A02517 Floor Votes:
|Carrozza||Y||Fitzpatrick||NO||Kirwan||NO||Mirones||Y||Rive P||ER||Mr Spkr||Y|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2517D SPONSOR: DiNapoli (MS)
TITLE OF BILL: An act to amend the environmental conservation law, the economic development law and the state finance law, in relation to returnable beverage containers; and to repeal sections 27-1005, 27-1007 and subdivision 2 of section 27-1011 of the environmental conservation law relating thereto   PURPOSE: To expand the bottle bill to cover all beverages with the exception of liquor, wine, infant formula, milk, rice milk, soy milk, nutritional supplements, medications, concentrates and soups; and to provide for the return of unclaimed deposits on beverage containers to the State for deposit into the Environmental Protection Fund (EPF).   SUMMARY OF PROVISIONS: The bill amends the ECL and the State Finance Law to provide for the expansion of the bottle bill and the recapture of unclaimed deposits. Specifically the bottle bill is expanded to cover all beverages, with the exception of liquor, wine, infant formula, milk, rice milk, soy milk, nutritional supplements, medications, concentrates and soups. Additionally, this portion of the bill would provide for a mechanism by which "deposit initiators" (bottlers, certain distributors and certain retailers) would be required to submit unclaimed deposits to the Depart- ment of Tax and Finance quarterly. These monies would be deposited in the EPF, and would be distributed regionally (by DEC region) propor- tionally to the amount that came in from each region (i.e. New York City unclaimed deposits would be returned to New York City and Long Island deposits would be returned to Long Island). The bill also increases the "handling fee" from two cents to three-and-a-half cents.   JUSTIFICATION: The bottle bill has been one of New York's most successful recycling initiatives. Not only has it reduced litter along our roadways and in our public spaces, but it has reduced the burden of solid waste disposal that is shouldered by our municipalities. Nonetheless, since enactment of the bottle bill in 1982, beverages such as bottled water, juices and teas have been introduced into the consumer stream and the containers have been introduced into the waste stream. It is time to update the bottle bill to include these new products, and this bill will accomplish that. As the need to fund environmental initiatives across New York State increases, it is time to dedicate the unclaimed deposits to such projects and programs. Right now the bottlers and distributors who initiate the deposit collection system enjoy a five-cent windfall for each container that is not returned. This bill would return those unclaimed deposits, which currently total at least $85 million annually, to the people of the State for environmental purposes.   LEGISLATIVE HISTORY: 2002: A.11442 - referred to Environmental Conservation 2003: A.3922A - referred to En Con, reported to Codes, reported to Ways & Means 2004: A.3922B - referred to En Con, reported to Codes   FISCAL IMPLICATIONS: DEC's estimate of the current amount of unclaimed deposits is $85 million annually. The Container Recycling Institute (CRI) estimates that unclaimed deposits in New York State actually total $137 million and that under an expanded bottle bill there would be $179 million in unclaimed deposits. These monies would be deposited in the Environmental Protection Fund.   EFFECTIVE DATE: This act shall take effect on the first day of January next succeeding the date on which it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ S. 1290--D A. 2517--D Cal. No. 74 2005-2006 Regular Sessions SENATE - ASSEMBLY January 26, 2005 ___________ IN SENATE -- Introduced by Sens. LAVALLE, BONACIC, LEIBELL, MALTESE, MARCHI, PADAVAN, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. DiNAPOLI, WEISENBERG, GRANNIS, COLTON, DINOWITZ, CYMBROWITZ, ENGLEBRIGHT, CLARK, GALEF, TONKO, CARROZZA, A. COHEN, PAULIN, HOYT, N. RIVERA, COOK, FIELDS, R. DIAZ, L. DIAZ -- Multi-Sponsored by -- M. of A. ALFANO, AUBRY, BARRA, BING, BOYLAND, BRADLEY, BRENNAN, CAHILL, CANESTRARI, CHRISTENSEN, CUSICK, DelMONTE, EDDINGTON, FARRELL, GIANARIS, GLICK, GOTTFRIED, GREEN, HEVE- SI, HOOPER, JACOBS, LAFAYETTE, LATIMER, LAVINE, LENTOL, LIFTON, LOPEZ, LUPARDO, McENENY, MENG, MILLMAN, NOLAN, O'DONNELL, ORTIZ, PEOPLES, PERRY, PHEFFER, REILLY, P. RIVERA, ROSENTHAL, SALADINO, SWEENEY, THIELE, WEINSTEIN, WEPRIN, ZEBROWSKI -- read once and referred to the Committee on Environmental Conservation -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Rules in accordance with Assembly Rule 3, sec. 2 -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules -- amended on the special order of third reading, ordered reprinted as amended, retaining its place on the special order of third reading AN ACT to amend the environmental conservation law, the economic devel- opment law and the state finance law, in relation to returnable bever- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04307-07-6S. 1290--D 2 A. 2517--D 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 § 27-1001. Legislative findings. 4 The legislature hereby finds that litter composed of discarded [ soft-5 drink, beer and ale] beverage bottles and cans is a growing problem of 6 state concern and a direct threat to the health and safety of the citi- 7 zens of this state. Discarded beverage bottles and cans create a hazard 8 to vehicular traffic, a source of physical injury to pedestrians, farm 9 animals and machinery and an unsightly accumulation of litter which must 10 be disposed of at increasing public expense. Beverage bottles and cans 11 also create an unnecessary addition to the state's and municipalities' 12 already overburdened solid waste and refuse disposal systems. Unsegre- 13 gated disposal of such bottles and cans creates an impediment to the 14 efficient operation of resource recovery plants. Further, the legisla- 15 ture finds that the uninhibited discard of beverage containers consti- 16 tutes a waste of both mineral and energy resources. The legislature 17 hereby finds that requiring a deposit on all beverage containers, along 18 with certain other facilitating measures, will provide a necessary 19 incentive for the economically efficient and environmentally benign 20 collection and recycling of such containers. 