New York 2007 bill text

A 8044

The following text was found at http://assembly.state.ny.us/leg/?bn=A08044&sh=t
The identical Senate bill can be found at http://assembly.state.ny.us/leg/?bn=S05850&sh=t

 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 -- Multi-Sponsored by -- M.  of  A.  BOYLAND,  CHRISTENSEN,
         CLARK,  L. DIAZ,  FARRELL, GLICK, D. GORDON, HEVESI, JACOBS, JEFFRIES,
         LUPARDO, MAYERSOHN, McENENY, PHEFFER, THIELE, WEINSTEIN -- (at request
         of the Governor) -- read once and referred to the Committee  on  Envi-
         ronmental Conservation

       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
   11  disposed of at increasing public expense. Beverage  {bottles  and  cans}
   12  CONTAINERS  also create an unnecessary addition to the state`s and muni-
   13  cipalities`  already  overburdened  solid  waste  and  refuse   disposal
   14  systems.    Unsegregated  disposal of such {bottles and cans} CONTAINERS

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.
                                                                  LBD12026-03-7

       A. 8044                             2

    1  creates an impediment to the efficient operation  of  resource  recovery
    2  plants.  Further,  the legislature finds that the uninhibited discard of
    3  beverage containers constitutes a  waste  of  both  mineral  and  energy
    4  resources.  The legislature hereby finds that requiring a deposit on all
    5  beverage containers, along with  certain  other  facilitating  measures,
    6  will  provide  a  necessary incentive for the economically efficient and
    7  environmentally benign collection and recycling of such containers.
    8    S 2.  Subdivisions 1 and 2 of section  27-1003  of  the  environmental
    9  conservation law, subdivision 1 as amended by chapter 778 of the laws of
   10  1988  and  subdivision  2 as amended by chapter 546 of the laws of 1986,
   11  are amended to read as follows:
   12    1. "Beverage" means  {carbonated  soft  drinks,  mineral  water,  soda
   13  water,  beer,  other  malt  beverages  and  a wine product as defined in
   14  subdivision thirty-six-a of section  three  of  the  alcoholic  beverage
   15  control  law.  "Malt beverages" means any beverage obtained by the alco-
   16  holic fermentation or infusion or decoction of barley,  malt,  hops,  or
   17  other  wholesome grain or cereal and water including, but not limited to
   18  ale, stout or malt liquor.} ALL CARBONATED AND NON-CARBONATED DRINKS  IN
   19  LIQUID  FORM  AND  INTENDED  FOR  INTERNAL  HUMAN  CONSUMPTION. THE TERM
   20  "BEVERAGE" SHALL NOT INCLUDE:
   21    A. MILK AND DAIRY DERIVED PRODUCTS.  "MILK"  MEANS  WHOLE  MILK,  SKIM
   22  MILK,  LOW-FAT  MILK, CREAM, CULTURED MILK, YOGURT OR ANY COMBINATION OF
   23  THOSE PRODUCTS. THE TERM "DAIRY DERIVED PRODUCTS" INCLUDES  ANY  PRODUCT
   24  OF  WHICH MORE THAN FIFTY PERCENT OF THE INGREDIENTS ARE MILK, MILK FAT,
   25  CULTURED MILK OR YOGURT;
   26    B. RICE MILK OR SOY MILK;
   27    C. INFANT FORMULA;
   28    D. ALCOHOLIC BEVERAGES OTHER THAN BEER, OTHER MALT BEVERAGES AND  WINE
   29  PRODUCTS  AS DEFINED IN SUBDIVISION THIRTY-SIX-A OF SECTION THREE OF THE
   30  ALCOHOLIC BEVERAGE CONTROL LAW.  "MALT  BEVERAGES"  MEANS  ANY  BEVERAGE
   31  OBTAINED  BY  THE  ALCOHOLIC  FERMENTATION  OR  INFUSION OR DECOCTION OF
   32  BARLEY, MALT, HOPS, OR OTHER WHOLESOME GRAIN OR CEREAL AND WATER INCLUD-
   33  ING, BUT NOT LIMITED TO ALE, STOUT OR MALT LIQUOR;
   34    E. A LIQUID THAT IS A SYRUP, IN  A  CONCENTRATED  FORM,  OR  TYPICALLY
   35  ADDED  AT LESS THAN FIVE PERCENT AS A MINOR FLAVORING INGREDIENT IN FOOD
   36  OR DRINK, SUCH AS EXTRACTS, COOKING ADDITIVES, SAUCES OR CONDIMENTS;
   37    F. A LIQUID THAT IS A MEDICAL PRESCRIPTION  OR  OVER-THE-COUNTER  DRUG
   38  REGULATED BY THE FOOD AND DRUG ADMINISTRATION AND CONSUMED FOR MEDICINAL
   39  PURPOSES ONLY;
   40    G.  A  LIQUID  THAT IS (I) A DIETARY SUPPLEMENT AS DEFINED BY THE FOOD
   41  AND DRUG ADMINISTRATION EXCEPT ONE THAT  IS  DESIGNED,  MARKETED  AND/OR
   42  INTENDED  TO  BE  CONSUMED  AS  A BEVERAGE SUCH AS A SPORTS OR HYDRATION
   43  DRINK, OR (II) DESIGNED, MARKETED AND/OR INTENDED TO BE  CONSUMED  AS  A
   44  MEAL OR MEAL SUBSTITUTE AS PART OF A WEIGHT LOSS PROGRAM, SUCH AS A DIET
   45  SHAKE;
   46    H. PRODUCTS FROZEN AT THE TIME OF SALE;
   47    I. PRODUCTS DESIGNED TO BE CONSUMED IN A FROZEN STATE;
   48    J. INSTANT DRINK POWDERS; AND
   49    K. SEAFOOD, MEAT OR VEGETABLE BROTHS, OR SOUPS.
   50    2.  "Beverage container" means the individual, separate, sealed glass,
   51  metal, aluminum, steel or plastic bottle, can or jar used for containing
   52  LESS THAN one gallon or {3.8} 3.78 liters {or less} at the time of  sale
   53  OR  OFFER FOR SALE of a beverage intended for use or consumption in this
   54  state. Beverage containers sold  or  OFFERED  FOR  SALE  OR  distributed
   55  aboard  aircraft  or  ships  shall  be considered as intended for use or
   56  consumption outside this state.

