A06830 Summary:

BILL NOA06830
 
SAME ASNo Same As
 
SPONSORFahy
 
COSPNSRSimon
 
MLTSPNSR
 
Amd En Con L, generally
 
Establishes a recycling program for containers of adult use cannabis sold in New York, and requires such containers to be made of at least fifty percent recycled materials.
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A06830 Actions:

BILL NOA06830
 
04/12/2021referred to environmental conservation
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A06830 Committee Votes:

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A06830 Floor Votes:

There are no votes for this bill in this legislative session.
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A06830 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6830
 
SPONSOR: Fahy
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to establishing a recycling program for containers of adult-use cannabis sold in New York, and requiring such containers to be made of at least fifty percent recycled materials   PURPOSE: Establishes a recycling program for containers of adult-use cannabis sold in New York   SUMMARY OF PROVISIONS: Section 1: Article 27-1001 of the environmental conservation is law is amended to included language and definition relating to single-use plas- tic containers for adult-use recreational marijuana. Section 2: Amends subdivisions 4, 5-a, 6 ,7 ,8,9 and 10 of section 27-1003, subdivisions 4, 7, 8, and 10 as added by chapter 200 of the laws of 1982, and subdivision 5-a as added and subdivisions 6 and 9 as amended by section 3 of part SS of chapter 59 of the laws of 2009, are amended and three new subdivisions 2-b, 14 and 15 are added to set forth rules and regulations related to the establishment of a recycling program for single-use plastic containers for adult-use recreational marijuana. Section 3: Amends section 27-1005 of the environmental conservation law as added by section 4 part SS of chapter 59 of the laws of 2009 to set forth rule regarding the refund value for a returned plastic container used for recreational cannabis. Section 4: Amends section 27-1007 of the environmental conservation law as added by section 4 of part SS of chapter 459 of the laws of 2011, and subdivision 12 as added by section 3 of part F of chapter 58 of the laws of 2013 to provide for the conditions under which a legal retailer of cannabis must accept returned empty containers of cannabis for which a deposit was paid. Section 5: Amends section 27-1009 of the environmental conservation law as amended by section 4 of part F of chapter 58 of the laws of 2013 to set penalties for the refusal of acceptance of an empty container of cannabis by a legal retailer. Section 6: Adds new section 27-1010 to the environmental conservation law to set forth requirements for labeling and packaging for the purposes of recycling. Section 7: Amends subdivisions 1, 8, 9, and 12 of section 27-2012 of the environmental conservation law, and subdivision 1, 8 an 9 as added by section 8 of part SS of chapter 59 of the laws of 2009 and paragraph v of subdivision 9 and 12 as amended by section 6 of part F of chapter 58 of the laws of 2013 to provide for the administration of such a deposit program. Section 8: Amends subdivisions 1, 3, and 4 of section 27-1013 of the environmental conservation law, subdivisions 1 and 3 as amended and subdivision 4 as added by section 7 of part F of chapter 58 of the laws of 2013 to grant to commissioner the authority to promulgate rules and regulations necessary for the administration of such a program. Section 9: Amends subdivisions 3, 4, and 6 of section 27-1015 of the environmental conservation law, subdivisions 3 and 4 as amended and subdivision 6 as added by section 8 of part F of chapter 58 of the laws of 2013 to set penalties for the return of containers for which no deposit has been paid. Section 10: Amends section 27-1016 of the environment conservation law as added by section 12 of part SS of chapter 59 of the laws of 2009 to provide for public education regarding the marijuana container recycling deposit program. Section 11: Amends section 27-1018 of the environmental conservation law as added by section 13 of part SS of chapter 59 of the laws of 2009 to create a cannabis container assistance program. Section 12: Sets the effective date.   JUSTIFICATION: Should New York legalize adult-use recreational marijuana, our state, like all states with legal recreational marijuana, would have important packaging requirements applied to these products. However, an unfortu- nate externality of requirements such as childproof or resealable pack- aging is that they cause the legal marijuana industry to have an outsized plastics footprint and to become a notable environmental consideration. The legal cannabis industry in the United States produces about 150 million tons of waste each year. Even when marijuana packaging is recycled at home, it is often sorted out by recyclers and taken to landfills. While no industry is blameless in the plastic pollution crisis, New York has a unique opportunity to prevent a new source of plastic pollution as we consider the legalization of recreational mari- juana. This legislation is modeled after New York's bottle bill and would require any lawfully permitted recreational marijuana retailer to charge a one-dollar deposit on single-use plastic containers for recreational marijuana products. The retailer would assume responsibility for collecting used packaging and recycling it, as well as reimbursing deposits.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect immediately.
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A06830 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6830
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 12, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  FAHY, SIMON -- read once and referred to the
          Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing  a recycling program for containers of adult-use cannabis
          sold in New York, and requiring such containers to be made of at least
          fifty percent recycled materials
 
