S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10184
 
                           I N  A S S E M B L Y
 
                                May 5, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
   --  read once and referred to the Committee on Environmental Conserva-
   tion
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   returnable bottles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1  of  section  27-1003  of  the  environmental
 conservation  law,  as  amended by section 2 of part SS of chapter 59 of
 the laws of 2009, is amended to read as follows:
   1. "Beverage" means carbonated soft drinks, water,  beer,  other  malt
 beverages [and a], WINE, LIQUOR, DISTILLED SPIRIT COOLERS, AND CIDER AND
 wine  [product]  PRODUCTS  as  defined  in [subdivision thirty-six-a of]
 section three of the alcoholic beverage control  law.  "Malt  beverages"
 means any beverage obtained by the alcoholic fermentation or infusion or
 decoction  of barley, malt, hops, or other wholesome grain or cereal and
 water including, but not limited to ale, stout or malt  liquor.  "Water"
 means  any  beverage  identified  through  the  use of letters, words or
 symbols on its product label as a type of water, including any  flavored
 water  or nutritionally enhanced water[, provided, however, that "water"
 does not include any beverage identified as a type of water to  which  a
 sugar has been added].
   §  2.  Subdivision 1 of section 27-1003 of the environmental conserva-
 tion law, as amended by section one of this act, is amended to  read  as
 follows:
   1. "Beverage" means carbonated soft drinks, NONCARBONATED SOFT DRINKS,
 NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING LESS THAN ONE HUNDRED
 PERCENT  FRUIT  OR VEGETABLE JUICE, COFFEE AND TEA BEVERAGES, CARBONATED
 FRUIT BEVERAGES,  water,  beer,  other  malt  beverages,  wine,  liquor,
 distilled  spirit  coolers,  and  cider  and wine products as defined in
 section three of the alcoholic beverage control  law.  "Malt  beverages"
 means any beverage obtained by the alcoholic fermentation or infusion or
 decoction  of barley, malt, hops, or other wholesome grain or cereal and
 water including, but not limited to ale, stout or malt  liquor.  "Water"
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15612-02-2
 A. 10184                            2
 
 means  any  beverage  identified  through  the  use of letters, words or
 symbols on its product label as a type of water, including any  flavored
 water or nutritionally enhanced water.
   §  3. Subdivision 12 of section 27-1003 of the environmental conserva-
 tion law, as added by section 3 of part SS of chapter 59 of the laws  of
 2009, is amended and a new subdivision 14 is added to read as follows:
   12.  "Reverse  vending  machine" means an automated device that uses a
 laser scanner, microprocessor, or other technology to accurately  recog-
 nize  the universal product code (UPC) on containers to determine if the
 container is redeemable and accumulates information regarding containers
 redeemed, including the number  of  such  containers  redeemed,  thereby
 enabling the reverse vending machine to accept containers from redeemers
 and  to issue a scrip or receipt for their refund value. SUCH DEFINITION
 SHALL ALSO APPLY TO ALTERNATIVE TECHNOLOGY APPROVED BY THE  COMMISSIONER
 PURSUANT  TO  SUBPARAGRAPH  (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION 27-1007 OF THIS TITLE.
   14. "STATE-SPECIFIC UPC CODE" MEANS A UNIVERSAL PRODUCT CODE AND LABEL
 DESIGN THAT IS UNIQUE TO NEW YORK OR USED ONLY IN NEW YORK AND ANY OTHER
 STATES THAT HAVE A SUBSTANTIALLY SIMILAR REFUND VALUE LAW.
   § 4. Section 27-1007 of the environmental conservation law,  as  added
 by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
 of  subdivision  1  as  amended  by 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, is amended to read as follows:
 § 27-1007. Mandatory acceptance.
   Except as provided in section 27-1009 of this title:
   1. (a) A dealer shall accept at his or her place of  business  from  a
 redeemer  any  empty  beverage  containers  of  the design, shape, size,
 color, composition and brand sold or offered for sale by the dealer, and
 shall pay to the  redeemer  the  refund  value  of  each  such  beverage
 container  as  established in section 27-1005 of this title. Redemptions
 of refund value must be in legal tender, or a scrip or  receipt  from  a
 reverse  vending  machine,  provided  that  the  scrip or receipt can be
 exchanged for legal tender for a period of  not  less  than  sixty  days
 without  requiring the purchase of other goods.  IN THE EVENT SUCH SCRIP
 OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT MUST INDICATE  ANY  EXPIRATION
 DATE  AND  THE  DEALER  MUST POST A CONSPICUOUS SIGN INDICATING HOW MANY
 DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR  LEGAL  TENDER.