21 § 2. Subdivisions 1 and 2 of section 27-1003 of the environmental 22 conservation law, subdivision 1 as amended by chapter 778 of the laws of 23 1988 and subdivision 2 as amended by chapter 546 of the laws of 1986, 24 are amended to read as follows: 25 1. "Beverage" means [ carbonated soft drinks, mineral water, soda26 water, beer, other malt beverages and a wine product as defined in27 subdivision thirty-six-a of section three of the alcoholic beverage28 control law. "Malt beverages" means any beverage obtained by the alco-29 holic fermentation or infusion or decoction of barley, malt, hops, or30 other wholesome grain or cereal and water including, but not limited to31 ale, stout or malt liquor.] all carbonated and non-carbonated drinks in 32 liquid form and intended for internal human consumption. The term 33 "beverage" shall not include: 34 a. milk and dairy derived products. "Milk" means whole milk, skim 35 milk, low-fat milk, cream, cultured milk, yogurt or any combination of 36 those products. The term "dairy derived products" includes any product 37 of which the single largest ingredient is milk, milk fat, cultured milk 38 or yogurt; 39 b. rice milk or soy milk; 40 c. infant formula; 41 d. alcoholic beverages other than beer, other malt beverages and wine 42 products as defined in subdivision thirty-six-a of section three of the 43 alcoholic beverage control law. "Malt beverages" means any beverage 44 obtained by the alcoholic fermentation or infusion or decoction of 45 barley, malt, hops, or other wholesome grain or cereal and water includ- 46 ing, but not limited to ale, stout or malt liquor;S. 1290--D 3 A. 2517--D 1 e. a liquid that is a syrup, in a concentrated form, or typically 2 added as a minor flavoring ingredient in food or drink, such as 3 extracts, cooking additives, sauces or condiments; 4 f. a liquid that is ingested in very small quantities and that is 5 consumed for medicinal purposes only; 6 g. a liquid that is designed and consumed only as a nutritional 7 supplement and not as a beverage; 8 h. products frozen at the time of sale; 9 i. products designed to be consumed in a frozen state; 10 j. instant drink powders; and 11 k. seafood, meat or vegetable broths, or soups. 12 2. "Beverage container" means the individual, separate, sealed glass, 13 metal, aluminum, steel or plastic bottle, can or jar used for containing 14 less than one gallon or 3.8 liters [ or less] at the time of sale of a 15 beverage intended for use or consumption in this state. Beverage 16 containers sold or distributed aboard aircraft or ships shall be consid- 17 ered as intended for use or consumption outside this state. 18 § 3. Subdivisions 6 and 9 of section 27-1003 of the environmental 19 conservation law, as added by chapter 200 of the laws of 1982, are 20 amended and four new subdivisions 2-a, 6, 12 and 13 are added to read as 21 follows: 22 2-a. "Bottler" means a person who: 23 a. bottles, cans or otherwise packages beverages in beverage contain- 24 ers except that if such packaging is for a distributor having the right 25 to bottle, can or otherwise package the same brand of beverage, then 26 such distributor shall be the bottler; or 27 b. imports filled beverage containers into the United States. 28 6. A "deposit initiator" for each beverage container for which a 29 refund value is established under section 27-1005 of this title means: 30 a. the bottler of the beverage in such container; 31 b. the distributor of such container if such distributor's purchase of 32 such container was not, directly or indirectly, from a registered depos- 33 it initiator; 34 c. a dealer of such container who sells such container in this state, 35 whose purchase of such container was not, directly or indirectly, from a 36 registered deposit initiator; or 37 d. an agent acting on behalf of a deposit initiator. 38 [ 6.] 6-a. "Distributor" means any person, firm or corporation which 39 [ bottles, cans or otherwise fills or packages beverage containers, or40 which] engages in the sale of [ such] beverages in beverage containers to 41 a dealer. 42 9. "Redemption center" means any [ establishment offering to pay the43 refund value of a beverage container] person offering to pay the refund 44 value of an empty beverage container to a redeemer, or any person who 45 contracts with one or more dealers or distributors to collect, sort and 46 obtain the refund value and handling fee of empty beverage containers 47 for, or on behalf of, such dealer or distributor under the provisions of 48 section 27-1013 of this title. 49 12. "Reverse vending machine" means an automated device that uses a 50 laser scanner, microprocessor, or other technology to accurately recog- 51 nize the Universal Product Code (UPC) to determine if the container is 52 redeemable on containers and accumulates information regarding contain- 53 ers redeemed, thereby enabling the reverse vending machine to accept 54 containers from redeemers and to issue scrip for their refund value. 55 13. "Universal product code or UPC code" means a standard for encoding 56 a set of lines and spaces that can be scanned and interpreted intoS. 1290--D 4 A. 2517--D 1 numbers to identify a product. Universal Product Code may also mean any 2 accepted industry barcode which replaces the UPC code including but not 3 limited to universal product code (UPC), EAN and other codes that may be 4 used to identify a product. 5 § 4. Sections 27-1005 and 27-1007 of the environmental conservation 6 law are REPEALED and two new sections 27-1005 and 27-1007 are added to 7 read as follows: 8 § 27-1005. Refund value. 