       A. 8044                             3

    1    S 3. Subdivisions 6 and 9 of  section  27-1003  of  the  environmental
    2  conservation  law,  as  added  by  chapter  200 of the laws of 1982, are
    3  amended and four new subdivisions 2-a, 5-a, 12 and 13 are added to  read
    4  as follows:
    5    2-A. "BOTTLER" MEANS A PERSON WHO:
    6    A.  BOTTLES, CANS OR OTHERWISE PACKAGES BEVERAGES IN BEVERAGE CONTAIN-
    7  ERS EXCEPT THAT IF SUCH PACKAGING IS FOR A DISTRIBUTOR HAVING THE  RIGHT
    8  TO  BOTTLE,  CAN  OR  OTHERWISE PACKAGE THE SAME BRAND OF BEVERAGE, THEN
    9  SUCH DISTRIBUTOR SHALL BE THE BOTTLER; OR
   10    B. IMPORTS FILLED BEVERAGE CONTAINERS INTO THE UNITED STATES.
   11    5-A. A "DEPOSIT INITIATOR" FOR EACH BEVERAGE  CONTAINER  FOR  WHICH  A
   12  REFUND VALUE IS ESTABLISHED UNDER SECTION 27-1005 OF THIS TITLE MEANS:
   13    A. THE BOTTLER OF THE BEVERAGE IN SUCH CONTAINER;
   14    B. THE DISTRIBUTOR OF SUCH CONTAINER IF SUCH DISTRIBUTOR`S PURCHASE OF
   15  SUCH CONTAINER WAS NOT, DIRECTLY OR INDIRECTLY, FROM A REGISTERED DEPOS-
   16  IT INITIATOR;
   17    C.  A  DEALER  OF  SUCH  CONTAINER  WHO  SELLS OR OFFERS FOR SALE SUCH
   18  CONTAINER IN THIS STATE, WHOSE  PURCHASE  OF  SUCH  CONTAINER  WAS  NOT,
   19  DIRECTLY OR INDIRECTLY, FROM A REGISTERED DEPOSIT INITIATOR; OR
   20    D. AN AGENT ACTING ON BEHALF OF A REGISTERED DEPOSIT INITIATOR.
   21    6.    "Distributor"  means  any  person,  firm  or  corporation  which
   22  {bottles, cans or otherwise fills or packages  beverage  containers,  or
   23  which}  engages  in  the  sale  OR OFFER FOR SALE of {such} BEVERAGES IN
   24  BEVERAGE containers to a dealer.
   25    9. "Redemption center" means any {establishment offering  to  pay  the
   26  refund  value of a beverage container} PERSON OFFERING TO PAY THE REFUND
   27  VALUE OF AN EMPTY BEVERAGE CONTAINER TO A REDEEMER, OR  ANY  PERSON  WHO
   28  CONTRACTS  WITH ONE OR MORE DEALERS OR DISTRIBUTORS TO COLLECT, SORT AND
   29  OBTAIN THE REFUND VALUE AND HANDLING FEE OF  EMPTY  BEVERAGE  CONTAINERS
   30  FOR, OR ON BEHALF OF, SUCH DEALER OR DISTRIBUTOR under the provisions of
   31  section 27-1013 of this title.
   32    12.  "REVERSE  VENDING  MACHINE" MEANS AN AUTOMATED DEVICE THAT USES A
   33  LASER SCANNER, MICROPROCESSOR, OR OTHER TECHNOLOGY TO ACCURATELY  RECOG-
   34  NIZE  THE UNIVERSAL PRODUCT CODE (UPC) ON CONTAINERS TO DETERMINE IF THE
   35  CONTAINER IS REDEEMABLE AND ACCUMULATES INFORMATION REGARDING CONTAINERS
   36  REDEEMED, INCLUDING THE NUMBER  OF  SUCH  CONTAINERS  REDEEMED,  THEREBY
   37  ENABLING THE REVERSE VENDING MACHINE TO ACCEPT CONTAINERS FROM REDEEMERS
   38  AND TO ISSUE A SCRIP OR RECEIPT FOR THEIR REFUND VALUE.
   39    13. "UNIVERSAL PRODUCT CODE OR UPC CODE" MEANS A STANDARD FOR ENCODING
   40  A  SET  OF  LINES  AND  SPACES  THAT CAN BE SCANNED AND INTERPRETED INTO
   41  NUMBERS TO IDENTIFY A PRODUCT. UNIVERSAL PRODUCT CODE MAY ALSO MEAN  ANY
   42  ACCEPTED  INDUSTRY BARCODE WHICH REPLACES THE UPC CODE INCLUDING BUT NOT
   43  LIMITED TO UNIVERSAL PRODUCT CODE (UPC), EAN AND OTHER CODES THAT MAY BE
   44  USED TO IDENTIFY A PRODUCT.
   45    S 4. Sections 27-1005 and 27-1007 of  the  environmental  conservation
   46  law  are  REPEALED and two new sections 27-1005 and 27-1007 are added to
   47  read as follows:
   48    S 27-1005. REFUND VALUE.
   49    NO PERSON SHALL SELL OR OFFER FOR SALE A BEVERAGE  CONTAINER  IN  THIS
   50  STATE  UNLESS  THE  DEPOSIT  ON  SUCH  BEVERAGE CONTAINER IS OR HAS BEEN
   51  COLLECTED BY A REGISTERED DEPOSIT INITIATOR AND  UNLESS  SUCH  CONTAINER
   52  HAS  A  REFUND  VALUE OF NOT LESS THAN FIVE CENTS WHICH IS CLEARLY INDI-
   53  CATED THEREON AS PROVIDED IN SECTION 27-1011 OF THIS TITLE.
   54    S 27-1007. MANDATORY ACCEPTANCE.
   55    EXCEPT AS PROVIDED IN SECTION 27-1009 OF THIS TITLE:

       A. 8044                             4

    1    1. A DEALER SHALL ACCEPT AT HIS  OR  HER  PLACE  OF  BUSINESS  FROM  A
    2  REDEEMER  ANY  EMPTY  BEVERAGE  CONTAINERS  OF  THE DESIGN, SHAPE, SIZE,
    3  COLOR, COMPOSITION AND BRAND SOLD OR OFFERED FOR SALE BY THE DEALER, AND
    4  SHALL PAY TO THE  REDEEMER  THE  REFUND  VALUE  OF  EACH  SUCH  BEVERAGE
    5  CONTAINER  AS  ESTABLISHED IN SECTION 27-1005 OF THIS TITLE. REDEMPTIONS
    6  OF REFUND VALUE MUST BE IN LEGAL TENDER, OR A SCRIP OR  RECEIPT  FROM  A
    7  REVERSE  VENDING  MACHINE,  PROVIDED  THAT  THE  SCRIP OR RECEIPT CAN BE
    8  EXCHANGED FOR LEGAL TENDER FOR A PERIOD OF  NOT  LESS  THAN  SIXTY  DAYS
    9  WITHOUT REQUIRING THE PURCHASE OF OTHER GOODS.  THE USE OR PRESENCE OF A
   10  REVERSE  VENDING  MACHINE  SHALL NOT RELIEVE A DEALER OF ANY OBLIGATIONS
   11  IMPOSED PURSUANT TO THIS SECTION.  IF A DEALER UTILIZES A REVERSE  VEND-
   12  ING MACHINE TO REDEEM CONTAINERS, THE DEALER SHALL PROVIDE REDEMPTION OF
   13  BEVERAGE  CONTAINERS  WHEN  THE REVERSE VENDING MACHINE IS FULL, BROKEN,
   14  UNDER REPAIR OR DOES NOT ACCEPT A TYPE OF  BEVERAGE  CONTAINER  SOLD  OR
   15  OFFERED  FOR  SALE BY SUCH DEALER AND MAY NOT LIMIT THE HOURS OR DAYS OF
   16  REDEMPTION EXCEPT AS PROVIDED BY SUBDIVISION THREE OF THIS SECTION.    A
   17  DEALER  WHOSE  PLACE  OF BUSINESS IS AT LEAST FIFTY THOUSAND SQUARE FEET
   18  WHICH DOES NOT UTILIZE REVERSE VENDING MACHINES TO PROCESS EMPTY  BEVER-
   19  AGE  CONTAINERS FOR REDEMPTION SHALL: (A) ESTABLISH AND MAINTAIN A DEDI-
   20  CATED AREA WITHIN  SUCH  BUSINESS  TO  ACCEPT  BEVERAGE  CONTAINERS  FOR
   21  REDEMPTION;  (B)  ADEQUATELY  STAFF  SUCH  AREA  TO FACILITATE EFFICIENT
   22  ACCEPTANCE AND PROCESSING OF SUCH CONTAINERS DURING BUSINESS HOURS;  AND
   23  (C)  POST ONE OR MORE CONSPICUOUS SIGNS CONFORMING TO THE SIZE AND COLOR
   24  REQUIREMENTS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION AT EACH PUBLIC
   25  ENTRANCE TO THE BUSINESS WHICH DESCRIBES IN THE BUSINESS THE  REDEMPTION
   26  AREA IS LOCATED. THE COMMISSIONER MAY ESTABLISH IN RULES AND REGULATIONS
   27  ADDITIONAL STANDARDS FOR THE EFFICIENT PROCESSING OF BEVERAGE CONTAINERS
   28  BY  SUCH DEALERS.   ON ANY DAY THAT A DEALER IS OPEN FOR LESS THAN TWEN-
   29  TY-FOUR HOURS, THE DEALER MAY RESTRICT OR REFUSE THE PAYMENT  OF  REFUND
   30  VALUES DURING THE FIRST AND LAST HOUR THE DEALER IS OPEN FOR BUSINESS.
   31    2.  A  DEALER SHALL POST A CONSPICUOUS SIGN, AT THE POINT OF SALE THAT
   32  STATES:
   33                       "NEW YORK BOTTLE BILL OF RIGHTS

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

   36  YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK  STATE  RETURNABLE  CONTAINER
   37  ACT:
   38    THE  RIGHT  TO  RETURN YOUR EMPTIES FOR REFUND TO ANY DEALER WHO SELLS
   39  THE SAME BRAND, TYPE AND SIZE, WHETHER YOU BOUGHT THE BEVERAGE FROM  THE
   40  DEALER  OR  NOT. IT IS ILLEGAL TO RETURN CONTAINERS FOR REFUND THAT WERE
   41  PURCHASED OUTSIDE OF NEW YORK STATE.
   42    THE RIGHT TO GET  YOUR  DEPOSIT  REFUND  IN  CASH,  WITHOUT  PROOF  OF
   43  PURCHASE.
   44    THE  RIGHT  TO RETURN YOUR EMPTIES ANY DAY, ANY HOUR, EXCEPT THE FIRST
   45  AND LAST HOURS OF THE DEALER`S BUSINESS DAY  (EMPTY  CONTAINERS  MAY  BE
   46  REDEEMED AT ANY TIME IN 24-HOUR STORES).
   47    THE  RIGHT  TO  RETURN  YOUR  CONTAINERS IF THEY ARE EMPTY AND INTACT.
   48  WASHING CONTAINERS IS NOT REQUIRED BY LAW, BUT IS  STRONGLY  RECOMMENDED
   49  TO MAINTAIN SANITARY CONDITIONS.
   50    THE NEW YORK STATE RETURNABLE CONTAINER ACT CAN BE ENFORCED BY THE NEW
   51  YORK  STATE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION (NYSDEC), THE NEW
   52  YORK STATE DEPARTMENT OF TAXATION AND FINANCE, THE NEW YORK STATE ATTOR-
   53  NEY GENERAL AND/OR BY YOUR LOCAL GOVERNMENT."

