S T A T E O F N E W Y O R K
________________________________________________________________________
8375
I N S E N A T E
June 25, 2010
___________
Introduced by Sen. THOMPSON -- (at request of the Governor) -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules
AN ACT to amend the environmental conservation law, in relation to the
number of reverse vending machines required for mandatory acceptance
of empty beverage containers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 27-1007 of the
environmental conservation law, as added by section 4 of part SS of
chapter 59 of the laws of 2009, is amended to read as follows:
(b) Beginning March first, two thousand ten, a dealer whose place of
business is part of a chain engaged in the same general field of busi-
ness which operates ten or more units in this state under common owner-
ship and whose business [exceeds] HAS AT LEAST: (i) forty thousand
[square feet] but [is] less than sixty thousand square feet DEVOTED TO
THE DISPLAY OF MERCHANDISE FOR SALE TO THE PUBLIC shall install and
maintain at least [three] TWO reverse vending machines at the dealer's
place of business; (ii) sixty thousand [square feet] but [is] less than
eighty-five thousand square feet DEVOTED TO THE DISPLAY OF MERCHANDISE
FOR SALE TO THE PUBLIC shall install and maintain at least [four] THREE
reverse vending machines at the dealer's place of business; or (iii)
eighty-five thousand square feet DEVOTED TO THE DISPLAY OF MERCHANDISE
FOR SALE TO THE PUBLIC shall install and maintain at least [eight] FOUR
reverse vending machines at the dealer's place of business[; provided,
however, that the]. THE requirements of this paragraph to install and
maintain reverse vending machines shall not apply to a dealer that: (I)
sells only refrigerated beverage containers of twenty ounces or less
where each beverage container is sold as an individual container that is
not connected to or packaged with any other beverage container; (II)
SELLS BEVERAGE CONTAINERS AND DEVOTES NO MORE THAN FIVE PERCENT OF ITS
FLOOR SPACE TO THE DISPLAY AND SALE OF CONSUMER COMMODITIES, AS DEFINED
IN SECTION TWO HUNDRED FOURTEEN-H OF THE AGRICULTURE AND MARKETS LAW; OR
(III) OBTAINS A WAIVER FROM THE COMMISSIONER AUTHORIZING THE USE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12286-02-0
S. 8375 2
ALTERNATIVE TECHNOLOGY THAT DETERMINES IF THE CONTAINER IS REDEEMABLE,
ACCUMULATES INFORMATION REGARDING CONTAINERS REDEEMED, AND ISSUES LEGAL
TENDER, OR A SCRIP, RECEIPT, OR OTHER FORM OF CREDIT FOR THE REFUND
VALUE, THAT CAN BE EXCHANGED FOR A PERIOD OF NOT LESS THAN SIXTY DAYS
WITHOUT REQUIRING THE PURCHASE OF OTHER GOODS.
S 2. This act shall take effect immediately.