•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06353 Summary:

BILL NOA06353A
 
SAME ASSAME AS S00237-C
 
SPONSORGlick
 
COSPNSRFahy, Simon, Dinowitz, Rosenthal L, Gallagher, Ramos, Paulin, Aubry, Carroll, Gonzalez-Rojas, Simone, Burgos, Reyes, Rivera, Colton, Burdick, De Los Santos, Lavine, O'Donnell, Shimsky, Dickens, Epstein, Steck, Alvarez, Raga, Thiele, Levenberg, Bores, Stirpe, Ardila, Lunsford, Sillitti, Hevesi, Sayegh, Kim, Zinerman, Gunther, Shrestha, Otis, Wallace, Taylor, Bichotte Hermelyn, Forrest, Mamdani, Clark, Bronson, Seawright, Kelles, Lucas, McMahon, Weprin, Meeks, Mitaynes, Tapia, Lee, Davila, Gibbs
 
MLTSPNSR
 
Amd §§27-1003, 27-1005, 27-1007, 27-1011, 27-1012, 27-1013, 27-1014 & 27-1018, En Con L
 
Relates to returnable bottles; adds noncarbonated soft drinks, certain noncarbonated fruit or vegetable juices, coffee and tea beverages, carbonated fruit beverages and cider to the definition of "beverage"; provides that beginning April 1, 2026, the handling fee will be six cents for each beverage container accepted by a deposit initiator from a dealer or operator of a redemption center.
Go to top

A06353 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6353A
 
SPONSOR: Glick
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to returnable bottles; and to repeal section 27-1018 of such law relating to the beverage container assistance program   PURPOSE: The purpose of this bill is to expand the type of beverages eligible for a deposit and redemption under the current Bottle Bill, raise the depos- it refund value to ten cents, and to improve the redemption process.   SUMMARY OF PROVISIONS: Section 1 of the bill would amend § 27-1003(1) of the Environmental Conservation Law (ECL) to include noncarbonated soft drinks, noncarbo- nated fruit and vegetable juices containing less than 100% fruit or vegetable juice, coffee and tea beverages, and carbonated fruit beverag- es, and cider under definition of beverage and remove the prohibition on the redemption of water beverages with added sugar. Section 2 of the bill would amend § 27-1003(1) of the ECL to include all beverage containers which contain liquids for oral consumption within the definition of "beverage" starting April 1, 2029. Section 3 of the bill would amend § 27-1003(12) of the ECL to expand the definition of "reverse vending machine" to include alternative technolo- gy approved by the Commissioner of the Department of Environmental Conservation (DEC) under a local solid waste management plan and adds definitions of refillable beverage containers, return and reusable systems, redemption rate, and recycling. Section 4 of the bill would amend § 27-1007 of the ECL to increase consumer protections including, for example protections for expiring returned container scrip and receipts. This section would also modify the container take-back requirements for small retail businesses of 10,000 square feet or less that primarily sell food or beverages for consumption off premises, to provide greater flexibility. Additionally, this section would increase the handling fee to five cents immediately, six cents beginning April 1, 2026 and six and one half cent beginning April 1, 2031. Finally, it would and add provisions relating to recounts, the loading and unloading of containers, and grant audit powers over RVMs. Section 5 of the bill would amend § 27-1011 of the ECL to require the use of Universal Parcel Codes Section 6 of the bill would amend § 27-1011 of the ECL to establish phased-in minimum post-consumer content requirements for beverage containers. Section 7 of the bill would amend § 27-1012 of the ECL to transfer 5% of additional unclaimed funds to the beverage container assistance fund Raising the deposit to 10 cents will incentivize the public to return empty beverage containers, reduce liter, and provide additional income to individuals who collect and redeem such containers. Additionally, the delayed phase in will allow time for the bottle return industry to prepare.   LEGISLATIVE HISTORY: 2022: S9164 (MAY) REF TO ENCON/A.10184 (Englebright) Ref to Encon   FISCAL IMPLICATIONS: UndeterMined   EFFECTIVE DATE: This act shall take effect April 1, 2025; provided, however, that section one of this act shall take effect April 1, 2016; provided further that section two of this act shall take effect April 1, 2029; provided, further, that the amendments to subdivision 6 of section 27-1007 of the environmental conservation law made by section four of this act shall take effect immediately; provided further that section fifteen of this act shall take effect January 1, 2038, with any proceeds transferred to the environmental protection fund established pursuant to section 92-s of the state finance law. Effective immediately, the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Go to top