9 No person shall sell or offer for sale a beverage container in this 10 state unless the deposit on such beverage container is or has been 11 collected by a registered deposit initiator and unless such container 12 has a refund value of not less than five cents which is clearly indi- 13 cated thereon as provided in section 27-1011 of this title. 14 § 27-1007. Mandatory acceptance. 15 Except as provided in section 27-1009 of this title: 16 1. A dealer shall accept at his or her place of business from a 17 redeemer any empty beverage containers of the design, shape, size, 18 color, composition and brand sold by the dealer, and shall pay to the 19 redeemer the refund value of each such beverage container as established 20 in section 27-1005 of this title. Redemptions of refund value must be in 21 legal tender. The use or presence of a reverse vending machine shall not 22 relieve a dealer of any obligations imposed pursuant to this section. 23 If a dealer utilizes a reverse vending machine to redeem containers, the 24 dealer shall provide redemption of beverage containers when the reverse 25 vending machine is full, broken, under repair or does not accept a type 26 of beverage container sold by such dealer and may not limit the hours or 27 days of redemption except as provided by subdivision three of section 28 27-1007 of this title. On any day that a dealer is open for less than 29 twenty-four hours, the dealer may restrict or refuse the payment of 30 refund values during the first and last hour the dealer is open for 31 business. 32 2. A dealer shall post a conspicuous sign, at the point of sale that 33 states: 34 "NEW YORK BOTTLE BILL 35 BILL OF RIGHTS 36 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE 37 CONTAINERS OF THE SAME TYPE OF CONTAINER THAT WE SELL 38 YOU HAVE CERTAIN RIGHTS UNDER THE STATE RETURNABLE CONTAINER ACT: 39 THE RIGHT to return your empties for refund to any dealer who sells 40 you the same brand, type and size, whether you bought the beverage from 41 the dealer or not. It is illegal to return containers that were 42 purchased outside of New York state. 43 THE RIGHT to get your deposit refund in cash, without proof of 44 purchase. 45 THE RIGHT to return your empties any day, any hour, except the first 46 and last hours of the dealer's business day (empty containers may be 47 redeemed at any time in 24-hour stores). 48 THE RIGHT to return your containers if they are empty and intact. 49 Washing containers is not required by law, but is strongly recommended 50 to maintain sanitary conditions. 51 The New York state returnable container act can be enforced by the New 52 York state department of environmental conservation (NYSDEC), the New 53 York state attorney general or your local government."S. 1290--D 5 A. 2517--D 1 This sign must be no less than eight inches by ten inches in size and 2 have lettering a minimum of one quarter inch high, and of a color which 3 contrasts with the background. 4 3. On or after, January first, two thousand eight, in a city with a 5 population greater than one million, a dealer may limit the number of 6 empty beverage containers to be accepted for redemption at the dealer's 7 place of business to no less than seventy-two containers per visit, per 8 redeemer, per day, provided that: 9 a. A redemption center, be it either a licensed fixed physical 10 location that is located in the same county and within one-half mile of 11 the dealer's place of business, or a mobile redemption center operated 12 by a licensed redemption center that is located within one-quarter mile 13 of the dealer's place of business; and the redemption center has a writ- 14 ten agreement with the dealer to accept containers on behalf of the 15 dealer; and the redemption center's hours of operation cover at least 16 9:00 a.m. through 7:00 p.m. daily or in the case of a mobile redemption 17 center, the hours of operations cover at least four consecutive hours 18 between 8:00 a.m. and 8:00 p.m. daily; and the dealer posts a conspicu- 19 ous, permanent sign open to public view, identifying the location and 20 hours of operation of the affiliated redemption center or mobile redemp- 21 tion center; or 22 b. The dealer provides, at a minimum, a consecutive two hour period 23 between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up 24 to two hundred forty containers, per redeemer, per day, and posts a 25 conspicuous, permanent sign, open to the public view, identifying those 26 hours. The dealer may not change the hours of redemption without first 27 posting a thirty day notice; or 28 c. The dealer's primary business is the sale of food or beverages for 29 consumption off-premises, and the dealer's place of business is less 30 than eight thousand square feet in size. 31 4. A deposit initiator shall accept from a dealer or operator of a 32 redemption center any empty beverage containers of the design, shape, 33 size, color, composition and brand sold by the deposit initiator, and 34 shall pay the dealer or operator of a redemption center the refund value 35 of each such beverage container as established by section 27-1005 of 36 this title. A deposit initiator shall accept and redeem all such empty 37 beverage containers from a dealer or redemption center without limita- 38 tion on quantity. 39 5. A deposit initiator's or distributor's failure to pick up empty 40 beverage containers, including containers processed in a reverse vending 41 machine, from a redemption center, dealer or reverse vending machine, 42 shall be a violation of this title. 