED. THE COMMIS-
23 SIONER SHALL SHARE ANY INFORMATION WITH THE COMMISSIONER OF TAXATION AND
24 FINANCE THAT IS NECESSARY FOR THE ADMINISTRATION OF THIS SUBDIVISION.
25 B. THE COMMISSIONER OF TAXATION AND FINANCE SHALL HAVE THE AUTHORITY
26 TO REVOKE OR REFUSE TO RENEW ANY REGISTRATION ISSUED PURSUANT TO THIS
27 SUBDIVISION WHEN IT HAS BEEN DETERMINED BY THE COMMISSIONER OF TAXATION
28 AND FINANCE OR SUCH COMMISSIONER HAS BEEN INFORMED BY THE COMMISSIONER
29 THAT ANY OF THE PROVISIONS OF THIS TITLE OR RULES AND REGULATIONS
30 PROMULGATED THEREUNDER HAVE BEEN VIOLATED. SUCH VIOLATIONS SHALL
31 INCLUDE, BUT NOT BE LIMITED TO, THE FAILURE TO FILE QUARTERLY REPORTS,
32 THE FAILURE TO MAKE PAYMENTS PURSUANT TO THIS SUBDIVISION, THE PROVIDING
33 OF FALSE OR FRAUDULENT INFORMATION TO EITHER THE DEPARTMENT OF TAXATION
34 AND FINANCE OR THE DEPARTMENT, OR KNOWINGLY AIDING OR ABETTING ANOTHER
35 PERSON IN VIOLATING ANY OF THE PROVISIONS OF THIS TITLE. A NOTICE OF
36 PROPOSED REVOCATION OR NON-RENEWAL SHALL BE GIVEN TO THE DEPOSIT INITI-
37 ATOR IN THE MANNER PRESCRIBED FOR A NOTICE OF DEFICIENCY OF TAX AND ALL
38 THE PROVISIONS APPLICABLE TO A NOTICE OF DEFICIENCY UNDER ARTICLE TWEN-
39 TY-SEVEN OF THE TAX LAW SHALL APPLY TO A NOTICE ISSUED PURSUANT TO THIS
40 PARAGRAPH, INSOFAR AS SUCH PROVISIONS CAN BE MADE APPLICABLE TO A NOTICE
41 AUTHORIZED BY THIS PARAGRAPH, WITH SUCH MODIFICATIONS AS MAY BE NECES-
42 SARY IN ORDER TO ADAPT THE LANGUAGE OF SUCH PROVISIONS TO THE NOTICE
43 AUTHORIZED BY THIS PARAGRAPH. ALL SUCH NOTICES ISSUED BY THE COMMISSION-
44 ER OF TAXATION AND FINANCE PURSUANT TO THIS PARAGRAPH SHALL CONTAIN A
45 STATEMENT ADVISING THE DEPOSIT INITIATOR THAT THE REVOCATION OR NON-RE-
46 NEWAL OF REGISTRATION MAY BE CHALLENGED THROUGH A HEARING PROCESS AND
47 THE PETITION FOR SUCH A CHALLENGE MUST BE FILED WITH THE COMMISSIONER OF
48 TAXATION AND FINANCE WITHIN NINETY DAYS AFTER SUCH NOTICE IS ISSUED. A
49 DEPOSIT INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED OR NOT RENEWED
50 SHALL DISCONTINUE TO DO BUSINESS AS A DEPOSIT INITIATOR IN THIS STATE,
51 UNTIL THIS TITLE HAS BEEN COMPLIED WITH AND A NEW REGISTRATION HAS BEEN
52 ISSUED. ANY DEPOSIT INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED MAY
53 NOT APPLY FOR REGISTRATION FOR TWO YEARS FROM THE DATE SUCH REVOCATION
54 TAKES EFFECT.
55 8. THE COMMISSIONER OF TAXATION AND FINANCE MAY REQUIRE THE MAINTE-
56 NANCE OF SUCH ACCOUNTS, RECORDS OR DOCUMENTS RELATING TO THE SALE OF
A. 8044--A 10
1 BEVERAGE CONTAINERS, BY ANY BEVERAGE MANUFACTURER, DISTRIBUTOR, DEALER
2 OR REDEMPTION CENTER AS SUCH COMMISSIONER MAY DEEM APPROPRIATE FOR THE
3 ADMINISTRATION OF THIS SECTION. SUCH COMMISSIONER MAY MAKE EXAMINATIONS,