          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  amended by section 1 of part SS of chapter 59 of the laws  of  2009,  is
     3  amended to read as follows:
     4  § 27-1001. Legislative findings.
     5    The  legislature hereby finds that litter composed of discarded bever-
     6  age containers and other single use containers is a growing  problem  of
     7  state  concern and a direct threat to the health and safety of the citi-
     8  zens of this state. Discarded beverage containers and other  single  use
     9  containers  create  a  hazard to vehicular traffic, a source of physical
    10  injury to pedestrians and farm animals,  a  hazard  to  farm  and  other
    11  machinery and an unsightly accumulation of litter which must be disposed
    12  of  at  increasing  public expense. Beverage containers and other single
    13  use containers also create an unnecessary addition to  the  state's  and
    14  municipalities'  already  overburdened  solid  waste and refuse disposal
    15  systems. Unsegregated disposal of such containers creates an  impediment
    16  to  the  efficient  operation  of resource recovery plants. Further, the
    17  legislature finds that the uninhibited discard  of  beverage  containers
    18  and  other single use containers constitutes a waste of both mineral and
    19  energy resources. The legislature hereby finds that requiring a  deposit
    20  on  all  beverage  containers  and single use cannabis containers, along
    21  with certain other  facilitating  measures,  will  provide  a  necessary
    22  incentive  for  the  economically  efficient  and environmentally benign
    23  collection and recycling of such containers.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10541-01-1

        A. 6830                             2
 
     1    § 2. Subdivisions 4, 5-a, 6, 7, 8, 9 and 10 of section 27-1003, subdi-
     2  visions 4, 7, 8 and 10 as added by chapter 200 of the laws of 1982,  and
     3  subdivision  5-a as added and subdivisions 6 and 9 as amended by section
     4  3 of part SS of chapter 59 of the laws of 2009, are  amended  and  three
     5  new subdivisions 2-b, 14 and 15 are added to read as follows:
     6    2-b.  "Cannabis  packager"  means  a  person,  firm or corporation who
     7  bottles, cans or otherwise  packages  cannabis  in  cannabis  containers
     8  except  that  if  such packaging is for any other person, firm or corpo-
     9  ration having the right to bottle, can or  otherwise  package  the  same
    10  brand  of cannabis, then such other person, firm or corporation shall be
    11  the cannabis packager.
    12    4. "Dealer" means:
    13    a. every person, firm or corporation who engages in the sale of bever-
    14  ages in beverage containers to a consumer for off  premises  consumption
    15  in this state; or
    16    b.  every  person, firm or corporation licensed under the laws of this
    17  state to engage in the sale of cannabis to an  adult  for  use  in  this
    18  state.
    19    5-a. A "deposit initiator" for each beverage or cannabis container for
    20  which  a refund value is established under section 27-1005 of this title
    21  means:
    22    a. the bottler of the beverage in such container, or the  packager  of
    23  cannabis in such container;
    24    b. the distributor of such container if such distributor's purchase of
    25  such container was not, directly or indirectly, from a registered depos-
    26  it initiator;
    27    c.  a  dealer  of  such  container  who  sells or offers for sale such
    28  container in this state, whose  purchase  of  such  container  was  not,
    29  directly or indirectly, from a registered deposit initiator; or
    30    d. an agent acting on behalf of a registered deposit initiator.
    31    6. "Distributor" means:
    32    a.  any person, firm or corporation which engages in the sale or offer
    33  for sale of beverages in beverage containers to a dealer; or
    34    b. any person, firm or corporation licensed under  the  laws  of  this
    35  state  to  engage  in  the wholesale sale of cannabis to dealers in this
    36  state.
    37    7. "Place of business" means the location at which a dealer  sells  or
    38  offers for sale beverages in beverage containers or cannabis in cannabis
    39  containers to consumers.
    40    8. "Redeemer" means every person who demands the refund value provided
    41  for herein in exchange for the empty beverage or cannabis container, but
    42  shall  not  include  a  dealer  as  defined  in subdivision four of this
    43  section.
    44    9. "Redemption center" means any person offering  to  pay  the  refund
    45  value  of  an empty beverage or cannabis container to a redeemer, or any
    46  person who contracts  with  one  or  more  dealers  or  distributors  to
    47  collect,  sort  and  obtain  the  refund value and handling fee of empty
    48  beverage or cannabis containers for, or on behalf  of,  such  dealer  or
    49  distributor under the provisions of section 27-1013 of this title.
    50    10.  "Use  or  consumption"  means  the exercise of any right or power
    51  incident to the ownership of a beverage or cannabis, other than the sale
    52  or the keeping or retention of a beverage or cannabis for the purpose of
    53  sale.
    54    14. "Cannabis" means all parts of the plant  of  the  genus  cannabis,
    55  which  has  been  authorized  for distribution and sale for adult-use in
    56  this state.