 IF  SUCH  NOTIFICATION  IS  NOT  PROVIDED, A DEALER MUST REDEEM THE FULL
 REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use or pres-
 ence of a reverse vending machine shall not  relieve  a  dealer  of  any
 obligations  imposed  pursuant  to  this section. If a dealer utilizes a
 reverse vending machine to redeem containers, the dealer  shall  provide
 redemption  of  beverage  containers when the reverse vending machine is
 full, broken, under repair  or  does  not  accept  a  type  of  beverage
 container  sold or offered for sale by such dealer and may not limit the
 hours or days of redemption except as provided by subdivision  three  of
 this section.
   (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 has at least: (i) forty thousand but  less  than
 sixty  thousand  square  feet  devoted to the display of merchandise for
 sale to the public shall install and maintain at least two reverse vend-
 ing machines at the dealer's place of business; (ii) sixty thousand  but
 less  than  eighty-five  thousand  square feet devoted to the display of
 A. 10184                            3
 
 merchandise for sale to the public shall install and maintain  at  least
 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
 four reverse vending machines at the dealer's  place  of  business.  The
 requirements  of  paragraph (b) of this subdivision to install and main-
 tain reverse vending machines shall not apply  to  a  dealer  that:  (i)
 sells  only  beverage  containers  of  twenty  ounces or less where such
 beverage containers are packaged in  quantities  fewer  than  six;  (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 dealers to
 provide consumers with an alternative technology that: (A) determines if
 the container is redeemable,  (B)  provides  protections  against  fraud
 through  a  system that validates each container redeemed by reading the
 universal product code and, except with respect to  refillable  contain-
 ers,  renders  the  container  unredeemable, (C) accumulates information
 regarding containers redeemed, and (D) issues legal tender, or a  scrip,
 receipt,  or  other  form  of  credit  for the refund value, that can be
 exchanged for legal tender for a period of  not  less  than  sixty  days
 without  requiring  the purchase of other goods AND INCLUDES ANY EXPIRA-
 TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT.  Notwithstand-
 ing  the foregoing, if the alternative technology does not allow consum-
 ers to immediately obtain the refund value of the redeemed container,  a
 dealer  shall be permitted to deploy such alternative technology only if
 it also offers an alternative that allows consumers to conveniently  and
 immediately  obtain  such refund value through a reverse vending machine
 or other alternative method.
   (c) A dealer to which paragraph (b) of this subdivision does not apply
 and whose place of business is at least forty thousand square feet which
 does not utilize reverse vending  machines  to  process  empty  beverage
 containers  for redemption shall: (i) establish and maintain a dedicated
 area within such business to accept beverage containers for  redemption;
 (ii)  adequately  staff such area to facilitate efficient acceptance and
 processing of such containers during business hours; and (iii) post  one
 or  more conspicuous signs conforming to the size and color requirements
 described in subdivision two of this section at each public entrance  to
 the  business  which describes where in the business the redemption area
 is located. The commissioner may  establish  in  rules  and  regulations
 additional standards for the efficient processing of beverage containers
 by such dealers.
   (d)  For  the purposes of this subdivision on any day that a dealer is
 open for less than twenty-four hours, the dealer may restrict or  refuse
 the  payment  of refund values during the first and last hour the dealer
 is open for business.
   2. A dealer shall post a conspicuous sign, at the point of sale,  that
 states:
                      "NEW YORK BOTTLE BILL OF RIGHTS
 
  STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
          THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 
 YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
 ACT:
 A. 10184                            4
 
   THE RIGHT to return your empties for refund to any  dealer  who  sells
 the  same brand, type and size, whether you bought the beverage from the
 dealer or not. It is illegal to return containers for  refund  that  you
 did not pay a deposit on in New York state.
   THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
 purchase.
