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S09164 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9164
 
                    IN SENATE
 
                                      May 11, 2022
                                       ___________
 
        Introduced by Sens. MAY, HARCKHAM -- read twice and ordered printed, and
          when printed to be committed to the Committee on Environmental Conser-
          vation
 
        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:

     1    Section  1.  Subdivision  1  of  section  27-1003 of the environmental
     2  conservation law, as amended by section 2 of part SS of  chapter  59  of
     3  the laws of 2009, is amended to read as follows:
     4    1.  "Beverage"  means  carbonated soft drinks, water, beer, other malt
     5  beverages [and a], wine, liquor, distilled spirit coolers, and cider and
     6  wine [product] products as  defined  in  [subdivision  thirty-six-a  of]
     7  section  three  of  the alcoholic beverage control law. "Malt beverages"
     8  means any beverage obtained by the alcoholic fermentation or infusion or
     9  decoction of barley, malt, hops, or other wholesome grain or cereal  and
    10  water  including,  but not limited to ale, stout or malt liquor. "Water"
    11  means any beverage identified through  the  use  of  letters,  words  or
    12  symbols  on its product label as a type of water, including any flavored
    13  water or nutritionally enhanced water[, provided, however, that  "water"
    14  does  not  include any beverage identified as a type of water to which a
    15  sugar has been added].
    16    § 2. Subdivision 1 of section 27-1003 of the  environmental  conserva-
    17  tion  law,  as amended by section one of this act, is amended to read as
    18  follows:
    19    1. "Beverage" means carbonated soft drinks, noncarbonated soft drinks,
    20  noncarbonated fruit or vegetable juices containing less than one hundred
    21  percent fruit or vegetable juice, coffee and tea  beverages,  carbonated
    22  fruit  beverages,  water,  beer,  other  malt  beverages,  wine, liquor,
    23  distilled spirit coolers, and cider and  wine  products  as  defined  in
    24  section  three  of  the alcoholic beverage control law. "Malt beverages"
    25  means any beverage obtained by the alcoholic fermentation or infusion or
    26  decoction of barley, malt, hops, or other wholesome grain or cereal  and
    27  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

        S. 9164                             2
 
     1  means any beverage identified through  the  use  of  letters,  words  or
     2  symbols  on its product label as a type of water, including any flavored
     3  water or nutritionally enhanced water.
     4    §  3. Subdivision 12 of section 27-1003 of the environmental conserva-
     5  tion law, as added by section 3 of part SS of chapter 59 of the laws  of
     6  2009, is amended and a new subdivision 14 is added to read as follows:
     7    12.  "Reverse  vending  machine" means an automated device that uses a
     8  laser scanner, microprocessor, or other technology to accurately  recog-
     9  nize  the universal product code (UPC) on containers to determine if the
    10  container is redeemable and accumulates information regarding containers
    11  redeemed, including the number  of  such  containers  redeemed,  thereby
    12  enabling the reverse vending machine to accept containers from redeemers
    13  and  to issue a scrip or receipt for their refund value. Such definition
    14  shall also apply to alternative technology approved by the  commissioner
    15  pursuant  to  subparagraph  (iii) of paragraph (b) of subdivision one of
    16  section 27-1007 of this title.
    17    14. "State-specific UPC code" means a universal product code and label
    18  design that is unique to New York or used only in New York and any other
    19  states that have a substantially similar refund value law.
    20    § 4. Section 27-1007 of the environmental conservation law,  as  added
    21  by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
    22  of  subdivision  1  as  amended  by chapter 459 of the laws of 2011, and
    23  subdivision 12 as added by section 3 of part F of chapter 58 of the laws
    24  of 2013, is amended to read as follows:
    25  § 27-1007. Mandatory acceptance.
    26    Except as provided in section 27-1009 of this title:
    27    1. (a) A dealer shall accept at his or her place of  business  from  a
    28  redeemer  any  empty  beverage  containers  of  the design, shape, size,
    29  color, composition and brand sold or offered for sale by the dealer, and
    30  shall pay to the  redeemer  the  refund  value  of  each  such  beverage
    31  container  as  established in section 27-1005 of this title. Redemptions
    32  of refund value must be in legal tender, or a scrip or  receipt  from  a
    33  reverse  vending  machine,  provided  that  the  scrip or receipt can be
    34  exchanged for legal tender for a period of  not  less  than  sixty  days
    35  without  requiring the purchase of other goods.  In the event such scrip
    36  or receipt expires, such scrip or receipt must indicate  any  expiration
    37  date  and  the  dealer  must post a conspicuous sign indicating how many
    38  days a redeemer has to exchange the scrip or receipt for  legal  tender.
    39  If  such  notification  is  not  provided, a dealer must redeem the full
    40  refund value indicated on any legible scrip or receipt. The use or pres-
    41  ence of a reverse vending machine shall not  relieve  a  dealer  of  any
    42  obligations  imposed  pursuant  to  this section. If a dealer utilizes a
    43  reverse vending machine to redeem containers, the dealer  shall  provide
    44  redemption  of  beverage  containers when the reverse vending machine is
    45  full, broken, under repair  or  does  not  accept  a  type  of  beverage
    46  container  sold or offered for sale by such dealer and may not limit the
    47  hours or days of redemption except as provided by subdivision  three  of
    48  this section.
    49    (b)  Beginning  March first, two thousand ten, a dealer whose place of
    50  business is part of a chain engaged in the same general field  of  busi-
    51  ness  which operates ten or more units in this state under common owner-
    52  ship and whose business has at least: (i) forty thousand but  less  than
    53  sixty  thousand  square  feet  devoted to the display of merchandise for
    54  sale to the public shall install and maintain at least two reverse vend-
    55  ing machines at the dealer's place of business; (ii) sixty thousand  but
    56  less  than  eighty-five  thousand  square feet devoted to the display of