43 6. In addition to the refund value of a beverage container as estab- 44 lished by section 27-1005 of this title, a deposit initiator shall pay 45 to any dealer, or operator of a redemption center, a handling fee of 46 three and one-half cents for each beverage container accepted by the 47 deposit initiator from such dealer, operator of a redemption center or 48 distributor. Payment of the handling fee shall be as compensation for 49 collecting, sorting and packaging of empty beverage containers for 50 transport back to the deposit initiator or its designee. Payment of the 51 handling fee may not be conditioned on the purchase of any goods or 52 services, nor may such payment be made out of the refund value account 53 established pursuant to section 27-1012 of this title. A distributor who 54 does not initiate deposits on a type of beverage container is considered 55 a dealer only for the purpose of receiving a handling fee from a deposit 56 initiator.S. 1290--D 6 A. 2517--D 1 7. A deposit initiator on a brand shall accept from a distributor who 2 does not initiate deposits on that brand any empty beverage containers 3 of that brand and shall pay the distributor the refund value of each 4 such beverage container, as established by section 27-1005 of this 5 title. In addition, the deposit initiator shall pay to such distributor 6 for each such beverage container the handling fee established under 7 subdivision six of this section. Without limiting the rights of the 8 department or any persons, firm or corporation under this subdivision or 9 any other provision of this section, a distributor, a dealer or an oper- 10 ator of a redemption center shall have a civil right of action to 11 enforce this subdivision, including upon three days notice, the right to 12 apply for temporary and preliminary injunctive relief against continuing 13 violations and until arrangements for collection and return of empty 14 containers or reimbursement of the redeeming distributor for such depos- 15 its and handling fees are made. 16 8. If a deposit initiator or distributor requires empty beverage 17 containers that are not redeemed through a reverse vending machine to be 18 packaged for pick-up in bags, cartons or other containers, it shall be 19 the deposit initiator's or distributor's responsibility to provide a 20 dealer or redemption center a sufficient number of such containers at no 21 cost to the dealer or distributor. The bags, cartons, or other contain- 22 ers must be provided by the deposit initiator or distributor on a sched- 23 ule that allows the dealer or redemption center sufficient time to sort 24 the empty beverage containers prior to pick up by the deposit initiator 25 or distributor: 26 a. When picking up empty beverage containers, a deposit initiator or 27 distributor shall not require a dealer or redemption center to load 28 their own bags, cartons or containers on the distributor's vehicle or 29 vehicles or provide the staff or equipment needed. 30 b. A deposit initiator or distributor shall not require empty contain- 31 ers to be counted at a location other than the redemption center or 32 dealer's place of business. The dealer or redemption center shall have 33 the right to be present at the count. 34 9. No person shall return or assist another to return to a dealer or 35 redemption center an empty beverage container for its refund value if 36 such container had previously been accepted for redemption by a dealer, 37 redemption center, or deposit initiator who initiates deposits on bever- 38 age containers of the same brand. 39 10. It is unlawful for a redeemer, dealer, distributor or redemption 40 center to knowingly redeem an empty beverage container on which a depos- 41 it was never paid. 42 11. Notwithstanding the provisions of section 27-1009 of this title, a 43 deposit initiator or distributor shall accept and redeem beverage 44 containers as provided in this title, if the dealer or operator of a 45 redemption center shall have accepted and paid the refund value of such 46 beverage containers. 47 § 5. Section 27-1009 of the environmental conservation law, as added 48 by chapter 200 of the laws of 1982, is amended to read as follows: 49 § 27-1009. Refusal of acceptance. 50 1. A dealer or operator of a redemption center may refuse to accept 51 from a redeemer, and a [ distributor] deposit initiator may refuse to 52 accept from a dealer or operator of a redemption center any empty bever- 53 age container which does not state thereon a refund value as established 54 by section 27-1005 and provided by section 27-1011 of this title. 55 2. A dealer or operator of a redemption center may also refuse to 56 accept any broken bottle, corroded or dismembered can, or any beverageS. 1290--D 7 A. 2517--D 1 container which contains a significant amount of foreign material, as 2 determined in rules and regulations to be promulgated by the commission- 3 er. [ Notwithstanding the provisions of this subdivision, a distributor4 shall accept beverage containers as provided in subdivision two of5 section 27-1007 of this title, if the dealer shall have accepted and6 paid the refund value of such beverage containers.] 7 § 6. Subdivision 2 of section 27-1011 of the environmental conserva- 8 tion law is REPEALED. 9 § 7. The environmental conservation law is amended by adding a new 10 section 27-1012 to read as follows: 11 § 27-1012. Deposit and disposition of refund values. 12 1. Each deposit initiator shall deposit in a refund value account an 13 amount equal to the refund value required to be initiated under section 14 27-1005 of this title which is received with respect to each beverage 15 container sold by such deposit initiator. Such deposit initiator shall 16 hold such amounts in trust for the state. A refund value account shall 17 be an interest-bearing account established in a banking institution 18 approved by the commissioner of taxation and finance and located in this 19 state, the deposits in which are insured by an agency of the federal 20 government. Deposits of such amounts shall be made not less frequently 21 than every five business days. All interest, dividends and returns 22 earned on the account shall be paid directly into said account. Such 23 monies shall be kept separate and apart from all other moneys in the 24 possession of the deposit initiator. The commissioner of taxation and 25 finance may specify a system of accounts and records to be maintained 26 with respect to accounts established under this subdivision. 