A06353 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6353--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 5, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  GLICK,  FAHY, SIMON, DINOWITZ, L. ROSENTHAL,
          GALLAGHER, RAMOS,  PAULIN,  AUBRY,  CARROLL,  GONZALEZ-ROJAS,  SIMONE,
          BURGOS,   REYES,   RIVERA,  COLTON,  BURDICK,  DE LOS SANTOS,  LAVINE,
          O'DONNELL, SHIMSKY, DICKENS, EPSTEIN, STECK,  ALVAREZ,  RAGA,  THIELE,
          LEVENBERG,  BORES, STIRPE, ARDILA, LUNSFORD, SILLITTI, HEVESI, SAYEGH,
          KIM,   ZINERMAN,   GUNTHER,   SHRESTHA,   OTIS,    WALLACE,    TAYLOR,
          BICHOTTE HERMELYN,   FORREST,   MAMDANI,  CLARK,  BRONSON,  SEAWRIGHT,
          KELLES, LUCAS, McMAHON, WEPRIN  --  read  once  and  referred  to  the
          Committee  on Environmental Conservation -- recommitted to the Commit-
          tee on Environmental Conservation in accordance with Assembly Rule  3,
          sec.  2  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          returnable bottles; and to repeal section 27-1018 of such law relating
          to the beverage container assistance program
 
          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, noncarbonated soft drinks,
     5  noncarbonated fruit or vegetable juices containing less than one hundred
     6  percent fruit or vegetable juice, coffee and tea  beverages,  carbonated
     7  fruit  beverages, water, beer, other malt beverages, cider as defined in
     8  section three of the alcoholic beverage control law, and [a] wine [prod-
     9  uct] products as defined in [subdivision thirty-six-a of] section  three
    10  of the alcoholic beverage control law. "Malt beverages" means any bever-
    11  age  obtained  by the alcoholic fermentation or infusion or decoction of
    12  barley, malt, hops, or other wholesome grain or cereal and water includ-
    13  ing, but not limited to ale, stout or malt  liquor.  "Water"  means  any
    14  beverage  identified through the use of letters, words or symbols on its
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00531-16-4

