S T A T E   O F   N E W   Y O R K
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                                   839

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DINOWITZ, ENGLEBRIGHT, KELLNER -- Multi-Sponsored
  by  --  M. of A.   BRENNAN, COLTON, ORTIZ -- read once and referred to
  the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  granting  the  director  of  a  municipality  the power to enforce the
  redemption of beverage containers at redemption centers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 27-1013 of the environmental conservation law, as
amended by chapter 149 of the laws  of  1983,  is  amended  to  read  as
follows:
S 27-1013. Redemption centers.
  The  commissioner  is  hereby  empowered to promulgate rules and regu-
lations governing (1) the circumstances in which dealers  and  distribu-
tors, individually or collectively, are required to accept the return of
empty beverage containers, and make payment therefor; (2) the sorting of
the containers which a distributor may require of dealers and redemption
centers;  (3)  the  pick up of returned beverage containers by distribu-
tors, including the party to whom such expense is  to  be  charged,  the
frequency of such pick ups and the payment for refunds and handling fees
thereon;  (4)  the  right  of dealers to restrict or limit the number of
containers redeemed, the rules for redemption at the dealers'  place  of
business,  and  the  redemption  of containers from a beverage for which
sales have been discontinued, and to issue permits to persons, firms  or
corporations  which  establish redemption centers, subject to applicable
provisions of local and state laws, at which redeemers and  dealers  may
return empty beverage containers and receive payment of the refund value
of  such  beverage  containers.  No dealer or distributor, as defined in
section 27-1003 OF THIS TITLE, shall be required to obtain a  permit  to
operate  a  redemption  center  at  the same location as the dealer's or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02716-01-9

A. 839                              2

distributor's place of business. Operators of  such  redemption  centers
shall  receive  payment  of  the refund value of each beverage container
from the appropriate  manufacturer  or  distributor  as  provided  under
sections  27-1007  and 27-1009 of this title.  THE DIRECTOR OF A MUNICI-
PALITY SHALL HAVE THE SAME POWERS AS ENVIRONMENTAL CONSERVATION OFFICERS
UNDER THIS TITLE TO ENFORCE THE PROVISIONS OF THIS SECTION AND ALL RULES
AND REGULATIONS PROMULGATED BY THE COMMISSIONER TO ENFORCE THIS SECTION.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law;  provided,  however,  that the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.