27 2. Payments of refund values pursuant to section 27-1007 of this title 28 shall be paid from each deposit initiator's refund value account. No 29 other payment or withdrawal from such account may be made except as 30 prescribed by this section. 31 3. Each deposit initiator shall file quarterly reports with the 32 commissioner of taxation and finance on a form and in the manner 33 prescribed by such commissioner. The quarterly reports required by this 34 subdivision shall be filed for the quarterly periods ending on the last 35 day of May, August, November and February of each year, and each such 36 report shall be filed within twenty days after the end of the quarterly 37 period covered thereby. Each such report shall include, in addition to 38 any other information such commissioner shall determine appropriate, the 39 following information: 40 a. the balance in the refund value account at the beginning of the 41 quarter for which the report is prepared; 42 b. all such deposits credited to such account and all interest, divi- 43 dends or returns received on such account, during such quarter; 44 c. all withdrawals from such account, during such quarter, including 45 all reimbursements paid pursuant to subdivision two of this section, all 46 service charges on the account, and all payments made pursuant to subdi- 47 vision four of this section; and 48 d. the balance in such account at the close of such quarter. 49 4. a. Under-redemptions. An amount equal to the balance outstanding 50 in the refund value account at the close of each quarter shall be paid 51 to the commissioner of taxation and finance at the time the report 52 provided for in subdivision three of this section is required to be 53 filed. If the provisions of this section with respect to such account 54 have not been fully complied with, each deposit initiator shall pay to 55 such commissioner at such time, in lieu of the amount described in theS. 1290--D 8 A. 2517--D 1 preceding sentence, an amount equal to the balance which would have been 2 outstanding on such date had such provisions been fully complied with. 3 All moneys collected or received by the commissioner of taxation and 4 finance pursuant to this section shall be deposited by the comptroller 5 in the environmental protection fund established pursuant to section 6 ninety-two-s of the state finance law. 7 b. Over-redemptions. In the event a deposit initiator pays out more in 8 refund values than it collects in deposits during the course of a calen- 9 dar year, the deposit initiator may apply to the commissioner of taxa- 10 tion and finance for a reimbursement from the environmental protection 11 fund equal to the amount of over-redeemed deposits. The commissioner of 12 taxation and finance shall reimburse any such documented claim. 13 5. The provisions of this section shall not be construed to relieve 14 any deposit initiator from an obligation to pay either the refund value 15 and handling fee for each redeemed beverage container in accordance with 16 this title or any amount required by subdivision four of this section at 17 the time prescribed in such subdivision. 18 6. The commissioner and the commissioner of taxation and finance shall 19 promulgate, and shall consult each other in promulgating, such rules and 20 regulations as may be necessary or desirable to effectuate the purposes 21 of this section. The commissioner shall provide all necessary aid and 22 assistance to the commissioner of taxation and finance in connection 23 with the administration and enforcement of the provisions of this 24 section. 25 7. Each deposit initiator shall register with the commissioner of 26 taxation and finance as a deposit initiator under this title. The appli- 27 cation shall be in such form and contain such information and shall be 28 filed at such time and under such conditions, as such commissioner may 29 prescribe. No deposit initiator, unless so registered, shall make any 30 sale within this state of beverage containers, except a sale, if any, as 31 to which this state is without power to impose such condition. 32 8. Each deposit initiator shall register the container label of any 33 beverage offered for sale in the state on which it initiates a deposit. 34 Any such registered container label shall bear a universal product code. 35 Such universal product code shall be New York state specific, in order 36 to identify the beverage container as offered for sale exclusively in 37 New York state, and as a means of preventing illegal redemption of 38 beverage containers purchased out-of-state. Registration must be on 39 forms as prescribed by the department and must include the universal 40 product code for each combination of beverage and container manufac- 41 tured. The deposit initiator shall renew a label registration whenever 42 that label is revised by altering the universal product code or whenever 43 the container on which it appears is changed in size, composition or 44 glass color. 45 9. The commissioner of taxation and finance may require the mainte- 46 nance of such accounts, records or documents relating to the sale of 47 beverage containers, by any beverage manufacturer, distributor, dealer 48 or redemption center as such commissioner may deem appropriate for the 49 administration of this section. The commissioner may make examinations, 50 including the conduct of facility inspections during regular business 51 hours, with respect to the accounts, records or documents required to be 52 maintained under this subdivision. Such accounts, records and documents 53 shall be preserved for a period of three years, except that the commis- 54 sioner may consent to their destruction within that period or may 55 require that they be kept longer. Such accounts, records and documents 56 may be kept within the meaning of this subdivision when reproduced byS. 1290--D 9 A. 2517--D 1 any photographic, photostatic, microfilm, micro-card, miniature photo- 2 graphic or other process which actually reproduces the original 3 accounts, records or documents. 