New York 2008 bill text

A8044-A

Bill title

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

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        8044--A

                              2007-2008 Regular Sessions

                                 I N  A S S E M B L Y

                                      May 2, 2007
                                      ___________

       Introduced  by M. of A. SWEENEY, WEISENBERG, COLTON, ENGLEBRIGHT, DINOW-
         ITZ, CARROZZA, R. DIAZ, O`DONNELL, GOTTFRIED, HOOPER,  TITUS,  LENTOL,
         GIANARIS,  WEPRIN, CAHILL, LATIMER, PEOPLES, PERRY, CYMBROWITZ, LAFAY-
         ETTE, SCHIMEL, MILLMAN, PAULIN, BRADLEY, BENEDETTO,  BING,  SEMINERIO,
         BROOK-KRASNY,  MAISEL,  JAFFEE, LAVINE, STIRPE, BRENNAN, YOUNG, GALEF,
         MAGNARELLI, ROSENTHAL, ROBINSON, KAVANAGH, ORTIZ -- Multi-Sponsored by
         -- M. of A.  ARROYO, BOYLAND, CHRISTENSEN,  CLARK,  L. DIAZ,  FARRELL,
         GLICK,  HEVESI,  JACOBS, JEFFRIES, LIFTON, LUPARDO, MARKEY, MAYERSOHN,
         McENENY, PHEFFER, THIELE, WEINSTEIN -- (at request of the Governor) --
         read once and referred to the Committee on Environmental  Conservation
         --  recommitted  to  the  Committee  on  Environmental Conservation in
         accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee

       AN ACT to amend the environmental conservation law, the economic  devel-
         opment law and the state finance law, in relation to returnable bever-
         age  containers;  and to repeal sections 27-1005, 27-1007 and subdivi-
         sion 2 of  section  27-1011  of  the  environmental  conservation  law
         relating thereto

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

    1    Section 1. Section 27-1001 of the environmental conservation  law,  as
    2  added by chapter 200 of the laws of 1982, is amended to read as follows:
    3  S 27-1001. Legislative findings.
    4    The  legislature hereby finds that litter composed of discarded {soft-
    5  drink, beer and ale bottles and cans} BEVERAGE CONTAINERS is  a  growing
    6  problem of state concern and a direct threat to the health and safety of
    7  the  citizens  of  this  state.  Discarded  beverage  {bottles and cans}
    8  CONTAINERS create a hazard to vehicular traffic, a  source  of  physical
    9  injury  to  pedestrians{,}  AND farm animals {and}, A HAZARD TO FARM AND
   10  OTHER machinery and an unsightly accumulation of litter  which  must  be

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.
                                                                  LBD12026-07-8