   THE RIGHT to return your empties any day, any  hour,  except  for  the
 first  and  last hour of the dealer's business day (empty containers may
 be redeemed at any time in 24-hour stores).
   THE RIGHT to return your containers if  they  are  empty  and  intact.
 Washing  containers  is not required by law, but is strongly recommended
 to maintain sanitary conditions.
   The New York state returnable container act can be enforced by the New
 York state department of environmental conservation, the New York  state
 department  of agriculture and markets, the New York state department of
 taxation and finance, the New York state attorney general and/or by your
 local government."
   Such sign must be no less than eight inches by ten inches in size  and
 have  lettering a minimum of one quarter inch high, and of a color which
 contrasts with the background. The department shall maintain a toll free
 telephone number for a "bottle bill complaint line" that shall be avail-
 able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
 violations of this title. The telephone number shall be  listed  on  any
 sign required by this section.
   3.  On  or after June first, two thousand nine, a dealer may limit the
 number of empty beverage containers to be accepted for redemption at the
 dealer's place of business to no less than  seventy-two  containers  per
 visit, per redeemer, per day, provided that:
   (a) The dealer has a written agreement with a redemption center, be it
 either  at  a  fixed physical location within the same county and within
 [one-half] ONE mile of the dealer's  place  of  business,  or  a  mobile
 redemption  center,  operated  by  a  redemption center, that is located
 within one-quarter mile of the dealer's place of business.  The  redemp-
 tion  center  must  have  a  written agreement with the dealer to accept
 containers on behalf of the dealer; and the redemption center's hours of
 operation must cover at least 9:00 a.m. through 7:00 p.m.  daily  or  in
 the  case  of  a  mobile  redemption center, the hours of operation must
 cover at least four consecutive hours between 8:00 a.m.  and  8:00  p.m.
 daily.  The  dealer must post a conspicuous, permanent sign, meeting the
 size and color specifications set  forth  in  subdivision  two  of  this
 section,  open  to  public  view,  identifying the location and hours of
 operation of the  affiliated  redemption  center  or  mobile  redemption
 center; and
   (b)  The  dealer provides, at a minimum, a consecutive two hour period
 between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept  up
 to  two  hundred  forty  containers,  per redeemer, per day, and posts a
 conspicuous, permanent sign, meeting the size and  color  specifications
 set forth in subdivision two of this section, open to public view, iden-
 tifying  those  hours. The dealer may not change the hours of redemption
 without first posting a thirty day notice; and
   (c) The dealer's primary business is the sale of food or beverages for
 consumption off-premises, and the dealer's place  of  business  is  less
 than ten thousand square feet in size.
   4.  A  deposit  initiator  shall accept from a dealer or operator of a
 redemption center any empty beverage container  of  the  design,  shape,
 size,  color,  composition  and  brand  sold  or offered for sale by the
 A. 10184                            5
 
 deposit initiator, and shall pay the dealer or operator of a  redemption
 center  the  refund value of each such beverage container as established
 by section 27-1005 of this title. A deposit initiator shall  accept  and
 redeem  all  such  empty beverage containers from a dealer or redemption
 center without limitation on quantity.
   5. A deposit initiator's or distributor's failure  to  pick  up  empty
 beverage containers, including containers processed in a reverse vending
 machine,  from  a redemption center, dealer or the operator of a reverse
 vending machine, IN A TIMELY MANNER AND AT REASONABLE TIMES AS  PROVIDED
 BY  THE  DEPARTMENT  PURSUANT TO THE REGULATIONS PROMULGATED PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION shall be a  violation
 of this title.
   6.  In  addition to the refund value of a beverage container as estab-
 lished by section 27-1005 of this title, a deposit initiator  shall  pay
 to any dealer or operator of a redemption center a handling fee of three
 and  one-half  cents for each beverage container accepted by the deposit
 initiator from such dealer or operator of a redemption center.    BEGIN-
 NING APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THE HANDLING FEE WILL BE SIX
 CENTS. Payment of the handling fee shall be as compensation for collect-
 ing,  sorting  and  packaging of empty beverage containers for transport
 back to the deposit initiator or its designee. Payment of  the  handling
 fee may not be conditioned on the purchase of any goods or services, nor
 may  such  payment  be  made out of the refund value account established
 pursuant to section 27-1012 of this title. A distributor  who  does  not
 initiate deposits on a type of beverage container is considered a dealer
 only  for  the purpose of receiving a handling fee from a deposit initi-
 ator.
