Bill Text: NY A05270 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to the number of reverse vending machines required for mandatory acceptance of empty beverage containers.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-06-16 - substituted by s2877a [A05270 Detail]

Download: New_York-2011-A05270-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5270--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 15, 2011
                                      ___________
       Introduced  by  M. of A. CANESTRARI, N. RIVERA -- read once and referred
         to  the  Committee  on   Environmental   Conservation   --   committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to amend the environmental conservation law, in relation to 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  (B)  OF  THIS
   19  SUBDIVISION  to  install and maintain reverse vending machines shall not
   20  apply to a dealer that: (I) sells only [refrigerated] beverage  contain-
   21  ers  of  twenty  ounces or less where [each] SUCH beverage [container is
   22  sold as an individual container that is not connected to or]  CONTAINERS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09051-05-1
       A. 5270--A                          2
    1  ARE  packaged  [with  any  other beverage container] IN QUANTITIES FEWER
    2  THAN SIX; (II) SELLS BEVERAGE CONTAINERS AND DEVOTES NO MORE  THAN  FIVE
    3  PERCENT  OF  ITS FLOOR SPACE TO THE DISPLAY AND SALE OF CONSUMER COMMOD-
    4  ITIES,  AS  DEFINED IN SECTION TWO HUNDRED FOURTEEN-H OF THE AGRICULTURE
    5  AND MARKETS LAW; OR (III) OBTAINS A WAIVER FROM THE COMMISSIONER AUTHOR-
    6  IZING DEALERS  TO  PROVIDE  CONSUMERS  WITH  AN  ALTERNATIVE  TECHNOLOGY
    7  THAT:(A)  DETERMINES  IF  THE  CONTAINER  IS  REDEEMABLE,  (B)  PROVIDES
    8  PROTECTIONS AGAINST FRAUD THROUGH A SYSTEM THAT VALIDATES EACH CONTAINER
    9  REDEEMED BY READING THE UNIVERSAL PRODUCT CODE AND, EXCEPT WITH  RESPECT
   10  TO  REFILLABLE CONTAINERS, RENDERS THE CONTAINER UNREDEEMABLE, (C) ACCU-
   11  MULATES INFORMATION REGARDING CONTAINERS  REDEEMED, AND (D) ISSUES LEGAL
   12  TENDER, OR A SCRIP, RECEIPT, OR OTHER FORM  OF  CREDIT  FOR  THE  REFUND
   13  VALUE,  THAT  CAN BE EXCHANGED FOR LEGAL TENDER FOR A PERIOD OF NOT LESS
   14  THAN SIXTY DAYS WITHOUT REQUIRING THE PURCHASE OF OTHER GOODS.  NOTWITH-
   15  STANDING  THE  FOREGOING,  IF  THE ALTERNATIVE TECHNOLOGY DOES NOT ALLOW
   16  CONSUMERS TO  IMMEDIATELY  OBTAIN  THE  REFUND  VALUE  OF  THE  REDEEMED
   17  CONTAINER,  A DEALER SHALL BE PERMITTED TO DEPLOY SUCH ALTERNATIVE TECH-
   18  NOLOGY ONLY IF IT ALSO OFFERS AN ALTERNATIVE THAT  ALLOWS  CONSUMERS  TO
   19  CONVENIENTLY  AND IMMEDIATELY OBTAIN SUCH REFUND VALUE THROUGH A REVERSE
   20  VENDING MACHINE OR OTHER ALTERNATIVE METHOD.
   21    S 2. This act shall take effect immediately.