       A. 8044--A                          2

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

       A. 8044--A                          3

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

       A. 8044--A                          4

    1  HAS A REFUND VALUE OF NOT LESS THAN FIVE CENTS WHICH  IS  CLEARLY  INDI-
    2  CATED THEREON AS PROVIDED IN SECTION 27-1011 OF THIS TITLE.
    3  S 27-1007. MANDATORY ACCEPTANCE.
    4    EXCEPT AS PROVIDED IN SECTION 27-1009 OF THIS TITLE:
    5    1.  A  DEALER  SHALL  ACCEPT  AT  HIS  OR HER PLACE OF BUSINESS FROM A
    6  REDEEMER ANY EMPTY BEVERAGE  CONTAINERS  OF  THE  DESIGN,  SHAPE,  SIZE,
    7  COLOR, COMPOSITION AND BRAND SOLD OR OFFERED FOR SALE BY THE DEALER, AND
    8  SHALL  PAY  TO  THE  REDEEMER  THE  REFUND  VALUE  OF EACH SUCH BEVERAGE
    9  CONTAINER AS ESTABLISHED IN SECTION 27-1005 OF THIS  TITLE.  REDEMPTIONS
   10  OF  REFUND  VALUE  MUST BE IN LEGAL TENDER, OR A SCRIP OR RECEIPT FROM A
   11  REVERSE VENDING MACHINE, PROVIDED THAT  THE  SCRIP  OR  RECEIPT  CAN  BE
   12  EXCHANGED  FOR  LEGAL  TENDER  FOR  A PERIOD OF NOT LESS THAN SIXTY DAYS
   13  WITHOUT REQUIRING THE PURCHASE OF OTHER GOODS.  THE USE OR PRESENCE OF A
   14  REVERSE VENDING MACHINE SHALL NOT RELIEVE A DEALER  OF  ANY  OBLIGATIONS
   15  IMPOSED  PURSUANT TO THIS SECTION.  IF A DEALER UTILIZES A REVERSE VEND-
   16  ING MACHINE TO REDEEM CONTAINERS, THE DEALER SHALL PROVIDE REDEMPTION OF
   17  BEVERAGE CONTAINERS WHEN THE REVERSE VENDING MACHINE  IS  FULL,  BROKEN,
   18  UNDER  REPAIR  OR  DOES  NOT ACCEPT A TYPE OF BEVERAGE CONTAINER SOLD OR
   19  OFFERED FOR SALE BY SUCH DEALER AND MAY NOT LIMIT THE HOURS OR  DAYS  OF
   20  REDEMPTION  EXCEPT  AS PROVIDED BY SUBDIVISION THREE OF THIS SECTION.  A
   21  DEALER WHOSE PLACE OF BUSINESS IS AT LEAST FIFTY  THOUSAND  SQUARE  FEET
   22  WHICH  DOES NOT UTILIZE REVERSE VENDING MACHINES TO PROCESS EMPTY BEVER-
   23  AGE CONTAINERS FOR REDEMPTION SHALL: (A) ESTABLISH AND MAINTAIN A  DEDI-
   24  CATED  AREA  WITHIN  SUCH  BUSINESS  TO  ACCEPT  BEVERAGE CONTAINERS FOR
   25  REDEMPTION; (B) ADEQUATELY  STAFF  SUCH  AREA  TO  FACILITATE  EFFICIENT
   26  ACCEPTANCE  AND PROCESSING OF SUCH CONTAINERS DURING BUSINESS HOURS; AND
   27  (C) POST ONE OR MORE CONSPICUOUS SIGNS CONFORMING TO THE SIZE AND  COLOR
   28  REQUIREMENTS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION AT EACH PUBLIC
   29  ENTRANCE  TO  THE  BUSINESS  WHICH  DESCRIBES  WHERE IN THE BUSINESS THE
   30  REDEMPTION AREA IS LOCATED. THE COMMISSIONER MAY ESTABLISH IN RULES  AND
   31  REGULATIONS  ADDITIONAL STANDARDS FOR THE EFFICIENT PROCESSING OF BEVER-
   32  AGE CONTAINERS BY SUCH DEALERS.  ON ANY DAY THAT A DEALER  IS  OPEN  FOR
   33  LESS  THAN  TWENTY-FOUR  HOURS,  THE  DEALER  MAY RESTRICT OR REFUSE THE
   34  PAYMENT OF REFUND VALUES DURING THE FIRST AND LAST HOUR  THE  DEALER  IS
   35  OPEN FOR BUSINESS.
   36    2.  A  DEALER SHALL POST A CONSPICUOUS SIGN, AT THE POINT OF SALE THAT
   37  STATES:
   38                       "NEW YORK BOTTLE BILL OF RIGHTS

