A05028 Summary:

BILL NOA05028A
 
SAME ASSAME AS S02129-A
 
SPONSOREnglebright
 
COSPNSRLifton, Thiele, Fahy, D'Urso, Gottfried, Ortiz, Paulin, Lupardo, DenDekker, Quart, Stirpe, Simon, Seawright, Hunter, Dinowitz, Carroll, Fernandez, Griffin, Jaffee, Rosenthal L, Colton, Reyes, Cahill, Glick, Byrne, Galef, Stern, Abinanti, Barron
 
MLTSPNSR
 
Amd 27-1003, 27-1007, 27-1011, 27-1012 & 27-1014, En Con L; amd part F 12, Chap 58 of 2017
 
Relates to returnable bottles; extends the effectiveness of the "Cleaner, Greener NY Act of 2013".
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A05028 Actions:

BILL NOA05028A
 
02/06/2019referred to environmental conservation
03/07/2019amend (t) and recommit to environmental conservation
03/07/2019print number 5028a
03/12/2019reported referred to codes
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A05028 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Englebright DATE:03/12/2019AYE/NAY:28/1 Action: Favorable refer to committee Codes
EnglebrightAyeStecAye
GlickAyeRaiaNay
ColtonAyePalumboAye
CymbrowitzAyeMill MLExcused
LiftonAyeMill B Aye
O'DonnellAyeTagueAye
GuntherAyeLiPetriAye
JaffeeAyeSmullenAye
CrespoAye
ThieleAye
AbinantiAye
RyanAye
FahyAye
OtisAye
WilliamsAye
BarrettAye
D'UrsoAye
CarrollAye
BurkeAye
GriffinAye
RomeoAye
EpsteinAye

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A05028 Floor Votes:

There are no votes for this bill in this legislative session.
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A05028 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5028--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2019
                                       ___________
 
        Introduced  by M. of A. ENGLEBRIGHT, LIFTON, THIELE, FAHY, D'URSO, GOTT-
          FRIED, ORTIZ, PAULIN, LUPARDO, DenDEKKER, QUART, STIRPE, SANTABARBARA,
          SIMON, SEAWRIGHT, HUNTER -- 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
          returnable bottles; and to amend chapter 58 of the laws of 2013 amend-
          ing the environmental conservation  law  and  the  state  finance  law
          relating  to the "Cleaner, Greener NY Act of 2013", in relation to the
          effectiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section  27-1003 of the environmental
     2  conservation law, as amended by section 2 of part SS of  chapter  59  of
     3  the laws of 2009, is amended to read as follows:
     4    1.  "Beverage"  means  carbonated soft drinks, water, beer, other malt
     5  beverages [and a], wine, liquor, distilled spirit coolers, and cider and
     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. Subdivision 1 of section 27-1003 of the  environmental  conserva-
    17  tion  law,  as amended by section one of this act, is amended to read as
    18  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07752-03-9