4 10. a. Any person required to be registered under this section who, 5 without being so registered, makes sales of beverage containers in this 6 state, in addition to any other penalty imposed by this title, shall be 7 subject to a penalty in an amount not exceeding five hundred dollars for 8 the first day on which such sales are made, plus an amount not exceeding 9 five hundred dollars for each subsequent day on which such sales are 10 made, not to exceed twenty-five thousand dollars in the aggregate. 11 b. Any deposit initiator who fails to maintain accounts or records 12 pursuant to this section, unless it is shown that such failure was due 13 to reasonable cause and not due to negligence or willful neglect, shall 14 be subject to a penalty of not more than one thousand dollars for each 15 quarter during which such failure occurred or continues. 16 § 8. Section 27-1013 of the environmental conservation law, as amended 17 by chapter 149 of the laws of 1983, is amended to read as follows: 18 § 27-1013. Redemption centers. 19 The commissioner is hereby empowered to promulgate rules and regu- 20 lations governing (1) the circumstances in which dealers and distribu- 21 tors, individually or collectively, are required to accept the return of 22 empty beverage containers, and make payment therefor; (2) the sorting of 23 the containers which a deposit initiator or distributor may require of 24 dealers and redemption centers; (3) the [ pick up] collection of returned 25 beverage containers by deposit initiators or distributors, including the 26 party to whom such expense is to be charged, the frequency of such pick 27 ups and the payment for refunds and handling fees thereon; (4) the right 28 of dealers to restrict or limit the number of containers redeemed, the 29 rules for redemption at the dealers' place of business, and the redemp- 30 tion of containers from a beverage for which sales have been discontin- 31 ued, and to issue permits to persons, firms or corporations which estab- 32 lish redemption centers, subject to applicable provisions of local and 33 state laws, at which redeemers and dealers may return empty beverage 34 containers and receive payment of the refund value of such beverage 35 containers. No dealer or distributor, as defined in section 27-1003 of 36 this title, shall be required to obtain a permit to operate a redemption 37 center at the same location as the dealer's or distributor's place of 38 business. Operators of such redemption centers shall receive payment of 39 the refund value of each beverage container from the appropriate 40 manufacturer or distributor as provided under [ sections] section 27-1007 41 [ and 27-1009] of this title. 42 § 9. Section 27-1014 of the environmental conservation law, as added 43 by chapter 149 of the laws of 1983, is amended to read as follows: 44 § 27-1014. Limitation on rules and regulations. 45 In addition to the authority of the commissioner, under sections 46 27-1009 and 27-1013 of this title, the commissioner shall [ only have the47 power to promulgate rules and regulations governing the initiation of48 deposits, sale of beverages in containers through vending machines and49 for on-premises consumption, record keeping, refunding for refillable50 beverage containers, embossing, imprinting or labeling of refund values51 and enforcement of the provisions of this section and sections 27-100952 and 27-1013 of this title] have the power to promulgate rules and regu- 53 lations necessary and appropriate to the implementation of this title. 54 § 10. Section 27-1015 of the environmental conservation law, as added 55 by chapter 200 of the laws of 1982 and subdivision 1 as designated andS. 1290--D 10 A. 2517--D 1 subdivision 2 as added by chapter 149 of the laws of 1983, is amended to 2 read as follows: 3 § 27-1015. Violations. 4 1. A violation of this title, except as provided in subdivision four 5 of this section, shall be a public nuisance. In addition, except as 6 provided in subdivisions two and four of this section, any person who 7 shall violate any provision of this title shall be liable for a civil 8 penalty of not more than five hundred dollars, and an additional civil 9 penalty of not more than five hundred dollars for each day during which 10 each such violation continues. Any civil penalty may be assessed follow- 11 ing a hearing or opportunity to be heard. 12 2. Any distributor or deposit initiator who violates any provision of 13 this title shall be liable for a civil penalty of not more than one 14 thousand dollars, and an additional civil penalty of not more than one 15 thousand dollars for each day during which each such violation contin- 16 ues. Any civil penalty may be assessed following a hearing or opportu- 17 nity to be heard. 18 3. It shall be unlawful for a distributor or deposit initiator, acting 19 alone or aided by another, to return empty beverage containers to a 20 dealer or redemption center for their refund value if the distributor or 21 deposit initiator had previously accepted such beverage containers from 22 any dealer or operator of a redemption center. A violation of this 23 subdivision shall be a misdemeanor punishable by a fine of not less than 24 five hundred dollars nor more than one thousand dollars and an amount 25 equal to two times the amount of money received as a result of such 26 violation. 27 4. Any person who wilfully tenders to a dealer, distributor, redemp- 28 tion center or bottler more than forty-eight empty beverage containers 29 that such person knows or reasonably should know were not originally 30 sold in this state as filled beverage containers may be assessed by the 31 department a civil penalty of up to one hundred dollars for each 32 container or up to twenty-five thousand dollars for each such tender of 33 containers. At each location where customers tender containers for 34 redemption, dealers and redemption centers must conspicuously display a 35 sign in letters that are at least one inch in height with the following 36 information: "WARNING: Persons tendering containers for redemption that 37 were not originally purchased in this state may be subject to a civil 38 penalty of up to one hundred dollars per container or up to twenty-five 39 thousand dollars for each such tender of containers." Any civil penalty 40 may be assessed following a hearing or opportunity to be heard. 