        S. 9164                             3
 
     1  merchandise for sale to the public shall install and maintain  at  least
     2  three  reverse  vending  machines  at the dealer's place of business; or
     3  (iii) eighty-five  thousand  square  feet  devoted  to  the  display  of
     4  merchandise  for  sale to the public shall install and maintain at least
     5  four reverse vending machines at the dealer's  place  of  business.  The
     6  requirements  of  paragraph (b) of this subdivision to install and main-
     7  tain reverse vending machines shall not apply  to  a  dealer  that:  (i)
     8  sells  only  beverage  containers  of  twenty  ounces or less where such
     9  beverage containers are packaged in  quantities  fewer  than  six;  (ii)
    10  sells  beverage  containers and devotes no more than five percent of its
    11  floor space to the display and sale of consumer commodities, as  defined
    12  in section two hundred fourteen-h of the agriculture and markets law; or
    13  (iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
    14  provide consumers with an alternative technology that: (A) determines if
    15  the container is redeemable,  (B)  provides  protections  against  fraud
    16  through  a  system that validates each container redeemed by reading the
    17  universal product code and, except with respect to  refillable  contain-
    18  ers,  renders  the  container  unredeemable, (C) accumulates information
    19  regarding containers redeemed, and (D) issues legal tender, or a  scrip,
    20  receipt,  or  other  form  of  credit  for the refund value, that can be
    21  exchanged for legal tender for a period of  not  less  than  sixty  days
    22  without  requiring  the purchase of other goods and includes any expira-
    23  tion date on the scrip, receipt, or other form of credit.  Notwithstand-
    24  ing  the foregoing, if the alternative technology does not allow consum-
    25  ers to immediately obtain the refund value of the redeemed container,  a
    26  dealer  shall be permitted to deploy such alternative technology only if
    27  it also offers an alternative that allows consumers to conveniently  and
    28  immediately  obtain  such refund value through a reverse vending machine
    29  or other alternative method.
    30    (c) A dealer to which paragraph (b) of this subdivision does not apply
    31  and whose place of business is at least forty thousand square feet which
    32  does not utilize reverse vending  machines  to  process  empty  beverage
    33  containers  for redemption shall: (i) establish and maintain a dedicated
    34  area within such business to accept beverage containers for  redemption;
    35  (ii)  adequately  staff such area to facilitate efficient acceptance and
    36  processing of such containers during business hours; and (iii) post  one
    37  or  more conspicuous signs conforming to the size and color requirements
    38  described in subdivision two of this section at each public entrance  to
    39  the  business  which describes where in the business the redemption area
    40  is located. The commissioner may  establish  in  rules  and  regulations
    41  additional standards for the efficient processing of beverage containers
    42  by such dealers.
    43    (d)  For  the purposes of this subdivision on any day that a dealer is
    44  open for less than twenty-four hours, the dealer may restrict or  refuse
    45  the  payment  of refund values during the first and last hour the dealer
    46  is open for business.
    47    2. A dealer shall post a conspicuous sign, at the point of sale,  that
    48  states:
    49                       "NEW YORK BOTTLE BILL OF RIGHTS
 