        A. 6353--A                          2
 
     1  product label as a type of water, including any flavored water or nutri-
     2  tionally enhanced water[,  provided,  however,  that  "water"  does  not
     3  include  any beverage identified as a type of water to which a sugar has
     4  been added].
     5    §  2.  Subdivision 1 of section 27-1003 of the environmental conserva-
     6  tion law, as amended by section one of this act, is amended to  read  as
     7  follows:
     8    1.  "Beverage"  means  [carbonated  soft  drinks,  noncarbonated  soft
     9  drinks, noncarbonated fruit or vegetable juices containing less than one
    10  hundred percent fruit or vegetable  juice,  coffee  and  tea  beverages,
    11  carbonated  fruit beverages, water, beer, other malt beverages, cider as
    12  defined in section three of the alcoholic beverage control  law,  and  a
    13  wine  product  as  defined  in  section  three of the alcoholic beverage
    14  control law. "Malt beverages" means any beverage obtained by  the  alco-
    15  holic  fermentation  or  infusion or decoction of barley, malt, hops, or
    16  other wholesome grain or cereal and water including, but not limited  to
    17  ale, stout or malt liquor. "Water" means any beverage identified through
    18  the  use  of letters, words or symbols on its product label as a type of
    19  water, including any flavored water or nutritionally enhanced water] any
    20  drinkable liquid intended for human oral consumption. The term  beverage
    21  does  not  include:  a  drug regulated under the Federal Food, Drug, and
    22  Cosmetic Act, 21 U.S.C. 301 et seq.; infant formula; a meal  replacement
    23  liquid;  dairy  products  derived  from  animal  milk; plant-based dairy
    24  alternatives; and noncarbonated fruit or vegetable juices containing one
    25  hundred percent fruit or vegetable juice.
    26    § 3. Subdivisions 8 and 12 of section  27-1003  of  the  environmental
    27  conservation  law,  subdivision 8 as added by chapter 200 of the laws of
    28  1982 and subdivision 12 as added by section 3 of part SS of  chapter  59
    29  of  the  laws of 2009, are amended and five new subdivisions 14, 15, 16,
    30  17 and 18 are added to read as follows:
    31    8. "Redeemer" means every person who demands the refund value provided
    32  for herein in exchange for the empty beverage container,  regardless  of
    33  personal  purchase  of  the  beverage container, but shall not include a
    34  dealer as defined in subdivision four of this section.
    35    12. "Reverse vending machine" means an automated device  that  uses  a
    36  laser  scanner, microprocessor, or other technology to accurately recog-
    37  nize the universal product code (UPC) on containers to determine if  the
    38  container is redeemable and accumulates information regarding containers
    39  redeemed,  including  the  number  of  such containers redeemed, thereby
    40  enabling the reverse vending machine to accept containers from redeemers
    41  and to issue legal tender or a scrip [or], receipt,  or  other  form  of
    42  credit  for  their  refund  value.  Such  definition shall also apply to
    43  alternative technology approved by the commissioner pursuant to subpara-
    44  graph (iii) of paragraph (b) of subdivision one of  section  27-1007  of
    45  this  title.  Nothing in this definition shall be construed to relieve a
    46  dealer specified in subparagraph (iii) of paragraph (b)  of  subdivision
    47  one  of  section  27-1007 of this title of the requirement to provide an
    48  immediate form of deposit repayment if the reverse  vending  machine  or
    49  alternative technology does not provide such.
    50    14. "Refillable beverage container" means any beverage container which
    51  is  so constructed and designed that it is structurally capable of being
    52  refilled and resold at least fifty times by a beverage manufacturer, and
    53  which the beverage manufacturer requires to be returned for the  purpose
    54  of refilling and resale.
    55    15. "Return and reusable system" means a refillable beverage container
    56  reuse  system  that features an operational and financial arrangement in

        A. 6353--A                          3
 
     1  which refillable beverage containers are collected for washing and reus-
     2  ing. The distances between each point of the system shall be no  greater
     3  than two hundred miles.
     4    16. "Redemption rate" means the percentage of beverage containers sold
     5  that are redeemed for deposit value.
     6    17. "Recycling" means to separate, dismantle or process the materials,
     7  components  or  commodities  contained  in  discards  for the purpose of
     8  preparing the materials, components, or commodities for use or reuse  in
     9  new products or components. "Recycling" shall not include:
    10    (a)  energy recovery or  energy generation by any means, including but
    11  not limited to,  combustion,  incineration,  pyrolysis,    gasification,
    12  solvolysis, or waste-to-fuel;
    13    (b)  any  chemical  conversion  process; or
    14    (c) landfill disposal.
    15    18.  "Recycling  rate"  means  the  percentage  of  redeemed  beverage
    16  containers that are ultimately recycled. The  recycling  rate  shall  be
    17  calculated  as the total weight of beverage containers that are recycled
    18  in a given year divided by  the  total  weight  of  beverage  containers
    19  generated by a distributor in that year.
    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] such dealer's place of
    28  business from a redeemer any empty beverage containers  of  the  design,
    29  shape,  size,  color,  composition and brand sold or offered for sale by
    30  the dealer, and shall pay to the redeemer the refund value of each  such
    31  beverage  container  as  established  in  section 27-1005 of this title.
    32  Redemptions of refund value must be in  legal  tender,  or  a  scrip  or
    33  receipt  from  a  reverse  vending  machine,  provided that the scrip or
    34  receipt can be exchanged for legal tender for a period of not less  than
    35  sixty  days without requiring the purchase of other goods.  In the event
    36  such scrip or receipt expires, such scrip or receipt must  indicate  any
    37  expiration  date  and the dealer must post a conspicuous sign indicating
    38  how many days a redeemer has to exchange the scrip or receipt for  legal
    39  tender.  If  such notification is not provided, a dealer must redeem the
    40  full refund value indicated on any legible scrip or receipt. The use  or
    41  presence  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.  All dealers and redemption centers shall provide  consum-
    49  ers the ability to recycle any containers deemed unredeemable.
    50    (b)  Beginning  March first, two thousand ten, a dealer whose place of
    51  business is part of a chain engaged in the same general field  of  busi-
    52  ness  which operates ten or more units in this state under common owner-
    53  ship and whose business has at least: (i) forty thousand but  less  than
    54  sixty  thousand  square  feet  devoted to the display of merchandise for
    55  sale to the public shall install and maintain at least two reverse vend-
    56  ing machines at the dealer's place of business; (ii) sixty thousand  but