        A. 6830                             3
 
     1    15. "Cannabis container" means  the  sealed  glass,  metal,  aluminum,
     2  steel  or  plastic  bottle,  can  or  jar  used  for containing cannabis
     3  intended for adult-use in this state.
     4    §  3.  Section 27-1005 of the environmental conservation law, as added
     5  by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
     6  read as follows:
     7  § 27-1005. Refund value.
     8    No person shall sell or offer for sale a beverage or cannabis contain-
     9  er in this state  unless  the  deposit  on  such  beverage  or  cannabis
    10  container is or has been collected by a registered deposit initiator and
    11  unless  such  container  has  a refund value of not less than five cents
    12  which is clearly indicated thereon as provided  in  section  27-1010  or
    13  27-1011 of this title.
    14    §  4.  Section 27-1007 of the environmental conservation law, as added
    15  by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
    16  of subdivision 1 as amended by chapter 459 of  the  laws  of  2011,  and
    17  subdivision 12 as added by section 3 of part F of chapter 58 of the laws
    18  of 2013, is amended to read as follows:
    19  § 27-1007. Mandatory acceptance.
    20    Except as provided in section 27-1009 of this title:
    21    1.  (a)  A  dealer shall accept at his or her place of business from a
    22  redeemer any empty beverage or cannabis containers of the design, shape,
    23  size, color, composition and brand sold or offered for sale by the deal-
    24  er, and shall pay to the redeemer the refund value of each such beverage
    25  or cannabis container as established in section 27-1005 of  this  title.
    26  Redemptions  of  refund  value  must  be  in legal tender, or a scrip or
    27  receipt from a reverse vending  machine,  provided  that  the  scrip  or
    28  receipt  can be exchanged for legal tender for a period of not less than
    29  sixty days without requiring the purchase of other  goods.  The  use  or
    30  presence  of a reverse vending machine shall not relieve a dealer of any
    31  obligations imposed pursuant to this section. If  a  dealer  utilizes  a
    32  reverse  vending  machine to redeem containers, the dealer shall provide
    33  redemption of beverage or cannabis containers when the  reverse  vending
    34  machine  is  full,  broken,  under  repair  or does not accept a type of
    35  beverage or cannabis container sold or offered for sale by  such  dealer
    36  and  may not limit the hours or days of redemption except as provided by
    37  subdivision three of this section.
    38    (b) Beginning March first, two thousand ten, a dealer under  paragraph
    39  a  of  subdivision  four of section 27-1003 of this title whose place of
    40  business is part of a chain engaged in the same general field  of  busi-
    41  ness  which operates ten or more units in this state under common owner-
    42  ship and whose business has at least: (i) forty thousand but  less  than
    43  sixty  thousand  square  feet  devoted to the display of merchandise for
    44  sale to the public shall install and maintain at least two reverse vend-
    45  ing machines at the dealer's place of business  for  the  collection  of
    46  beverage containers; (ii) sixty thousand but less than eighty-five thou-
    47  sand  square  feet devoted to the display of merchandise for sale to the
    48  public shall  install  and  maintain  at  least  three  reverse  vending
    49  machines for the collection of beverage containers at the dealer's place
    50  of  business;  or  (iii) eighty-five thousand square feet devoted to the
    51  display of merchandise for sale to the public shall install and maintain
    52  at least four reverse vending machines for the  collection  of  beverage
    53  containers  at the dealer's place of business. The requirements of para-
    54  graph (b) of this subdivision to install and  maintain  reverse  vending
    55  machines  shall  not  apply  to  a  dealer that: (i) sells only beverage
    56  containers of twenty ounces or less where such beverage  containers  are

        A. 6830                             4
 
     1  packaged  in  quantities  fewer than six; (ii) sells beverage containers
     2  and devotes no more than five percent of its floor space to the  display
     3  and  sale  of  consumer  commodities,  as defined in section two hundred
     4  fourteen-h  of  the  agriculture  and  markets law; [or] (iii) obtains a
     5  waiver from the commissioner authorizing dealers  to  provide  consumers
     6  with  an alternative technology that: (A) determines if the container is
     7  redeemable, (B) provides protections against fraud through a system that
     8  validates each container redeemed by reading the universal product  code
     9  and, except with respect to refillable containers, renders the container
    10  unredeemable, (C) accumulates information regarding containers redeemed,
    11  and (D) issues legal tender, or a scrip, receipt, or other form of cred-
    12  it  for  the  refund value, that can be exchanged for legal tender for a
    13  period of not less than sixty days without  requiring  the  purchase  of
    14  other  goods;  or (iv) is a dealer under paragraph b of subdivision four
    15  of section 27-1003 of this title. Notwithstanding the foregoing, if  the
    16  alternative  technology  does  not allow consumers to immediately obtain
    17  the refund value of the redeemed container, a dealer shall be  permitted
    18  to deploy such alternative technology only if it also offers an alterna-
    19  tive  that  allows consumers to conveniently and immediately obtain such
    20  refund value through a reverse  vending  machine  or  other  alternative
    21  method.
    22    (c) A dealer to which paragraph (b) of this subdivision does not apply
    23  and whose place of business is at least forty thousand square feet which
    24  does  not  utilize reverse vending machines to process empty beverage or
    25  cannabis containers for redemption shall: (i) establish and  maintain  a
    26  dedicated  area  within  such  business  to  accept beverage or cannabis
    27  containers for redemption; (ii) adequately staff such area to facilitate
    28  efficient acceptance and processing of such containers  during  business
    29  hours;  and  (iii)  post one or more conspicuous signs conforming to the
    30  size and color requirements described in subdivision two of this section
    31  at each public entrance to the business which  describes  where  in  the
    32  business  the redemption area is located. The commissioner may establish
    33  in rules and regulations additional standards for the efficient process-
    34  ing of beverage and cannabis containers by such dealers.
    35    (d) For the purposes of this subdivision on any day that a  dealer  is
    36  open  for less than twenty-four hours, the dealer may restrict or refuse
    37  the payment of refund values during the first and last hour  the  dealer
    38  is open for business.
    39    2.  a.  A  dealer  under  paragraph  a  of subdivision four of section
    40  27-1003 of this title shall post a conspicuous sign,  at  the  point  of
    41  sale, that states:
    42                       "NEW YORK BOTTLE BILL OF RIGHTS
 
    43   STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
    44           THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 
    45  YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
    46  ACT:
    47    THE RIGHT to return your empties for refund to any  dealer  who  sells
    48  the  same brand, type and size, whether you bought the beverage from the
    49  dealer or not. It is illegal to return containers for  refund  that  you
    50  did not pay a deposit on in New York state.
    51    THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
    52  purchase.