        A. 5028--A                          2
 
     1    1. "Beverage" means carbonated soft drinks, noncarbonated soft drinks,
     2  noncarbonated fruit or vegetable juices containing less than one hundred
     3  percent fruit or vegetable juice, coffee and tea  beverages,  carbonated
     4  fruit  beverages,  water,  beer,  other  malt  beverages,  wine, liquor,
     5  distilled  spirit  coolers,  and  cider  and wine products as defined in
     6  section three of the alcoholic beverage control  law.  "Malt  beverages"
     7  means any beverage obtained by the alcoholic fermentation or infusion or
     8  decoction  of barley, malt, hops, or other wholesome grain or cereal and
     9  water including, but not limited to ale, stout or malt  liquor.  "Water"
    10  means  any  beverage  identified  through  the  use of letters, words or
    11  symbols on its product label as a type of water, including any  flavored
    12  water or nutritionally enhanced water.
    13    §  3. Subdivision 12 of section 27-1003 of the environmental conserva-
    14  tion law, as added by section 3 of part SS of chapter 59 of the laws  of
    15  2009, is amended and a new subdivision 14 is added to read as follows:
    16    12.  "Reverse  vending  machine" means an automated device that uses a
    17  laser scanner, microprocessor, or other technology to accurately  recog-
    18  nize  the universal product code (UPC) on containers to determine if the
    19  container is redeemable and accumulates information regarding containers
    20  redeemed, including the number  of  such  containers  redeemed,  thereby
    21  enabling the reverse vending machine to accept containers from redeemers
    22  and  to issue a scrip or receipt for their refund value. Such definition
    23  shall also apply to alternative technology approved by the  commissioner
    24  pursuant  to  subparagraph  (iii) of paragraph (b) of subdivision one of
    25  section 27-1007 of this title.
    26    14. "State-specific UPC code" means a universal product code and label
    27  design that is unique to New York or used only in New York and any other
    28  states that have a substantially similar refund value law.
    29    § 4. Section 27-1007 of the environmental conservation law,  as  added
    30  by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
    31  of  subdivision  1  as  amended  by chapter 459 of the laws of 2011, and
    32  subdivision 12 as added by section 3 of part F of chapter 58 of laws  of
    33  2013, is amended to read as follows:
    34  § 27-1007. Mandatory acceptance.
    35    Except as provided in section 27-1009 of this title:
    36    1.  (a)  A  dealer shall accept at his or her place of business from a
    37  redeemer any empty beverage  containers  of  the  design,  shape,  size,
    38  color, composition and brand sold or offered for sale by the dealer, and
    39  shall  pay  to  the  redeemer  the  refund  value  of each such beverage
    40  container as established in section 27-1005 of this  title.  Redemptions
    41  of  refund  value  must be in legal tender, or a scrip or receipt from a
    42  reverse vending machine, provided that  the  scrip  or  receipt  can  be
    43  exchanged  for  legal  tender  for  a period of not less than sixty days
    44  without requiring the purchase of other goods.  In the event such  scrip
    45  or  receipt  expires, such scrip or receipt must indicate any expiration
    46  date and the dealer must post a conspicuous  sign  indicating  how  many
    47  days  a  redeemer has to exchange the scrip or receipt for legal tender.
    48  If such notification is not provided, a  dealer  must  redeem  the  full
    49  refund value indicated on any legible scrip or receipt. The use or pres-
    50  ence  of  a  reverse  vending  machine shall not relieve a dealer of any
    51  obligations imposed pursuant to this section. If  a  dealer  utilizes  a
    52  reverse  vending  machine to redeem containers, the dealer shall provide
    53  redemption of beverage containers when the reverse  vending  machine  is
    54  full,  broken,  under  repair  or  does  not  accept  a type of beverage
    55  container sold or offered for sale by such dealer and may not limit  the