        A. 6353--A                          4
 
     1  less  than  eighty-five  thousand  square feet devoted to the display of
     2  merchandise for sale to the public shall install and maintain  at  least
     3  three  reverse  vending  machines  at the dealer's place of business; or
     4  (iii)  eighty-five  thousand  square  feet  devoted  to  the  display of
     5  merchandise for sale to the public shall install and maintain  at  least
     6  four  reverse  vending  machines  at the dealer's place of business. The
     7  requirements of [paragraph (b) of] this subdivision to install and main-
     8  tain reverse vending machines shall not apply  to  a  dealer  that:  (i)
     9  sells  only  beverage  containers  of  twenty  ounces or less where such
    10  beverage containers are packaged in  quantities  fewer  than  six;  (ii)
    11  sells  beverage  containers and devotes no more than five percent of its
    12  floor space to the display and sale of consumer commodities, as  defined
    13  in section two hundred fourteen-h of the agriculture and markets law; or
    14  (iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
    15  provide consumers with an alternative technology that: (A) determines if
    16  the container is redeemable,  (B)  provides  protections  against  fraud
    17  through  a  system that validates each container redeemed by reading the
    18  universal product code and, except with respect to  refillable  contain-
    19  ers,  renders  the  container  unredeemable, (C) accumulates information
    20  regarding containers redeemed, and (D) issues legal tender, or a  scrip,
    21  receipt,  or  other  form  of  credit  for the refund value, that can be
    22  exchanged for legal tender for a period of  not  less  than  sixty  days
    23  without  requiring  the purchase of other goods and includes any expira-
    24  tion date on the scrip, receipt, or other form of credit.  Notwithstand-
    25  ing  the foregoing, if the alternative technology does not allow consum-
    26  ers to immediately obtain the refund value of the redeemed container,  a
    27  dealer  shall be permitted to deploy such alternative technology only if
    28  it also offers an alternative that allows consumers to conveniently  and
    29  immediately  obtain  such refund value through a reverse vending machine
    30  or other alternative method.
    31    (c) A dealer to which paragraph (b) of this subdivision does not apply
    32  and whose place of business is at least forty thousand square feet which
    33  does not utilize reverse vending  machines  to  process  empty  beverage
    34  containers  for redemption shall: (i) establish and maintain a dedicated
    35  area within such business to accept beverage containers for  redemption;
    36  (ii)  adequately  staff such area to facilitate efficient acceptance and
    37  processing of such containers during business hours; and (iii) post  one
    38  or  more conspicuous signs conforming to the size and color requirements
    39  described in subdivision two of this section at each public entrance  to
    40  the  business  which describes where in the business the redemption area
    41  is located. The commissioner may  establish  in  rules  and  regulations
    42  additional standards for the efficient processing of beverage containers
    43  by such dealers.
    44    (d)  For  the purposes of this subdivision on any day that a dealer is
    45  open for less than twenty-four hours, the dealer may restrict or  refuse
    46  the  payment  of refund values during the first and last hour the dealer
    47  is open for business.
    48    2. A dealer shall post a conspicuous sign, at the point of sale,  that
    49  states:
    50                       "NEW YORK BOTTLE BILL OF RIGHTS
 
