New York 2009 bill text
Senate Bill 59 / Assembly Bill 159
The following text was excerpted from the page at http://assembly.state.ny.us/leg/?bn=S00059&sh=t
PART SS
33 Section 1. Section 27-1001 of the environmental conservation law, as
34 added by chapter 200 of the laws of 1982, is amended to read as follows:
35 § 27-1001. Legislative findings.
36 The legislature hereby finds that litter composed of discarded [soft-
37 drink, beer and ale bottles and cans] beverage containers is a growing
38 problem of state concern and a direct threat to the health and safety of
39 the citizens of this state. Discarded beverage [bottles and cans]
40 containers create a hazard to vehicular traffic, a source of physical
41 injury to pedestrians[,] and farm animals [and], a hazard to farm and
42 other machinery and an unsightly accumulation of litter which must be
43 disposed of at increasing public expense. Beverage [bottles and cans]
44 containers also create an unnecessary addition to the state's and muni-
45 cipalities' already overburdened solid waste and refuse disposal
46 systems. Unsegregated disposal of such [bottles and cans] containers
47 creates an impediment to the efficient operation of resource recovery
48 plants. Further, the legislature finds that the uninhibited discard of
49 beverage containers constitutes a waste of both mineral and energy
50 resources. The legislature hereby finds that requiring a deposit on all
51 beverage containers, along with certain other facilitating measures,
S. 59--B 66 A. 159--B
1 will provide a necessary incentive for the economically efficient and
2 environmentally benign collection and recycling of such containers.
3 § 2. Subdivisions 1 and 2 of section 27-1003 of the environmental
4 conservation law, subdivision 1 as amended by chapter 778 of the laws of
5 1988 and subdivision 2 as amended by chapter 546 of the laws of 1986,
6 are amended to read as follows:
7 1. "Beverage" means carbonated soft drinks, [mineral] water, [soda
8 water,] beer, other malt beverages and a wine product as defined in
9 subdivision thirty-six-a of section three of the alcoholic beverage
10 control law. "Malt beverages" means any beverage obtained by the alco-
11 holic fermentation or infusion or decoction of barley, malt, hops, or
12 other wholesome grain or cereal and water including, but not limited to
13 ale, stout or malt liquor. "Water" means any beverage identified through
14 the use of letters, words or symbols on its product label as a type of
15 water, including any flavored water or nutritionally enhanced water,
16 provided, however, that "water" does not include any beverage identified
17 as a type of water to which a sugar has been added.
18 2. "Beverage container" means the individual, separate, sealed glass,
19 metal, aluminum, steel or plastic bottle, can or jar used for containing
20 less than one gallon or [3.8] 3.78 liters [or less] at the time of sale
21 or offer for sale of a beverage intended for use or consumption in this
22 state. Beverage containers sold or offered for sale or distributed
23 aboard aircraft or ships shall be considered as intended for use or
24 consumption outside this state.
25 § 3. Subdivisions 6 and 9 of section 27-1003 of the environmental
26 conservation law, as added by chapter 200 of the laws of 1982, are
27 amended and four new subdivisions 2-a, 5-a, 12 and 13 are added to read
28 as follows:
29 2-a. "Bottler" means a person, firm or corporation who:
30 a. bottles, cans or otherwise packages beverages in beverage contain-
31 ers except that if such packaging is for a distributor having the right
32 to bottle, can or otherwise package the same brand of beverage, then
33 such distributor shall be the bottler; or
34 b. imports filled beverage containers into the United States.
35 5-a. A "deposit initiator" for each beverage container for which a
36 refund value is established under section 27-1005 of this title means:
37 a. the bottler of the beverage in such container;
38 b. the distributor of such container if such distributor's purchase of
39 such container was not, directly or indirectly, from a registered depos-
40 it initiator;
41 c. a dealer of such container who sells or offers for sale such
42 container in this state, whose purchase of such container was not,
43 directly or indirectly, from a registered deposit initiator; or
44 d. an agent acting on behalf of a registered deposit initiator.
45 6. "Distributor" means any person, firm or corporation which
46 [bottles, cans or otherwise fills or packages beverage containers, or
47 which] engages in the sale or offer for sale of [such] beverages in
48 beverage containers to a dealer.
49 9. "Redemption center" means any [establishment offering to pay the
50 refund value of a beverage container] person offering to pay the refund
51 value of an empty beverage container to a redeemer, or any person who
52 contracts with one or more dealers or distributors to collect, sort and
53 obtain the refund value and handling fee of empty beverage containers
54 for, or on behalf of, such dealer or distributor under the provisions of
55 section 27-1013 of this title.
S. 59--B 67 A. 159--B
1 12. "Reverse vending machine" means an automated device that uses a
2 laser scanner, microprocessor, or other technology to accurately recog-
3 nize the universal product code (UPC) on containers to determine if the
4 container is redeemable and accumulates information regarding containers
5 redeemed, including the number of such containers redeemed, thereby
6 enabling the reverse vending machine to accept containers from redeemers
7 and to issue a scrip or receipt for their refund value.
8 13. "Universal product code" or "UPC code" means a standard for encod-
9 ing a set of lines and spaces that can be scanned and interpreted into
10 numbers to identify a product. Universal product code may also mean any
11 accepted industry barcode which replaces the UPC code including EAN and
12 other codes that may be used to identify a product.