        A. 5028--A                          3
 
     1  hours  or  days of redemption except as provided by subdivision three of
     2  this section.
     3    (b)  Beginning  March first, two thousand ten, a dealer whose place of
     4  business is part of a chain engaged in the same general field  of  busi-
     5  ness  which operates ten or more units in this state under common owner-
     6  ship and whose business has at least: (i) forty thousand but  less  than
     7  sixty  thousand  square  feet  devoted to the display of merchandise for
     8  sale to the public shall install and maintain at least two reverse vend-
     9  ing machines at the dealer's place of business; (ii) sixty thousand  but
    10  less  than  eighty-five  thousand  square feet devoted to the display of
    11  merchandise for sale to the public shall install and maintain  at  least
    12  three  reverse  vending  machines  at the dealer's place of business; or
    13  (iii) eighty-five  thousand  square  feet  devoted  to  the  display  of
    14  merchandise  for  sale to the public shall install and maintain at least
    15  four reverse vending machines at the dealer's  place  of  business.  The
    16  requirements  of  paragraph (b) of this subdivision to install and main-
    17  tain reverse vending machines shall not apply  to  a  dealer  that:  (i)
    18  sells  only  beverage  containers  of  twenty  ounces or less where such
    19  beverage containers are packaged in  quantities  fewer  than  six;  (ii)
    20  sells  beverage  containers and devotes no more than five percent of its
    21  floor space to the display and sale of consumer commodities, as  defined
    22  in section two hundred fourteen-h of the agriculture and markets law; or
    23  (iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
    24  provide consumers with an alternative technology that: (A) determines if
    25  the container is redeemable,  (B)  provides  protections  against  fraud
    26  through  a  system that validates each container redeemed by reading the
    27  universal product code and, except with respect to  refillable  contain-
    28  ers,  renders  the  container  unredeemable, (C) accumulates information
    29  regarding containers redeemed, and (D) issues legal tender, or a  scrip,
    30  receipt,  or  other  form  of  credit  for the refund value, that can be
    31  exchanged for legal tender for a period of  not  less  than  sixty  days
    32  without  requiring  the purchase of other goods and includes any expira-
    33  tion date on the scrip, receipt, or other from of credit.  Notwithstand-
    34  ing  the foregoing, if the alternative technology does not allow consum-
    35  ers to immediately obtain the refund value of the redeemed container,  a
    36  dealer  shall be permitted to deploy such alternative technology only if
    37  it also offers an alternative that allows consumers to conveniently  and
    38  immediately  obtain  such refund value through a reverse vending machine
    39  or other alternative method.
    40    (c) A dealer to which paragraph (b) of this subdivision does not apply
    41  and whose place of business is at least forty thousand square feet which
    42  does not utilize reverse vending  machines  to  process  empty  beverage
    43  containers  for redemption shall: (i) establish and maintain a dedicated
    44  area within such business to accept beverage containers for  redemption;
    45  (ii)  adequately  staff such area to facilitate efficient acceptance and
    46  processing of such containers during business hours; and (iii) post  one
    47  or  more conspicuous signs conforming to the size and color requirements
    48  described in subdivision two of this section at each public entrance  to
    49  the  business  which describes where in the business the redemption area
    50  is located. The commissioner may  establish  in  rules  and  regulations
    51  additional standards for the efficient processing of beverage containers
    52  by such dealers.
    53    (d)  For  the purposes of this subdivision on any day that a dealer is
    54  open for less than twenty-four hours, the dealer may restrict or  refuse
    55  the  payment  of refund values during the first and last hour the dealer
    56  is open for business.

        A. 5028--A                          4
 
     1    2. A dealer shall post a conspicuous sign, at the point of sale,  that
     2  states:
     3                       "NEW YORK BOTTLE BILL OF RIGHTS