       A. 8044                             5

    1    SUCH SIGN MUST BE NO LESS THAN EIGHT INCHES BY TEN INCHES IN SIZE  AND
    2  HAVE  LETTERING A MINIMUM OF ONE QUARTER INCH HIGH, AND OF A COLOR WHICH
    3  CONTRASTS WITH THE BACKGROUND.   THE DEPARTMENT SHALL  MAINTAIN  A  TOLL
    4  FREE  TELEPHONE  NUMBER FOR A "BOTTLE BILL COMPLAINT LINE" THAT SHALL BE
    5  AVAILABLE  FROM  9:00  A.M.  TO  5:00  P.M. EACH BUSINESS DAY TO RECEIVE
    6  REPORTS OF VIOLATIONS OF THIS TITLE. THE TELEPHONE NUMBER SHALL BE LIST-
    7  ED ON ANY SIGN REQUIRED BY THIS SECTION.
    8    3. ON OR AFTER AUGUST FIRST, TWO THOUSAND EIGHT,  IN  A  CITY  WITH  A
    9  POPULATION  GREATER  THAN  ONE MILLION, A DEALER MAY LIMIT THE NUMBER OF
   10  EMPTY BEVERAGE CONTAINERS TO BE ACCEPTED FOR REDEMPTION AT THE  DEALER`S
   11  PLACE  OF BUSINESS TO NO LESS THAN SEVENTY-TWO CONTAINERS PER VISIT, PER
   12  REDEEMER, PER DAY, PROVIDED THAT:
   13    A. THE DEALER HAS A WRITTEN AGREEMENT WITH A REDEMPTION CENTER, BE  IT
   14  EITHER  AT  A  FIXED PHYSICAL LOCATION WITHIN THE SAME COUNTY AND WITHIN
   15  ONE-HALF MILE OF THE DEALER`S PLACE OF BUSINESS, OR A MOBILE  REDEMPTION
   16  CENTER,  OPERATED  BY  A  REDEMPTION  CENTER,  THAT  IS  LOCATED  WITHIN
   17  ONE-QUARTER MILE OF THE DEALER`S PLACE  OF  BUSINESS.    THE  REDEMPTION
   18  CENTER  MUST HAVE A WRITTEN AGREEMENT WITH THE DEALER TO ACCEPT CONTAIN-
   19  ERS ON BEHALF OF THE DEALER; AND THE REDEMPTION CENTER`S HOURS OF OPERA-
   20  TION MUST COVER AT LEAST 9:00 A.M. THROUGH 7:00 P.M.  DAILY  OR  IN  THE
   21  CASE OF A MOBILE REDEMPTION CENTER, THE HOURS OF OPERATION MUST COVER AT
   22  LEAST  FOUR CONSECUTIVE HOURS BETWEEN 8:00 A.M. AND 8:00 P.M. DAILY. THE
   23  DEALER MUST POST A CONSPICUOUS, PERMANENT SIGN,  MEETING  THE  SIZE  AND
   24  COLOR  SPECIFICATIONS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OPEN
   25  TO PUBLIC VIEW, IDENTIFYING THE LOCATION AND HOURS OF OPERATION  OF  THE
   26  AFFILIATED REDEMPTION CENTER OR MOBILE REDEMPTION CENTER; OR
   27    B.  THE  DEALER  PROVIDES, AT A MINIMUM, A CONSECUTIVE TWO HOUR PERIOD
   28  BETWEEN 7:00 A.M. AND 7:00 P.M. DAILY WHEREBY THE DEALER WILL ACCEPT  UP
   29  TO  TWO  HUNDRED  FORTY  CONTAINERS,  PER REDEEMER, PER DAY, AND POSTS A
   30  CONSPICUOUS, PERMANENT SIGN, MEETING THE SIZE AND  COLOR  SPECIFICATIONS
   31  SET  FORTH  IN SUBDIVISION TWO OF THIS SECTION, OPEN TO THE PUBLIC VIEW,
   32  IDENTIFYING THOSE HOURS. THE DEALER MAY NOT CHANGE THE HOURS OF  REDEMP-
   33  TION WITHOUT FIRST POSTING A THIRTY DAY NOTICE; OR
   34    C.  THE DEALER`S PRIMARY BUSINESS IS THE SALE OF FOOD OR BEVERAGES FOR
   35  CONSUMPTION OFF-PREMISES, AND THE DEALER`S PLACE  OF  BUSINESS  IS  LESS
   36  THAN TEN THOUSAND SQUARE FEET IN SIZE.
   37    4.  A  DEPOSIT  INITIATOR  SHALL ACCEPT FROM A DEALER OR OPERATOR OF A
   38  REDEMPTION CENTER ANY EMPTY BEVERAGE CONTAINERS OF  THE  DESIGN,  SHAPE,
   39  SIZE,  COLOR,  COMPOSITION  AND  BRAND  SOLD  OR OFFERED FOR SALE BY THE
   40  DEPOSIT INITIATOR, AND SHALL PAY THE DEALER OR OPERATOR OF A  REDEMPTION
   41  CENTER  THE  REFUND VALUE OF EACH SUCH BEVERAGE CONTAINER AS ESTABLISHED
   42  BY SECTION 27-1005 OF THIS TITLE.  A DEPOSIT INITIATOR SHALL ACCEPT  AND
   43  REDEEM  ALL  SUCH  EMPTY BEVERAGE CONTAINERS FROM A DEALER OR REDEMPTION
   44  CENTER WITHOUT LIMITATION ON QUANTITY.
   45    5. A DEPOSIT INITIATOR`S OR DISTRIBUTOR`S FAILURE  TO  PICK  UP  EMPTY
   46  BEVERAGE CONTAINERS, INCLUDING CONTAINERS PROCESSED IN A REVERSE VENDING
   47  MACHINE,  FROM  A REDEMPTION CENTER, DEALER OR THE OPERATOR OF A REVERSE
   48  VENDING MACHINE, SHALL BE A VIOLATION OF THIS TITLE.
   49    6. IN ADDITION TO THE REFUND VALUE OF A BEVERAGE CONTAINER  AS  ESTAB-
   50  LISHED  BY  SECTION 27-1005 OF THIS TITLE, A DEPOSIT INITIATOR SHALL PAY
   51  TO ANY DEALER, OR OPERATOR OF A  REDEMPTION  CENTER,  OR  DISTRIBUTOR  A
   52  HANDLING  FEE  OF  THREE  AND ONE-HALF CENTS FOR EACH BEVERAGE CONTAINER
   53  ACCEPTED BY THE DEPOSIT  INITIATOR  FROM  SUCH  DEALER,  OPERATOR  OF  A
   54  REDEMPTION  CENTER OR DISTRIBUTOR.  PAYMENT OF THE HANDLING FEE SHALL BE
   55  AS COMPENSATION FOR COLLECTING, SORTING AND PACKAGING OF EMPTY  BEVERAGE
   56  CONTAINERS  FOR TRANSPORT BACK TO THE DEPOSIT INITIATOR OR ITS DESIGNEE.