13 § 4. Sections 27-1005 and 27-1007 of the environmental conservation
14 law are REPEALED and two new sections 27-1005 and 27-1007 are added to
15 read as follows:
16 § 27-1005. Refund value.
17 No person shall sell or offer for sale a beverage container in this
18 state unless the deposit on such beverage container is or has been
19 collected by a registered deposit initiator and unless such container
20 has a refund value of not less than five cents which is clearly indi-
21 cated thereon as provided in section 27-1011 of this title.
22 § 27-1007. Mandatory acceptance.
23 Except as provided in section 27-1009 of this title:
24 1. (a) A dealer shall accept at his or her place of business from a
25 redeemer any empty beverage containers of the design, shape, size,
26 color, composition and brand sold or offered for sale by the dealer, and
27 shall pay to the redeemer the refund value of each such beverage
28 container as established in section 27-1005 of this title. Redemptions
29 of refund value must be in legal tender, or a scrip or receipt from a
30 reverse vending machine, provided that the scrip or receipt can be
31 exchanged for legal tender for a period of not less than sixty days
32 without requiring the purchase of other goods. The use or presence of a
33 reverse vending machine shall not relieve a dealer of any obligations
34 imposed pursuant to this section. If a dealer utilizes a reverse vend-
35 ing machine to redeem containers, the dealer shall provide redemption of
36 beverage containers when the reverse vending machine is full, broken,
37 under repair or does not accept a type of beverage container sold or
38 offered for sale by such dealer and may not limit the hours or days of
39 redemption except as provided by subdivision three of this section.
40 (b) Beginning March first, two thousand ten, a dealer whose place of
41 business is part of a chain engaged in the same general field of busi-
42 ness which operates ten or more units in this state under common owner-
43 ship and whose business exceeds: (i) forty thousand square feet but is
44 less than sixty thousand square feet shall install and maintain at least
45 three reverse vending machines at the dealer's place of business; (ii)
46 sixty thousand square feet but is less than eighty-five thousand square
47 feet shall install and maintain at least four reverse vending machines
48 at the dealer's place of business; or (iii) eighty-five thousand square
49 feet shall install and maintain at least eight reverse vending machines
50 at the dealer's place of business; provided, however, that the require-
51 ments of this paragraph to install and maintain reverse vending machines
52 shall not apply to a dealer that sells only refrigerated beverage
53 containers of twenty ounces or less where each beverage container is
54 sold as an individual container that is not connected to or packaged
55 with any other beverage container.
S. 59--B 68 A. 159--B
1 (c) A dealer to which paragraph (b) of this subdivision does not apply
2 and whose place of business is at least forty thousand square feet which
3 does not utilize reverse vending machines to process empty beverage
4 containers for redemption shall: (i) establish and maintain a dedicated
5 area within such business to accept beverage containers for redemption;
6 (ii) adequately staff such area to facilitate efficient acceptance and
7 processing of such containers during business hours; and (iii) post one
8 or more conspicuous signs conforming to the size and color requirements
9 described in subdivision two of this section at each public entrance to
10 the business which describes where in the business the redemption area
11 is located. The commissioner may establish in rules and regulations
12 additional standards for the efficient processing of beverage containers
13 by such dealers.
14 (d) For the purposes of this subdivision on any day that a dealer is
15 open for less than twenty-four hours, the dealer may restrict or refuse
16 the payment of refund values during the first and last hour the dealer
17 is open for business.
18 2. A dealer shall post a conspicuous sign, at the point of sale, that
19 states:
20 "NEW YORK BOTTLE BILL OF RIGHTS
21 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE
22 CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
23 YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
24 ACT:
25 THE RIGHT to return your empties for refund to any dealer who sells
26 the same brand, type and size, whether you bought the beverage from the
27 dealer or not. It is illegal to return containers for refund that you
28 did not pay a deposit on in New York state.
29 THE RIGHT to get your deposit refund in cash, without proof of
30 purchase.
31 THE RIGHT to return your empties any day, any hour, except for the
32 first and last hour of the dealer's business day (empty containers may
33 be redeemed at any time in 24-hour stores).
34 THE RIGHT to return your containers if they are empty and intact.
35 Washing containers is not required by law, but is strongly recommended
36 to maintain sanitary conditions.
37 The New York state returnable container act can be enforced by the New
38 York state department of environmental conservation, the New York state
39 department of agriculture and markets, the New York state department of
40 taxation and finance, the New York state attorney general and/or by your
41 local government."
42 Such sign must be no less than eight inches by ten inches in size and
43 have lettering a minimum of one quarter inch high, and of a color which
44 contrasts with the background. The department shall maintain a toll
45 free telephone number for a "bottle bill complaint line" that shall be
46 available from 9:00 a.m. to 5:00 p.m. each business day to receive
47 reports of violations of this title. The telephone number shall be list-
48 ed on any sign required by this section.