     4   STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
     5           THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 
     6  YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
     7  ACT:
     8    THE RIGHT to return your empties for refund to any  dealer  who  sells
     9  the  same brand, type and size, whether you bought the beverage from the
    10  dealer or not. It is illegal to return containers for  refund  that  you
    11  did not pay a deposit on in New York state.
    12    THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
    13  purchase.
    14    THE RIGHT to return your empties any day, any  hour,  except  for  the
    15  first  and  last hour of the dealer's business day (empty containers may
    16  be redeemed at any time in 24-hour stores).
    17    THE RIGHT to return your containers if  they  are  empty  and  intact.
    18  Washing  containers  is not required by law, but is strongly recommended
    19  to maintain sanitary conditions.
    20    The New York state returnable container act can be enforced by the New
    21  York state department of environmental conservation, the New York  state
    22  department  of agriculture and markets, the New York state department of
    23  taxation and finance, the New York state attorney general and/or by your
    24  local government."
    25    Such sign must be no less than eight inches by ten inches in size  and
    26  have  lettering a minimum of one quarter inch high, and of a color which
    27  contrasts with the background. The department shall maintain a toll free
    28  telephone number for a "bottle bill complaint line" that shall be avail-
    29  able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
    30  violations of this title. The telephone number shall be  listed  on  any
    31  sign required by this section.
    32    3.  On  or after June first, two thousand nine, a dealer may limit the
    33  number of empty beverage containers to be accepted for redemption at the
    34  dealer's place of business to no less than  seventy-two  containers  per
    35  visit, per redeemer, per day, provided that:
    36    (a) The dealer has a written agreement with a redemption center, be it
    37  either  at  a  fixed physical location within the same county and within
    38  [one-half] one mile of the dealer's  place  of  business,  or  a  mobile
    39  redemption  center,  operated  by  a  redemption center, that is located
    40  within one-quarter mile of the dealer's place of business.  The  redemp-
    41  tion  center  must  have  a  written agreement with the dealer to accept
    42  containers on behalf of the dealer; and the redemption center's hours of
    43  operation must cover at least 9:00 a.m. through 7:00 p.m.  daily  or  in
    44  the  case  of  a  mobile  redemption center, the hours of operation must
    45  cover at least four consecutive hours between 8:00 a.m.  and  8:00  p.m.
    46  daily.  The  dealer must post a conspicuous, permanent sign, meeting the
    47  size and color specifications set  forth  in  subdivision  two  of  this
    48  section,  open  to  public  view,  identifying the location and hours of
    49  operation of the  affiliated  redemption  center  or  mobile  redemption
    50  center; and
    51    (b)  The  dealer provides, at a minimum, a consecutive two hour period
    52  between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept  up
    53  to  two  hundred  forty  containers,  per redeemer, per day, and posts a
    54  conspicuous, permanent sign, meeting the size and  color  specifications

        A. 5028--A                          5
 
     1  set forth in subdivision two of this section, open to public view, iden-
     2  tifying  those  hours. The dealer may not change the hours of redemption
     3  without first posting a thirty day notice; and
     4    (c) The dealer's primary business is the sale of food or beverages for
     5  consumption  off-premises,  and  the  dealer's place of business is less
     6  than ten thousand square feet in size.
     7    4. A deposit initiator shall accept from a dealer  or  operator  of  a
     8  redemption  center  any  empty  beverage container of the design, shape,
     9  size, color, composition and brand sold  or  offered  for  sale  by  the
    10  deposit  initiator, and shall pay the dealer or operator of a redemption
    11  center the refund value of each such beverage container  as  established
    12  by  section  27-1005 of this title. A deposit initiator shall accept and
    13  redeem all such empty beverage containers from a  dealer  or  redemption
    14  center without limitation on quantity.
    15    5.  A  deposit  initiator's  or distributor's failure to pick up empty
    16  beverage containers, including containers processed in a reverse vending
    17  machine, from a redemption center, dealer or the operator of  a  reverse
    18  vending  machine, in a timely manner and at reasonable times as provided
    19  by the department pursuant to the regulations  promulgated  pursuant  to
    20  paragraph  (c) of subdivision eight of this section shall be a violation
    21  of this title.
    22    6. In addition to the refund value of a beverage container  as  estab-
    23  lished  by  section 27-1005 of this title, a deposit initiator shall pay
    24  to any dealer or operator of a  redemption  center  a  handling  fee  of
    25  [three  and one-half] five cents for each beverage container accepted by
    26  the deposit initiator from such  dealer  or  operator  of  a  redemption
    27  center.    Payment  of  the  handling  fee  shall be as compensation for
    28  collecting, sorting and  packaging  of  empty  beverage  containers  for
    29  transport  back to the deposit initiator or its designee. Payment of the
    30  handling fee may not be conditioned on the  purchase  of  any  goods  or
    31  services,  nor  may such payment be made out of the refund value account
    32  established pursuant to section 27-1012 of this title. A distributor who
    33  does not initiate deposits on a type of beverage container is considered
    34  a dealer only for the purpose of receiving a handling fee from a deposit
    35  initiator.
    36    7. A deposit initiator on a brand shall accept from a distributor  who
    37  does  not  initiate deposits on that brand any empty beverage containers
    38  of that brand accepted by the distributor from a dealer or operator of a
    39  redemption center and shall reimburse the distributor the  refund  value
    40  of  each  such  beverage container, as established by section 27-1005 of
    41  this title. In addition, the  deposit  initiator  shall  reimburse  such
    42  distributor  for  each  such  beverage container the handling fee estab-
    43  lished under subdivision six  of  this  section.  Without  limiting  the
    44  rights  of  the department or any person, firm or corporation under this
    45  subdivision or any other provision of this section, a distributor  shall
    46  have  a  civil  right  of action to enforce this subdivision, including,
    47  upon three days notice, the right to apply for temporary and preliminary
    48  injunctive relief against continuing violations, and until  arrangements
    49  for  collection  and return of empty containers or reimbursement of such
    50  distributor for such deposits and handling fees are made.
    51    8. It shall be the responsibility of the deposit initiator or distrib-
    52  utor to provide to a dealer or redemption center a sufficient number  of
    53  bags, cartons, or other suitable containers, at no cost, for the packag-
    54  ing,  handling  and  pickup  of  empty  beverage containers that are not
    55  redeemed through a  reverse  vending  machine.  The  bags,  cartons,  or
    56  containers must be provided by the deposit initiator or distributor on a

