S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    577
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   redemption of empty beverage containers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 7  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:
   7. A deposit initiator on a brand shall accept from a distributor  who
 does  not  initiate deposits on that brand any empty beverage containers
 of that brand accepted by the distributor from a dealer or operator of a
 redemption center and shall reimburse the distributor the  refund  value
 of  each  such  beverage container, as established by section 27-1005 of
 this title. A DISTRIBUTOR MAY REIMBURSE THE REFUND VALUE TO EACH  DEALER
 OR  REDEMPTION  CENTER  IN THE FORM OF EITHER CASH ON DELIVERY OR CREDIT
 FOR IMMEDIATE USE FOR FILLED BEVERAGE CONTAINERS. HOWEVER, IF A DEALER'S
 YEARLY PURCHASES FROM A DISTRIBUTOR ARE EQUAL TO  OR  GREATER  THAN  ONE
 HUNDRED THOUSAND CASES, THEN A DISTRIBUTOR MUST MAKE SUCH REIMBURSEMENTS
 TO  THAT  DEALER  IN  THE  FORM OF EITHER CASH ON DELIVERY OR CREDIT FOR
 IMMEDIATE USE FOR FILLED BEVERAGE CONTAINERS. In addition,  the  deposit
 initiator  shall  reimburse  such  distributor  for  each  such beverage
 container the handling fee established under  subdivision  six  of  this
 section.  Without  limiting  the rights of the department or any person,
 firm or corporation under this subdivision or  any  other  provision  of
 this  section,  a  distributor  shall  have  a  civil right of action to
 enforce this subdivision, including, upon three days notice,  the  right
 to apply for temporary and preliminary injunctive relief against contin-
 uing  violations,  and  until  arrangements for collection and return of
 empty containers or reimbursement of such distributor for such  deposits
 and handling fees are made.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03942-01-7