49 3. On or after June first, two thousand nine, a dealer may limit the
50 number of empty beverage containers to be accepted for redemption at the
51 dealer's place of business to no less than seventy-two containers per
52 visit, per redeemer, per day, provided that:
53 (a) The dealer has a written agreement with a redemption center, be it
54 either at a fixed physical location within the same county and within
S. 59--B 69 A. 159--B
1 one-half mile of the dealer's place of business, or a mobile redemption
2 center, operated by a redemption center, that is located within one-
3 quarter mile of the dealer's place of business. The redemption center
4 must have a written agreement with the dealer to accept containers on
5 behalf of the dealer; and the redemption center's hours of operation
6 must cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of
7 a mobile redemption center, the hours of operation must cover at least
8 four consecutive hours between 8:00 a.m. and 8:00 p.m. daily. The dealer
9 must post a conspicuous, permanent sign, meeting the size and color
10 specifications set forth in subdivision two of this section, open to
11 public view, identifying the location and hours of operation of the
12 affiliated redemption center or mobile redemption center; and
13 (b) The dealer provides, at a minimum, a consecutive two hour period
14 between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
15 to two hundred forty containers, per redeemer, per day, and posts a
16 conspicuous, permanent sign, meeting the size and color specifications
17 set forth in subdivision two of this section, open to public view, iden-
18 tifying those hours. The dealer may not change the hours of redemption
19 without first posting a thirty day notice; and
20 (c) The dealer's primary business is the sale of food or beverages for
21 consumption off-premises, and the dealer's place of business is less
22 than ten thousand square feet in size.
23 4. A deposit initiator shall accept from a dealer or operator of a
24 redemption center any empty beverage container of the design, shape,
25 size, color, composition and brand sold or offered for sale by the
26 deposit initiator, and shall pay the dealer or operator of a redemption
27 center the refund value of each such beverage container as established
28 by section 27-1005 of this title. A deposit initiator shall accept and
29 redeem all such empty beverage containers from a dealer or redemption
30 center without limitation on quantity.
31 5. A deposit initiator's or distributor's failure to pick up empty
32 beverage containers, including containers processed in a reverse vending
33 machine, from a redemption center, dealer or the operator of a reverse
34 vending machine, shall be a violation of this title.
35 6. In addition to the refund value of a beverage container as estab-
36 lished by section 27-1005 of this title, a deposit initiator shall pay
37 to any dealer or operator of a redemption center a handling fee of three
38 and one-half cents for each beverage container accepted by the deposit
39 initiator from such dealer or operator of a redemption center. Payment
40 of the handling fee shall be as compensation for collecting, sorting and
41 packaging of empty beverage containers for transport back to the deposit
42 initiator or its designee. Payment of the handling fee may not be condi-
43 tioned on the purchase of any goods or services, nor may such payment be
44 made out of the refund value account established pursuant to section
45 27-1012 of this title. A distributor who does not initiate deposits on a
46 type of beverage container is considered a dealer only for the purpose
47 of receiving a handling fee from a deposit initiator.
48 7. A deposit initiator on a brand shall accept from a distributor who
49 does not initiate deposits on that brand any empty beverage containers
50 of that brand accepted by the distributor from a dealer or operator of a
51 redemption center and shall reimburse the distributor the refund value
52 of each such beverage container, as established by section 27-1005 of
53 this title. In addition, the deposit initiator shall reimburse such
54 distributor for each such beverage container the handling fee estab-
55 lished under subdivision six of this section. Without limiting the
56 rights of the department or any person, firm or corporation under this
S. 59--B 70 A. 159--B
1 subdivision or any other provision of this section, a distributor shall
2 have a civil right of action to enforce this subdivision, including,
3 upon three days notice, the right to apply for temporary and preliminary
4 injunctive relief against continuing violations, and until arrangements
5 for collection and return of empty containers or reimbursement of such
6 distributor for such deposits and handling fees are made.
7 8. It shall be the responsibility of the deposit initiator or
8 distributor to provide to a dealer or redemption center a sufficient
9 number of bags, cartons, or other suitable containers, at no cost, for
10 the packaging, handling and pickup of empty beverage containers that are
11 not redeemed through a reverse vending machine. The bags, cartons, or
12 containers must be provided by the deposit initiator or distributor on a
13 schedule that allows the dealer or redemption center sufficient time to
14 sort the empty beverage containers prior to pick up by the deposit
15 initiator or distributor. In addition:
16 (a) When picking up empty beverage containers, a deposit initiator or
17 distributor shall not require a dealer or redemption center to load
18 their own bags, cartons or containers onto or into the deposit initi-
19 ator's or distributor's vehicle or vehicles or provide the staff or
20 equipment needed to do so.
21 (b) A deposit initiator or distributor shall not require empty
22 containers to be counted at a location other than the redemption center
23 or dealer's place of business. The dealer or redemption center shall
24 have the right to be present at the count.
25 (c) A deposit initiator or distributor shall pick up empty beverage
26 containers from the dealer or redemption center at reasonable times and
27 intervals as determined in rules or regulations promulgated by the
28 department.
29 9. No person shall return or assist another to return to a dealer or
30 redemption center an empty beverage container for its refund value if
31 such container had previously been accepted for redemption by a dealer,
32 redemption center, or deposit initiator who initiates deposits on bever-
33 age containers of the same brand.
34 10. A redeemer, dealer, distributor or redemption center shall not
35 knowingly redeem an empty beverage container on which a deposit was
36 never paid in New York state.
37 11. Notwithstanding the provisions of subdivision two of section
38 27-1009 of this title, a deposit initiator or distributor shall accept
39 and redeem beverage containers as provided in this title, if the dealer
40 or operator of a redemption center shall have accepted and paid the
41 refund value of such beverage containers.