    51   STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
    52           THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 
    53  YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
    54  ACT:

        A. 6353--A                          5
 
     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.] eight  hours
    37  daily  or in the case of a mobile redemption center, the hours of opera-
    38  tion must cover at least four consecutive hours between  8:00  a.m.  and
    39  8:00  p.m.    daily. The dealer must post a conspicuous, permanent sign,
    40  meeting the size and color specifications set forth in  subdivision  two
    41  of this section, open to public view, identifying the location and hours
    42  of  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

        A. 6353--A                          6
 
     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
    16  [three and one-half] five cents for each beverage container accepted  by
    17  the  deposit  initiator  from  such  dealer  or operator of a redemption
    18  center.  Beginning April first, two thousand  twenty-six,  the  handling
    19  fee shall be six cents.  Beginning April first, two thousand thirty-one,
    20  the  handling fee shall be six and one-half cents. Payment of the handl-
    21  ing fee shall be as compensation for collecting, sorting  and  packaging
    22  of empty beverage containers for transport back to the deposit initiator
    23  or  its  designee. Payment of the handling fee may not be conditioned on
    24  the purchase of any goods or services, nor may such payment be made  out
    25  of  the  refund value account established pursuant to section 27-1012 of
    26  this title. A distributor who does not initiate deposits on  a  type  of
    27  beverage  container  is  considered  a  dealer  only  for the purpose of
    28  receiving a handling fee from a deposit initiator.
    29    7. A deposit initiator on a brand shall accept from a distributor  who
    30  does  not  initiate deposits on that brand any empty beverage containers
    31  of that brand accepted by the distributor from a dealer or operator of a
    32  redemption center and shall reimburse the distributor the  refund  value
    33  of  each  such  beverage container, as established by section 27-1005 of
    34  this title. In addition, the  deposit  initiator  shall  reimburse  such
    35  distributor  for  each  such  beverage container the handling fee estab-
    36  lished under subdivision six  of  this  section.  Without  limiting  the
    37  rights  of  the department or any person, firm or corporation under this
    38  subdivision or any other provision of this section, a distributor  shall
    39  have  a  civil  right  of action to enforce this subdivision, including,
    40  upon three days notice, the right to apply for temporary and preliminary
    41  injunctive relief against continuing violations, and until  arrangements
    42  for  collection  and return of empty containers or reimbursement of such
    43  distributor for such deposits and handling fees are made.
    44    8. It shall be the responsibility of the deposit initiator or distrib-
    45  utor to provide to a dealer or redemption center a sufficient number  of
    46  bags, cartons, or other suitable containers, at no cost, for the packag-
    47  ing,  handling  and  pickup  of  empty  beverage containers that are not
    48  redeemed through a  reverse  vending  machine.  The  bags,  cartons,  or
    49  containers must be provided by the deposit initiator or distributor on a
    50  schedule  that allows the dealer or redemption center sufficient time to
    51  sort the empty beverage containers prior  to  pick  up  by  the  deposit
    52  initiator or distributor. In addition:
    53    (a)  When picking up empty beverage containers, a deposit initiator or
    54  distributor shall not require a dealer  or  redemption  center  to  load
    55  their  own  bags,  cartons or containers onto or into the deposit initi-
    56  ator's or distributor's vehicle or vehicles  or  provide  the  staff  or