        A. 6830                             5
 
     1    THE RIGHT to return your empties any day, any  hour,  except  for  the
     2  first  and  last hour of the dealer's business day (empty containers may
     3  be redeemed at any time in 24-hour stores).
     4    THE  RIGHT  to  return  your  containers if they are empty and intact.
     5  Washing containers is not required by law, but is  strongly  recommended
     6  to maintain sanitary conditions.
     7    The New York state returnable container act can be enforced by the New
     8  York  state department of environmental conservation, the New York state
     9  department of agriculture and markets, the New York state department  of
    10  taxation and finance, the New York state attorney general and/or by your
    11  local government."
    12    Such  sign must be no less than eight inches by ten inches in size and
    13  have lettering a minimum of one quarter inch high, and of a color  which
    14  contrasts with the background. The department shall maintain a toll free
    15  telephone number for a "bottle bill complaint line" that shall be avail-
    16  able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
    17  violations  of  this  title. The telephone number shall be listed on any
    18  sign required by this section.
    19    b. A dealer under paragraph b of subdivision four of  section  27-1003
    20  of  this title shall post a conspicuous sign, at the point of sale, that
    21  states:
 
    22                 "NEW YORK CANNABIS CONTAINER BILL OF RIGHTS
 
    23   STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE CANNABIS CONTAINERS OF
    24           THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 
    25  YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK  STATE  RETURNABLE  CONTAINER
    26  ACT:
    27    THE  RIGHT  to  return your empties for refund to any dealer who sells
    28  the same brand, type and size, whether you bought the cannabis from  the
    29  dealer  or  not.  It is illegal to return containers for refund that you
    30  did not pay a deposit on in New York state.
    31    THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
    32  purchase.
    33    THE  RIGHT  to  return  your empties any day, any hour, except for the
    34  first and last hour of the dealer's business day (empty  containers  may
    35  be redeemed at any time in 24-hour stores).
    36    THE  RIGHT  to  return  your  containers if they are empty and intact.
    37  Washing containers is not required by law, but is  strongly  recommended
    38  to maintain sanitary conditions.
    39    The New York state returnable container act can be enforced by the New
    40  York  state department of environmental conservation, the New York state
    41  department of agriculture and markets, the New York state department  of
    42  taxation and finance, the New York state attorney general and/or by your
    43  local government."
    44    Such  sign must be no less than eight inches by ten inches in size and
    45  have lettering a minimum of one quarter inch high, and of a color  which
    46  contrasts with the background. The department shall maintain a toll free
    47  telephone  number  for a "cannabis container return complaint line" that
    48  shall be available from 9:00 a.m. to 5:00  p.m.  each  business  day  to
    49  receive  reports of violations of this title. The telephone number shall
    50  be listed on any sign required by this section.
    51    3. On or after June first, two thousand nine, a dealer may  limit  the
    52  number  of  empty  beverage  or  cannabis  containers to be accepted for

        A. 6830                             6
 
     1  redemption at the dealer's place of business to no less than seventy-two
     2  containers per visit, per redeemer, per day, provided that:
     3    (a) The dealer has a written agreement with a redemption center, be it
     4  either  at  a  fixed physical location within the same county and within
     5  one-half mile of the dealer's place of business, or a mobile  redemption
     6  center,  operated  by  a  redemption center, that is located within one-
     7  quarter mile of the dealer's place of business.  The  redemption  center
     8  must  have  a  written agreement with the dealer to accept containers on
     9  behalf of the dealer; and the redemption  center's  hours  of  operation
    10  must  cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of
    11  a mobile redemption center, the hours of operation must cover  at  least
    12  four consecutive hours between 8:00 a.m. and 8:00 p.m.  daily. The deal-
    13  er  must  post a conspicuous, permanent sign, meeting the size and color
    14  specifications set forth in subdivision two of  this  section,  open  to
    15  public  view,  identifying  the  location  and hours of operation of the
    16  affiliated redemption center or mobile redemption center; and
    17    (b) The dealer provides, at a minimum, a consecutive two  hour  period
    18  between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
    19  to two hundred forty containers, per redeemer,  per  day,  and  posts  a
    20  conspicuous,  permanent  sign, meeting the size and color specifications
    21  set forth in subdivision two of this section, open to public view, iden-
    22  tifying those hours. The dealer may not change the hours  of  redemption
    23  without first posting a thirty day notice; and
    24    (c) The dealer's primary business is:
    25    (i)  the  sale  of food or beverages for consumption off-premises, and
    26  the dealer's place of business is less than ten thousand square feet  in
    27  size; or
    28    (ii) the sale of cannabis to adults for use in this state, as licensed
    29  or otherwise authorized to do so  under the laws of this state.
    30    4.  A  deposit  initiator  shall accept from a dealer or operator of a
    31  redemption center any  empty  beverage  or  cannabis  container  of  the
    32  design,  shape,  size,  color, composition and brand sold or offered for
    33  sale by the deposit initiator, and shall pay the dealer or operator of a
    34  redemption center the refund value of each  such  beverage  or  cannabis
    35  container  as  established  by  section 27-1005 of this title. A deposit
    36  initiator shall accept and redeem all such empty  beverage  or  cannabis
    37  containers  from  a  dealer  or  redemption center without limitation on
    38  quantity.
    39    5. A deposit initiator's or distributor's failure  to  pick  up  empty
    40  beverage  or  cannabis  containers,  including containers processed in a
    41  reverse vending machine, from a redemption center, dealer or the  opera-
    42  tor of a reverse vending machine, shall be a violation of this title.
    43    6. In addition to the refund value of a beverage or cannabis container
    44  as  established  by  section  27-1005 of this title, a deposit initiator
    45  shall pay to any dealer or operator of a redemption  center  a  handling
    46  fee  of three and one-half cents for each beverage or cannabis container
    47  accepted by the deposit initiator from such  dealer  or  operator  of  a
    48  redemption center.  Payment of the handling fee shall be as compensation
    49  for  collecting,  sorting  and  packaging  of empty beverage or cannabis
    50  containers for transport back to the deposit initiator or its  designee.
    51  Payment  of  the  handling fee may not be conditioned on the purchase of
    52  any goods or services, nor may such payment be made out  of  the  refund
    53  value  account  established pursuant to section 27-1012 of this title. A
    54  distributor who does not initiate deposits on  a  type  of  beverage  or
    55  cannabis  container  is  considered  a  dealer  only  for the purpose of
    56  receiving a handling fee from a deposit initiator.