42 § 5. Section 27-1009 of the environmental conservation law, as added
43 by chapter 200 of the laws of 1982, is amended to read as follows:
44 § 27-1009. Refusal of acceptance.
45 1. A dealer or operator of a redemption center may refuse to accept
46 from a redeemer, and a [distributor] deposit initiator or distributor
47 may refuse to accept from a dealer or operator of a redemption center
48 any empty beverage container which does not state thereon a refund value
49 as established by section 27-1005 and provided by section 27-1011 of
50 this title.
51 2. A dealer or operator of a redemption center may also refuse to
52 accept any broken bottle, corroded or dismembered can, or any beverage
53 container which contains a significant amount of foreign material, as
54 determined in rules and regulations to be promulgated by the commission-
55 er. [Notwithstanding the provisions of this subdivision, a distributor
56 shall accept beverage containers as provided in subdivision two of
S. 59--B 71 A. 159--B
1 section 27-1007 of this title, if the dealer shall have accepted and
2 paid the refund value of such beverage containers.]
3 § 6. Subdivision 2 of section 27-1011 of the environmental conserva-
4 tion law is REPEALED.
5 § 7. Subdivisions 3 and 4 of section 27-1011 of the environmental
6 conservation law, subdivision 3 as amended by chapter 834 of the laws of
7 1984 and subdivision 4 as amended by chapter 149 of the laws of 1983,
8 are amended to read as follows:
9 [3.] 2. No deposit initiator, distributor or dealer shall sell or
10 offer for sale, at wholesale or retail in this state, any metal beverage
11 container designed and constructed with a part of the container which is
12 detachable in opening the container unless such detachable part will
13 decompose by photodegradation or biodegradation.
14 [4.] 3. No deposit initiator, distributor or dealer shall sell or
15 offer for sale in this state beverage containers connected to each other
16 by a separate holding device constructed of plastic which does not
17 decompose by photodegradation or biodegradation.
18 § 8. The environmental conservation law is amended by adding a new
19 section 27-1012 to read as follows:
20 § 27-1012. Deposit and disposition of refund values; registration;
21 reports.
22 1. Each deposit initiator shall deposit in a refund value account an
23 amount equal to the refund value initiated under section 27-1005 of this
24 title which is received with respect to each beverage container sold by
25 such deposit initiator. Such deposit initiator shall hold the amounts
26 in the refund value account in trust for the state. A refund value
27 account shall be an interest-bearing account established in a banking
28 institution located in this state, the deposits in which are insured by
29 an agency of the federal government. Deposits of such amounts into the
30 refund value account shall be made not less frequently than every five
31 business days. All interest, dividends and returns earned on the refund
32 value account shall be paid directly into said account. The monies in
33 such accounts shall be kept separate and apart from all other monies in
34 the possession of the deposit initiator. The commissioner of taxation
35 and finance may specify a system of accounts and records to be main-
36 tained with respect to accounts established under this subdivision.
37 2. Payments of refund values pursuant to section 27-1007 of this title
38 shall be paid from each deposit initiator's refund value account. No
39 other payment or withdrawal from such account may be made except as
40 prescribed by this section.
41 3. Each deposit initiator shall file quarterly reports with the
42 commissioner of taxation and finance on a form and in the manner
43 prescribed by such commissioner. The commissioner of taxation and
44 finance may require such reports to be filed electronically. The quar-
45 terly reports required by this subdivision shall be filed for the quar-
46 terly periods ending on the last day of May, August, November and Febru-
47 ary of each year, and each such report shall be filed within twenty days
48 after the end of the quarterly period covered thereby. Each such report
49 shall include all information such commissioner shall determine appro-
50 priate including but not limited to the following information:
51 a. the balance in the refund value account at the beginning of the
52 quarter for which the report is prepared;
53 b. all such deposits credited to the refund value account and all
54 interest, dividends or returns received on such account, during such
55 quarter;
S. 59--B 72 A. 159--B
1 c. all withdrawals from the refund value account during such quarter,
2 including all reimbursements paid pursuant to subdivision two of this
3 section, all service charges on the account, and all payments made
4 pursuant to subdivision four of this section; and
5 d. the balance in the refund value account at the close of such quar-
6 ter.
7 4. a. Quarterly payments. An amount equal to eighty percent of the
8 balance outstanding in the refund value account at the close of each
9 quarter shall be paid to the commissioner of taxation and finance at the
10 time the report provided for in subdivision three of this section is
11 required to be filed. The commissioner of taxation and finance may
12 require that the payments be made electronically. The remaining twenty
13 percent of the balance outstanding at the close of each quarter shall be
14 the monies of the deposit initiator and may be withdrawn from such
15 account by the deposit initiator. If the provisions of this section
16 with respect to such account have not been fully complied with, each
17 deposit initiator shall pay to such commissioner at such time, in lieu
18 of the amount described in the preceding sentence, an amount equal to
19 the balance which would have been outstanding on such date had such
20 provisions been fully complied with. The commissioner of taxation and
21 finance may require that the payments be made electronically.
