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A05582 Summary:

MLTSPNSROaks, Ra, Raia, Thiele
Amd 27-1007, En Con L
Relates to mandatory acceptance of returnable beverage containers.
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A05582 Actions:

02/10/2017referred to environmental conservation
01/03/2018referred to environmental conservation
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A05582 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Garbarino (MS)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to mandatory acceptance of returnable beverage containers   PURPOSE: This bill would void the responsibility of deposit initiators to provide unlimited recycling materials to redemption centers and grocers. The bill would also authorize deposit initiators to count containers offsite to prevent fraudulent redemption.   SUMMARY OF PROVISIONS: Section 1 of the bill amends section 27-1007 of the Environmental Conservation Law to remove the requirement of deposit initiators to provide materials to retailers for the collection of beverage contain- ers. It also authorizes deposit initiators to count containers off-site, and the redemption centers may be present at the count. Section 2 of the bill provides that the act shall take effect immediate- ly.   EXISTING LAW: Currently, deposit initiators are required to provide unlimited collection materials to retailers upon request. They are also prohibited from verifying container counts off-site when retrieving bottles from redemption centers.   JUSTIFICATION: Since the implementation of returnable beverage container laws, mandates were placed on wholesalers that treat them unfairly. The first of these was a requirement that beverage bottling and whole- saling companies provide boxes and bags to retailers upon the retailer's request. This subjects these companies to unlimited costs and also gives the retailer an unfair advantage in terms of the absorption of costs from the mandates. Even if a retailer only needs 100 bags from such company, they are allowed to request 1000, and there is no restriction as to what the retailer can use the materials for. The second unfair mandate was that the wholesalers and bottlers blindly trust redemption center counts when retrieving bottles returned to the centers, and this opens companies up to fraudulent redemption. A redemp- tion center can hand in bags with 100 containers, but claim there is 120 containers, and over long periods of time or with larger loads for return, this costs companies considerable amounts of money. This bill remedies the effects of the mandates by removing the burden- some requirement for the wholesalers and bottlers to provide collection materials, but does not restrict them from providing the materials in an agreement with retailers, where they can negotiate being paid for the materials. It also gives companies the option of counting the containers at a preferred location with the redemption centers present; to ensure appropriate payment is made to redemption centers and fraudulent report- ing of containers is avoided.   LEGISLATIVE HISTORY: A7762 of 2013/2014 - Held for consideration in Environmental Conserva- tion A1521 of 2015/2016 - Held for consideration in Environmental Conserva- tion   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: Immediately.
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A05582 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 10, 2017
        Introduced by M. of A. GARBARINO -- Multi-Sponsored by -- M. of A. LUPI-
          NACCI, OAKS, RA, RAIA, THIELE -- read once and referred to the Commit-
          tee on Environmental Conservation
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          mandatory acceptance of returnable beverage containers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  8  of  section  27-1007 of the environmental
     2  conservation law, as added by section 4 of part SS of chapter 59 of  the
     3  laws of 2009, is amended to read as follows:
     4    8.  [It  shall  be  the  responsibility  of  the  deposit initiator or
     5  distributor to provide to a dealer or  redemption  center  a  sufficient
     6  number  of  bags, cartons, or other suitable containers, at no cost, for
     7  the packaging, handling and pickup of empty beverage containers that are
     8  not redeemed through a reverse vending machine. The  bags,  cartons,  or
     9  containers must be provided by the deposit initiator or distributor on a
    10  schedule  that allows the dealer or redemption center sufficient time to
    11  sort the empty beverage containers prior  to  pick  up  by  the  deposit
    12  initiator or distributor. In addition:]
    13    (a)  When picking up empty beverage containers, a deposit initiator or
    14  distributor shall not require a dealer  or  redemption  center  to  load
    15  their  own  bags,  cartons or containers onto or into the deposit initi-
    16  ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
    17  equipment needed to do so.
    18    (b)  A  deposit initiator or distributor [shall not] may require empty
    19  containers to be counted at a location other than the redemption  center
    20  or  dealer's  place  of  business. The dealer or redemption center shall
    21  have the right to be present at the count.
    22    (c) A deposit initiator or distributor shall pick  up  empty  beverage
    23  containers  from the dealer or redemption center at reasonable times and
    24  intervals as determined in  rules  or  regulations  promulgated  by  the
    25  department.
    26    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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