New York 2011 bill text
A 3630
The following text was found at http://assembly.state.ny.us/leg/?default_fld=&bn=A03670&Text=Y
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
litter control
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1 and 2 of section 27-1003 of the environ-
2 mental conservation law, as amended by section 2 of part SS of chapter
3 59 of the laws of 2009, are amended to read as follows:
4 1. "Beverage" means carbonated soft drinks, FRUIT JUICES, ICED TEA
5 BEVERAGES, MILK, water, beer, other malt beverages, WINE, LIQUOR and [a]
6 wine [product] PRODUCTS as defined in subdivision thirty-six-a of
7 section three of the alcoholic beverage control law. "Malt beverages"
8 means any beverage obtained by the alcoholic fermentation or infusion or
9 decoction of barley, malt, hops, or other wholesome grain or cereal and
10 water including, but not limited to ale, stout or malt liquor. "Water"
11 means any beverage identified through the use of letters, words or
12 symbols on its product label as a type of water, including any flavored
13 water or nutritionally enhanced water, provided, however, that "water"
14 does not include any beverage identified as a type of water to which a
15 sugar has been added.
16 2. "Beverage container" means the individual, separate, sealed glass,
17 metal, aluminum, steel or plastic bottle, can or jar used for containing
18 less than one gallon or 3.78 liters at the time of sale or offer for
19 sale of a beverage intended for use or consumption in this state AND
20 WHICH IS REFILLABLE WITH A CAPACITY TO BE REFILLED AND RESOLD NOT LESS
21 THAN TWENTY-FIVE TIMES. Beverage containers sold or offered for sale or
22 distributed aboard aircraft or ships shall be considered as intended for
23 use or consumption outside this state.
24 S 2. This act shall take effect January 1, 2012.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S 2877
The text of this bill was found at http://assembly.state.ny.us/leg/?default_fld=&bn=S02877&Text=Y
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
number of reverse vending machines required for mandatory acceptance
of empty beverage containers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (b) of subdivision 1 of section 27-1007 of the
2 environmental conservation law, as added by section 4 of part SS of
3 chapter 59 of the laws of 2009, is amended to read as follows:
4 (b) Beginning March first, two thousand ten, a dealer whose place of
5 business is part of a chain engaged in the same general field of busi-
6 ness which operates ten or more units in this state under common owner-
7 ship and whose business [exceeds] HAS AT LEAST: (i) forty thousand
8 [square feet] but [is] less than sixty thousand square feet DEVOTED TO
9 THE DISPLAY OF MERCHANDISE FOR SALE TO THE PUBLIC shall install and
10 maintain at least [three] TWO reverse vending machines at the dealer's
11 place of business; (ii) sixty thousand [square feet] but [is] less than
12 eighty-five thousand square feet DEVOTED TO THE DISPLAY OF MERCHANDISE
13 FOR SALE TO THE PUBLIC shall install and maintain at least [four] THREE
14 reverse vending machines at the dealer's place of business; or (iii)
15 eighty-five thousand square feet DEVOTED TO THE DISPLAY OF MERCHANDISE
16 FOR SALE TO THE PUBLIC shall install and maintain at least [eight] FOUR
17 reverse vending machines at the dealer's place of business[; provided,
18 however, that the]. THE requirements of this paragraph to install and
19 maintain reverse vending machines shall not apply to a dealer that: (I)
20 sells only refrigerated beverage containers of twenty ounces or less
21 where each beverage container is sold as an individual container that is
22 not connected to or packaged with any other beverage container; (II)
23 SELLS BEVERAGE CONTAINERS AND DEVOTES NO MORE THAN FIVE PERCENT OF ITS
24 FLOOR SPACE TO THE DISPLAY AND SALE OF CONSUMER COMMODITIES, AS DEFINED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09051-01-1
S. 2877 2
1 IN SECTION TWO HUNDRED FOURTEEN-H OF THE AGRICULTURE AND MARKETS LAW; OR
2 (III) OBTAINS A WAIVER FROM THE COMMISSIONER AUTHORIZING THE USE OF
3 ALTERNATIVE TECHNOLOGY THAT DETERMINES IF THE CONTAINER IS REDEEMABLE,
4 ACCUMULATES INFORMATION REGARDING CONTAINERS REDEEMED, AND ISSUES LEGAL
5 TENDER, OR A SCRIP, RECEIPT, OR OTHER FORM OF CREDIT FOR THE REFUND
6 VALUE, THAT CAN BE EXCHANGED FOR A PERIOD OF NOT LESS THAN SIXTY DAYS
7 WITHOUT REQUIRING THE PURCHASE OF OTHER GOODS.
8 S 2. This act shall take effect immediately.
S 3496
The text of this bill was found at http://assembly.state.ny.us/leg/?default_fld=&bn=S03496%09%09&Text=Y
AN ACT to amend the environmental conservation law, in relation to
refillable beverage containers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 27-1003 of the environmental conservation law is
2 amended by adding a new subdivision 9-a to read as follows:
3 9-A. "REFILLABLE BEVERAGE CONTAINER" MEANS A BEVERAGE CONTAINER WHICH
4 IS CONSTRUCTED AND DESIGNED TO BE STRUCTURALLY CAPABLE OF BEING REFILLED
5 AND RESOLD BY A DEPOSIT INITIATOR UP TO TEN TIMES AFTER ITS INITIAL USE.
6 S 2. Paragraph c of subdivision 4 of section 27-1012 of the environ-
7 mental conservation law, as added by section 8 of part SS of chapter 59
8 of the laws of 2009, is amended to read as follows:
9 c. AUTHORIZED RETENTION OF DEPOSITS FOR REFILLABLE BEVERAGE CONTAIN-
10 ERS. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, A DEPOSIT INITI-
11 ATOR THAT UTILIZES REFILLABLE BEVERAGE CONTAINERS SHALL BE ENTITLED TO
12 RETAIN THE DEPOSIT FOR ALL BOTTLES FOR WHICH A DEPOSIT WAS INITIATED AND
13 NOT REDEEMED. SUCH DEPOSITS MAY BE CALCULATED BY THE DEPOSIT INITIATOR
14 AND WITHDRAWN FROM THE REFUND VALUE ACCOUNT, SUBJECT TO ACCOUNTING BY
15 THE COMMISSIONER OF TAXATION AND FINANCE.
16 D. Final report. A deposit initiator who ceases to do business in this
17 state as a deposit initiator shall file a final report and remit payment
18 of eighty percent of all amounts remaining in the refund value account
19 as of the close of the deposit initiator's last day of business. The
20 commissioner of taxation and finance may require that the payments be
21 made electronically. The deposit initiator shall indicate on the report
22 that it is a "final report". The final report is due to be filed with
23 payment twenty days after the close of the quarterly period in which the
24 deposit initiator ceases to do business. In the event the deposit initi-
25 ator pays out more in refund values than it collects in such final quar-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09416-01-1
S. 3496 2
1 terly period, the deposit initiator may apply to the commissioner of
2 taxation and finance for a refund of the amount of such excess payment
3 of refund values from sources other than the refund value account, in
4 the manner as provided by the commissioner of taxation and finance.
5 S 3. This act shall take effect immediately.
Updated
March 14, 2011