22 b. Refund value account shortfall. In the event a deposit initiator
23 pays out more in refund values than it collects in deposits of refund
24 values during the course of a quarterly period as described in subdivi-
25 sion three of this section, the deposit initiator may apply to the
26 commissioner of taxation and finance for a refund of the amount of such
27 excess payment of refund values from sources other than the refund value
28 account, in the manner as provided by the commissioner of taxation and
29 finance. A deposit initiator must apply for a refund no later than
30 twelve months after the due date for filing the quarterly report for the
31 quarterly period for which the refund claim is made. No interest shall
32 be payable for any refund paid pursuant to this paragraph.
33 c. Final report. A deposit initiator who ceases to do business in this
34 state as a deposit initiator shall file a final report and remit payment
35 of eighty percent of all amounts remaining in the refund value account
36 as of the close of the deposit initiator's last day of business. The
37 commissioner of taxation and finance may require that the payments be
38 made electronically. The deposit initiator shall indicate on the report
39 that it is a "final report". The final report is due to be filed with
40 payment twenty days after the close of the quarterly period in which the
41 deposit initiator ceases to do business. In the event the deposit initi-
42 ator pays out more in refund values than it collects in such final quar-
43 terly period, the deposit initiator may apply to the commissioner of
44 taxation and finance for a refund of the amount of such excess payment
45 of refund values from sources other than the refund value account, in
46 the manner as provided by the commissioner of taxation and finance.
47 5. All monies collected or received by the department of taxation and
48 finance pursuant to this title shall be deposited to the credit of the
49 comptroller with such responsible banks, banking houses or trust compa-
50 nies as may be designated by the comptroller. Such deposits shall be
51 kept separate and apart from all other moneys in the possession of the
52 comptroller. The comptroller shall require adequate security from all
53 such depositories. Of the total revenue collected, the comptroller shall
54 retain the amount determined by the commissioner of taxation and finance
55 to be necessary for refunds out of which the comptroller must pay any
56 refunds to which a deposit initiator may be entitled. After reserving
S. 59--B 73 A. 159--B
1 the amount to pay refunds, the comptroller must, by the tenth day of
2 each month, pay into the state treasury to the credit of the general
3 fund the revenue deposited under this subdivision during the preceding
4 calendar month and remaining to the comptroller's credit on the last day
5 of that preceding month.
6 6. The commissioner and the commissioner of taxation and finance shall
7 promulgate, and shall consult each other in promulgating, such rules and
8 regulations as may be necessary to effectuate the purposes of this
9 title. The commissioner and the commissioner of taxation and finance
10 shall provide all necessary aid and assistance to each other, including
11 the sharing of any information that is necessary to their respective
12 administration and enforcement responsibilities pursuant to the
13 provisions of this title.
14 7. a. Any person who is a deposit initiator under this title before 15 April first, two thousand nine, must apply by June first, two thousand
16 nine to the commissioner of taxation and finance for registration as a
17 deposit initiator. Any person who becomes a deposit initiator on or
18 after April first, two thousand nine shall apply for registration prior
19 to collecting any deposits as such a deposit initiator. Such application
20 shall be in a form prescribed by the commissioner of taxation and
21 finance and shall require such information deemed to be necessary for
22 proper administration of this title. The commissioner of taxation and
23 finance may require that applications for registration must be submitted
24 electronically. The commissioner of taxation and finance shall elec-
25 tronically issue a deposit initiator registration certificate in a form
26 prescribed by the commissioner of taxation and finance within fifteen
27 days of receipt of such application or may take an additional ten days
28 if the commissioner of taxation and finance deems it necessary to
29 consult with the commissioner before issuing such registration certif-
30 icate. A registration certificate issued pursuant to this subdivision
31 may be issued for a specified term of not less than three years and
32 shall be subject to renewal in accordance with procedures specified by
33 the commissioner of taxation and finance. The commissioner of taxation
34 and finance shall furnish to the commissioner a complete list of regis-
35 tered deposit initiators and shall continually update such list as
36 warranted. The commissioner shall share any information with the commis-
37 sioner of taxation and finance that is necessary for the administration
38 of this subdivision.
39 b. The commissioner of taxation and finance shall have the authority
40 to revoke or refuse to renew any registration issued pursuant to this
41 subdivision when he or she has determined or has been informed by the
42 commissioner that any of the provisions of this title or rules and regu-
43 lations promulgated thereunder have been violated. Such violations shall
44 include, but not be limited to, the failure to file quarterly reports,
45 the failure to make payments pursuant to this subdivision, the providing
46 of false or fraudulent information to either the department of taxation
47 and finance or the department, or knowingly aiding or abetting another
48 person in violating any of the provisions of this title. A notice of
49 proposed revocation or non-renewal shall be given to the deposit initi-
50 ator in the manner prescribed for a notice of deficiency of tax and all
51 the provisions applicable to a notice of deficiency under article twen-
52 ty-seven of the tax law shall apply to a notice issued pursuant to this
53 paragraph, insofar as such provisions can be made applicable to a notice
54 authorized by this paragraph, with such modifications as may be neces-
55 sary in order to adapt the language of such provisions to the notice
56 authorized by this paragraph. All such notices issued by the commission-
S. 59--B 74 A. 159--B
1 er of taxation and finance pursuant to this paragraph shall contain a
2 statement advising the deposit initiator that the revocation or non-re-
3 newal of registration may be challenged through a hearing process and
4 the petition for such a challenge must be filed with the commissioner of
5 taxation and finance within ninety days after such notice is issued. A
6 deposit initiator whose registration has been so revoked or not renewed
7 shall cease to do business as a deposit initiator in this state, until
8 this title has been complied with and a new registration has been
9 issued. Any deposit initiator whose registration has been so revoked may
10 not apply for registration for two years from the date such revocation
11 takes effect.