   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. In addition, the  deposit  initiator  shall  reimburse  such
 distributor  for  each  such  beverage container the handling fee estab-
 lished 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 continuing violations, and until  arrangements
 for  collection  and return of empty containers or reimbursement of such
 distributor for such deposits and handling fees are made.
   8. It shall be the responsibility of the deposit initiator or distrib-
 utor to provide to a dealer or redemption center a sufficient number  of
 bags, cartons, or other suitable containers, at no cost, for the packag-
 ing,  handling  and  pickup  of  empty  beverage containers that are not
 redeemed through a  reverse  vending  machine.  The  bags,  cartons,  or
 containers must be provided by the deposit initiator or distributor on a
 schedule  that allows the dealer or redemption center sufficient time to
 sort the empty beverage containers prior  to  pick  up  by  the  deposit
 initiator or distributor. In addition:
   (a)  When picking up empty beverage containers, a deposit initiator or
 distributor shall not require a dealer  or  redemption  center  to  load
 their  own  bags,  cartons or containers onto or into the deposit initi-
 ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
 equipment  needed  to  do  so.  HOWEVER,  WHERE  PALLETS OR SKIDS, BAGS,
 A. 10184                            6
 
 CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
 SIMILAR EQUIPMENT, A DEPOSIT INITIATOR  OR  DISTRIBUTOR  MAY  REQUIRE  A
 DEALER  OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING
 A  FORKLIFT  OR  SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
 CENTER PROVIDED THAT SUCH EQUIPMENT AND APPROPRIATE  STAFF  ARE  READILY
 AVAILABLE.
   (b)  A  deposit  initiator  or  distributor  shall  not  require empty
 containers to be counted at a location other than the redemption  center
 or  dealer's  place  of  business. The dealer or redemption center shall
 have the right to be present at the count. IN THE EVENT OF A DISCREPANCY
 BETWEEN THE COUNT OF THE DEALER OR REDEMPTION CENTER AND  THE  COUNT  OF
 THE  DEPOSIT  INITIATOR  OR  DISTRIBUTOR  FOR  CONTAINERS  NOT PROCESSED
 THROUGH A REVERSE VENDING MACHINE ALL SUCH  EMPTY  CONTAINERS  SHALL  BE
 RETAINED  AND A RE-COUNT MAY BE REQUESTED. THE RE-COUNT MAY BE HELD AT A
 LOCATION OTHER THAN THE REDEMPTION CENTER OR DEALER'S PLACE OF  BUSINESS
 ONLY IF THE DEALER OR REDEMPTION CENTER AGREES AND IS PRESENT.
   (c)  A  deposit  initiator or distributor shall pick up empty beverage
 containers from the dealer or redemption center IN A TIMELY  MANNER  AND
 at  reasonable  times  [and  intervals]  as determined in rules or regu-
 lations promulgated by the department NO LATER  THAN  APRIL  FIRST,  TWO
 THOUSAND TWENTY-FIVE.
   9.  No  person shall return or assist another to return to a dealer or
 redemption center an empty beverage container for its  refund  value  if
 such  container had previously been accepted for redemption by a dealer,
 redemption center, or deposit initiator who initiates deposits on bever-
 age containers of the same brand.
   10. A redeemer, dealer, distributor or  redemption  center  shall  not
 knowingly  redeem  an  empty  beverage  container on which a deposit was
 never paid in New York state.
   11. Notwithstanding the  provisions  of  subdivision  two  of  section
 27-1009  of  this title, a deposit initiator or distributor shall accept
 and redeem beverage containers as provided in this title, if the  dealer
 or  operator  of  a  redemption  center shall have accepted and paid the
 refund value of such beverage containers.
   12. No person shall intentionally program, tamper with, render inaccu-
 rate, or circumvent the proper operation of a reverse vending machine to
 wrongfully elicit deposit monies  when  no  valid,  redeemable  beverage
 container has been placed in and properly processed by the reverse vend-
 ing machine.