        A. 6830                             7
 
     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 or cannabis
     3  containers of that brand accepted by the distributor from  a  dealer  or
     4  operator  of a redemption center and shall reimburse the distributor the
     5  refund value of each such beverage or cannabis container, as established
     6  by  section  27-1005  of  this title. In addition, the deposit initiator
     7  shall reimburse such distributor for  each  such  beverage  or  cannabis
     8  container  the  handling  fee  established under subdivision six of this
     9  section. Without limiting the rights of the department  or  any  person,
    10  firm  or  corporation  under  this subdivision or any other provision of
    11  this section, a distributor shall  have  a  civil  right  of  action  to
    12  enforce  this  subdivision, including, upon three days notice, the right
    13  to apply for temporary and preliminary injunctive relief against contin-
    14  uing violations, and until arrangements for  collection  and  return  of
    15  empty  containers or reimbursement of such distributor for such deposits
    16  and handling fees are made.
    17    8. It shall be the responsibility of the deposit initiator or distrib-
    18  utor to provide to a dealer or redemption center a sufficient number  of
    19  bags, cartons, or other suitable containers, at no cost, for the packag-
    20  ing,  handling  and pickup of empty beverage or cannabis containers that
    21  are not redeemed through a reverse vending machine. The  bags,  cartons,
    22  or  containers  must be provided by the deposit initiator or distributor
    23  on a schedule that allows the dealer  or  redemption  center  sufficient
    24  time  to sort the empty beverage or cannabis containers prior to pick up
    25  by the deposit initiator or distributor. In addition:
    26    (a) When picking up empty beverage or cannabis containers,  a  deposit
    27  initiator or distributor shall not require a dealer or redemption center
    28  to  load  their own bags, cartons or containers onto or into the deposit
    29  initiator's or distributor's vehicle or vehicles or provide the staff or
    30  equipment needed to do so.
    31    (b) A  deposit  initiator  or  distributor  shall  not  require  empty
    32  containers  to be counted at a location other than the redemption center
    33  or dealer's place of business. The dealer  or  redemption  center  shall
    34  have the right to be present at the count.
    35    (c) A deposit initiator or distributor shall pick up empty beverage or
    36  cannabis  containers  from the dealer or redemption center at reasonable
    37  times and intervals as determined in rules or regulations promulgated by
    38  the department.
    39    9. No person shall return or assist another to return to a  dealer  or
    40  redemption center an empty beverage or cannabis container for its refund
    41  value if such container had previously been accepted for redemption by a
    42  dealer,  redemption  center, or deposit initiator who initiates deposits
    43  on beverage or cannabis containers of the same brand.
    44    10. A redeemer, dealer, distributor or  redemption  center  shall  not
    45  knowingly  redeem  an  empty  beverage  or cannabis container on which a
    46  deposit was never paid in New York state.
    47    11. Notwithstanding the  provisions  of  subdivision  two  of  section
    48  27-1009  of  this title, a deposit initiator or distributor shall accept
    49  and redeem beverage or cannabis containers as provided in this title, if
    50  the dealer or operator of a redemption center shall  have  accepted  and
    51  paid the refund value of such beverage or cannabis containers.
    52    12. No person shall intentionally program, tamper with, render inaccu-
    53  rate, or circumvent the proper operation of a reverse vending machine to
    54  wrongfully  elicit  deposit monies when no valid, redeemable beverage or
    55  cannabis container has been placed in  and  properly  processed  by  the
    56  reverse vending machine.