12 8. The commissioner of taxation and finance may require the mainte-
13 nance of such accounts, records or documents relating to the sale of
14 beverage containers, by any deposit initiator, bottler, distributor,
15 dealer or redemption center as such commissioner may deem appropriate
16 for the administration of this section. Such commissioner may make exam-
17 inations, including the conduct of facility inspections during regular
18 business hours, with respect to the accounts, records or documents
19 required to be maintained under this subdivision. Such accounts,
20 records and documents shall be preserved for a period of three years,
21 except that such commissioner may consent to their destruction within
22 that period or may require that they be kept longer. Such accounts,
23 records and documents may be kept within the meaning of this subdivision
24 when reproduced by any photographic, photostatic, microfilm, micro-card,
25 miniature photographic or other process which actually reproduces the
26 original accounts, records or documents.
27 9. a. Any person required to be registered under this section who,
28 without being so registered, sells or offers for sale beverage contain-
29 ers in this state, in addition to any other penalty imposed by this
30 title, shall be subject to a penalty to be assessed by the commissioner
31 of taxation and finance in an amount not to exceed five hundred dollars
32 for the first day on which such sales or offers for sale are made, plus
33 an amount not to exceed five hundred dollars for each subsequent day on
34 which such sales or offers for sale are made, not to exceed twenty-five
35 thousand dollars in the aggregate.
36 b. Any deposit initiator who fails to maintain accounts or records
37 pursuant to this section, unless it is shown that such failure was due
38 to reasonable cause and not due to negligence or willful neglect, in
39 addition to any other penalty imposed by this title, shall be subject to
40 a penalty to be assessed by the commissioner of taxation and finance of
41 not more than one thousand dollars for each quarter during which such
42 failure occurred, and an additional penalty of not more than one thou-
43 sand dollars for each quarter such failure continues.
44 10. The provisions of article twenty-seven of the tax law shall apply
45 to the provisions of this title for which the commissioner of taxation
46 and finance is responsible, including collection of refund value
47 amounts, in the same manner and with the same force and effect as if the
48 language of such article had been incorporated in full into this section
49 except to the extent that any provision of such article is either incon-
50 sistent with a provision of this section or is not relevant to this
51 section as determined by the commissioner of taxation and finance.
52 Furthermore, for purposes of applying the provisions of article twenty-
53 seven of the tax law, where the terms "tax" and "taxes" appear in such
54 article, such terms shall be construed to mean "refund value" or
55 "balance in the refund value account".
S. 59--B 75 A. 159--B
1 11. If any deposit initiator fails or refuses to file a report or
2 furnish any information requested in writing by the department of taxa-
3 tion and finance or the department, the department of taxation and
4 finance with the assistance of the department may, from any information
5 in its possession, make an estimate of the deficiency and collect such
6 deficiency from such deposit initiator.
7 12. Beginning on June first, two thousand nine each deposit initiator
8 shall register the container label of any beverage offered for sale in
9 the state on which it initiates a deposit. Any such registered container
10 label shall bear a universal product code. Such universal product code
11 shall be New York state specific, in order to identify the beverage
12 container as offered for sale exclusively in New York state, and as a
13 means of preventing illegal redemption of beverage containers purchased
14 out-of-state. Registration must be on forms as prescribed by the
15 department and must include the universal product code for each combina-
16 tion of beverage and container manufactured. The commissioner may
17 require that such forms be filed electronically. The deposit initiator
18 shall renew a label registration whenever that label is revised by
19 altering the universal product code or whenever the container on which
20 it appears is changed in size, composition or glass color.
21 § 9. Section 27-1013 of the environmental conservation law, as amended
22 by chapter 149 of the laws of 1983, is amended to read as follows:
23 § 27-1013. Redemption centers.
24 The commissioner is hereby empowered to promulgate rules and regu-
25 lations governing (1) the circumstances in which dealers and distribu-
26 tors, individually or collectively, are required to accept the return of
27 empty beverage containers, and make payment therefor; (2) the sorting of
28 the containers which a deposit initiator or distributor may require of
29 dealers and redemption centers; (3) the [pick up] collection of returned
30 beverage containers by deposit initiators or distributors, including the
31 party to whom such expense is to be charged, the frequency of such pick
32 ups and the payment for refunds and handling fees thereon; (4) the right
33 of dealers to restrict or limit the number of containers redeemed, the
34 rules for redemption at the dealers' place of business, and the redemp-
35 tion of containers from a beverage for which sales have been discontin-
36 ued, and to issue permits to persons, firms or corporations which estab-
37 lish redemption centers, subject to applicable provisions of local and
38 state laws, at which redeemers and dealers may return empty beverage
39 containers and receive payment of the refund value of such beverage
40 containers. No dealer or distributor, as defined in section 27-1003 of
41 this title, shall be required to obtain a permit to operate a redemption
42 center at the same location as the dealer's or distributor's place of
43 business. Operators of such redemption centers shall receive payment of
44 the refund value of each beverage container from the appropriate
45 [manufacturer] deposit initiator or distributor as provided under
46 [sections] section 27-1007 [and 27-1009] of this title.