       A. 8044                             6

    1  PAYMENT OF THE HANDLING FEE MAY NOT BE CONDITIONED ON  THE  PURCHASE  OF
    2  ANY  GOODS  OR  SERVICES, NOR MAY SUCH PAYMENT BE MADE OUT OF THE REFUND
    3  VALUE ACCOUNT ESTABLISHED PURSUANT TO SECTION 27-1012 OF THIS  TITLE.  A
    4  DISTRIBUTOR  WHO  DOES  NOT  INITIATE  DEPOSITS  ON  A  TYPE OF BEVERAGE
    5  CONTAINER IS CONSIDERED A DEALER ONLY FOR THE  PURPOSE  OF  RECEIVING  A
    6  HANDLING FEE FROM A DEPOSIT INITIATOR.
    7    7.  A DEPOSIT INITIATOR ON A BRAND SHALL ACCEPT FROM A DISTRIBUTOR WHO
    8  DOES NOT INITIATE DEPOSITS ON THAT BRAND ANY EMPTY  BEVERAGE  CONTAINERS
    9  OF  THAT  BRAND  AND  SHALL PAY THE DISTRIBUTOR THE REFUND VALUE OF EACH
   10  SUCH BEVERAGE CONTAINER, AS  ESTABLISHED  BY  SECTION  27-1005  OF  THIS
   11  TITLE.  IN ADDITION, THE DEPOSIT INITIATOR SHALL PAY TO SUCH DISTRIBUTOR
   12  FOR EACH SUCH BEVERAGE CONTAINER  THE  HANDLING  FEE  ESTABLISHED  UNDER
   13  SUBDIVISION  SIX  OF  THIS SECTION.   WITHOUT LIMITING THE RIGHTS OF THE
   14  DEPARTMENT OR ANY PERSON, FIRM OR CORPORATION UNDER THIS SUBDIVISION  OR
   15  ANY OTHER PROVISION OF THIS SECTION, A DISTRIBUTOR, A DEALER OR AN OPER-
   16  ATOR  OF  A  REDEMPTION  CENTER  SHALL  HAVE  A CIVIL RIGHT OF ACTION TO
   17  ENFORCE THIS SUBDIVISION, INCLUDING UPON THREE DAYS NOTICE, THE RIGHT TO
   18  APPLY FOR TEMPORARY AND PRELIMINARY INJUNCTIVE RELIEF AGAINST CONTINUING
   19  VIOLATIONS AND UNTIL ARRANGEMENTS FOR COLLECTION  AND  RETURN  OF  EMPTY
   20  CONTAINERS OR REIMBURSEMENT OF THE REDEEMING DISTRIBUTOR FOR SUCH DEPOS-
   21  ITS AND HANDLING FEES ARE MADE.
   22    8.    IT  SHALL  BE  THE  RESPONSIBILITY  OF  THE DEPOSIT INITIATOR OR
   23  DISTRIBUTOR TO PROVIDE TO A DEALER OR  REDEMPTION  CENTER  A  SUFFICIENT
   24  NUMBER  OF  BAGS, CARTONS, OR OTHER SUITABLE CONTAINERS, AT NO COST, FOR
   25  THE PACKAGING, HANDLING AND PICKUP OF EMPTY BEVERAGE CONTAINERS THAT ARE
   26  NOT REDEEMED THROUGH A REVERSE VENDING MACHINE.  THE BAGS,  CARTONS,  OR
   27  CONTAINERS MUST BE PROVIDED BY THE DEPOSIT INITIATOR OR DISTRIBUTOR ON A
   28  SCHEDULE  THAT ALLOWS THE DEALER OR REDEMPTION CENTER SUFFICIENT TIME TO
   29  SORT THE EMPTY BEVERAGE CONTAINERS PRIOR  TO  PICK  UP  BY  THE  DEPOSIT
   30  INITIATOR OR DISTRIBUTOR. IN ADDITION:
   31    A.  WHEN  PICKING UP EMPTY BEVERAGE CONTAINERS, A DEPOSIT INITIATOR OR
   32  DISTRIBUTOR SHALL NOT REQUIRE A DEALER  OR  REDEMPTION  CENTER  TO  LOAD
   33  THEIR  OWN  BAGS,  CARTONS OR CONTAINERS ONTO OR INTO THE DEPOSIT INITI-
   34  ATOR`S OR DISTRIBUTOR`S VEHICLE OR VEHICLES  OR  PROVIDE  THE  STAFF  OR
   35  EQUIPMENT NEEDED TO DO SO.
   36    B. A DEPOSIT INITIATOR OR DISTRIBUTOR SHALL NOT REQUIRE EMPTY CONTAIN-
   37  ERS  TO  BE  COUNTED  AT  A LOCATION OTHER THAN THE REDEMPTION CENTER OR
   38  DEALER`S PLACE OF BUSINESS. THE DEALER OR REDEMPTION CENTER  SHALL  HAVE
   39  THE RIGHT TO BE PRESENT AT THE COUNT.
   40    C.  A  DEPOSIT  INITIATOR  OR DISTRIBUTOR SHALL PICK UP EMPTY BEVERAGE
   41  CONTAINERS AT REASONABLE TIMES AND INTERVALS AS DETERMINED IN  RULES  OR
   42  REGULATIONS PROMULGATED BY THE DEPARTMENT.
   43    9.  NO  PERSON SHALL RETURN OR ASSIST ANOTHER TO RETURN TO A DEALER OR
   44  REDEMPTION CENTER AN EMPTY BEVERAGE CONTAINER FOR ITS  REFUND  VALUE  IF
   45  SUCH  CONTAINER HAD PREVIOUSLY BEEN ACCEPTED FOR REDEMPTION BY A DEALER,
   46  REDEMPTION CENTER, OR DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON BEVER-
   47  AGE CONTAINERS OF THE SAME BRAND.
   48    10. A REDEEMER, DEALER, DISTRIBUTOR OR  REDEMPTION  CENTER  SHALL  NOT
   49  KNOWINGLY  REDEEM  AN  EMPTY  BEVERAGE  CONTAINER ON WHICH A DEPOSIT WAS
   50  NEVER PAID.
   51    11. NOTWITHSTANDING THE PROVISIONS OF SECTION 27-1009 OF THIS TITLE, A
   52  DEPOSIT INITIATOR  OR  DISTRIBUTOR  SHALL  ACCEPT  AND  REDEEM  BEVERAGE
   53  CONTAINERS  AS  PROVIDED  IN  THIS TITLE, IF THE DEALER OR OPERATOR OF A
   54  REDEMPTION CENTER SHALL HAVE ACCEPTED AND PAID THE REFUND VALUE OF  SUCH
   55  BEVERAGE CONTAINERS.

       A. 8044                             7

    1    S  5.  Section 27-1009 of the environmental conservation law, as added
    2  by chapter 200 of the laws of 1982, is amended to read as follows:
    3  S 27-1009. Refusal of acceptance.
    4    1.  A  dealer  or operator of a redemption center may refuse to accept
    5  from a redeemer, and a {distributor} DEPOSIT  INITIATOR  may  refuse  to
    6  accept from a dealer or operator of a redemption center any empty bever-
    7  age container which does not state thereon a refund value as established
    8  by section 27-1005 and provided by section 27-1011 of this title.
    9    2.  A  dealer  or  operator  of a redemption center may also refuse to
   10  accept any broken bottle, corroded or dismembered can, or  any  beverage
   11  container  which  contains  a significant amount of foreign material, as
   12  determined in rules and regulations to be promulgated by the commission-
   13  er. {Notwithstanding the provisions of this subdivision,  a  distributor
   14  shall  accept  beverage  containers  as  provided  in subdivision two of
   15  section 27-1007 of this title, if the dealer  shall  have  accepted  and
   16  paid the refund value of such beverage containers.}
   17    S  6.  Subdivision 2 of section 27-1011 of the environmental conserva-
   18  tion law is REPEALED.
   19    S 6-a. Subdivisions 3 and 4 of section 27-1011  of  the  environmental
   20  conservation law are renumbered subdivisions 2 and 3.
   21    S  7.  The  environmental  conservation law is amended by adding a new
   22  section 27-1012 to read as follows:
   23  S 27-1012. DEPOSIT AND DISPOSITION OF REFUND VALUES; REGISTRATION.
   24    1. EACH DEPOSIT INITIATOR SHALL DEPOSIT IN A REFUND VALUE  ACCOUNT  AN
   25  AMOUNT  EQUAL TO THE REFUND VALUE REQUIRED TO BE INITIATED UNDER SECTION
   26  27-1005 OF THIS TITLE WHICH IS RECEIVED WITH RESPECT  TO  EACH  BEVERAGE
   27  CONTAINER  SOLD  BY SUCH DEPOSIT INITIATOR. SUCH DEPOSIT INITIATOR SHALL
   28  HOLD SUCH AMOUNTS IN TRUST FOR THE STATE. A REFUND VALUE  ACCOUNT  SHALL
   29  BE  AN  INTEREST-BEARING  ACCOUNT  ESTABLISHED  IN A BANKING INSTITUTION
   30  LOCATED IN THIS STATE, THE DEPOSITS IN WHICH ARE INSURED BY AN AGENCY OF
   31  THE FEDERAL GOVERNMENT. DEPOSITS OF SUCH AMOUNTS SHALL BE MADE NOT  LESS
   32  FREQUENTLY  THAN  EVERY  FIVE BUSINESS DAYS. ALL INTEREST, DIVIDENDS AND
   33  RETURNS EARNED ON THE ACCOUNT SHALL BE PAID DIRECTLY INTO SAID  ACCOUNT.
   34  SUCH  MONIES  SHALL  BE KEPT SEPARATE AND APART FROM ALL OTHER MONEYS IN
   35  THE POSSESSION OF THE DEPOSIT INITIATOR. THE  COMMISSIONER  OF  TAXATION
   36  AND  FINANCE  MAY  SPECIFY  A SYSTEM OF ACCOUNTS AND RECORDS TO BE MAIN-
   37  TAINED WITH RESPECT TO ACCOUNTS ESTABLISHED UNDER THIS SUBDIVISION.
   38    2. PAYMENTS OF REFUND VALUES PURSUANT TO SECTION 27-1007 OF THIS TITLE
   39  SHALL BE PAID FROM EACH DEPOSIT INITIATOR`S  REFUND  VALUE  ACCOUNT.  NO
   40  OTHER  PAYMENT  OR  WITHDRAWAL  FROM  SUCH ACCOUNT MAY BE MADE EXCEPT AS
   41  PRESCRIBED BY THIS SECTION.
   42    3. EACH DEPOSIT  INITIATOR  SHALL  FILE  QUARTERLY  REPORTS  WITH  THE
   43  COMMISSIONER  OF  TAXATION  AND  FINANCE  ON  A  FORM  AND IN THE MANNER
   44  PRESCRIBED BY  SUCH  COMMISSIONER.  THE  COMMISSIONER  OF  TAXATION  AND
   45  FINANCE  MAY REQUIRE SUCH REPORTS TO BE FILED ELECTRONICALLY.  THE QUAR-
   46  TERLY REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE FILED FOR THE  QUAR-
   47  TERLY PERIODS ENDING ON THE LAST DAY OF MAY, AUGUST, NOVEMBER AND FEBRU-
   48  ARY OF EACH YEAR, AND EACH SUCH REPORT SHALL BE FILED WITHIN TWENTY DAYS
   49  AFTER  THE END OF THE QUARTERLY PERIOD COVERED THEREBY. EACH SUCH REPORT
   50  SHALL INCLUDE, IN ADDITION TO ANY OTHER  INFORMATION  SUCH  COMMISSIONER
   51  SHALL DETERMINE APPROPRIATE, THE FOLLOWING INFORMATION:
   52    A.  THE  BALANCE  IN  THE REFUND VALUE ACCOUNT AT THE BEGINNING OF THE
   53  QUARTER FOR WHICH THE REPORT IS PREPARED;
   54    B. ALL SUCH DEPOSITS CREDITED TO SUCH ACCOUNT AND ALL INTEREST,  DIVI-
   55  DENDS OR RETURNS RECEIVED ON SUCH ACCOUNT, DURING SUCH QUARTER;