    50   STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
    51           THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 
    52  YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
    53  ACT:

        S. 9164                             4
 
     1    THE RIGHT to return your empties for refund to any  dealer  who  sells
     2  the  same brand, type and size, whether you bought the beverage from the
     3  dealer or not. It is illegal to return containers for  refund  that  you
     4  did not pay a deposit on in New York state.
     5    THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
     6  purchase.
     7    THE RIGHT to return your empties any day, any  hour,  except  for  the
     8  first  and  last hour of the dealer's business day (empty containers may
     9  be redeemed at any time in 24-hour stores).
    10    THE RIGHT to return your containers if  they  are  empty  and  intact.
    11  Washing  containers  is not required by law, but is strongly recommended
    12  to maintain sanitary conditions.
    13    The New York state returnable container act can be enforced by the New
    14  York state department of environmental conservation, the New York  state
    15  department  of agriculture and markets, the New York state department of
    16  taxation and finance, the New York state attorney general and/or by your
    17  local government."
    18    Such sign must be no less than eight inches by ten inches in size  and
    19  have  lettering a minimum of one quarter inch high, and of a color which
    20  contrasts with the background. The department shall maintain a toll free
    21  telephone number for a "bottle bill complaint line" that shall be avail-
    22  able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
    23  violations of this title. The telephone number shall be  listed  on  any
    24  sign required by this section.
    25    3.  On  or after June first, two thousand nine, a dealer may limit the
    26  number of empty beverage containers to be accepted for redemption at the
    27  dealer's place of business to no less than  seventy-two  containers  per
    28  visit, per redeemer, per day, provided that:
    29    (a) The dealer has a written agreement with a redemption center, be it
    30  either  at  a  fixed physical location within the same county and within
    31  [one-half] one mile of the dealer's  place  of  business,  or  a  mobile
    32  redemption  center,  operated  by  a  redemption center, that is located
    33  within one-quarter mile of the dealer's place of business.  The  redemp-
    34  tion  center  must  have  a  written agreement with the dealer to accept
    35  containers on behalf of the dealer; and the redemption center's hours of
    36  operation must cover at least 9:00 a.m. through 7:00 p.m.  daily  or  in
    37  the  case  of  a  mobile  redemption center, the hours of operation must
    38  cover at least four consecutive hours between 8:00 a.m.  and  8:00  p.m.
    39  daily.  The  dealer must post a conspicuous, permanent sign, meeting the
    40  size and color specifications set  forth  in  subdivision  two  of  this
    41  section,  open  to  public  view,  identifying the location and hours of
    42  operation of the  affiliated  redemption  center  or  mobile  redemption
    43  center; and
    44    (b)  The  dealer provides, at a minimum, a consecutive two hour period
    45  between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept  up
    46  to  two  hundred  forty  containers,  per redeemer, per day, and posts a
    47  conspicuous, permanent sign, meeting the size and  color  specifications
    48  set forth in subdivision two of this section, open to public view, iden-
    49  tifying  those  hours. The dealer may not change the hours of redemption
    50  without first posting a thirty day notice; and
    51    (c) The dealer's primary business is the sale of food or beverages for
    52  consumption off-premises, and the dealer's place  of  business  is  less
    53  than ten thousand square feet in size.
    54    4.  A  deposit  initiator  shall accept from a dealer or operator of a
    55  redemption center any empty beverage container  of  the  design,  shape,
    56  size,  color,  composition  and  brand  sold  or offered for sale by the