41 5. The attorney general and any political subdivision of the state are 42 hereby authorized to enforce the provisions of this title. 43 § 11. The environmental conservation law is amended by adding a new 44 section 27-1016 to read as follows: 45 § 27-1016. Public education. 46 The commissioner shall establish a public education program to dissem- 47 inate information regarding implementation of this title. Such informa- 48 tion shall include, but not be limited to, publication of the New York 49 Bottle Bill of Rights as specified in subdivision two of section 27-1007 50 of this title; publication of information specifying the procedures 51 necessary to establish a redemption center as provided in section 52 27-1013 of this title, including information regarding financial assist- 53 ance available for the establishment of redemption centers as provided 54 in section 27-1019 of this title; publication of information delineating 55 the relevant rights and responsibilities of the bottle initiators, 56 distributors, dealers, redemption centers and redeemers under theS. 1290--D 11 A. 2517--D 1 provisions of this title; and publication of information on the general 2 benefits of recycling. 3 § 12. Section 27-1017 of the environmental conservation law, as added 4 by chapter 200 of the laws of 1982, is amended to read as follows: 5 § 27-1017. Local beverage container laws. 6 The provisions of this title shall not be construed so as to limit in 7 any way the authority of political subdivisions of the state to enact, 8 implement and enforce local beverage container control laws prior to but 9 not after the effective date of this title. Nothing in this section 10 shall limit the authority of political subdivisions of the state to 11 enforce the provisions of this title. 12 § 13. The environmental conservation law is amended by adding a new 13 section 27-1018 to read as follows: 14 § 27-1018. Returnable container act advisory board. 15 There is hereby created the "returnable container act advisory board", 16 referred to hereafter as the board. Such board shall consist of fifteen 17 members: six of whom shall be appointed by the governor and shall 18 include the commissioners of environmental conservation and economic 19 development, three of whom shall be appointed by the temporary president 20 of the senate; three of whom shall be appointed by the speaker of the 21 assembly; one of whom shall be appointed by the minority leader of the 22 senate; one of whom shall be appointed by the minority leader of the 23 assembly; and the attorney general. 24 1. The twelve at large members of the board should include: two repre- 25 sentatives of organizations whose prime function is the enhancement of 26 the environmental quality of the state; two deposit initiators or 27 distributors; two municipal recycling coordinators; two dealers; two 28 operators of redemption centers and two redeemers. 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 implementation 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 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. Nine membersS. 1290--D 12 A. 2517--D 1 of the board shall constitute a quorum for the transaction of any busi- 2 ness 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 § 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 § 27-1019. Beverage container assistance program. 15 Within the limits of appropriations therefor, the commissioner shall 16 make state assistance payments to municipalities, not-for-profit organ- 17 izations and New York businesses for the cost of reverse vending 18 machines and grants not to exceed fifty percent of the costs of equip- 19 ment, and/or the acquisition and/or rehabilitation of real property or 20 structures related to the collecting, sorting, and packaging of empty 21 beverage containers subject to the provisions of this title. Such 22 payments shall include costs related to the establishment of redemption 23 centers, including mobile redemption centers. For the purposes of this 24 section, municipalities and not-for-profit organizations shall have the 25 meaning as defined in section 54-0101 of this chapter and businesses 26 shall mean a dealer, distributor or redemption center as defined in this 27 title that employs less than one hundred employees per location. 28 § 15. Subdivisions 1 and 4 of section 54-0701 of the environmental 29 conservation law, subdivision 1 as amended by chapter 146 of the laws of 30 2000 and subdivision 4 as added by chapter 610 of the laws of 1993, are 31 amended to read as follows: 32 1. "Cost" means the capital cost of a municipal recycling project 33 including engineering and architectural services, surveys, plans and 34 specifications; consultant and legal services; lands acquired pursuant 35 to the conditions set forth in section 54-0709 of this title, and other 36 direct capital expenses incident to such a project, less any federal 37 assistance or other assistance received or to be received. "Cost" shall 38 also include the capital, planning and promotional costs associated with 39 waste reduction projects, the costs related to household hazardous waste 40 collection and disposal programs, and the costs related to planning, 41 educational and promotional activities associated with a recyclables 42 recovery program. "Cost" shall also include beverage container assist- 43 ance program grants to municipalities and not-for-profit organizations 44 pursuant to section 27-1019 of this chapter. Provided, however, "cost" 45 shall exclude any cost incurred prior to April first, nineteen hundred 46 ninety-three, and shall further exclude costs related to planning, 47 educational and promotional activities associated with a recyclables 48 recovery program incurred prior to April first, two thousand. 