       A. 8044                             8

    1    C.  ALL  WITHDRAWALS FROM SUCH ACCOUNT, DURING SUCH QUARTER, INCLUDING
    2  ALL REIMBURSEMENTS PAID PURSUANT TO SUBDIVISION TWO OF THIS SECTION, ALL
    3  SERVICE CHARGES ON THE ACCOUNT, AND ALL PAYMENTS MADE PURSUANT TO SUBDI-
    4  VISION FOUR OF THIS SECTION; AND
    5    D. THE BALANCE IN SUCH ACCOUNT AT THE CLOSE OF SUCH QUARTER.
    6    4.  A. QUARTERLY PAYMENTS.  AN AMOUNT EQUAL TO THE BALANCE OUTSTANDING
    7  IN THE REFUND VALUE ACCOUNT AT THE CLOSE OF EACH QUARTER SHALL  BE  PAID
    8  TO  THE  COMMISSIONER  OF  TAXATION  AND  FINANCE AT THE TIME THE REPORT
    9  PROVIDED FOR IN SUBDIVISION THREE OF THIS  SECTION  IS  REQUIRED  TO  BE
   10  FILED.  IF  THE  PROVISIONS OF THIS SECTION WITH RESPECT TO SUCH ACCOUNT
   11  HAVE NOT BEEN FULLY COMPLIED WITH, EACH DEPOSIT INITIATOR SHALL  PAY  TO
   12  SUCH  COMMISSIONER  AT SUCH TIME, IN LIEU OF THE AMOUNT DESCRIBED IN THE
   13  PRECEDING SENTENCE, AN AMOUNT EQUAL TO THE BALANCE WHICH WOULD HAVE BEEN
   14  OUTSTANDING ON SUCH DATE HAD SUCH PROVISIONS BEEN FULLY COMPLIED WITH.
   15    B. REFUND VALUE ACCOUNT SHORTFALL.  IN THE EVENT A  DEPOSIT  INITIATOR
   16  PAYS  OUT  MORE  IN REFUND VALUES THAN IT COLLECTS IN DEPOSITS OF REFUND
   17  VALUES DURING THE COURSE OF A QUARTERLY PERIOD AS DESCRIBED IN  SUBDIVI-
   18  SION  THREE  OF  THIS  SECTION,  THE  DEPOSIT INITIATOR MAY APPLY TO THE
   19  COMMISSIONER OF TAXATION AND FINANCE FOR A REFUND OF THE AMOUNT OF  SUCH
   20  EXCESS PAYMENT OF REFUND VALUES FROM SOURCES OTHER THAN THE REFUND VALUE
   21  ACCOUNT,  IN  THE MANNER AS PROVIDED BY THE COMMISSIONER OF TAXATION AND
   22  FINANCE. SUCH REFUND SHALL BE PAID OUT OF THE  ENVIRONMENTAL  PROTECTION
   23  FUND CREATED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   24    C. FINAL REPORT. A DEPOSIT INITIATOR WHO CEASES TO DO BUSINESS IN THIS
   25  STATE  AS  A  DEPOSIT  INITIATOR,  SHALL  FILE  A FINAL REPORT AND REMIT
   26  PAYMENT OF ALL AMOUNTS IN THE REFUND VALUE ACCOUNT AS OF  THE  CLOSE  OF
   27  THE  DEPOSIT  INITIATOR`S  LAST  DAY  OF BUSINESS. THE DEPOSIT INITIATOR
   28  SHALL INDICATE ON THE REPORT THAT IT IS  A  "FINAL  REPORT".  THE  FINAL
   29  REPORT  IS  DUE  TO BE FILED WITH PAYMENT TWENTY DAYS AFTER THE CLOSE OF
   30  THE QUARTERLY PERIOD IN WHICH THE DEPOSIT INITIATOR CEASES TO  DO  BUSI-
   31  NESS.  IN THE EVENT THE DEPOSIT INITIATOR PAYS OUT MORE IN REFUND VALUES
   32  THAN IT COLLECTS IN SUCH FINAL QUARTERLY PERIOD, THE  DEPOSIT  INITIATOR
   33  MAY  APPLY  TO  THE COMMISSIONER OF TAXATION AND FINANCE FOR A REFUND OF
   34  THE AMOUNT OF SUCH EXCESS PAYMENT OF REFUND VALUES  FROM  SOURCES  OTHER
   35  THAN  THE REFUND VALUE ACCOUNT, IN THE MANNER AS PROVIDED BY THE COMMIS-
   36  SIONER OF TAXATION AND FINANCE. SUCH REFUND SHALL BE  PAID  OUT  OF  THE
   37  ENVIRONMENTAL  PROTECTION  FUND CREATED PURSUANT TO SECTION NINETY-TWO-S
   38  OF THE STATE FINANCE LAW.
   39    5. ALL MONEYS COLLECTED OR RECEIVED BY THE DEPARTMENT OF TAXATION  AND
   40  FINANCE  PURSUANT  TO THIS TITLE SHALL BE DEPOSITED TO THE CREDIT OF THE
   41  COMPTROLLER WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR TRUST  COMPA-
   42  NIES  AS  MAY  BE  DESIGNATED BY THE COMPTROLLER. SUCH DEPOSITS SHALL BE
   43  KEPT SEPARATE AND APART FROM ALL OTHER MONEYS IN THE POSSESSION  OF  THE
   44  COMPTROLLER.  THE  COMPTROLLER  SHALL REQUIRE ADEQUATE SECURITY FROM ALL
   45  SUCH DEPOSITORIES. THE COMPTROLLER SHALL PAY ALL AMOUNTS SO DEPOSITED BY
   46  THE DEPARTMENT OF TAXATION AND FINANCE, INCLUDING INTEREST AND PENALTIES
   47  RECEIVED UNDER THIS SECTION, INTO THE ENVIRONMENTAL PROTECTION FUND.
   48    6. THE COMMISSIONER AND THE COMMISSIONER OF TAXATION AND FINANCE SHALL
   49  PROMULGATE, AND SHALL CONSULT EACH OTHER IN PROMULGATING, SUCH RULES AND
   50  REGULATIONS AS MAY BE NECESSARY OR DESIRABLE TO EFFECTUATE THE  PURPOSES
   51  OF  THIS  TITLE.  THE  COMMISSIONER AND THE COMMISSIONER OF TAXATION AND
   52  FINANCE SHALL PROVIDE ALL NECESSARY AID AND ASSISTANCE  TO  EACH  OTHER,
   53  INCLUDING  THE  SHARING  OF  ANY  INFORMATION THAT IS NECESSARY TO THEIR
   54  RESPECTIVE ADMINISTRATION AND ENFORCEMENT RESPONSIBILITIES  PURSUANT  TO
   55  THE PROVISIONS OF THIS TITLE.