47 § 10. Section 27-1014 of the environmental conservation law, as added
48 by chapter 149 of the laws of 1983, is amended to read as follows:
49 § 27-1014. [Limitation on] Authority to promulgate rules and regu-
50 lations.
51 In addition to the authority of the commissioner, under sections
52 27-1009 and 27-1013 of this title, the commissioner shall [only have the
53 power to promulgate rules and regulations governing the initiation of
54 deposits, sale of beverages in containers through vending machines and
55 for on-premises consumption, record keeping, refunding for refillable
56 beverage containers, embossing, imprinting or labeling of refund values
S. 59--B 76 A. 159--B
1 and enforcement of the provisions of this section and sections 27-1009
2 and 27-1013 of this title] have the power to promulgate rules and regu-
3 lations necessary and appropriate [to] for the [implementation] adminis-
4 tration of this title.
5 § 11. Section 27-1015 of the environmental conservation law, as added
6 by chapter 200 of the laws of 1982, subdivision 1 as designated and
7 subdivision 2 as added by chapter 149 of the laws of 1983, is amended to
8 read as follows:
9 § 27-1015. Violations.
10 1. A violation of this title, except as otherwise provided in this
11 section and section 27-1012 of this title, shall be a public nuisance.
12 In addition, except as otherwise provided in this section and section
13 27-1012 of this title, any person who shall violate any provision of
14 this title shall be liable to the state of New York for a civil penalty
15 of not more than five hundred dollars, and an additional civil penalty
16 of not more than five hundred dollars for each day during which each
17 such violation continues. Any civil penalty may be assessed following a
18 hearing or opportunity to be heard.
19 2. Any distributor or deposit initiator who violates any provision of
20 this title, except as provided in section 27-1012 of this title, shall
21 be liable to the state of New York for a civil penalty of not more than
22 one thousand dollars, and an additional civil penalty of not more than
23 one thousand dollars for each day during which each such violation
24 continues. Any civil penalty may be assessed following a hearing or
25 opportunity to be heard.
26 3. It shall be unlawful for a distributor or deposit initiator, acting
27 alone or aided by another, to return any empty beverage [containers]
28 container to a dealer or redemption center for [their] its refund value
29 if the distributor or deposit initiator had previously accepted such
30 beverage [containers] container from any dealer or operator of a redemp-
31 tion center. A violation of this subdivision shall be a misdemeanor
32 punishable by a fine of not less than five hundred dollars nor more than
33 one thousand dollars and an amount equal to two times the amount of
34 money received as a result of such violation.
35 4. Any person who willfully tenders to a dealer, distributor, redemp-
36 tion center or deposit initiator more than forty-eight empty beverage
37 containers for which such person knows or should reasonably know that no
38 deposit was paid in New York state may be assessed by the department a
39 civil penalty of up to one hundred dollars for each container or up to
40 twenty-five thousand dollars for each such tender of containers. At each
41 location where a person tenders containers for redemption, dealers and
42 redemption centers must conspicuously display a sign in letters that are
43 at least one inch in height with the following information: "WARNING:
44 Persons tendering for redemption containers on which a deposit was never
45 paid in this state may be subject to a civil penalty of up to one
46 hundred dollars per container or up to twenty-five thousand dollars for
47 each such tender of containers." Any civil penalty may be assessed
48 following a hearing or opportunity to be heard.
49 5. The department, the department of agriculture and markets, the
50 department of taxation and finance and the attorney general are hereby
51 authorized to enforce the provisions of this title. In addition, the
52 provisions of section 27-1005 of this title and subdivisions one, two,
53 three, four, five, ten and eleven of section 27-1007 of this title may
54 be enforced by a county, city, town or village and the local legislative
55 body thereof may adopt local laws, ordinances or regulations consistent
56 with this title providing for the enforcement of such provisions.
S. 59--B 77 A. 159--B
1 § 12. The environmental conservation law is amended by adding a new
2 section 27-1016 to read as follows:
3 § 27-1016. Public education.
4 The commissioner shall establish a public education program to dissem-
5 inate information regarding implementation of this title. Such informa-
6 tion shall include, but not be limited to, publication of the New York
7 Bottle Bill of Rights as specified in subdivision two of section 27-1007
8 of this title; publication of information specifying the procedures
9 necessary to establish a redemption center as provided in section
10 27-1013 of this title, including information regarding financial assist-
11 ance available for the establishment of redemption centers as provided
12 in section 27-1018 of this title; publication of information delineating
13 the relevant rights and responsibilities of deposit initiators, distrib-
14 utors, dealers, redemption centers and redeemers under the provisions of
15 this title; publication of information regarding the requirement that
16 deposit initiators register with the department of taxation and finance;
17 and publication of information on the general benefits of recycling.
18 § 13. The environmental conservation law is amended by adding a new
19 section 27-1018 to read as follows:
20 § 27-1018. Beverage container assistance program.