   13.  THE  DEPARTMENT  AND  THE  DEPARTMENT OF TAXATION AND FINANCE ARE
 AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE.
   § 5. Paragraph (b) of subdivision 3 of section 27-1011 of the environ-
 mental conservation law, as added by section 1 of part PP of chapter  58
 of the laws of 2018, is amended and a new subdivision 4 is added to read
 as follows:
   (b)  comply  with  minimum post-consumer recycled material content and
 hole diameter limitations as defined in rules and regulations promulgat-
 ed  by  the  department  NO  LATER  THAN  APRIL  FIRST,   TWO   THOUSAND
 TWENTY-FOUR,  and  is  recyclable  and  indicates a resin identification
 code.
   4. (A) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, EVERY  GLASS
 BEVERAGE  CONTAINER  SHALL  CONTAIN  A MINIMUM PERCENTAGE OF THIRTY-FIVE
 PERCENT POST-CONSUMER GLASS AND EVERY ALUMINUM BEVERAGE CONTAINER  SHALL
 CONTAIN A MINIMUM PERCENTAGE OF THIRTY-FIVE PERCENT POST-CONSUMER ALUMI-
 NUM.
 A. 10184                            7
 
   (B)  EFFECTIVE  JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, EVERY POLYE-
 THYLENE TEREPHTHALATE (PET) BEVERAGE CONTAINER  SHALL  CONTAIN  NO  LESS
 THAN TWENTY-FIVE PERCENT POST-CONSUMER PET.
   (C) EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTY, EVERY PLASTIC BEVER-
 AGE  CONTAINER  SHALL  CONTAIN NO LESS THAN THIRTY PERCENT POST-CONSUMER
 PLASTIC.
   (D) THE DEPARTMENT MAY, BY REGULATION, GRANT A REDUCTION OR WAIVER  OF
 THE  PERCENTAGE  REQUIREMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION IF
 THE DEPARTMENT FINDS AND DETERMINES THAT IT IS TECHNOLOGICALLY  INFEASI-
 BLE FOR THE BOTTLER TO ACHIEVE THE SPECIFIED PERCENT REQUIREMENT.
   §  6.  Paragraph c of subdivision 3 of section 27-1012 of the environ-
 mental conservation law, as added by section 8 of part SS of chapter  59
 of the laws of 2009, is amended to read as follows:
   c.  all withdrawals from the refund value account during such quarter,
 including all reimbursements paid pursuant to subdivision  two  of  this
 section,  all service charges on the account, PROVIDED THAT SUCH SERVICE
 CHARGES DO NOT EXCEED THE MAXIMUM AMOUNT AUTHORIZED BY THE COMMISSIONER,
 and all payments made pursuant to subdivision four of this section; and
   § 7. Paragraph a of subdivision 4 of section 27-1012 of  the  environ-
 mental  conservation law, as added by section 8 of part SS of chapter 59
 of the  laws of 2009, is amended to read as follows:
   a. Quarterly payments. An  amount  equal  to  eighty  percent  of  the
 balance  outstanding  in  the  refund value account at the close of each
 quarter shall be paid to the commissioner of taxation and finance at the
 time the report provided for in subdivision three  of  this  section  is
 required  to  be  filed.  The  commissioner  of taxation and finance may
 require that the payments be made electronically. The  remaining  twenty
 percent of the balance outstanding at the close of each quarter shall be
 the  monies  of  the  deposit  initiator  and may be withdrawn from such
 account by the deposit initiator.  HOWEVER, UNTIL APRIL FIRST, TWO THOU-
 SAND TWENTY-SEVEN, A DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON REFILL-
 ABLE BEVERAGE CONTAINERS OR BEVERAGE CONTAINERS  WITH  A  STATE-SPECIFIC
 UNIVERSAL  PRODUCT CODE MAY BE ENTITLED TO PAY AN AMOUNT EQUAL TO SEVEN-
 TY-FIVE PERCENT OF THE BALANCE OUTSTANDING IN THE REFUND  VALUE  ACCOUNT
 SPECIFICALLY  ATTRIBUTABLE TO REFILLABLE BEVERAGE CONTAINERS OR BEVERAGE
 CONTAINERS BEARING SUCH PRODUCT CODE AT THE CLOSE OF EACH QUARTER TO THE
 COMMISSIONER OF TAXATION AND FINANCE AT THE TIME THE REPORT PROVIDED FOR
 IN SUBDIVISION THREE OF THIS SECTION IS REQUIRED TO  BE FILED. NO  LATER
 THAN  OCTOBER  FIRST, TWO THOUSAND TWENTY-SIX, THE COMMISSIONER OF TAXA-
 TION AND FINANCE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE  LEGISLA-
 TURE  REGARDING THE IMPLEMENTATION OF THE STATE-SPECIFIC UNIVERSAL PROD-
 UCT CODE AND AN EVALUATION OF ITS EFFECTIVENESS IN DECREASING FRAUD.  If
 the  provisions  of  this  section with respect to such account have not
 been fully complied with, each  deposit  initiator  shall  pay  to  such
 commissioner  at  such  time,  in  lieu  of  the amount described in the
 preceding sentence, an amount equal to the balance which would have been
 outstanding on such date had such provisions been fully  complied  with.