4 INCLUDING THE CONDUCT OF FACILITY INSPECTIONS DURING REGULAR BUSINESS
5 HOURS, WITH RESPECT TO THE ACCOUNTS, RECORDS OR DOCUMENTS REQUIRED TO BE
6 MAINTAINED UNDER THIS SUBDIVISION. SUCH ACCOUNTS, RECORDS AND DOCUMENTS
7 SHALL BE PRESERVED FOR A PERIOD OF THREE YEARS, EXCEPT THAT SUCH COMMIS-
8 SIONER MAY CONSENT TO THEIR DESTRUCTION WITHIN THAT PERIOD OR MAY
9 REQUIRE THAT THEY BE KEPT LONGER. SUCH ACCOUNTS, RECORDS AND DOCUMENTS
10 MAY BE KEPT WITHIN THE MEANING OF THIS SUBDIVISION WHEN REPRODUCED BY
11 ANY PHOTOGRAPHIC, PHOTOSTATIC, MICROFILM, MICRO-CARD, MINIATURE PHOTO-
12 GRAPHIC OR OTHER PROCESS WHICH ACTUALLY REPRODUCES THE ORIGINAL
13 ACCOUNTS, RECORDS OR DOCUMENTS.
14 9. A. ANY PERSON REQUIRED TO BE REGISTERED UNDER THIS SECTION WHO,
15 WITHOUT BEING SO REGISTERED, MAKES SALES OF OR OFFERS FOR SALE BEVERAGE
16 CONTAINERS IN THIS STATE, IN ADDITION TO ANY OTHER PENALTY IMPOSED BY
17 THIS TITLE, SHALL BE SUBJECT TO A PENALTY TO BE ASSESSED BY THE COMMIS-
18 SIONER IN AN AMOUNT NOT EXCEEDING FIVE HUNDRED DOLLARS FOR THE FIRST DAY
19 ON WHICH SUCH SALES OR OFFERS FOR SALE ARE MADE, PLUS AN AMOUNT NOT
20 EXCEEDING FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT DAY ON WHICH SUCH
21 SALES ARE MADE, NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS IN THE AGGRE-
22 GATE.
23 B. ANY DEPOSIT INITIATOR WHO FAILS TO MAINTAIN ACCOUNTS OR RECORDS
24 PURSUANT TO THIS SECTION, UNLESS IT IS SHOWN THAT SUCH FAILURE WAS DUE
25 TO REASONABLE CAUSE AND NOT DUE TO NEGLIGENCE OR WILLFUL NEGLECT, IN
26 ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS TITLE, SHALL BE SUBJECT TO
27 A PENALTY TO BE ASSESSED BY THE COMMISSIONER OF TAXATION AND FINANCE OF
28 NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH QUARTER DURING WHICH SUCH
29 FAILURE OCCURRED, AND AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOU-
30 SAND DOLLARS FOR EACH QUARTER SUCH FAILURE CONTINUES.
31 10. THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THE TAX LAW SHALL APPLY
32 TO THE PROVISIONS OF THIS TITLE FOR WHICH THE COMMISSIONER OF TAXATION
33 AND FINANCE IS RESPONSIBLE, INCLUDING COLLECTION OF REFUND VALUE
34 AMOUNTS, IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE
35 LANGUAGE OF SUCH ARTICLE HAD BEEN INCORPORATED IN FULL INTO THIS SECTION
36 EXCEPT TO THE EXTENT THAT ANY PROVISION OF SUCH ARTICLE IS EITHER INCON-
37 SISTENT WITH A PROVISION OF THIS SECTION OR IS NOT RELEVANT TO THIS
38 SECTION AS DETERMINED BY THE COMMISSIONER OF TAXATION AND FINANCE.
39 FURTHERMORE, FOR PURPOSES OF APPLYING THE PROVISIONS OF ARTICLE TWENTY-
40 SEVEN OF THE TAX LAW, WHERE THE TERMS "TAX" AND "TAXES" APPEAR IN SUCH
41 ARTICLE, SUCH TERMS SHALL BE CONSTRUED TO MEAN "REFUND VALUE" OR
42 "BALANCE IN THE REFUND VALUE ACCOUNT".