21 Notwithstanding any other provision of law to the contrary, within the
22 limits of appropriations therefor, the commissioner shall make state
23 assistance payments to municipalities, businesses and not-for-profit
24 organizations located in the state for the cost of reverse vending
25 machines located or to be located in the state. Such state assistance
26 payments shall not exceed fifty percent of the costs of equipment,
27 and/or the acquisition and/or rehabilitation of real property or struc-
28 tures located or to be located in the state related to the collecting,
29 sorting, and packaging of empty beverage containers subject to the
30 provisions of this title. Such payments may include costs related to the
31 establishment of redemption centers, including mobile redemption
32 centers. For the purposes of this section, municipalities and not-for-
33 profit organizations shall have the meaning as defined in section
34 54-0101 of this chapter and businesses shall mean a dealer, distributor
35 or redemption center as defined in this title that employs less than
36 fifty employees.
37 § 14. Paragraph h of subdivision 1 of section 261 of the economic
38 development law, as amended by chapter 471 of the laws of 1998, is
39 amended to read as follows:
40 h. "Eligible project" shall mean actions taken by or on behalf of a
41 New York business involving the acquisition, construction, alteration,
42 repair or improvement of a building, fixtures, machinery or equipment,
43 provided that such project results in:
44 (i) source reduction or material substitution, provided that the
45 substitution of one hazardous substance, product or nonproduct output
46 for another does not result in the creation of a new risk,
47 (ii) in-process recycling,
48 (iii) recycling or reuse of non-hazardous solid wastes,
49 (iv) increased energy efficiency,
50 (v) conservation of the use of water or other natural resources
51 improvements in process economics,
52 (vi) elimination of the purchase of materials, the production of which
53 for the use of said firm would result in more waste or resource consump-
54 tion, or
55 (vii) other practices or technologies that reduce the use of hazardous
56 materials or otherwise improve air or water quality.
S. 59--B 78 A. 159--B
1 The term "eligible project" shall also include actions taken by or on
2 behalf of a business to support costs of equipment, and/or the acquisi-
3 tion and/or rehabilitation of real property or structures located or to
4 be located in the state related to the collecting, sorting, and packag-
5 ing of empty beverage containers as such terms are defined in title ten
6 of article twenty-seven of the environmental conservation law. Such
7 actions shall be eligible for state assistance payments under the bever-
8 age container assistance program pursuant to section 27-1018 of the
9 environmental conservation law.
10 The term "eligible project" shall not include end of pipe pollution
11 control technologies or practices where such controls or practices are
12 designed primarily to achieve compliance with the environmental conser-
13 vation law or regulations promulgated pursuant thereto, or energy recov-
14 ery or incineration, or out-of-process recycling or reuse of hazardous
15 waste or hazardous substances.
16 § 15. Subdivisions 1 and 4 of section 54-0701 of the environmental
17 conservation law, subdivision 1 as amended by chapter 146 of the laws of
18 2000, subdivision 4 as added by chapter 610 of the laws of 1993, are
19 amended to read as follows:
20 1. "Cost" means the capital cost of a municipal recycling project
21 including engineering and architectural services, surveys, plans and
22 specifications; consultant and legal services; lands acquired pursuant
23 to the conditions set forth in section 54-0709 of this title, and other
24 direct capital expenses incident to such a project, less any federal
25 assistance or other assistance received or to be received. "Cost" shall
26 also include the capital, planning and promotional costs associated with
27 waste reduction projects, the costs related to household hazardous waste
28 collection and disposal programs, and the costs related to planning,
29 educational and promotional activities associated with a recyclables
30 recovery program. "Cost" shall also include beverage container assist-
31 ance program grants to municipalities and not-for-profit organizations
32 pursuant to section 27-1018 of this chapter. Provided, however, "cost"
33 shall exclude any cost incurred prior to April first, nineteen hundred
34 ninety-three, and shall further exclude costs related to planning,
35 educational and promotional activities associated with a recyclables
36 recovery program incurred prior to April first, two thousand.
37 4. "Recycling project" means recyclables recovery equipment, source
38 separation equipment, a recyclables recovery program or any combination
39 thereof required by a recyclables recovery program and the reimbursement
40 to municipalities and not-for-profit corporations, as such terms are
41 defined in section 54-0101 of this article, for the cost of a redemption
42 center as defined in section 27-1003 of this chapter.
43 § 16. This act shall take effect immediately, provided however, that:
44 1. sections two and three of this act shall take effect April 1, 2009;
45 2. sections four, five, six, seven, nine, and eleven of this act shall
46 take effect June 1, 2009; and
47 3. section eight of this act shall take effect on April 1, 2009 except
48 that the requirements to make deposits, file reports and make with-
49 drawals and payments under section 27-1012 of the environmental conser-
50 vation law, as added by section eight of this act, with respect to
51 containers defined as beverage containers prior to April 1, 2009, shall
52 first apply to the period beginning on April 15, 2009 and ending May 31,
53 2009, and with respect to all other beverage containers shall first
54 apply to the period beginning on June 1, 2009 and ending August 31,
55 2009, provided that such other beverage containers will not be required
56 to have a refund value as required under section 27-1005 of the environ-
S. 59--B 79 A. 159--B
1 mental conservation law, as added by section four of this act until June
2 1, 2009. However, no refunds shall be paid to a deposit initiator
3 pursuant to paragraph b of subdivision 4 of section 27-1012 of the envi-
4 ronmental conservation law, as added by section eight of this act prior
5 to March 1, 2010.
Updated
April 20, 2009