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

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

       A. 8044--A                          5

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

       A. 8044--A                          6

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

       A. 8044--A                          7

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

       A. 8044--A                          8

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

       A. 8044--A                          9

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

       A. 8044--A                         10

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

       A. 8044--A                         11

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

       A. 8044--A                         12

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

       A. 8044--A                         13

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

       A. 8044--A                         14

    1  MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM FOR  THE  TRANSACTION  OF
    2  ANY BUSINESS OF THE BOARD.
    3    6.  STAFF SERVICES, INCLUDING RECORDING OF BOARD PROCEEDINGS, SHALL BE
    4  PERFORMED BY PERSONNEL OF THE DEPARTMENT, OR SUCH STATE  DEPARTMENTS  OR
    5  AGENCIES AS THE CHAIR DEEMS APPROPRIATE OR DESIRABLE.
    6    7.  THE  DEPARTMENT  SHALL  PROVIDE  THE  BOARD  WITH SUCH FACILITIES,
    7  ASSISTANCE, AND DATA AS WILL ENABLE THE BOARD TO CARRY  OUT  ITS  POWERS
    8  AND  DUTIES.  ADDITIONALLY,  ALL OTHER AGENCIES OF THE STATE OR SUBDIVI-
    9  SIONS THEREOF SHALL, AT THE REQUEST OF THE CHAIR PROVIDE THE BOARD  WITH
   10  SUCH  FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE BOARD TO CARRY
   11  OUT ITS POWERS AND DUTIES.
   12    S 14. Section 27-1019 of the environmental conservation law is  renum-
   13  bered 27-1020 and a new section 27-1019 is added to read as follows:
   14  S 27-1019. BEVERAGE CONTAINER ASSISTANCE PROGRAM.
   15    NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WITHIN THE
   16  LIMITS  OF  APPROPRIATIONS  THEREFOR,  THE COMMISSIONER SHALL MAKE STATE
   17  ASSISTANCE PAYMENTS TO MUNICIPALITIES AND  NOT-FOR-PROFIT  ORGANIZATIONS
   18  FOR  THE COST OF REVERSE VENDING MACHINES AND GRANTS NOT TO EXCEED FIFTY
   19  PERCENT OF THE COSTS OF EQUIPMENT, AND/OR THE ACQUISITION  AND/OR  REHA-
   20  BILITATION  OF  REAL  PROPERTY  OR STRUCTURES RELATED TO THE COLLECTING,
   21  SORTING, AND PACKAGING OF  EMPTY  BEVERAGE  CONTAINERS  SUBJECT  TO  THE
   22  PROVISIONS  OF  THIS TITLE. SUCH PAYMENTS SHALL INCLUDE COSTS RELATED TO
   23  THE ESTABLISHMENT OF REDEMPTION  CENTERS,  INCLUDING  MOBILE  REDEMPTION
   24  CENTERS.   FOR   THE   PURPOSES  OF  THIS  SECTION,  MUNICIPALITIES  AND
   25  NOT-FOR-PROFIT ORGANIZATIONS  SHALL  HAVE  THE  MEANING  AS  DEFINED  IN
   26  SECTION 54-0101 OF THIS CHAPTER.
   27    S  15.  Paragraph  h  of  subdivision 1 of section 261 of the economic
   28  development law, as amended by chapter 471  of  the  laws  of  1998,  is
   29  amended to read as follows:
   30    h.  "Eligible  project"  shall mean actions taken by or on behalf of a
   31  New York business involving the acquisition,  construction,  alteration,
   32  repair  or  improvement of a building, fixtures, machinery or equipment,
   33  provided that such project results in:
   34    (i) source reduction  or  material  substitution,  provided  that  the
   35  substitution  of  one  hazardous substance, product or nonproduct output
   36  for another does not result in the creation of a new risk,
   37    (ii) in-process recycling,
   38    (iii) recycling or reuse of non-hazardous solid wastes,
   39    (iv) increased energy efficiency,
   40    (v) conservation of the  use  of  water  or  other  natural  resources
   41  improvements in process economics,
   42    (vi) elimination of the purchase of materials, the production of which
   43  for the use of said firm would result in more waste or resource consump-
   44  tion, or
   45    (vii) other practices or technologies that reduce the use of hazardous
   46  materials or otherwise improve air or water quality.
   47    THE  TERM "ELIGIBLE PROJECT" SHALL ALSO INCLUDE ACTIONS TAKEN BY OR ON
   48  BEHALF OF A NEW YORK BUSINESS TO SUPPORT COSTS OF EQUIPMENT, AND/OR  THE
   49  ACQUISITION AND/OR REHABILITATION OF REAL PROPERTY OR STRUCTURES RELATED
   50  TO  THE  COLLECTING, SORTING, AND PACKAGING OF EMPTY BEVERAGE CONTAINERS

