S T A T E   O F   N E W   Y O R K
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                                   110

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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 section 9 of part SS of chapter 59 of the laws  of  2009,  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 deposit initiator or distributor may require of
dealers and redemption centers; (3) the collection of returned  beverage
containers by deposit initiators or distributors, 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  redemp-
tion  of containers from a beverage for which sales have been discontin-
ued, and to issue permits to persons, firms or corporations which estab-
lish 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

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

                                                           LBD04331-01-1

A. 110                              2

center at the same location as the dealer's or  distributor's  place  of
business.  Operators of such redemption centers shall receive payment of
the refund value of each beverage container from the appropriate deposit
initiator  or  distributor  as  provided  under  section 27-1007 of this
title.  THE DIRECTOR OF A MUNICIPALITY 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.