43 11. IF ANY DEPOSIT INITIATOR FAILS OR REFUSES TO FILE A REPORT OR
44 FURNISH ANY INFORMATION REQUESTED IN WRITING BY THE DEPARTMENT OF TAXA-
45 TION AND FINANCE OR THE DEPARTMENT, THE DEPARTMENT OF TAXATION AND
46 FINANCE WITH THE ASSISTANCE OF THE DEPARTMENT MAY, FROM ANY INFORMATION
47 IN ITS POSSESSION, MAKE AN ESTIMATE OF THE DEFICIENCY AND COLLECT SUCH
48 DEFICIENCY FROM SUCH DEPOSIT INITIATOR.
49 12. EACH DEPOSIT INITIATOR SHALL REGISTER THE CONTAINER LABEL OF ANY
50 BEVERAGE OFFERED FOR SALE IN THE STATE ON WHICH IT INITIATES A DEPOSIT.
51 ANY SUCH REGISTERED CONTAINER LABEL SHALL BEAR A UNIVERSAL PRODUCT CODE.
52 SUCH UNIVERSAL PRODUCT CODE SHALL BE NEW YORK STATE SPECIFIC, IN ORDER
53 TO IDENTIFY THE BEVERAGE CONTAINER AS OFFERED FOR SALE EXCLUSIVELY IN
54 NEW YORK STATE, AND AS A MEANS OF PREVENTING ILLEGAL REDEMPTION OF
55 BEVERAGE CONTAINERS PURCHASED OUT-OF-STATE. REGISTRATION MUST BE ON
56 FORMS AS PRESCRIBED BY THE DEPARTMENT AND MUST INCLUDE THE UNIVERSAL
A. 8044--A 11
1 PRODUCT CODE FOR EACH COMBINATION OF BEVERAGE AND CONTAINER MANUFAC-
2 TURED. THE DEPOSIT INITIATOR SHALL RENEW A LABEL REGISTRATION WHENEVER
3 THAT LABEL IS REVISED BY ALTERING THE UNIVERSAL PRODUCT CODE OR WHENEVER
4 THE CONTAINER ON WHICH IT APPEARS IS CHANGED IN SIZE, COMPOSITION OR
5 GLASS COLOR.
6 S 8. Section 27-1013 of the environmental conservation law, as amended
7 by chapter 149 of the laws of 1983, is amended to read as follows:
8 S 27-1013. Redemption centers.
9 The commissioner is hereby empowered to promulgate rules and regu-
10 lations governing (1) the circumstances in which dealers and distribu-
11 tors, individually or collectively, are required to accept the return of
12 empty beverage containers, and make payment therefor; (2) the sorting of
13 the containers which a DEPOSIT INITIATOR OR distributor may require of
14 dealers and redemption centers; (3) the {pick up} COLLECTION of returned
15 beverage containers by DEPOSIT INITIATORS OR distributors, including the
16 party to whom such expense is to be charged, the frequency of such pick
17 ups and the payment for refunds and handling fees thereon; (4) the right
18 of dealers to restrict or limit the number of containers redeemed, the
19 rules for redemption at the dealers` place of business, and the redemp-
20 tion of containers from a beverage for which sales have been discontin-
21 ued, and to issue permits to persons, firms or corporations which estab-
22 lish redemption centers, subject to applicable provisions of local and
23 state laws, at which redeemers and dealers may return empty beverage
24 containers and receive payment of the refund value of such beverage
25 containers. No dealer or distributor, as defined in section 27-1003 OF
26 THIS TITLE, shall be required to obtain a permit to operate a redemption
27 center at the same location as the dealer`s or distributor`s place of
28 business. Operators of such redemption centers shall receive payment of
29 the refund value of each beverage container from the appropriate
30 manufacturer or distributor as provided under {sections} SECTION 27-1007
31 {and 27-1009} of this title.