        S. 9164                             5
 
     1  deposit initiator, and shall pay the dealer or operator of a  redemption
     2  center  the  refund value of each such beverage container as established
     3  by section 27-1005 of this title. A deposit initiator shall  accept  and
     4  redeem  all  such  empty beverage containers from a dealer or redemption
     5  center without limitation on quantity.
     6    5. A deposit initiator's or distributor's failure  to  pick  up  empty
     7  beverage containers, including containers processed in a reverse vending
     8  machine,  from  a redemption center, dealer or the operator of a reverse
     9  vending machine, in a timely manner and at reasonable times as  provided
    10  by  the  department  pursuant to the regulations promulgated pursuant to
    11  paragraph (c) of subdivision eight of this section shall be a  violation
    12  of this title.
    13    6.  In  addition to the refund value of a beverage container as estab-
    14  lished by section 27-1005 of this title, a deposit initiator  shall  pay
    15  to any dealer or operator of a redemption center a handling fee of three
    16  and  one-half  cents for each beverage container accepted by the deposit
    17  initiator from such dealer or operator of a redemption center.    Begin-
    18  ning April first, two thousand twenty-five, the handling fee will be six
    19  cents. Payment of the handling fee shall be as compensation for collect-
    20  ing,  sorting  and  packaging of empty beverage containers for transport
    21  back to the deposit initiator or its designee. Payment of  the  handling
    22  fee may not be conditioned on the purchase of any goods or services, nor
    23  may  such  payment  be  made out of the refund value account established
    24  pursuant to section 27-1012 of this title. A distributor  who  does  not
    25  initiate deposits on a type of beverage container is considered a dealer
    26  only  for  the purpose of receiving a handling fee from a deposit initi-
    27  ator.
    28    7. A deposit initiator on a brand shall accept from a distributor  who
    29  does  not  initiate deposits on that brand any empty beverage containers
    30  of that brand accepted by the distributor from a dealer or operator of a
    31  redemption center and shall reimburse the distributor the  refund  value
    32  of  each  such  beverage container, as established by section 27-1005 of
    33  this title. In addition, the  deposit  initiator  shall  reimburse  such
    34  distributor  for  each  such  beverage container the handling fee estab-
    35  lished under subdivision six  of  this  section.  Without  limiting  the
    36  rights  of  the department or any person, firm or corporation under this
    37  subdivision or any other provision of this section, a distributor  shall
    38  have  a  civil  right  of action to enforce this subdivision, including,
    39  upon three days notice, the right to apply for temporary and preliminary
    40  injunctive relief against continuing violations, and until  arrangements
    41  for  collection  and return of empty containers or reimbursement of such
    42  distributor for such deposits and handling fees are made.
    43    8. It shall be the responsibility of the deposit initiator or distrib-
    44  utor to provide to a dealer or redemption center a sufficient number  of
    45  bags, cartons, or other suitable containers, at no cost, for the packag-
    46  ing,  handling  and  pickup  of  empty  beverage containers that are not
    47  redeemed through a  reverse  vending  machine.  The  bags,  cartons,  or
    48  containers must be provided by the deposit initiator or distributor on a
    49  schedule  that allows the dealer or redemption center sufficient time to
    50  sort the empty beverage containers prior  to  pick  up  by  the  deposit
    51  initiator or distributor. In addition:
    52    (a)  When picking up empty beverage containers, a deposit initiator or
    53  distributor shall not require a dealer  or  redemption  center  to  load
    54  their  own  bags,  cartons or containers onto or into the deposit initi-
    55  ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
    56  equipment  needed  to  do  so.  However,  where  pallets or skids, bags,

