S T A T E   O F   N E W   Y O R K
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                                 136--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  mandatory acceptance of empty beverage containers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 and subdivision 2 of section
27-1007  of the environmental conservation law, as added by section 4 of
part SS of chapter 59 of the laws  of  2009,  are  amended  to  read  as
follows:
  (a)  A  dealer  shall accept at his or her place of business, PROVIDED
THAT SUCH PLACE OF BUSINESS IS NOT LESS THAN TWO THOUSAND SQUARE FEET OR
SUCH PLACE OF BUSINESS IS NOT LESS THAN FIVE THOUSAND SQUARE  FEET  WHEN
LICENSED  UNDER  ARTICLE  TWENTY-C OF THE AGRICULTURE AND MARKETS LAW OR
THAT SUCH PLACE OF BUSINESS IS NOT LOCATED IN A CITY WITH  A  POPULATION
OF ONE MILLION OR MORE, from a redeemer any empty beverage containers of
the  design,  shape,  size, color, composition and brand sold or offered
for sale by the dealer, and shall pay to the redeemer the  refund  value
of  each  such  beverage  container as established in section 27-1005 of
this title. Redemptions of refund value must be in legal  tender,  or  a
scrip or receipt from a reverse vending machine, provided that the scrip
or  receipt  can  be exchanged for legal tender for a period of not less
than sixty days without requiring the purchase of other goods.  The  use
or  presence  of a reverse vending machine shall not relieve a dealer of
any obligations imposed pursuant to this section. If a dealer utilizes a
reverse vending machine to redeem containers, the dealer  shall  provide
redemption  of  beverage  containers when the reverse vending machine is
full, broken, under repair  or  does  not  accept  a  type  of  beverage

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00707-03-5

S. 136--A                           2

container  sold or offered for sale by such dealer and may not limit the
hours or days of redemption except as provided by subdivision  three  of
this section.
  2.  A dealer shall post a conspicuous sign, at the point of sale, that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
         THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK  STATE  RETURNABLE  CONTAINER
ACT:
  THE  RIGHT  to  return your empties for refund to any dealer who sells
the same brand, type and size, whether you bought the beverage from  the
dealer  or  not, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS LARGER THAN
TWO THOUSAND SQUARE FEET OR SUCH DEALER'S PLACE OF  BUSINESS  IS  LARGER
THAN  FIVE  THOUSAND SQUARE FEET WHEN LICENSED UNDER ARTICLE TWENTY-C OF
THE AGRICULTURE AND MARKETS LAW OR THAT SUCH PLACE OF  BUSINESS  IS  NOT
LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  It is ille-
gal to return containers for refund that you did not pay a deposit on in
New York state.
  THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
purchase.
  THE RIGHT to return your empties any day, any  hour,  except  for  the
first  and  last hour of the dealer's business day (empty containers may
be redeemed at any time in 24-hour stores).
  THE RIGHT to return your containers if  they  are  empty  and  intact.
Washing  containers  is not required by law, but is strongly recommended
to maintain sanitary conditions.
  The New York state returnable container act can be enforced by the New
York state department of environmental conservation, the New York  state
department  of agriculture and markets, the New York state department of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such sign must be no less than eight inches by ten inches in size  and
have  lettering a minimum of one quarter inch high, and of a color which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations of this title. The telephone number shall be  listed  on  any
sign required by this section.
  S 2. This act shall take effect immediately.