32 S 9. Section 27-1014 of the environmental conservation law, as added
33 by chapter 149 of the laws of 1983, is amended to read as follows:
34 S 27-1014. {Limitation on} AUTHORITY TO PROMULGATE rules and regu-
35 lations.
36 In addition to the authority of the commissioner, under sections
37 27-1009 and 27-1013 of this title, the commissioner shall {only have the
38 power to promulgate rules and regulations governing the initiation of
39 deposits, sale of beverages in containers through vending machines and
40 for on-premises consumption, record keeping, refunding for refillable
41 beverage containers, embossing, imprinting or labeling of refund values
42 and enforcement of the provisions of this section and sections 27-1009
43 and 27-1013 of this title} HAVE THE POWER TO PROMULGATE RULES AND REGU-
44 LATIONS necessary and appropriate to the {implementation} ADMINISTRATION
45 of this title.
46 S 10. Section 27-1015 of the environmental conservation law, as added
47 by chapter 200 of the laws of 1982 and subdivision 1 as designated and
48 subdivision 2 as added by chapter 149 of the laws of 1983, is amended to
49 read as follows:
50 S 27-1015. Violations.
51 1. A violation of this title, EXCEPT AS PROVIDED IN SUBDIVISION FOUR
52 OF THIS SECTION AND SECTION 27-1012 OF THIS TITLE, shall be a public
53 nuisance. In addition, EXCEPT AS PROVIDED IN SUBDIVISIONS TWO AND FOUR
54 OF THIS SECTION AND SECTION 27-1012 OF THIS TITLE, any person who shall
55 violate any provision of this title shall be liable TO THE STATE OF NEW
56 YORK for a civil penalty of not more than five hundred dollars, and an
A. 8044--A 12
1 additional civil penalty of not more than five hundred dollars for each
2 day during which each such violation continues. Any civil penalty may be
3 assessed following a hearing or opportunity to be heard.
4 2. ANY DISTRIBUTOR OR DEPOSIT INITIATOR WHO VIOLATES ANY PROVISION OF
5 THIS TITLE EXCEPT AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, SHALL BE
6 LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN ONE
7 THOUSAND DOLLARS, AND AN ADDITIONAL CIVIL PENALTY OF NOT MORE THAN ONE
8 THOUSAND DOLLARS FOR EACH DAY DURING WHICH EACH SUCH VIOLATION CONTIN-
9 UES. ANY CIVIL PENALTY MAY BE ASSESSED FOLLOWING A HEARING OR OPPORTU-
10 NITY TO BE HEARD.
11 3. It shall be unlawful for a distributor OR DEPOSIT INITIATOR, acting
12 alone or aided by another, to return ANY empty beverage {containers}
13 CONTAINER to a dealer or redemption center for {their} ITS refund value
14 if the distributor OR DEPOSIT INITIATOR had previously accepted such
15 beverage {containers} CONTAINER from any dealer or operator of a redemp-
16 tion center. A violation of this subdivision shall be a misdemeanor
17 punishable by a fine of not less than five hundred dollars nor more than
18 one thousand dollars and an amount equal to two times the amount of
19 money received as a result of such violation.