 The  commissioner  of taxation and finance may require that the payments
 be made electronically.
   § 8. Subdivision 12 of section 27-1012 of the environmental  conserva-
 tion law, as amended by section 6 of part F of chapter 58 of the laws of
 2013, is amended to read as follows:
   12. a. Each deposit initiator shall provide a report to the department
 describing  all  the  types of beverage containers on which it initiates
 deposits. The report shall include the product name, type  of  beverage,
 size  and composition of the beverage container, universal product code,
 A. 10184                            8
 
 THE PRESENCE OF  ANY  STATE-SPECIFIC  UNIVERSAL  PRODUCT  CODE  AND  THE
 PERCENTAGE OF PRODUCTS COVERED BY SUCH CODE, THE METHODS USED TO PREVENT
 THE FRAUDULENT SALE AND REDEMPTION OF BEVERAGE CONTAINERS, and any other
 information  the  department may require. Upon request, a deposit initi-
 ator shall also provide to the department a copy of the container  label
 or  a picture of any beverage container sold or offered for sale in this
 state on which  it  initiates  a  deposit.  Such  information  shall  be
 provided  in  a form as prescribed by the department. The department may
 require that such forms be filed electronically.
   b. A bottler may  place  on  a  beverage  container  a  STATE-SPECIFIC
 universal product code [or other distinctive marking that is specific to
 the  state  or  used  only  in  the state and any other states with laws
 substantially similar to this title] as a means of preventing  the  sale
 or redemption of beverage containers on which no deposit was initiated.
   c.  A  bottler  or deposit initiator shall notify the department, in a
 form prescribed by the department,  whenever  a  beverage  container  or
 beverage  container  label  is revised by altering the universal product
 code, or whenever the  container  on  which  a  universal  product  code
 appears  is changed in size, composition or glass color, or whenever the
 container or container label on which a universal product  code  appears
 is  changed  to include a STATE-SPECIFIC universal product code [that is
 unique to the state or used only in the state and any other states  with
 laws substantially similar to this title].
   § 9. Section 27-1014 of the environmental conservation law, as amended
 by  section  10 of part SS of chapter 59 of the laws of 2009, is amended
 to read as follows:
 § 27-1014. Authority to promulgate rules and regulations.
   In addition to the  authority  of  the  commissioner,  under  sections
 27-1007,  27-1009,  27-1011,  27-1012,  and  27-1013  of this title, the
 commissioner shall have the power to promulgate  rules  and  regulations
 necessary and appropriate for the administration of this title.
   § 10.  Section 27-1005 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:
 § 27-1005. Refund value.
   No  person  shall  sell or offer for sale a beverage container in this
 state unless the deposit on such  beverage  container  is  or  has  been
 collected  by  a  registered deposit initiator and unless such container
 has a refund value of not less than five cents, AND BEGINNING  APRIL  1,
 2025  A  REFUND VALUE OF NOT LESS THAN TEN CENTS, which is clearly indi-
 cated thereon as provided in section 27-1011 of this title.
   § 11. This act shall take effect April  1,  2024;  provided,  however,
 that  section two of this act shall take effect April 1, 2025. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.