        A. 6830                             8
 
     1    § 5. Section 27-1009 of the environmental conservation law, as amended
     2  by  section 4 of part F of chapter 58 of the laws of 2013, is amended to
     3  read as follows:
     4  § 27-1009. Refusal of acceptance.
     5    1.  A  dealer  or operator of a redemption center may refuse to accept
     6  from a redeemer, and a deposit initiator or distributor  may  refuse  to
     7  accept from a dealer or operator of a redemption center any empty bever-
     8  age or cannabis container which does not state thereon a refund value as
     9  established  by  section  27-1005  and  provided  by  [section] sections
    10  27-1010 and 27-1011 of this title.
    11    2. A dealer or operator of a redemption  center  may  also  refuse  to
    12  accept any broken bottle, corroded, crushed or dismembered container, or
    13  any  beverage  or cannabis container which contains a significant amount
    14  of foreign material, as  determined  in  rules  and  regulations  to  be
    15  promulgated by the commissioner.
    16    §  6.  The  environmental  conservation law is amended by adding a new
    17  section 27-1010 to read as follows:
    18    § 27-1010. Cannabis container requirements.
    19    1. a. Every cannabis container sold or offered for sale in this  state
    20  shall clearly indicate by permanently marking or embossing the container
    21  or  by  printing  as  part  of the product label the refund value of the
    22  container and the words "New York" or the letters "NY".
    23    b. Such embossing or permanent imprinting on  the  cannabis  container
    24  shall  be  the  responsibility  of the person, firm or corporation which
    25  packages a cannabis container or  a  brand  owner  for  whose  exclusive
    26  account private label cannabis is packaged.
    27    2. No deposit initiator, distributor or dealer shall sell or offer for
    28  sale,  at wholesale or retail in this state, any cannabis container that
    29  does not consist of at least fifty percent recycled materials.
    30    § 7. Subdivisions 1, 8, 9 and 12 of section 27-1012  of  the  environ-
    31  mental  conservation  law, subdivisions 1, 8 and 9 as added by section 8
    32  of part SS of chapter 59 of the laws of 2009, and paragraph b of  subdi-
    33  vision 9 and subdivision 12 as amended by section 6 of part F of chapter
    34  58 of the laws of 2013, are amended to read as follows:
    35    1.  Each  deposit initiator shall deposit in a refund value account an
    36  amount equal to the refund value initiated under section 27-1005 of this
    37  title which is received  with  respect  to  each  beverage  or  cannabis
    38  container  sold  by such deposit initiator. Such deposit initiator shall
    39  hold the amounts in the refund value account in trust for the  state.  A
    40  refund value account shall be an interest-bearing account established in
    41  a  banking  institution located in this state, the deposits in which are
    42  insured by an agency of the federal government. Deposits of such amounts
    43  into the refund value account shall be made  not  less  frequently  than
    44  every  five business days. All interest, dividends and returns earned on
    45  the refund value account shall be paid directly into said  account.  The
    46  monies  in such accounts shall be kept separate and apart from all other
    47  monies in the possession of the deposit initiator. The  commissioner  of
    48  taxation  and finance may specify a system of accounts and records to be
    49  maintained with respect to accounts established under this subdivision.
    50    8. The commissioner of taxation and finance may  require  the  mainte-
    51  nance  of  such  accounts,  records or documents relating to the sale of
    52  beverage or cannabis containers,  by  any  deposit  initiator,  bottler,
    53  cannabis  packager,  distributor,  dealer  or  redemption center as such
    54  commissioner  may  deem  appropriate  for  the  administration  of  this
    55  section.  Such commissioner may make examinations, including the conduct
    56  of facility inspections during regular business hours, with  respect  to

        A. 6830                             9
 
     1  the  accounts, records or documents required to be maintained under this
     2  subdivision. Such accounts, records and documents shall be preserved for
     3  a period of three years, except that such commissioner  may  consent  to
     4  their  destruction  within  that period or may require that they be kept
     5  longer. Such accounts, records and documents  may  be  kept  within  the
     6  meaning of this subdivision when reproduced by any photographic, photos-
     7  tatic,  microfilm,  micro-card,  miniature photographic or other process
     8  which actually reproduces the original accounts, records or documents.
     9    9. a. Any person required to be registered  under  this  section  who,
    10  without being so registered, sells or offers for sale beverage or canna-
    11  bis  containers  in this state, in addition to any other penalty imposed
    12  by this title, shall be subject to a  penalty  to  be  assessed  by  the
    13  commissioner  of  taxation  and  finance in an amount not to exceed five
    14  hundred dollars for the first day on which such sales or offers for sale
    15  are made, plus an amount not to exceed five  hundred  dollars  for  each
    16  subsequent  day  on which such sales or offers for sale are made, not to
    17  exceed twenty-five thousand dollars in the aggregate.
    18    b. Any deposit initiator who fails to  file  reports,  make  quarterly
    19  payments  or  maintain  accounts  or  records  pursuant to this section,
    20  unless it is shown that such failure was due to reasonable cause and not
    21  due to negligence or willful neglect, in addition to any  other  penalty
    22  imposed  by  this title, shall be subject to a penalty to be assessed by
    23  the commissioner of taxation and finance of not more than  one  thousand
    24  dollars  for  each  quarter  during  which such failure occurred, and an
    25  additional penalty of not more than one thousand dollars for each  quar-
    26  ter such failure continues.
    27    12. a. Each deposit initiator shall provide a report to the department
    28  describing  all the types of beverage or cannabis containers on which it
    29  initiates deposits. The report shall include the product name,  type  of
    30  beverage if applicable, size and composition of the beverage or cannabis
    31  container, universal product code, and any other information the depart-
    32  ment  may  require. Upon request, a deposit initiator shall also provide
    33  to the department a copy of the container label  or  a  picture  of  any
    34  beverage or cannabis container sold or offered for sale in this state on
    35  which  it  initiates  a deposit. Such information shall be provided in a
    36  form as prescribed by the department. The department  may  require  that
    37  such forms be filed electronically.
    38    b. A bottler may place on a beverage or cannabis container a universal
    39  product  code or other distinctive marking that is specific to the state
    40  or used only in the state and any other states with  laws  substantially
    41  similar to this title as a means of preventing the sale or redemption of
    42  beverage or cannabis containers on which no deposit was initiated.
    43    c.  A  bottler  or deposit initiator shall notify the department, in a
    44  form prescribed by the  department,  whenever  a  beverage  or  cannabis
    45  container or beverage or cannabis container label is revised by altering
    46  the  universal  product  code,  or  whenever  the  container  on which a
    47  universal product code appears is changed in size, composition or  glass
    48  color, or whenever the container or container label on which a universal
    49  product code appears is changed to include a universal product code that
    50  is  unique  to  the state or used only in the state and any other states
    51  with laws substantially similar to this title.
    52    § 8. Subdivisions 1, 3 and 4 of section 27-1013 of  the  environmental
    53  conservation  law,  subdivisions 1 and 3 as amended and subdivision 4 as
    54  added by section 7 of part F of chapter 58 of  the  laws  of  2013,  are
    55  amended to read as follows:

        A. 6830                            10
 
     1    1.  The commissioner is hereby empowered to promulgate rules and regu-
     2  lations governing (a) the circumstances  in  which  deposit  initiators,
     3  dealers  and distributors, individually or collectively, are required to
     4  accept the return of empty beverage or  cannabis  containers,  including
     5  beverage  or  cannabis  containers  processed  through  reverse  vending
     6  machines and make payment therefor; (b) the sorting  of  the  containers
     7  which  a  deposit  initiator  or  distributor may require of dealers and
     8  redemption centers; (c) the collection of returned beverage or  cannabis
     9  containers by deposit initiators or distributors, including the party to
    10  whom  such  expense is to be charged, the frequency of such pick ups and
    11  the payment for refunds and handling fees  thereon;  (d)  the  right  of
    12  dealers  to  restrict  or  limit  the number of containers redeemed, the
    13  rules for redemption at the dealers' place of business, and the  redemp-
    14  tion  of containers from a beverage for which sales have been discontin-
    15  ued; (e) to issue registrations to persons, firms or corporations  which
    16  establish  redemption centers, subject to applicable provisions of local
    17  and state laws, at which redeemers and dealers may return empty beverage
    18  or cannabis containers and receive payment of the refund value  of  such
    19  beverage  or  cannabis containers. Such registrations shall be issued at
    20  no cost. Should the department require by regulations  adopted  pursuant
    21  to  this paragraph that redemption centers must obtain a registration as
    22  a condition of operation, any redemption center in business as of  March
    23  first,  two  thousand  thirteen  that previously provided the department
    24  with the notification information required by regulations in  effect  as
    25  of  such  date  may  continue to operate as if the department had issued
    26  such redemption center a registration required  by  regulations  adopted
    27  under  this  paragraph;  provided,  however, that such redemption center
    28  shall provide the department with  any  other  information  required  by
    29  regulations  adopted  pursuant  to this paragraph.   The department may,
    30  after due notice and opportunity of hearing, pursuant to the  provisions
    31  of  section  71-1709  of  this  chapter, deny an application or revoke a
    32  registration. In determining whether or not to revoke a registration the
    33  commissioner shall at a minimum, take into consideration the  compliance
    34  history  of  a violator, good faith efforts of a violator to comply, any
    35  economic benefit from noncompliance and whether the violation was proce-
    36  dural in nature. The commissioner's determination to revoke a  registra-
    37  tion is subject to review under article seventy-eight of the civil prac-
    38  tice  law  and rules; and (f) the operation of mobile redemption centers
    39  in order to ensure that to the best extent  practicable  containers  are
    40  not  proffered  for  redemption  to  a  deposit initiator or distributor
    41  outside of the  geographic  area  where  such  deposit  initiator  sells
    42  containers and initiates deposits.
    43    3.  No  dealer  or  distributor, as defined in section 27-1003 of this
    44  title, shall be required to obtain a  permit  to  operate  a  redemption
    45  center  at  the  same location as the dealer's or distributor's place of
    46  business. Operators of such redemption centers shall receive payment  of
    47  the  refund value of each beverage or cannabis container from the appro-
    48  priate deposit  initiator  or  distributor  as  provided  under  section
    49  27-1007 of this title.
    50    4.  Each dealer and redemption center shall require any person tender-
    51  ing for redemption more than two thousand five hundred containers at one
    52  time to such dealer or redemption center to provide such  person's  name
    53  and  address  and the license plate of the vehicle used to transport the
    54  containers, or, in the case of an agent or employee of a  not-for-profit
    55  corporation, a sales tax exemption certificate. The dealer or redemption
    56  center  redeeming  the  beverage  or  cannabis containers shall keep the