       A. 8044                             9

    1    7.  A.  ANY  PERSON  WHO IS A DEPOSIT INITIATOR UNDER THIS TITLE ON OR
    2  BEFORE JUNE FIRST, TWO THOUSAND EIGHT, SHALL APPLY TO  THE  COMMISSIONER
    3  OF  TAXATION  AND  FINANCE FOR REGISTRATION AS A DEPOSIT INITIATOR. SUCH
    4  APPLICATIONS MAY BE SUBMITTED ON AND  AFTER  JUNE  FIRST,  TWO  THOUSAND
    5  EIGHT.  ANY PERSON WHO BECOMES A DEPOSIT INITIATOR AFTER SUCH DATE SHALL
    6  APPLY FOR REGISTRATION AT LEAST TWENTY  DAYS  PRIOR  TO  COLLECTING  ANY
    7  DEPOSITS  AS  SUCH  A  DEPOSIT INITIATOR. SUCH APPLICATION SHALL BE IN A
    8  FORM PRESCRIBED BY THE COMMISSIONER OF TAXATION AND  FINANCE  AND  SHALL
    9  REQUIRE  SUCH  INFORMATION  DEEMED  TO  BE NECESSARY FOR PROPER ADMINIS-
   10  TRATION OF THIS TITLE. THE COMMISSIONER OF TAXATION  AND  FINANCE  SHALL
   11  ISSUE  A  DEPOSIT INITIATOR REGISTRATION CERTIFICATE WITHIN FIFTEEN DAYS
   12  OF RECEIPT OF SUCH APPLICATION OR MAY TAKE AN ADDITIONAL TEN DAYS IF THE
   13  COMMISSIONER OF TAXATION AND FINANCE DEEMS IT NECESSARY TO CONSULT  WITH
   14  THE  COMMISSIONER BEFORE ISSUING SUCH REGISTRATION CERTIFICATE. A REGIS-
   15  TRATION CERTIFICATE ISSUED PURSUANT TO THIS SUBDIVISION  MAY  BE  ISSUED
   16  FOR  A  SPECIFIED TERM OF NOT LESS THAN THREE YEARS AND SHALL BE SUBJECT
   17  TO RENEWAL IN ACCORDANCE WITH PROCEDURES SPECIFIED BY  THE  COMMISSIONER
   18  OF  TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION AND FINANCE SHALL
   19  FURNISH TO THE COMMISSIONER A COMPLETE LIST OF REGISTERED DEPOSIT INITI-
   20  ATORS AND SHALL CONTINUALLY UPDATE SUCH LIST AS WARRANTED.  THE  COMMIS-
   21  SIONER SHALL SHARE ANY INFORMATION WITH THE COMMISSIONER OF TAXATION AND
   22  FINANCE THAT IS NECESSARY FOR THE ADMINISTRATION OF THIS SUBDIVISION.
   23    B.  THE  COMMISSIONER OF TAXATION AND FINANCE SHALL HAVE THE AUTHORITY
   24  TO REVOKE OR REFUSE TO RENEW ANY REGISTRATION ISSUED  PURSUANT  TO  THIS
   25  SUBDIVISION  WHEN IT HAS BEEN DETERMINED BY THE COMMISSIONER OF TAXATION
   26  AND FINANCE OR SUCH COMMISSIONER HAS BEEN INFORMED BY  THE  COMMISSIONER
   27  THAT  ANY  OF  THE  PROVISIONS  OF  THIS  TITLE OR RULES AND REGULATIONS
   28  PROMULGATED  THEREUNDER  HAVE  BEEN  VIOLATED.  SUCH  VIOLATIONS   SHALL
   29  INCLUDE,  BUT  NOT BE LIMITED TO, THE FAILURE TO FILE QUARTERLY REPORTS,
   30  THE FAILURE TO MAKE PAYMENTS PURSUANT TO THIS SUBDIVISION, THE PROVIDING
   31  OF FALSE OR FRAUDULENT INFORMATION TO EITHER THE DEPARTMENT OF  TAXATION
   32  AND  FINANCE  OR THE DEPARTMENT, OR KNOWINGLY AIDING OR ABETTING ANOTHER
   33  PERSON IN VIOLATING ANY OF THE PROVISIONS OF THIS  TITLE.  A  NOTICE  OF
   34  PROPOSED  REVOCATION OR NON-RENEWAL SHALL BE GIVEN TO THE DEPOSIT INITI-
   35  ATOR IN THE MANNER PRESCRIBED FOR A NOTICE OF DEFICIENCY OF TAX AND  ALL
   36  THE  PROVISIONS APPLICABLE TO A NOTICE OF DEFICIENCY UNDER ARTICLE TWEN-
   37  TY-SEVEN OF THE TAX LAW SHALL APPLY TO A NOTICE ISSUED PURSUANT TO  THIS
   38  PARAGRAPH, INSOFAR AS SUCH PROVISIONS CAN BE MADE APPLICABLE TO A NOTICE
   39  AUTHORIZED  BY  THIS PARAGRAPH, WITH SUCH MODIFICATIONS AS MAY BE NECES-
   40  SARY IN ORDER TO ADAPT THE LANGUAGE OF SUCH  PROVISIONS  TO  THE  NOTICE
   41  AUTHORIZED BY THIS PARAGRAPH. ALL SUCH NOTICES ISSUED BY THE COMMISSION-
   42  ER  OF  TAXATION  AND FINANCE PURSUANT TO THIS PARAGRAPH SHALL CONTAIN A
   43  STATEMENT ADVISING THE DEPOSIT INITIATOR THAT THE REVOCATION OR  NON-RE-
   44  NEWAL  OF  REGISTRATION  MAY BE CHALLENGED THROUGH A HEARING PROCESS AND
   45  THE PETITION FOR SUCH A CHALLENGE MUST BE FILED WITH THE COMMISSIONER OF
   46  TAXATION AND FINANCE WITHIN NINETY DAYS AFTER SUCH NOTICE IS  ISSUED.  A
   47  DEPOSIT  INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED OR NOT RENEWED
   48  SHALL DISCONTINUE TO DO BUSINESS AS A DEPOSIT INITIATOR IN  THIS  STATE,
   49  UNTIL  THIS TITLE HAS BEEN COMPLIED WITH AND A NEW REGISTRATION HAS BEEN
   50  ISSUED. ANY DEPOSIT INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED MAY
   51  NOT APPLY FOR REGISTRATION FOR TWO YEARS FROM THE DATE  SUCH  REVOCATION
   52  TAKES EFFECT.
   53    8.  THE  COMMISSIONER  OF TAXATION AND FINANCE MAY REQUIRE THE MAINTE-
   54  NANCE OF SUCH ACCOUNTS, RECORDS OR DOCUMENTS RELATING  TO  THE  SALE  OF
   55  BEVERAGE  CONTAINERS,  BY ANY BEVERAGE MANUFACTURER, DISTRIBUTOR, DEALER
   56  OR REDEMPTION CENTER AS SUCH COMMISSIONER MAY DEEM APPROPRIATE  FOR  THE

       A. 8044                            10

    1  ADMINISTRATION OF THIS SECTION. SUCH COMMISSIONER MAY MAKE EXAMINATIONS,
    2  INCLUDING  THE  CONDUCT  OF FACILITY INSPECTIONS DURING REGULAR BUSINESS
    3  HOURS, WITH RESPECT TO THE ACCOUNTS, RECORDS OR DOCUMENTS REQUIRED TO BE
    4  MAINTAINED UNDER THIS SUBDIVISION.  SUCH ACCOUNTS, RECORDS AND DOCUMENTS
    5  SHALL BE PRESERVED FOR A PERIOD OF THREE YEARS, EXCEPT THAT SUCH COMMIS-
    6  SIONER  MAY  CONSENT  TO  THEIR  DESTRUCTION  WITHIN  THAT PERIOD OR MAY
    7  REQUIRE THAT THEY BE KEPT LONGER.  SUCH ACCOUNTS, RECORDS AND  DOCUMENTS
    8  MAY  BE  KEPT  WITHIN THE MEANING OF THIS SUBDIVISION WHEN REPRODUCED BY
    9  ANY PHOTOGRAPHIC, PHOTOSTATIC, MICROFILM, MICRO-CARD,  MINIATURE  PHOTO-
   10  GRAPHIC   OR  OTHER  PROCESS  WHICH  ACTUALLY  REPRODUCES  THE  ORIGINAL
   11  ACCOUNTS, RECORDS OR DOCUMENTS.
   12    9. A. ANY PERSON REQUIRED TO BE REGISTERED  UNDER  THIS  SECTION  WHO,
   13  WITHOUT  BEING SO REGISTERED, MAKES SALES OF OR OFFERS FOR SALE BEVERAGE
   14  CONTAINERS IN THIS STATE, IN ADDITION TO ANY OTHER  PENALTY  IMPOSED  BY
   15  THIS  TITLE, SHALL BE SUBJECT TO A PENALTY TO BE ASSESSED BY THE COMMIS-
   16  SIONER IN AN AMOUNT NOT EXCEEDING FIVE HUNDRED DOLLARS FOR THE FIRST DAY
   17  ON WHICH SUCH SALES OR OFFERS FOR SALE ARE  MADE,  PLUS  AN  AMOUNT  NOT
   18  EXCEEDING  FIVE  HUNDRED  DOLLARS  FOR EACH SUBSEQUENT DAY ON WHICH SUCH
   19  SALES ARE MADE, NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS IN THE AGGRE-
   20  GATE.
   21    B. ANY DEPOSIT INITIATOR WHO FAILS TO  MAINTAIN  ACCOUNTS  OR  RECORDS
   22  PURSUANT  TO  THIS SECTION, UNLESS IT IS SHOWN THAT SUCH FAILURE WAS DUE
   23  TO REASONABLE CAUSE AND NOT DUE TO NEGLIGENCE  OR  WILLFUL  NEGLECT,  IN
   24  ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS TITLE, SHALL BE SUBJECT TO
   25  A  PENALTY TO BE ASSESSED BY THE COMMISSIONER OF TAXATION AND FINANCE OF
   26  NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH QUARTER  DURING  WHICH  SUCH
   27  FAILURE  OCCURRED,  AND AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOU-
   28  SAND DOLLARS FOR EACH QUARTER SUCH FAILURE CONTINUES.
   29    10. THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THE TAX LAW SHALL  APPLY
   30  TO  THE  PROVISIONS OF THIS TITLE FOR WHICH THE COMMISSIONER OF TAXATION
   31  AND  FINANCE  IS  RESPONSIBLE,  INCLUDING  COLLECTION  OF  REFUND  VALUE
   32  AMOUNTS, IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE
   33  LANGUAGE OF SUCH ARTICLE HAD BEEN INCORPORATED IN FULL INTO THIS SECTION
   34  EXCEPT TO THE EXTENT THAT ANY PROVISION OF SUCH ARTICLE IS EITHER INCON-
   35  SISTENT  WITH  A  PROVISION  OF  THIS SECTION OR IS NOT RELEVANT TO THIS
   36  SECTION AS DETERMINED BY  THE  COMMISSIONER  OF  TAXATION  AND  FINANCE.
   37  FURTHERMORE,  FOR PURPOSES OF APPLYING THE PROVISIONS OF ARTICLE TWENTY-
   38  SEVEN OF THE TAX LAW, WHERE THE TERMS "TAX" AND "TAXES" APPEAR  IN  SUCH
   39  ARTICLE,  SUCH  TERMS  SHALL  BE  CONSTRUED  TO  MEAN  "REFUND VALUE" OR
   40  "BALANCE IN THE REFUND VALUE ACCOUNT".
   41    11. IF ANY DEPOSIT INITIATOR FAILS OR REFUSES  TO  FILE  A  REPORT  OR
   42  FURNISH  ANY INFORMATION REQUESTED IN WRITING BY THE DEPARTMENT OF TAXA-
   43  TION AND FINANCE OR THE  DEPARTMENT,  THE  DEPARTMENT  OF  TAXATION  AND
   44  FINANCE  WITH THE ASSISTANCE OF THE DEPARTMENT MAY, FROM ANY INFORMATION
   45  IN ITS POSSESSION, MAKE AN ESTIMATE OF THE DEFICIENCY AND  COLLECT  SUCH
   46  DEFICIENCY FROM SUCH DEPOSIT INITIATOR.
   47    12.  EACH  DEPOSIT INITIATOR SHALL REGISTER THE CONTAINER LABEL OF ANY
   48  BEVERAGE OFFERED FOR SALE IN THE STATE ON WHICH IT INITIATES A  DEPOSIT.
   49  ANY SUCH REGISTERED CONTAINER LABEL SHALL BEAR A UNIVERSAL PRODUCT CODE.
   50  SUCH  UNIVERSAL  PRODUCT CODE SHALL BE NEW YORK STATE SPECIFIC, IN ORDER
   51  TO IDENTIFY THE BEVERAGE CONTAINER AS OFFERED FOR  SALE  EXCLUSIVELY  IN
   52  NEW  YORK  STATE,  AND  AS  A  MEANS OF PREVENTING ILLEGAL REDEMPTION OF
   53  BEVERAGE CONTAINERS PURCHASED OUT-OF-STATE.   REGISTRATION  MUST  BE  ON
   54  FORMS  AS  PRESCRIBED  BY  THE DEPARTMENT AND MUST INCLUDE THE UNIVERSAL
   55  PRODUCT CODE FOR EACH COMBINATION OF  BEVERAGE  AND  CONTAINER  MANUFAC-
   56  TURED.  THE  DEPOSIT INITIATOR SHALL RENEW A LABEL REGISTRATION WHENEVER