        A. 6353--A                          7
 
     1  equipment  needed  to  do  so.  However,  where  pallets or skids, bags,
     2  cartons or containers are readily movable only by means of a forklift or
     3  similar equipment, a deposit initiator  or  distributor  may  require  a
     4  dealer  or redemption center to move or load such items at no cost using
     5  a forklift or similar equipment belonging to the  dealer  or  redemption
     6  center  provided  that  such equipment and appropriate staff are readily
     7  available.
     8    (b) A  deposit  initiator  or  distributor  shall  not  require  empty
     9  containers  to be counted at a location other than the redemption center
    10  or dealer's place of business. The dealer  or  redemption  center  shall
    11  have the right to be present at the count. In the event of a discrepancy
    12  between  the  count  of the dealer or redemption center and the count of
    13  the deposit  initiator  or  distributor  for  containers  not  processed
    14  through  a  reverse  vending  machine all such empty containers shall be
    15  retained and a re-count may be requested. The re-count may be held at  a
    16  location  other than the redemption center or dealer's place of business
    17  only if the dealer or redemption center agrees and is present.
    18    (c) A deposit initiator or distributor shall pick  up  empty  beverage
    19  containers  from  the dealer or redemption center in a timely manner and
    20  at reasonable times [and intervals] as  determined  in  rules  or  regu-
    21  lations  promulgated  by  the  department no later than April first, two
    22  thousand twenty-six.
    23    9. No person shall return or assist another to return to a  dealer  or
    24  redemption  center  an  empty beverage container for its refund value if
    25  such container had previously been accepted for redemption by a  dealer,
    26  redemption center, or deposit initiator who initiates deposits on bever-
    27  age containers of the same brand.
    28    10.  A  redeemer,  dealer,  distributor or redemption center shall not
    29  knowingly redeem an empty beverage container  on  which  a  deposit  was
    30  never paid in New York state.
    31    11.  Notwithstanding  the  provisions  of  subdivision  two of section
    32  27-1009 of this title, a deposit initiator or distributor  shall  accept
    33  and  redeem beverage containers as provided in this title, if the dealer
    34  or operator of a redemption center shall  have  accepted  and  paid  the
    35  refund value of such beverage containers.
    36    12. No person shall intentionally program, tamper with, render inaccu-
    37  rate, or circumvent the proper operation of a reverse vending machine to
    38  wrongfully  elicit  deposit  monies  when  no valid, redeemable beverage
    39  container has been placed in and properly processed by the reverse vend-
    40  ing machine.
    41    13. The department and the department  of  taxation  and  finance  are
    42  authorized to audit any reverse vending machine.
    43    14.  Notwithstanding  any provision of this section to the contrary, a
    44  dealer shall not be required to accept from a redeemer any empty  bever-
    45  age  container  at  a  farmers'  market  as  such term is defined by the
    46  department of agriculture and markets.
    47    § 5. Subdivision 1 of section 27-1011 of the  environmental  conserva-
    48  tion law is amended by adding a new paragraph c to read as follows:
    49    c. Each beverage container sold or offered for sale in this state that
    50  has  a  refund  value pursuant to paragraph a of this subdivision, shall
    51  include a universal product code and barcode printed on the  label  that
    52  is  readable  by reverse vending machine or alternative technology. Each
    53  deposit initiator shall provide such universal product code and  barcode
    54  and  ownership and packaging information of any such beverage container,
    55  to the department not less than forty-five days prior  to  such  product
    56  being offered for sale in the state. The department shall, not more than

