Amends provisions of law relating to redemption of beverage containers

BILL NUMBER:A8143B

Title of bill

An act to amend the environmental conservation law, in relation to returnable beverage containers; and to amend chapter 59 of the laws of 2009, amending the environmental conservation law and the economic development law relating to including additional beverage containers, in relation to requiring a study on fraud and improper redemption

Purpose or general idea of bill

This bill will:

*allow for innovation in redemption, particularly for Big Box stores; and

*require the Departments of Environmental Conservation (DEC) and Tax and Finance to report to the Legislature on cross-border fraud and improper redemption.

Summary of specific provisions

Section 1 amends paragraph (a) of subdivision 3 of section 27-1007 of the ECL to provide that a store of less than 10,000 square feet may either contract with a redemption center within one half mile or provide a two hour daily period where up to 240 containers must be accepted.

Section 2 amends subdivision 1 of section 27-1007 of the ECL to:

* Provide that certain large chain stores are exempt from the require- ments to install reverse vending machines if they sell a minimal amount of covered containers for off premises consumption;

* Provide that the scrip or receipt from reverse vending machines shall expire after 30 days, and that such scrip or receipt clearly indicate its expiration; and,

* Require the Commissioner of DEC to provide for a waiver for the requirement of large chain stores to install reverse vending machines if equally convenient and efficient methods of redemption will be provided.

Section 3 amends subdivision 1 of section 27-1012 to allow businesses ten days, rather than five days, to deposit the container refunds into a refund value account.

Section 4 amends Part SS of chapter 59 of the Laws of 2009 to require the commissioners of DEC and the Department of Tax and Finance to report and provide recommendations to the Legislature on issues related to illegal redemption and cross-border fraud.

Section 5 provides the effective date.

Justification

This bill requires the commissioners of DEC and the Department of Tax and Finance to report and provide recommendations to the Legislature on issues related to cross-border fraud.

The bill also makes technical corrections to improve implementation of the new bottle bill requirements contained in Chapter 59 of the Laws of 2009.

Prior legislative history

2009: A.8143-A Referred to the Assembly Standing Committee on Environmental Conservation.

Fiscal implications

To be determined.

Effective date

Immediate.