        A. 5028--A                          6
 
     1  schedule  that allows the dealer or redemption center sufficient time to
     2  sort the empty beverage containers prior  to  pick  up  by  the  deposit
     3  initiator or distributor. In addition:
     4    (a)  When picking up empty beverage containers, a deposit initiator or
     5  distributor shall not require a dealer  or  redemption  center  to  load
     6  their  own  bags,  cartons or containers onto or into the deposit initi-
     7  ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
     8  equipment  needed  to  do  so.  However,  where  pallets or skids, bags,
     9  cartons or containers are readily movable only by means of a forklift or
    10  similar equipment, a deposit initiator  or  distributor  may  require  a
    11  dealer  or redemption center to move or load such items at no cost using
    12  a forklift or similar equipment belonging to the  dealer  or  redemption
    13  center  provided  that  such equipment and appropriate staff are readily
    14  available.
    15    (b) A  deposit  initiator  or  distributor  shall  not  require  empty
    16  containers  to be counted at a location other than the redemption center
    17  or dealer's place of business. The dealer  or  redemption  center  shall
    18  have the right to be present at the count. In the event of a discrepancy
    19  between  the  count  of the dealer or redemption center and the count of
    20  the deposit  initiator  or  distributor  for  containers  not  processed
    21  through  a  reverse  vending  machine all such empty containers shall be
    22  retained and a re-count may be requested. The re-count may be held at  a
    23  location  other than the redemption center or dealer's place of business
    24  only if the dealer or redemption center agrees and is present.
    25    (c) A deposit initiator or distributor shall pick  up  empty  beverage
    26  containers  from  the dealer or redemption center in a timely manner and
    27  at reasonable times [and intervals] as  determined  in  rules  or  regu-
    28  lations  promulgated  by  the  department no later than April first, two
    29  thousand twenty.
    30    9. No person shall return or assist another to return to a  dealer  or
    31  redemption  center  an  empty beverage container for its refund value if
    32  such container had previously been accepted for redemption by a  dealer,
    33  redemption center, or deposit initiator who initiates deposits on bever-
    34  age containers of the same brand.
    35    10.  A  redeemer,  dealer,  distributor or redemption center shall not
    36  knowingly redeem an empty beverage container  on  which  a  deposit  was
    37  never paid in New York state.
    38    11.  Notwithstanding  the  provisions  of  subdivision  two of section
    39  27-1009 of this title, a deposit initiator or distributor  shall  accept
    40  and  redeem beverage containers as provided in this title, if the dealer
    41  or operator of a redemption center shall  have  accepted  and  paid  the
    42  refund value of such beverage containers.
    43    12. No person shall intentionally program, tamper with, render inaccu-
    44  rate, or circumvent the proper operation of a reverse vending machine to
    45  wrongfully  elicit  deposit  monies  when  no valid, redeemable beverage
    46  container has been placed in and properly processed by the reverse vend-
    47  ing machine.
    48    13. The department and the department  of  taxation  and  finance  are
    49  authorized to audit any reverse vending machine.
    50    § 5. Paragraph (b) of subdivision 3 of section 27-1011 of the environ-
    51  mental  conservation law, as added by section 1 of part PP of chapter 58
    52  of the laws of 2018, is amended and a new subdivision 4 is added to read
    53  as follows:
    54    (b) comply with minimum post-consumer recycled  material  content  and
    55  hole diameter limitations as defined in rules and regulations promulgat-