20 4. ANY PERSON WHO WILFULLY TENDERS TO A DEALER, DISTRIBUTOR, REDEMP-
21 TION CENTER OR BOTTLER MORE THAN FORTY-EIGHT EMPTY BEVERAGE CONTAINERS
22 THAT SUCH PERSON KNOWS OR REASONABLY SHOULD KNOW WERE NOT ORIGINALLY
23 SOLD IN THIS STATE AS FILLED BEVERAGE CONTAINERS MAY BE ASSESSED BY THE
24 DEPARTMENT A CIVIL PENALTY OF UP TO ONE HUNDRED DOLLARS FOR EACH
25 CONTAINER OR UP TO TWENTY-FIVE THOUSAND DOLLARS FOR EACH SUCH TENDER OF
26 CONTAINERS. AT EACH LOCATION WHERE A PERSON TENDERS CONTAINERS FOR
27 REDEMPTION, DEALERS AND REDEMPTION CENTERS MUST CONSPICUOUSLY DISPLAY A
28 SIGN IN LETTERS THAT ARE AT LEAST ONE INCH IN HEIGHT WITH THE FOLLOWING
29 INFORMATION: "WARNING: PERSONS TENDERING CONTAINERS FOR REDEMPTION THAT
30 WERE NOT ORIGINALLY PURCHASED IN THIS STATE MAY BE SUBJECT TO A CIVIL
31 PENALTY OF UP TO ONE HUNDRED DOLLARS PER CONTAINER OR UP TO TWENTY-FIVE
32 THOUSAND DOLLARS FOR EACH SUCH TENDER OF CONTAINERS." ANY CIVIL PENALTY
33 MAY BE ASSESSED FOLLOWING A HEARING OR OPPORTUNITY TO BE HEARD.
34 5. THE DEPARTMENT, THE DEPARTMENT OF TAXATION AND FINANCE AND THE
35 ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS
36 TITLE. IN ADDITION, THE PROVISIONS OF SECTION 27-1005 OF THIS TITLE AND
37 SUBDIVISIONS ONE, TWO, THREE, FOUR, FIVE, TEN AND ELEVEN OF SECTION
38 27-1007 OF THIS TITLE MAY BE ENFORCED BY A CITY, TOWN OR VILLAGE AND THE
39 LOCAL LEGISLATIVE BODY THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGU-
40 LATIONS CONSISTENT WITH THIS TITLE PROVIDING FOR THE ENFORCEMENT OF SUCH
41 PROVISIONS.
42 S 11. The environmental conservation law is amended by adding a new
43 section 27-1016 to read as follows:
44 S 27-1016. PUBLIC EDUCATION.
45 THE COMMISSIONER SHALL ESTABLISH A PUBLIC EDUCATION PROGRAM TO DISSEM-
46 INATE INFORMATION REGARDING IMPLEMENTATION OF THIS TITLE. SUCH INFORMA-
47 TION SHALL INCLUDE, BUT NOT BE LIMITED TO, PUBLICATION OF THE NEW YORK
48 BOTTLE BILL OF RIGHTS AS SPECIFIED IN SUBDIVISION TWO OF SECTION 27-1007
49 OF THIS TITLE; PUBLICATION OF INFORMATION SPECIFYING THE PROCEDURES
50 NECESSARY TO ESTABLISH A REDEMPTION CENTER AS PROVIDED IN SECTION
51 27-1013 OF THIS TITLE, INCLUDING INFORMATION REGARDING FINANCIAL ASSIST-
52 ANCE AVAILABLE FOR THE ESTABLISHMENT OF REDEMPTION CENTERS AS PROVIDED
53 IN SECTION 27-1019 OF THIS TITLE; PUBLICATION OF INFORMATION DELINEATING
54 THE RELEVANT RIGHTS AND RESPONSIBILITIES OF THE DEPOSIT INITIATORS,
55 DISTRIBUTORS, DEALERS, REDEMPTION CENTERS AND REDEEMERS UNDER THE
56 PROVISIONS OF THIS TITLE; PUBLICATION OF INFORMATION REGARDING THE
A. 8044--A 13
1 REQUIREMENT THAT DEPOSIT INITIATORS REGISTER WITH THE DEPARTMENT OF
2 TAXATION AND FINANCE; AND PUBLICATION OF INFORMATION ON THE GENERAL
3 BENEFITS OF RECYCLING.
4 S 12. Section 27-1017 of the environmental conservation law, as added
5 by chapter 200 of the laws of 1982, is amended to read as follows:
6 S 27-1017. Local beverage container laws.
7 The provisions of this title shall not be construed so as to limit in
8 any way the authority of political subdivisions of the state HAD to
9 enact, implement and enforce local beverage container control laws prior
10 to but not after the effective date of {this title} THE NEW YORK STATE
11 RETURNABLE CONTAINER ACT. NOTHING IN THIS SECTION SHALL LIMIT THE
12 AUTHORITY OF POLITICAL SUBDIVISIONS OF THE STATE TO ENFORCE THE
13 PROVISIONS OF THIS TITLE THAT PERTAIN TO THE OBLIGATIONS AND RESPONSI-
14 BILITIES OF SUCH POLITICAL SUBDIVISION.
15 S 13. The environmental conservation law is amended by adding a new
16 section 27-1018 to read as follows:
17 S 27-1018. RETURNABLE CONTAINER ACT ADVISORY BOARD.
18 1. THERE IS HEREBY CREATED THE "RETURNABLE CONTAINER ACT ADVISORY
19 BOARD," REFERRED TO HEREAFTER AS THE BOARD. SUCH BOARD SHALL CONSIST OF
20 THIRTEEN MEMBERS WHICH SHALL INCLUDE THE COMMISSIONER, THE COMMISSIONER
21 OF ECONOMIC DEVELOPMENT, THE COMMISSIONER OF TAXATION AND FINANCE, THE
22 ATTORNEY GENERAL, FOUR MEMBERS APPOINTED BY THE GOVERNOR, ONE MEMBER
23 APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE MAYOR OF THE CITY
24 OF NEW YORK, TWO MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION
25 OF THE TEMPORARY PRESIDENT OF THE SENATE, AND TWO MEMBERS APPOINTED BY
26 THE GOVERNOR ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. EACH
27 EX OFFICIO MEMBER OF THE BOARD MAY DESIGNATE A REPRESENTATIVE TO ATTEND
28 MEETINGS OF THE BOARD AND ACT ON HIS OR HER BEHALF.
29 2. THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL SERVE AS THE CHAIR
30 OF THE BOARD.
31 3. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
32 SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
33 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
34 4. THE BOARD SHALL, AT A MINIMUM, HAVE THE DUTY AND RESPONSIBILITY TO:
35 (A) SERVE AS A WORKING FORUM FOR THE EXCHANGE OF VIEWS, CONCERNS,
36 IDEAS, INFORMATION AND RECOMMENDATIONS RELATING TO ADMINISTRATION OF
37 THIS TITLE;
38 (B) REQUEST THE ATTENDANCE AT ANY MEETING OF THE BOARD OF SUCH PERSON-
39 NEL OF THE DEPARTMENT OR OF OTHER STATE AGENCIES OR AUTHORITIES, AS MAY
40 BE NECESSARY TO PROVIDE INFORMATION AND OTHERWISE ASSIST THE BOARD AND
41 REQUEST SUCH INFORMATION FROM THE DEPARTMENT OR OTHER STATE AGENCIES OR
42 AUTHORITIES AS THE BOARD MAY REQUIRE IN FULFILLING ITS RESPONSIBILITY
43 UNDER THIS SECTION;
44 (C) MONITOR, REVIEW AND MAKE RECOMMENDATIONS CONCERNING THE OBJEC-
45 TIVES, METHODS AND STRATEGIES OF THE DEPARTMENT AND OTHER STATE AGENCIES
46 IN IMPLEMENTING AND PURSUING PROGRAMS DESIGNED TO MEET THE OBJECTIVES OF
47 THIS TITLE;
48 (D) REQUEST AND RECEIVE, UPON REASONABLE NOTICE, REPORTS FROM THE
49 DEPARTMENT AND OTHER STATE AGENCIES AND PUBLIC AUTHORITIES CONCERNING
50 THE IMPLEMENTATION OF THIS TITLE;
51 (E) MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE CONCERN-
52 ING IMPLEMENTATION AND ADMINISTRATION OF THIS TITLE; AND
53 (F) PERFORM OTHER ACTIVITIES OR SERVICES AS MAY BE NECESSARY TO
54 FULFILL THE PURPOSES OF THIS SECTION.
55 5. THE BOARD SHALL MEET AT LEAST TWICE EACH YEAR; KEEP A RECORD OF ITS
56 PROCEEDINGS; AND DETERMINE THE RULES OF ITS OWN PROCEDURES. EIGHT
A. 8044--A 14
1 MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF
2 ANY BUSINESS OF THE BOARD.
3 6. STAFF SERVICES, INCLUDING RECORDING OF BOARD PROCEEDINGS, SHALL BE
4 PERFORMED BY PERSONNEL OF THE DEPARTMENT, OR SUCH STATE DEPARTMENTS OR
5 AGENCIES AS THE CHAIR DEEMS APPROPRIATE OR DESIRABLE.
6 7. THE DEPARTMENT SHALL PROVIDE THE BOARD WITH SUCH FACILITIES,
7 ASSISTANCE, AND DATA AS WILL ENABLE THE BOARD TO CARRY OUT ITS POWERS
8 AND DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE STATE OR SUBDIVI-
9 SIONS THEREOF SHALL, AT THE REQUEST OF THE CHAIR PROVIDE THE BOARD WITH
10 SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE BOARD TO CARRY
11 OUT ITS POWERS AND DUTIES.
12 S 14. Section 27-1019 of the environmental conservation law is renum-
13 bered 27-1020 and a new section 27-1019 is added to read as follows:
14 S 27-1019. BEVERAGE CONTAINER ASSISTANCE PROGRAM.
15 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WITHIN THE
16 LIMITS OF APPROPRIATIONS THEREFOR, THE COMMISSIONER SHALL MAKE STATE
17 ASSISTANCE PAYMENTS TO MUNICIPALITIES AND NOT-FOR-PROFIT ORGANIZATIONS
18 FOR THE COST OF REVERSE VENDING MACHINES AND GRANTS NOT TO EXCEED FIFTY
19 PERCENT OF THE COSTS OF EQUIPMENT, AND/OR THE ACQUISITION AND/OR REHA-
20 BILITATION OF REAL PROPERTY OR STRUCTURES RELATED TO THE COLLECTING,
21 SORTING, AND PACKAGING OF EMPTY BEVERAGE CONTAINERS SUBJECT TO THE
22 PROVISIONS OF THIS TITLE. SUCH PAYMENTS SHALL INCLUDE COSTS RELATED TO
23 THE ESTABLISHMENT OF REDEMPTION CENTERS, INCLUDING MOBILE REDEMPTION
24 CENTERS. FOR THE PURPOSES OF THIS SECTION, MUNICIPALITIES AND
25 NOT-FOR-PROFIT ORGANIZATIONS SHALL HAVE THE MEANING AS DEFINED IN
26 SECTION 54-0101 OF THIS CHAPTER.
27 S 15. Paragraph h of subdivision 1 of section 261 of the economic
28 development law, as amended by chapter 471 of the laws of 1998, is
29 amended to read as follows:
30 h. "Eligible project" shall mean actions taken by or on behalf of a
31 New York business involving the acquisition, construction, alteration,
32 repair or improvement of a building, fixtures, machinery or equipment,
33 provided that such project results in:
34 (i) source reduction or material substitution, provided that the
35 substitution of one hazardous substance, product or nonproduct output
36 for another does not result in the creation of a new risk,
37 (ii) in-process recycling,
38 (iii) recycling or reuse of non-hazardous solid wastes,
39 (iv) increased energy efficiency,
40 (v) conservation of the use of water or other natural resources
41 improvements in process economics,
42 (vi) elimination of the purchase of materials, the production of which
43 for the use of said firm would result in more waste or resource consump-
44 tion, or
45 (vii) other practices or technologies that reduce the use of hazardous
46 materials or otherwise improve air or water quality.