       A. 8044                            11

    1  THAT LABEL IS REVISED BY ALTERING THE UNIVERSAL PRODUCT CODE OR WHENEVER
    2  THE CONTAINER ON WHICH IT APPEARS IS CHANGED  IN  SIZE,  COMPOSITION  OR
    3  GLASS COLOR.
    4    S 8. Section 27-1013 of the environmental conservation law, as amended
    5  by chapter 149 of the laws of 1983, is amended to read as follows:
    6  S 27-1013. Redemption centers.
    7    The  commissioner  is  hereby  empowered to promulgate rules and regu-
    8  lations governing (1) the circumstances in which dealers  and  distribu-
    9  tors, individually or collectively, are required to accept the return of
   10  empty beverage containers, and make payment therefor; (2) the sorting of
   11  the  containers  which a DEPOSIT INITIATOR OR distributor may require of
   12  dealers and redemption centers; (3) the {pick up} COLLECTION of returned
   13  beverage containers by DEPOSIT INITIATORS OR distributors, including the
   14  party to whom such expense is to be charged, the frequency of such  pick
   15  ups and the payment for refunds and handling fees thereon; (4) the right
   16  of  dealers  to restrict or limit the number of containers redeemed, the
   17  rules for redemption at the dealers` place of business, and the  redemp-
   18  tion  of containers from a beverage for which sales have been discontin-
   19  ued, and to issue permits to persons, firms or corporations which estab-
   20  lish redemption centers, subject to applicable provisions of  local  and
   21  state  laws,  at  which  redeemers and dealers may return empty beverage
   22  containers and receive payment of the  refund  value  of  such  beverage
   23  containers.  No  dealer or distributor, as defined in section 27-1003 OF
   24  THIS TITLE, shall be required to obtain a permit to operate a redemption
   25  center at the same location as the dealer`s or  distributor`s  place  of
   26  business.  Operators of such redemption centers shall receive payment of
   27  the refund  value  of  each  beverage  container  from  the  appropriate
   28  manufacturer or distributor as provided under {sections} SECTION 27-1007
   29  {and 27-1009} of this title.
   30    S  9.  Section 27-1014 of the environmental conservation law, as added
   31  by chapter 149 of the laws of 1983, is amended to read as follows:
   32  S 27-1014. {Limitation on}  AUTHORITY  TO  PROMULGATE  rules  and  regu-
   33                  lations.
   34    In  addition  to  the  authority  of  the commissioner, under sections
   35  27-1009 and 27-1013 of this title, the commissioner shall {only have the
   36  power to promulgate rules and regulations governing  the  initiation  of
   37  deposits,  sale  of beverages in containers through vending machines and
   38  for on-premises consumption, record keeping,  refunding  for  refillable
   39  beverage  containers, embossing, imprinting or labeling of refund values
   40  and enforcement of the provisions of this section and  sections  27-1009
   41  and  27-1013 of this title} HAVE THE POWER TO PROMULGATE RULES AND REGU-
   42  LATIONS necessary and appropriate to the {implementation} ADMINISTRATION
   43  of this title.
   44    S 10. Section 27-1015 of the environmental conservation law, as  added
   45  by  chapter  200 of the laws of 1982 and subdivision 1 as designated and
   46  subdivision 2 as added by chapter 149 of the laws of 1983, is amended to
   47  read as follows:
   48  S 27-1015. Violations.
   49    1. A violation of this title, EXCEPT AS PROVIDED IN  SUBDIVISION  FOUR
   50  OF  THIS  SECTION  AND  SECTION 27-1012 OF THIS TITLE, shall be a public
   51  nuisance. In addition, EXCEPT AS PROVIDED IN SUBDIVISIONS TWO  AND  FOUR
   52  OF  THIS SECTION AND SECTION 27-1012 OF THIS TITLE, any person who shall
   53  violate any provision of this title shall be liable TO THE STATE OF  NEW
   54  YORK  for  a civil penalty of not more than five hundred dollars, and an
   55  additional civil penalty of not more than five hundred dollars for  each