   51  AS SUCH TERMS ARE DEFINED IN TITLE TEN OF ARTICLE  TWENTY-SEVEN  OF  THE
   52  ENVIRONMENTAL CONSERVATION LAW.
   53    The  term  "eligible  project" shall not include end of pipe pollution
   54  control technologies or practices where such controls or  practices  are
   55  designed  primarily to achieve compliance with the environmental conser-
   56  vation law or regulations promulgated pursuant thereto, or energy recov-

       A. 8044--A                         15

    1  ery or incineration, or out-of-process recycling or reuse  of  hazardous
    2  waste or hazardous substances.
    3    S  16.  Subdivision  3  of  section  92-s of the state finance law, as
    4  amended by chapter 145 of the laws  of  2004,  is  amended  to  read  as
    5  follows:
    6    3.  Such  fund shall consist of the amount of revenue collected within
    7  the state from the amount of revenue, interest and  penalties  deposited
    8  pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
    9  amount of fees and penalties received from easements or leases  pursuant
   10  to  subdivision fourteen of section seventy-five of the public lands law
   11  and the money received as annual service  charges  pursuant  to  section
   12  four  hundred four-l of the vehicle and traffic law, all moneys required
   13  to be deposited therein from the contingency reserve  fund  pursuant  to
   14  section  two  hundred  ninety-four of chapter fifty-seven of the laws of
   15  nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
   16  pursuant  to  section thirteen of chapter six hundred ten of the laws of
   17  nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
   18  section  54-0511 of the environmental conservation law, all moneys to be
   19  deposited from the Northville settlement pursuant to section one hundred
   20  twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
   21  hundred  ninety-six,  provided  however,  that such moneys shall only be
   22  used for the cost of the purchase of private lands in the core  area  of
   23  the  central  Suffolk  pine barrens pursuant to a consent order with the
   24  Northville industries signed on  October  thirteenth,  nineteen  hundred
   25  ninety-four  and  the related resource restoration and replacement plan,
   26  ALL MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO PARAGRAPH A OF  SUBDIVI-
   27  SION  FOUR OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW, the
   28  amount of penalties required to be deposited therein by section  71-2724
   29  of  the environmental conservation law, and all other moneys credited or
   30  transferred thereto from any other fund or source pursuant to  law.  All
   31  such  revenue  shall  be  initially  deposited  into  the  environmental
   32  protection fund, for application as provided in subdivision five of this
   33  section.
   34    S 17. Paragraph (b) of subdivision 6 of  section  92-s  of  the  state
   35  finance  law,  as amended by chapter 432 of the laws of 1997, is amended
   36  to read as follows:
   37    (b) Moneys from the solid waste account shall be  available,  pursuant
   38  to appropriation and upon certificate of approval of availability by the
   39  director of the budget, for any non-hazardous municipal landfill closure
   40  project;  municipal  waste reduction or recycling project, as defined in
   41  article fifty-four of the environmental conservation law; FOR THE BEVER-
   42  AGE CONTAINER ASSISTANCE PROGRAM PURSUANT  TO  SECTION  27-1019  OF  THE
   43  ENVIRONMENTAL  CONSERVATION LAW; for the purposes of section two hundred
   44  sixty-one and section two hundred sixty-four of the economic development
   45  law; any project for the development,  updating  or  revision  of  local
   46  solid waste management plans pursuant to sections 27-0107 and 27-0109 of
   47  the  environmental  conservation  law;  and  for  the development of the
   48  pesticide sales and use data base in conjunction with Cornell University
   49  pursuant to title twelve of article thirty-three  of  the  environmental
   50  conservation law.
   51    S 18. This act shall take effect immediately, provided however, that:
   52    1. sections two, three and seven of this act shall take effect Septem-
   53  ber 1, 2008;
   54    2. sections four, five, six, six-a, eight, ten, twelve and thirteen of
   55  this act shall take effect January 1, 2009; and

       A. 8044--A                         16

    1    3.  the  requirements  to  make  deposits, file reports and make with-
    2  drawals and payments under section 27-1012 of the environmental  conser-
    3  vation  law, as added by section seven of this act, shall first apply to
    4  the period beginning on January 1, 2009 and ending February 28, 2009.
Updated March 12, 2008