        S. 9164                             6
 
     1  cartons or containers are readily movable only by means of a forklift or
     2  similar equipment, a deposit initiator  or  distributor  may  require  a
     3  dealer  or redemption center to move or load such items at no cost using
     4  a  forklift  or  similar equipment belonging to the dealer or redemption
     5  center provided that such equipment and appropriate  staff  are  readily
     6  available.
     7    (b)  A  deposit  initiator  or  distributor  shall  not  require empty
     8  containers to be counted at a location other than the redemption  center
     9  or  dealer's  place  of  business. The dealer or redemption center shall
    10  have the right to be present at the count. In the event of a discrepancy
    11  between the count of the dealer or redemption center and  the  count  of
    12  the  deposit  initiator  or  distributor  for  containers  not processed
    13  through a reverse vending machine all such  empty  containers  shall  be
    14  retained  and a re-count may be requested. The re-count may be held at a
    15  location other than the redemption center or dealer's place of  business
    16  only if the dealer or redemption center agrees and is present.
    17    (c)  A  deposit  initiator or distributor shall pick up empty beverage
    18  containers from the dealer or redemption center in a timely  manner  and
    19  at  reasonable  times  [and  intervals]  as determined in rules or regu-
    20  lations promulgated by the department no later  than  April  first,  two
    21  thousand twenty-five.
    22    9.  No  person shall return or assist another to return to a dealer or
    23  redemption center an empty beverage container for its  refund  value  if
    24  such  container had previously been accepted for redemption by a dealer,
    25  redemption center, or deposit initiator who initiates deposits on bever-
    26  age containers of the same brand.
    27    10. A redeemer, dealer, distributor or  redemption  center  shall  not
    28  knowingly  redeem  an  empty  beverage  container on which a deposit was
    29  never paid in New York state.
    30    11. Notwithstanding the  provisions  of  subdivision  two  of  section
    31  27-1009  of  this title, a deposit initiator or distributor shall accept
    32  and redeem beverage containers as provided in this title, if the  dealer
    33  or  operator  of  a  redemption  center shall have accepted and paid the
    34  refund value of such beverage containers.
    35    12. No person shall intentionally program, tamper with, render inaccu-
    36  rate, or circumvent the proper operation of a reverse vending machine to
    37  wrongfully elicit deposit monies  when  no  valid,  redeemable  beverage
    38  container has been placed in and properly processed by the reverse vend-
    39  ing machine.
    40    13.  The  department  and  the  department of taxation and finance are
    41  authorized to audit any reverse vending machine.
    42    § 5. Paragraph (b) of subdivision 3 of section 27-1011 of the environ-
    43  mental conservation law, as added by section 1 of part PP of chapter  58
    44  of the laws of 2018, is amended and a new subdivision 4 is added to read
    45  as follows:
    46    (b)  comply  with  minimum post-consumer recycled material content and
    47  hole diameter limitations as defined in rules and regulations promulgat-
    48  ed  by  the  department  no  later  than  April  first,   two   thousand
    49  twenty-four,  and  is  recyclable  and  indicates a resin identification
    50  code.
    51    4. (a) Effective January first, two thousand twenty-five, every  glass
    52  beverage  container  shall  contain  a minimum percentage of thirty-five
    53  percent post-consumer glass and every aluminum beverage container  shall
    54  contain a minimum percentage of thirty-five percent post-consumer alumi-
    55  num.

        S. 9164                             7
 
     1    (b)  Effective  January first, two thousand twenty-eight, every polye-
     2  thylene terephthalate (PET) beverage container  shall  contain  no  less
     3  than twenty-five percent post-consumer PET.
     4    (c) Effective January first, two thousand thirty, every plastic bever-
     5  age  container  shall  contain no less than thirty percent post-consumer
     6  plastic.
     7    (d) The department may, by regulation, grant a reduction or waiver  of
     8  the  percentage  requirement established pursuant to this subdivision if
     9  the department finds and determines that it is technologically  infeasi-
    10  ble for the bottler to achieve the specified percent requirement.
    11    §  6.  Paragraph c of subdivision 3 of section 27-1012 of the environ-
    12  mental conservation law, as added by section 8 of part SS of chapter  59
    13  of the laws of 2009, is amended to read as follows:
    14    c.  all withdrawals from the refund value account during such quarter,
    15  including all reimbursements paid pursuant to subdivision  two  of  this
    16  section,  all service charges on the account, provided that such service
    17  charges do not exceed the maximum amount authorized by the commissioner,
    18  and all payments made pursuant to subdivision four of this section; and
    19    § 7. Paragraph a of subdivision 4 of section 27-1012 of  the  environ-
    20  mental  conservation law, as added by section 8 of part SS of chapter 59
    21  of the  laws of 2009, is amended to read as follows:
    22    a. Quarterly payments. An  amount  equal  to  eighty  percent  of  the
    23  balance  outstanding  in  the  refund value account at the close of each
    24  quarter shall be paid to the commissioner of taxation and finance at the
    25  time the report provided for in subdivision three  of  this  section  is
    26  required  to  be  filed.  The  commissioner  of taxation and finance may
    27  require that the payments be made electronically. The  remaining  twenty
    28  percent of the balance outstanding at the close of each quarter shall be
    29  the  monies  of  the  deposit  initiator  and may be withdrawn from such
    30  account by the deposit initiator.  However, until April first, two thou-
    31  sand twenty-seven, a deposit initiator who initiates deposits on refill-
    32  able beverage containers or beverage containers  with  a  state-specific
    33  universal  product code may be entitled to pay an amount equal to seven-
    34  ty-five percent of the balance outstanding in the refund  value  account
    35  specifically  attributable to refillable beverage containers or beverage
    36  containers bearing such product code at the close of each quarter to the
    37  commissioner of taxation and finance at the time the report provided for
    38  in subdivision three of this section is required to  be filed. No  later
    39  than  October  first, two thousand twenty-six, the commissioner of taxa-
    40  tion and finance shall submit a report to the governor and the  legisla-
    41  ture  regarding the implementation of the state-specific universal prod-
    42  uct code and an evaluation of its effectiveness in decreasing fraud.  If
    43  the  provisions  of  this  section with respect to such account have not
    44  been fully complied with, each  deposit  initiator  shall  pay  to  such
    45  commissioner  at  such  time,  in  lieu  of  the amount described in the
    46  preceding sentence, an amount equal to the balance which would have been
    47  outstanding on such date had such provisions been fully  complied  with.
    48  The  commissioner  of taxation and finance may require that the payments
    49  be made electronically.
    50    § 8. Subdivision 12 of section 27-1012 of the environmental  conserva-
    51  tion law, as amended by section 6 of part F of chapter 58 of the laws of
    52  2013, is amended to read as follows:
    53    12. a. Each deposit initiator shall provide a report to the department
    54  describing  all  the  types of beverage containers on which it initiates
    55  deposits. The report shall include the product name, type  of  beverage,
    56  size  and composition of the beverage container, universal product code,