       A. 8044                            12

    1  day during which each such violation continues. Any civil penalty may be
    2  assessed following a hearing or opportunity to be heard.
    3    2.  ANY DISTRIBUTOR OR DEPOSIT INITIATOR WHO VIOLATES ANY PROVISION OF
    4  THIS TITLE EXCEPT AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, SHALL BE
    5  LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN ONE
    6  THOUSAND DOLLARS, AND AN ADDITIONAL CIVIL PENALTY OF NOT MORE  THAN  ONE
    7  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH EACH SUCH VIOLATION CONTIN-
    8  UES. ANY CIVIL PENALTY MAY BE ASSESSED FOLLOWING A HEARING  OR  OPPORTU-
    9  NITY TO BE HEARD.
   10    3. It shall be unlawful for a distributor OR DEPOSIT INITIATOR, acting
   11  alone  or  aided  by  another, to return ANY empty beverage {containers}
   12  CONTAINER to a dealer or redemption center for {their} ITS refund  value
   13  if  the  distributor  OR  DEPOSIT INITIATOR had previously accepted such
   14  beverage {containers} CONTAINER from any dealer or operator of a redemp-
   15  tion center. A violation of this  subdivision  shall  be  a  misdemeanor
   16  punishable by a fine of not less than five hundred dollars nor more than
   17  one  thousand  dollars  and  an  amount equal to two times the amount of
   18  money received as a result of such violation.
   19    4. ANY PERSON WHO WILFULLY TENDERS TO A DEALER,  DISTRIBUTOR,  REDEMP-
   20  TION  CENTER  OR BOTTLER MORE THAN FORTY-EIGHT EMPTY BEVERAGE CONTAINERS
   21  THAT SUCH PERSON KNOWS OR REASONABLY SHOULD  KNOW  WERE  NOT  ORIGINALLY
   22  SOLD  IN THIS STATE AS FILLED BEVERAGE CONTAINERS MAY BE ASSESSED BY THE
   23  DEPARTMENT A CIVIL PENALTY  OF  UP  TO  ONE  HUNDRED  DOLLARS  FOR  EACH
   24  CONTAINER  OR UP TO TWENTY-FIVE THOUSAND DOLLARS FOR EACH SUCH TENDER OF
   25  CONTAINERS. AT EACH LOCATION  WHERE  A  PERSON  TENDERS  CONTAINERS  FOR
   26  REDEMPTION,  DEALERS AND REDEMPTION CENTERS MUST CONSPICUOUSLY DISPLAY A
   27  SIGN IN LETTERS THAT ARE AT LEAST ONE INCH IN HEIGHT WITH THE  FOLLOWING
   28  INFORMATION:  "WARNING: PERSONS TENDERING CONTAINERS FOR REDEMPTION THAT
   29  WERE NOT ORIGINALLY PURCHASED IN THIS STATE MAY BE SUBJECT  TO  A  CIVIL
   30  PENALTY  OF UP TO ONE HUNDRED DOLLARS PER CONTAINER OR UP TO TWENTY-FIVE
   31  THOUSAND DOLLARS FOR EACH SUCH TENDER OF CONTAINERS."  ANY CIVIL PENALTY
   32  MAY BE ASSESSED FOLLOWING A HEARING OR OPPORTUNITY TO BE HEARD.
   33    5. THE DEPARTMENT, THE DEPARTMENT OF  TAXATION  AND  FINANCE  AND  THE
   34  ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS
   35  TITLE.  IN ADDITION, THE PROVISIONS OF SECTION 27-1005 OF THIS TITLE AND
   36  SUBDIVISIONS  ONE,  TWO,  THREE,  FOUR,  FIVE, TEN AND ELEVEN OF SECTION
   37  27-1007 OF THIS TITLE MAY BE ENFORCED BY A CITY, TOWN OR VILLAGE AND THE
   38  LOCAL LEGISLATIVE BODY THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGU-
   39  LATIONS CONSISTENT WITH THIS TITLE PROVIDING FOR THE ENFORCEMENT OF SUCH
   40  PROVISIONS.
   41    S 11. The environmental conservation law is amended by  adding  a  new
   42  section 27-1016 to read as follows:
   43  S 27-1016. PUBLIC EDUCATION.
   44    THE COMMISSIONER SHALL ESTABLISH A PUBLIC EDUCATION PROGRAM TO DISSEM-
   45  INATE INFORMATION REGARDING IMPLEMENTATION OF THIS TITLE.  SUCH INFORMA-
   46  TION  SHALL  INCLUDE, BUT NOT BE LIMITED TO, PUBLICATION OF THE NEW YORK
   47  BOTTLE BILL OF RIGHTS AS SPECIFIED IN SUBDIVISION TWO OF SECTION 27-1007
   48  OF THIS TITLE; PUBLICATION  OF  INFORMATION  SPECIFYING  THE  PROCEDURES
   49  NECESSARY  TO  ESTABLISH  A  REDEMPTION  CENTER  AS  PROVIDED IN SECTION
   50  27-1013 OF THIS TITLE, INCLUDING INFORMATION REGARDING FINANCIAL ASSIST-
   51  ANCE AVAILABLE FOR THE ESTABLISHMENT OF REDEMPTION CENTERS  AS  PROVIDED
   52  IN SECTION 27-1019 OF THIS TITLE; PUBLICATION OF INFORMATION DELINEATING
   53  THE  RELEVANT  RIGHTS  AND  RESPONSIBILITIES  OF THE DEPOSIT INITIATORS,
   54  DISTRIBUTORS,  DEALERS,  REDEMPTION  CENTERS  AND  REDEEMERS  UNDER  THE
   55  PROVISIONS  OF  THIS  TITLE;  PUBLICATION  OF  INFORMATION REGARDING THE
   56  REQUIREMENT THAT DEPOSIT INITIATORS  REGISTER  WITH  THE  DEPARTMENT  OF

       A. 8044                            13

    1  TAXATION  AND  FINANCE;  AND  PUBLICATION  OF INFORMATION ON THE GENERAL
    2  BENEFITS OF RECYCLING.
    3    S  12. Section 27-1017 of the environmental conservation law, as added
    4  by chapter 200 of the laws of 1982, is amended to read as follows:
    5  S 27-1017. Local beverage container laws.
    6    The provisions of this title shall not be construed so as to limit  in
    7  any  way  the  authority  of  political subdivisions of the state HAD to
    8  enact, implement and enforce local beverage container control laws prior
    9  to but not after the effective date of {this title} THE NEW  YORK  STATE
   10  RETURNABLE  CONTAINER  ACT.    NOTHING  IN  THIS SECTION SHALL LIMIT THE
   11  AUTHORITY  OF  POLITICAL  SUBDIVISIONS  OF  THE  STATE  TO  ENFORCE  THE
   12  PROVISIONS  OF  THIS TITLE THAT PERTAIN TO THE OBLIGATIONS AND RESPONSI-
   13  BILITIES OF SUCH POLITICAL SUBDIVISION.
   14    S 13. The environmental conservation law is amended by  adding  a  new
   15  section 27-1018 to read as follows:
   16  S 27-1018. RETURNABLE CONTAINER ACT ADVISORY BOARD.
   17    1.    THERE  IS  HEREBY CREATED THE "RETURNABLE CONTAINER ACT ADVISORY
   18  BOARD," REFERRED TO HEREAFTER AS THE BOARD. SUCH BOARD SHALL CONSIST  OF
   19  THIRTEEN  MEMBERS WHICH SHALL INCLUDE THE COMMISSIONER, THE COMMISSIONER
   20  OF ECONOMIC DEVELOPMENT, THE COMMISSIONER OF TAXATION AND  FINANCE,  THE
   21  ATTORNEY  GENERAL,  FOUR  MEMBERS  APPOINTED BY THE GOVERNOR, ONE MEMBER
   22  APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE MAYOR OF THE CITY
   23  OF NEW YORK, TWO MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION
   24  OF THE TEMPORARY PRESIDENT OF THE SENATE, AND TWO MEMBERS  APPOINTED  BY
   25  THE  GOVERNOR ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. EACH
   26  EX OFFICIO MEMBER OF THE BOARD MAY DESIGNATE A REPRESENTATIVE TO  ATTEND
   27  MEETINGS OF THE BOARD AND ACT ON HIS OR HER BEHALF.
   28    2.  THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL SERVE AS THE CHAIR
   29  OF THE BOARD.
   30    3. THE MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  FOR  THEIR
   31  SERVICES,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL AND NECESSARY EXPENSES
   32  INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   33    4. THE BOARD SHALL, AT A MINIMUM, HAVE THE DUTY AND RESPONSIBILITY TO:
   34    (A) SERVE AS A WORKING FORUM FOR  THE  EXCHANGE  OF  VIEWS,  CONCERNS,
   35  IDEAS,  INFORMATION  AND  RECOMMENDATIONS  RELATING TO ADMINISTRATION OF
   36  THIS TITLE;
   37    (B) REQUEST THE ATTENDANCE AT ANY MEETING OF THE BOARD OF SUCH PERSON-
   38  NEL OF THE DEPARTMENT OR OF OTHER STATE AGENCIES OR AUTHORITIES, AS  MAY
   39  BE  NECESSARY  TO PROVIDE INFORMATION AND OTHERWISE ASSIST THE BOARD AND
   40  REQUEST SUCH INFORMATION FROM THE DEPARTMENT OR OTHER STATE AGENCIES  OR
   41  AUTHORITIES  AS  THE  BOARD MAY REQUIRE IN FULFILLING ITS RESPONSIBILITY
   42  UNDER THIS SECTION;
   43    (C) MONITOR, REVIEW AND MAKE  RECOMMENDATIONS  CONCERNING  THE  OBJEC-
   44  TIVES, METHODS AND STRATEGIES OF THE DEPARTMENT AND OTHER STATE AGENCIES
   45  IN IMPLEMENTING AND PURSUING PROGRAMS DESIGNED TO MEET THE OBJECTIVES OF
   46  THIS TITLE;
   47    (D)  REQUEST  AND  RECEIVE,  UPON  REASONABLE NOTICE, REPORTS FROM THE
   48  DEPARTMENT AND OTHER STATE AGENCIES AND  PUBLIC  AUTHORITIES  CONCERNING
   49  THE IMPLEMENTATION OF THIS TITLE;
   50    (E)  MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE CONCERN-
   51  ING IMPLEMENTATION AND ADMINISTRATION OF THIS TITLE; AND
   52    (F) PERFORM OTHER ACTIVITIES  OR  SERVICES  AS  MAY  BE  NECESSARY  TO
   53  FULFILL THE PURPOSES OF THIS SECTION.
   54    5. THE BOARD SHALL MEET AT LEAST TWICE EACH YEAR; KEEP A RECORD OF ITS
   55  PROCEEDINGS;  AND  DETERMINE  THE  RULES  OF  ITS  OWN PROCEDURES. EIGHT

       A. 8044                            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                            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 and three of this act shall take effect June 1, 2008;
   53    2.  sections  four through six, six-a, eight, ten, twelve and thirteen
   54  of this act shall take effect August 1, 2008; and
   55    3. section seven of this act shall take effect June 1, 2008; provided,
   56  however, that the requirements to make deposits, file reports  and  make

       A. 8044                            16

    1  withdrawals  and  payments  under  section  27-1012 of the environmental
    2  conservation law, as added by section seven of  this  act,  shall  first
    3  apply  to the period beginning on August 1, 2008 and ending November 30,
    4  2008.

 

Updated April 4, 2008