        A. 6830                            11
 
     1  information on file for a minimum of twelve months and provide  same  to
     2  the department upon request.
     3    §  9.  Subdivisions 3, 4 and 6 of section 27-1015 of the environmental
     4  conservation law, subdivisions 3 and 4 as amended and subdivision  6  as
     5  added  by  section  8  of  part F of chapter 58 of the laws of 2013, are
     6  amended to read as follows:
     7    3. It shall be unlawful for a distributor or deposit initiator, acting
     8  alone or aided by another, to return  any  empty  beverage  or  cannabis
     9  container  to  a dealer or redemption center for its refund value if the
    10  distributor or deposit initiator had previously accepted  such  beverage
    11  or cannabis container from any dealer or operator of a redemption center
    12  or  if  such  container  was  previously  accepted  by a reverse vending
    13  machine. A violation of this subdivision shall be a misdemeanor punisha-
    14  ble by a fine of not less than five hundred dollars nor  more  than  one
    15  thousand  dollars  and  an amount equal to two times the amount of money
    16  received as a result of such violation.
    17    4. Any person who willfully tenders to a dealer, distributor,  redemp-
    18  tion center or deposit initiator more than forty-eight empty beverage or
    19  cannabis  containers  for  which  such person knows or should reasonably
    20  know that no deposit was paid in New York state may be assessed  by  the
    21  department  a  civil  penalty  of  up  to  one  hundred dollars for each
    22  container or up to twenty-five thousand dollars for each such tender  of
    23  containers.  At  each  location  where  a  person tenders containers for
    24  redemption, dealers and redemption centers must conspicuously display  a
    25  sign  in letters that are at least one inch in height with the following
    26  information: "WARNING:  Persons tendering for redemption  containers  on
    27  which  a  deposit was never paid in this state may be subject to a civil
    28  penalty of up to one hundred dollars per container or up to  twenty-five
    29  thousand  dollars for each such tender of containers." Any civil penalty
    30  may be assessed following a hearing or opportunity to be heard.
    31    6. (a) Any person who willfully violates or directs another to violate
    32  the requirements to collect  or  charge  the  refund  value  imposed  by
    33  section 27-1005 or paragraph a of subdivision nine of section 27-1012 of
    34  this  title  on five thousand or more beverage or cannabis containers in
    35  one or more separate transactions within one year shall be guilty  of  a
    36  class B misdemeanor.
    37    (b)  Any  person,  having  previously been convicted of a violation of
    38  paragraph (a) of this section within the past three years, who willfully
    39  violates or directs another to violate the requirements  to  collect  or
    40  charge  the  refund  value  imposed by section 27-1005 or paragraph a of
    41  subdivision nine of section 27-1012 of this title on  five  thousand  or
    42  more  beverage  or  cannabis  containers  in one or more separate trans-
    43  actions within one year shall be guilty of a class A misdemeanor.
    44    (c) Any person who willfully violates or directs  another  to  violate
    45  the  requirements  to  collect  or  charge  the  refund value imposed by
    46  section 27-1005 or paragraph a of subdivision nine of section 27-1012 of
    47  this title on twenty thousand or more beverage or cannabis containers in
    48  one or more separate transactions within one year shall be guilty  of  a
    49  class E felony.
    50    Nothing in this subdivision shall apply to common or contract carriers
    51  or  warehousemen  while engaged in lawfully transporting or storing such
    52  containers as merchandise, nor to any employee of such carrier or  ware-
    53  houseman acting within the scope of his or her employment.
    54    §  10. Section 27-1016 of the environmental conservation law, as added
    55  by section 12 of part SS of chapter 59 of the laws of 2009,  is  amended
    56  to read as follows:

        A. 6830                            12
 
     1  § 27-1016. Public education.
     2    The commissioner shall establish a public education program to dissem-
     3  inate  information regarding implementation of this title. Such informa-
     4  tion shall include, but not be limited to, publication of the  New  York
     5  Bottle Bill of Rights and the New York Cannabis Container Bill of Rights
     6  as specified in subdivision two of section 27-1007 of this title; publi-
     7  cation of information specifying the procedures necessary to establish a
     8  redemption  center as provided in section 27-1013 of this title, includ-
     9  ing information regarding financial assistance available for the  estab-
    10  lishment  of  redemption  centers as provided in section 27-1018 of this
    11  title; publication of information delineating the  relevant  rights  and
    12  responsibilities  of  deposit initiators, distributors, dealers, redemp-
    13  tion centers and redeemers under the provisions of this title;  publica-
    14  tion  of  information  regarding the requirement that deposit initiators
    15  register with the department of taxation and finance; and publication of
    16  information on the general benefits of recycling.
    17    § 11. Section 27-1018 of the environmental conservation law, as  added
    18  by  section  13 of part SS of chapter 59 of the laws of 2009, is amended
    19  to read as follows:
    20  § 27-1018. Beverage or cannabis container assistance program.
    21    Notwithstanding any other provision of law to the contrary, within the
    22  limits of appropriations therefor, the  commissioner  shall  make  state
    23  assistance  payments  to  municipalities,  businesses and not-for-profit
    24  organizations located in the state  for  the  cost  of  reverse  vending
    25  machines  located  or  to be located in the state. Such state assistance
    26  payments shall not exceed fifty  percent  of  the  costs  of  equipment,
    27  and/or  the acquisition and/or rehabilitation of real property or struc-
    28  tures located or to be located in the state related to  the  collecting,
    29  sorting,  and packaging of empty beverage or cannabis containers subject
    30  to the provisions of this title. Such payments may include costs related
    31  to the establishment of redemption centers, including mobile  redemption
    32  centers.  For  the purposes of this section, municipalities and not-for-
    33  profit organizations shall  have  the  meaning  as  defined  in  section
    34  54-0101  of this chapter and businesses shall mean a dealer, distributor
    35  or redemption center as defined in this title  that  employs  less  than
    36  fifty employees.
    37    §  12.  This  act  shall  take effect on the one hundred eightieth day
    38  after it shall have become a law. Effective immediately,  the  addition,
    39  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    40  implementation of this act on its effective date are  authorized  to  be
    41  made and completed on or before such effective date.
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