47 THE TERM "ELIGIBLE PROJECT" SHALL ALSO INCLUDE ACTIONS TAKEN BY OR ON
48 BEHALF OF A NEW YORK BUSINESS TO SUPPORT COSTS OF EQUIPMENT, AND/OR THE
49 ACQUISITION AND/OR REHABILITATION OF REAL PROPERTY OR STRUCTURES RELATED
50 TO THE COLLECTING, SORTING, AND PACKAGING OF EMPTY BEVERAGE CONTAINERS
51 AS SUCH TERMS ARE DEFINED IN TITLE TEN OF ARTICLE TWENTY-SEVEN OF THE
52 ENVIRONMENTAL CONSERVATION LAW.
53 The term "eligible project" shall not include end of pipe pollution
54 control technologies or practices where such controls or practices are
55 designed primarily to achieve compliance with the environmental conser-
56 vation law or regulations promulgated pursuant thereto, or energy recov-
A. 8044--A 15
1 ery or incineration, or out-of-process recycling or reuse of hazardous
2 waste or hazardous substances.
3 S 16. Subdivision 3 of section 92-s of the state finance law, as
4 amended by chapter 145 of the laws of 2004, is amended to read as
5 follows:
6 3. Such fund shall consist of the amount of revenue collected within
7 the state from the amount of revenue, interest and penalties deposited
8 pursuant to section fourteen hundred twenty-one of the tax law, the
9 amount of fees and penalties received from easements or leases pursuant
10 to subdivision fourteen of section seventy-five of the public lands law
11 and the money received as annual service charges pursuant to section
12 four hundred four-l of the vehicle and traffic law, all moneys required
13 to be deposited therein from the contingency reserve fund pursuant to
14 section two hundred ninety-four of chapter fifty-seven of the laws of
15 nineteen hundred ninety-three, all moneys required to be deposited
16 pursuant to section thirteen of chapter six hundred ten of the laws of
17 nineteen hundred ninety-three, repayments of loans made pursuant to
18 section 54-0511 of the environmental conservation law, all moneys to be
19 deposited from the Northville settlement pursuant to section one hundred
20 twenty-four of chapter three hundred nine of the laws of nineteen
21 hundred ninety-six, provided however, that such moneys shall only be
22 used for the cost of the purchase of private lands in the core area of
23 the central Suffolk pine barrens pursuant to a consent order with the
24 Northville industries signed on October thirteenth, nineteen hundred
25 ninety-four and the related resource restoration and replacement plan,
26 ALL MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO PARAGRAPH A OF SUBDIVI-
27 SION FOUR OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW, the
28 amount of penalties required to be deposited therein by section 71-2724
29 of the environmental conservation law, and all other moneys credited or
30 transferred thereto from any other fund or source pursuant to law. All
31 such revenue shall be initially deposited into the environmental
32 protection fund, for application as provided in subdivision five of this
33 section.
34 S 17. Paragraph (b) of subdivision 6 of section 92-s of the state
35 finance law, as amended by chapter 432 of the laws of 1997, is amended
36 to read as follows:
37 (b) Moneys from the solid waste account shall be available, pursuant
38 to appropriation and upon certificate of approval of availability by the
39 director of the budget, for any non-hazardous municipal landfill closure
40 project; municipal waste reduction or recycling project, as defined in
41 article fifty-four of the environmental conservation law; FOR THE BEVER-
42 AGE CONTAINER ASSISTANCE PROGRAM PURSUANT TO SECTION 27-1019 OF THE
43 ENVIRONMENTAL CONSERVATION LAW; for the purposes of section two hundred
44 sixty-one and section two hundred sixty-four of the economic development
45 law; any project for the development, updating or revision of local
46 solid waste management plans pursuant to sections 27-0107 and 27-0109 of
47 the environmental conservation law; and for the development of the
48 pesticide sales and use data base in conjunction with Cornell University
49 pursuant to title twelve of article thirty-three of the environmental
50 conservation law.
51 S 18. This act shall take effect immediately, provided however, that:
52 1. sections two, three and seven of this act shall take effect Septem-
53 ber 1, 2008;
54 2. sections four, five, six, six-a, eight, ten, twelve and thirteen of
55 this act shall take effect January 1, 2009; and
A. 8044--A 16
1 3. the requirements to make deposits, file reports and make with-
2 drawals and payments under section 27-1012 of the environmental conser-
3 vation law, as added by section seven of this act, shall first apply to
4 the period beginning on January 1, 2009 and ending February 28, 2009.
Updated
March 12, 2008