        A. 5028--A                          7
 
     1  ed by the department no later than April first, two thousand twenty, and
     2  is recyclable and indicates a resin identification code.
     3    4.  (a)  Effective January first, two thousand twenty-two, every glass
     4  beverage container shall contain a  minimum  percentage  of  thirty-five
     5  percent  post-consumer glass and every aluminum beverage container shall
     6  contain a minimum percentage of thirty-five percent post-consumer alumi-
     7  num.
     8    (b) Effective January first, two thousand twenty-five, every polyethy-
     9  lene terephthalate (PET) beverage container shall contain no  less  than
    10  twenty-five percent post-consumer PET.
    11    (c) Effective January first, two thousand thirty, every plastic bever-
    12  age  container  shall  contain no less than thirty percent post-consumer
    13  plastic.
    14    (d) The department may, by regulation, grant a reduction or waiver  of
    15  the  percentage  requirement established pursuant to this subdivision if
    16  the department finds and determines that it is technologically  infeasi-
    17  ble for the bottler to achieve the specified percent requirement.
    18    §  6.  Paragraph c of subdivision 3 of section 27-1012 of the environ-
    19  mental conservation law, as added by section 8 of part SS of chapter  59
    20  of the laws of 2009, is amended to read as follows:
    21    c.  all withdrawals from the refund value account during such quarter,
    22  including all reimbursements paid pursuant to subdivision  two  of  this
    23  section,  all service charges on the account, provided that such service
    24  charges do not exceed the maximum amount authorized by the commissioner,
    25  and all payments made pursuant to subdivision four of this section; and
    26    § 7. Paragraph a of subdivision 4 of section 27-1012 of  the  environ-
    27  mental  conservation law, as added by section 8 of part SS of chapter 59
    28  of the  laws of 2009, is amended to read as follows:
    29    a. Quarterly payments. An  amount  equal  to  eighty  percent  of  the
    30  balance  outstanding  in  the  refund value account at the close of each
    31  quarter shall be paid to the commissioner of taxation and finance at the
    32  time the report provided for in subdivision three  of  this  section  is
    33  required  to  be  filed.  The  commissioner  of taxation and finance may
    34  require that the payments be made electronically. The  remaining  twenty
    35  percent of the balance outstanding at the close of each quarter shall be
    36  the  monies  of  the  deposit  initiator  and may be withdrawn from such
    37  account by the deposit initiator.  However, until April first, two thou-
    38  sand twenty-five, a deposit initiator who initiates deposits on beverage
    39  containers with a state-specific universal product code may be  entitled
    40  to  pay an amount equal to seventy-five percent of the balance outstand-
    41  ing in the refund value account specifically  attributable  to  beverage
    42  containers bearing such product code at the close of each quarter to the
    43  commissioner of taxation and finance at the time the report provided for
    44  in  subdivision three of this section is required to  be filed. No later
    45  than October first, two thousand twenty-four, the commissioner of  taxa-
    46  tion  and finance shall submit a report to the governor and the legisla-
    47  ture regarding the implementation of the state-specific universal  prod-
    48  uct  code and an evaluation of its effectiveness in decreasing fraud. If
    49  the provisions of this section with respect to  such  account  have  not
    50  been  fully  complied  with,  each  deposit  initiator shall pay to such
    51  commissioner at such time, in  lieu  of  the  amount  described  in  the
    52  preceding sentence, an amount equal to the balance which would have been
    53  outstanding  on  such date had such provisions been fully complied with.
    54  The commissioner of taxation and finance may require that  the  payments
    55  be made electronically.