49 4. "Recycling project" means recyclables recovery equipment, source 50 separation equipment, a recyclables recovery program or any combination 51 thereof required by a recyclables recovery program and the reimbursement 52 to municipalities and not-for-profit corporations, as such terms are 53 defined in section 54-0101 of this article, for the cost of a redemption 54 center as defined in section 27-1003 of this chapter.S. 1290--D 13 A. 2517--D 1 § 16. Paragraph h of subdivision 1 of section 261 of the economic 2 development law, as amended by chapter 471 of the laws of 1998, is 3 amended to read as follows: 4 h. "Eligible project" shall mean actions taken by or on behalf of a 5 New York business involving the acquisition, construction, alteration, 6 repair or improvement of a building, fixtures, machinery or equipment, 7 provided that such project results in: 8 (i) source reduction or material substitution, provided that the 9 substitution of one hazardous substance, product or nonproduct output 10 for another does not result in the creation of a new risk, 11 (ii) in-process recycling, 12 (iii) recycling or reuse of non-hazardous solid wastes, 13 (iv) increased energy efficiency, 14 (v) conservation of the use of water or other natural resources 15 improvements in process economics, 16 (vi) elimination of the purchase of materials, the production of which 17 for the use of said firm would result in more waste or resource consump- 18 tion, or 19 (vii) other practices or technologies that reduce the use of hazardous 20 materials or otherwise improve air or water quality. 21 The term "eligible project" shall also include actions taken by or on 22 behalf of a New York business to support costs of equipment, and/or the 23 acquisition and/or rehabilitation of real property or structures related 24 to the collecting, sorting, and packaging of empty beverage containers 25 as such terms are defined in title ten of article twenty-seven of the 26 environmental conservation law. Such actions shall be eligible for 27 state assistance payments under the beverage container assistance 28 program pursuant to section 27-1019 of the environmental conservation 29 law. 30 The term "eligible project" shall not include end of pipe pollution 31 control technologies or practices where such controls or practices are 32 designed primarily to achieve compliance with the environmental conser- 33 vation law or regulations promulgated pursuant thereto, or energy recov- 34 ery or incineration, or out-of-process recycling or reuse of hazardous 35 waste or hazardous substances. 36 § 17. Subdivision 2 of section 92-s of the state finance law is 37 amended by adding a new paragraph c to read as follows: 38 c. Monies received by the comptroller for deposit in the environmental 39 protection fund pursuant to paragraph b of subdivision four of section 40 27-1012 of the environmental conservation law shall be made available 41 for state assistance under this section for projects within each depart- 42 ment of environmental conservation administrative region in proportion 43 to the amount of such deposits received from deposit initiators within 44 each such region. The commissioner of environmental conservation shall 45 annually report on the amount of such deposits made within each region 46 and the amount of state assistance payments approved pursuant to this 47 section. 48 § 18. Subdivision 3 of section 92-s of the state finance law, as 49 amended by chapter 145 of the laws of 2004, is amended to read as 50 follows: 51 3. Such fund shall consist of the amount of revenue collected within 52 the state from the amount of revenue, interest and penalties deposited 53 pursuant to section fourteen hundred twenty-one of the tax law, the 54 amount of fees and penalties received from easements or leases pursuant 55 to subdivision fourteen of section seventy-five of the public lands law 56 and the money received as annual service charges pursuant to sectionS. 1290--D 14 A. 2517--D 1 four hundred four-l of the vehicle and traffic law, all moneys required 2 to be deposited therein from the contingency reserve fund pursuant to 3 section two hundred ninety-four of chapter fifty-seven of the laws of 4 nineteen hundred ninety-three, all moneys required to be deposited 5 pursuant to section thirteen of chapter six hundred ten of the laws of 6 nineteen hundred ninety-three, repayments of loans made pursuant to 7 section 54-0511 of the environmental conservation law, all moneys to be 8 deposited from the Northville settlement pursuant to section one hundred 9 twenty-four of chapter three hundred nine of the laws of nineteen 10 hundred ninety-six, provided however, that such moneys shall only be 11 used for the cost of the purchase of private lands in the core area of 12 the central Suffolk pine barrens pursuant to a consent order with the 13 Northville industries signed on October thirteenth, nineteen hundred 14 ninety-four and the related resource restoration and replacement plan, 15 all moneys required to be deposited pursuant to paragraph b of subdivi- 16 sion four of section 27-1012 of the environmental conservation law, the 17 amount of penalties required to be deposited therein by section 71-2724 18 of the environmental conservation law, and all other moneys credited or 19 transferred thereto from any other fund or source pursuant to law. All 20 such revenue shall be initially deposited into the environmental 21 protection fund, for application as provided in subdivision five of this 22 section. 23 § 19. This act shall take effect on the first of January next succeed- 24 ing the date on which it shall have become a law; provided, however, 25 that section two of this act shall take effect January 1, 2008.