        S. 9164                             8
 
     1  the presence of  any  state-specific  universal  product  code  and  the
     2  percentage of products covered by such code, the methods used to prevent
     3  the fraudulent sale and redemption of beverage containers, and any other
     4  information  the  department may require. Upon request, a deposit initi-
     5  ator shall also provide to the department a copy of the container  label
     6  or  a picture of any beverage container sold or offered for sale in this
     7  state on which  it  initiates  a  deposit.  Such  information  shall  be
     8  provided  in  a form as prescribed by the department. The department may
     9  require that such forms be filed electronically.
    10    b. A bottler may  place  on  a  beverage  container  a  state-specific
    11  universal product code [or other distinctive marking that is specific to
    12  the  state  or  used  only  in  the state and any other states with laws
    13  substantially similar to this title] as a means of preventing  the  sale
    14  or redemption of beverage containers on which no deposit was initiated.
    15    c.  A  bottler  or deposit initiator shall notify the department, in a
    16  form prescribed by the department,  whenever  a  beverage  container  or
    17  beverage  container  label  is revised by altering the universal product
    18  code, or whenever the  container  on  which  a  universal  product  code
    19  appears  is changed in size, composition or glass color, or whenever the
    20  container or container label on which a universal product  code  appears
    21  is  changed  to include a state-specific universal product code [that is
    22  unique to the state or used only in the state and any other states  with
    23  laws substantially similar to this title].
    24    § 9. Section 27-1014 of the environmental conservation law, as amended
    25  by  section  10 of part SS of chapter 59 of the laws of 2009, is amended
    26  to read as follows:
    27  § 27-1014. Authority to promulgate rules and regulations.
    28    In addition to the  authority  of  the  commissioner,  under  sections
    29  27-1007,  27-1009,  27-1011,  27-1012,  and  27-1013  of this title, the
    30  commissioner shall have the power to promulgate  rules  and  regulations
    31  necessary and appropriate for the administration of this title.
    32    § 10.  Section 27-1005 of the environmental conservation law, as added
    33  by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
    34  read as follows:
    35  § 27-1005. Refund value.
    36    No  person  shall  sell or offer for sale a beverage container in this
    37  state unless the deposit on such  beverage  container  is  or  has  been
    38  collected  by  a  registered deposit initiator and unless such container
    39  has a refund value of not less than five cents, and beginning  April  1,
    40  2025  a  refund value of not less than ten cents, which is clearly indi-
    41  cated thereon as provided in section 27-1011 of this title.
    42    § 11. This act shall take effect April  1,  2024;  provided,  however,
    43  that  section two of this act shall take effect April 1, 2025. Effective
    44  immediately, the addition, amendment and/or repeal of any rule or  regu-
    45  lation  necessary  for  the  implementation of this act on its effective
    46  date are authorized to be made and completed on or before such effective
    47  date.
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