        A. 5028--A                          8

     1    §  8. Subdivision 12 of section 27-1012 of the environmental conserva-
     2  tion law, as amended by section 6 of part F of chapter 58 of the laws of
     3  2013, is amended to read as follows:
     4    12. a. Each deposit initiator shall provide a report to the department
     5  describing  all  the  types of beverage containers on which it initiates
     6  deposits. The report shall include the product name, type  of  beverage,
     7  size  and composition of the beverage container, universal product code,
     8  the presence of  any  state-specific  universal  product  code  and  the
     9  percentage of products covered by such code, the methods used to prevent
    10  the fraudulent sale and redemption of beverage containers, and any other
    11  information  the  department may require. Upon request, a deposit initi-
    12  ator shall also provide to the department a copy of the container  label
    13  or  a picture of any beverage container sold or offered for sale in this
    14  state on which  it  initiates  a  deposit.  Such  information  shall  be
    15  provided  in  a form as prescribed by the department. The department may
    16  require that such forms be filed electronically.
    17    b. A bottler may  place  on  a  beverage  container  a  state-specific
    18  universal product code [or other distinctive marking that is specific to
    19  the  state  or  used  only  in  the state and any other states with laws
    20  substantially similar to this title] as a means of preventing  the  sale
    21  or redemption of beverage containers on which no deposit was initiated.
    22    c.  A  bottler  or deposit initiator shall notify the department, in a
    23  form prescribed by the department,  whenever  a  beverage  container  or
    24  beverage  container  label  is revised by altering the universal product
    25  code, or whenever the  container  on  which  a  universal  product  code
    26  appears  is changed in size, composition or glass color, or whenever the
    27  container or container label on which a universal product  code  appears
    28  is  changed  to include a state-specific universal product code [that is
    29  unique to the state or used only in the state and any other states  with
    30  laws substantially similar to this title].
    31    § 9. Section 27-1014 of the environmental conservation law, as amended
    32  by  section  10 of part SS of chapter 59 of the laws of 2009, is amended
    33  to read as follows:
    34  § 27-1014. Authority to promulgate rules and regulations.
    35    In addition to the  authority  of  the  commissioner,  under  sections
    36  27-1007,  27-1009,  27-1011,  27-1012,  and  27-1013  of this title, the
    37  commissioner shall have the power to promulgate  rules  and  regulations
    38  necessary and appropriate for the administration of this title.
    39    §  10. Section 12 of part F of chapter 58 of the laws of 2013 amending
    40  the environmental conservation law and the state finance law relating to
    41  the "Cleaner, Greener NY Act of 2013", as amended by section 2-b of part
    42  JJ of chapter 58 of the laws of 2017, is amended to read as follows:
    43    § 12. This act shall take effect immediately and shall  be  deemed  to
    44  have been in full force and effect on and after April 1, 2013; provided,
    45  however,  that  the  amendments to subdivision 5-a of section 27-1015 of
    46  the environmental conservation law, as added by  section  nine  of  this
    47  act, shall expire and be deemed repealed on April 1, [2019] 2021.
    48    §  11. This act shall take effect on April 1, 2020; provided, however,
    49  that section two of this act shall take effect on April 1, 2021.  Effec-
    50  tive  immediately,  the addition, amendment and/or repeal of any rule or
    51  regulation necessary for the implementation of this act on its effective
    52  date are authorized to be made and completed on or before such effective
    53  date.
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