Bill S247-2009

Relates to reverse vending machines

Relates to reverse vending machines; defines "reverse vending machine" to mean a device that accepts used, empty beverage containers and, when a consumer has placed all of his or her containers into such device, issues a receipt that can be redeemed for the refund value for such beverage containers, at the place of business of the dealer.

Details

Actions

  • Jan 6, 2010: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jan 7, 2009: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

 BILL NUMBER:  S247

TITLE OF BILL : An act to amend the environmental conservation law, in relation to reverse vending machines

PURPOSE : This bill relates to the number of reverse vending machines required based on square footage.

SUMMARY OF PROVISIONS : Section 1. Amends section 27-1003 to define a reverse vending machine.

Section 2. Amends subdivision 1 of section 27-1007 of the Environmental Conservation Law, to define the size of beverage dealer and the number of reverse vending machines required.

Section 3. Effective date

JUSTIFICATION : New York State's Bottle bill was enacted to encourage recycling and limit litter. Since its enactment, however, the variety of dealers who market beverages has significantly changed. Today many beverages are sold in "big box" stores. Most of these stores make it difficult for the consumer to return empty beverage containers by not having designated return areas or reverse vending machines

This legislation will ensure that large stores that sell beverages will have a consumer friendly area to return beverage containers. This will increase New York's recycling rate.

LEGISLATIVE HISTORY : 2007-2008: S.8668 Referred to Rules; A.10637-C passed the Assembly

FISCAL IMPLICATIONS : None

EFFECTIVE DATE : 180 days after enactment; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Text

STATE OF NEW YORK ________________________________________________________________________ 247 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to reverse vending machines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 27-1003 of the environmental conservation law is amended by adding a new subdivision 9-a to read as follows: 9-A. "REVERSE VENDING MACHINE" MEANS AN AUTOMATED DEVICE THAT USES A LASER SCANNER, MICROPROCESSOR, OR OTHER TECHNOLOGY TO ACCURATELY RECOG- NIZE THE UNIVERSAL PRODUCT CODE (UPC) ON CONTAINERS TO DETERMINE IF THE CONTAINER IS REDEEMABLE AND ACCUMULATES INFORMATION REGARDING CONTAINERS REDEEMED, INCLUDING THE NUMBER OF SUCH CONTAINERS REDEEMED, THEREBY ENABLING THE REVERSE VENDING MACHINE TO ACCEPT CONTAINERS FROM REDEEMERS AND TO ISSUE A SCRIP OR RECEIPT FOR THEIR REFUND VALUE. S 2. Subdivision 1 of section 27-1007 of the environmental conserva- tion law, as added by chapter 200 of the laws of 1982, is amended to read as follows: 1. (A) A dealer shall accept at his OR HER place of business from a redeemer any empty beverage containers of the design, shape, size, color, composition and brand sold by the dealer, and shall pay to the redeemer the refund value of each such beverage container as established by section 27-1005 of this title. (B) A DEPOSIT INITIATOR SHALL ACCEPT THE ACCOUNTING OF DEPOSITS UTILIZED BY THE DEALER. (C) (I) A DEALER WHOSE PLACE OF BUSINESS IS PART OF A CHAIN ENGAGED IN THE SAME GENERAL FIELD OF BUSINESS WHICH OPERATES TEN OR MORE UNITS IN THIS STATE UNDER COMMON OWNERSHIP AND WHOSE BUSINESS IS FORTY THOUSAND THROUGH SIXTY THOUSAND SQUARE FEET SHALL INSTALL AND MAINTAIN AT LEAST THREE REVERSE VENDING MACHINES AT THE DEALER'S PLACE OF BUSINESS; (II) A
DEALER WHOSE PLACE OF BUSINESS IS PART OF A CHAIN ENGAGED IN THE SAME GENERAL FIELD OF BUSINESS WHICH OPERATES TEN OR MORE UNITS IN THIS STATE UNDER COMMON OWNERSHIP AND WHOSE BUSINESS EXCEEDS SIXTY THOUSAND SQUARE FEET SHALL INSTALL AND MAINTAIN AT LEAST FOUR REVERSE VENDING MACHINES AT THE DEALER'S PLACE OF BUSINESS; (III) A DEALER WHOSE PLACE OF BUSI- NESS IS PART OF A CHAIN ENGAGED IN THE SAME GENERAL FIELD OF BUSINESS WHICH OPERATES TEN OR MORE UNITS IN THIS STATE UNDER COMMON OWNERSHIP AND WHOSE BUSINESS EXCEEDS EIGHTY-FIVE THOUSAND SQUARE FEET SHALL INSTALL AND MAINTAIN AT LEAST EIGHT REVERSE VENDING MACHINES AT THE DEALER'S PLACE OF BUSINESS. PROVIDED HOWEVER, THAT THIS PARAGRAPH SHALL NOT APPLY TO A DEALER THAT SELLS ONLY REFRIGERATED BEVERAGE CONTAINERS LESS THAN SIXTEEN OUNCES WHERE EACH BEVERAGE CONTAINER IS SOLD AS AN INDIVIDUAL CONTAINER THAT IS NOT CONNECTED TO OR PACKAGED WITH ANY OTHER BEVERAGE CONTAINER. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.

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