        A. 6353--A                          8
 
     1  thirty  days  after  receipt  of such information, make this information
     2  readily available to any  redemption  center,  reverse  vending  machine
     3  system  operator, deposit initiator-authorized contracted agents, or any
     4  other appropriate stakeholder approved by the department.
     5    § 6. Paragraph (b) of subdivision 3 of section 27-1011 of the environ-
     6  mental  conservation law, as added by section 1 of part PP of chapter 58
     7  of the laws of 2018, is amended and a new subdivision 4 is added to read
     8  as follows:
     9    (b) comply with [minimum post-consumer recycled material content  and]
    10  hole diameter limitations as defined in rules and regulations promulgat-
    11  ed   by   the  department  no  later  than  April  first,  two  thousand
    12  twenty-five, and is recyclable  and  indicates  a  resin  identification
    13  code.
    14    4.  Each  distributor  is  required  to meet the following performance
    15  requirements: (a) Beginning April first, two thousand thirty,  at  least
    16  twenty-five  percent of all beverage containers sold by each distributor
    17  in the state shall be refillable containers that are part  of  a  return
    18  and  reusable  system. Each distributor shall work with dealers, reverse
    19  vending machine owners, and  redemption centers to ensure that  refilla-
    20  ble  beverage  containers  sold  by  the distributor achieve at least an
    21  eighty percent return rate.
    22    (b) (i) Beginning April first, two thousand twenty-five, all distribu-
    23  tors of non-refillable beverage containers shall  report  the  recycling
    24  rate, by material type, of redeemed containers to the department.
    25    (ii)  Beginning April first, two thousand twenty-six, at least seventy
    26  percent of the redeemed beverage container material shall be recycled.
    27    (iii) Beginning April  first,  two  thousand  twenty-eight,  at  least
    28  eighty  percent  of  the  redeemed  beverage container material shall be
    29  recycled.
    30    (iv) Beginning April first,  two  thousand  thirty,  at  least  ninety
    31  percent  of the redeemed beverage container material, including beverage
    32  container caps, lids, and other rigid sealers, shall be recycled.
    33    § 7.   Subdivision   5   of   section   27-1012 of  the  environmental
    34  conservation law, as amended by section 2 of part JJ of  chapter  58  of
    35  the laws of 2017, is amended to read as follows:
    36    5.  All moneys collected or received by the department of taxation and
    37  finance pursuant to this title shall be deposited to the credit  of  the
    38  comptroller  with such responsible banks, banking houses or trust compa-
    39  nies as may be designated by the comptroller.  Such  deposits  shall  be
    40  kept  separate  and apart from all other moneys in the possession of the
    41  comptroller. The comptroller shall require adequate  security  from  all
    42  such depositories. Of the total revenue collected, the comptroller shall
    43  retain the amount determined by the commissioner of taxation and finance
    44  to  be  necessary  for refunds out of which the comptroller must pay any
    45  refunds to which a deposit initiator may be entitled.  Of  the   revenue
    46  remaining  following  payments  of  any  refunds,  the comptroller shall
    47  retain an amount equal to five percent of the total  for   the  beverage
    48  container  assistance program established pursuant to section 27-1018 of
    49  this title. After reserving the amount to pay refunds,  the  comptroller
    50  must, by the tenth day of each month, pay into the state treasury to the
    51  credit  of the general fund the revenue deposited under this subdivision
    52  during the preceding calendar month and remaining to  the  comptroller's
    53  credit on the last day of that preceding month; provided, however, that,
    54  beginning  April first, two thousand thirteen, nineteen million dollars,
    55  and all fiscal years thereafter, twenty-three million dollars  plus  all
    56  funds received from the payments due each fiscal year pursuant to subdi-

        A. 6353--A                          9
 
     1  vision  four  of  this  section  in  excess of the greater of the amount
     2  received from April first, two thousand  twelve  through  March  thirty-
     3  first,  two  thousand  thirteen  or  one  hundred twenty-two million two
     4  hundred  thousand dollars, shall be deposited to the credit of the envi-
     5  ronmental protection fund established pursuant to  section  ninety-two-s
     6  of the state finance law.
     7    §  8.  Paragraph c of subdivision 3 of section 27-1012 of the environ-
     8  mental conservation law, as added by section 8 of part SS of chapter  59
     9  of  the  laws  of  2009, is amended and a new subdivision 13 is added to
    10  read as follows:
    11    c. all withdrawals from the refund value account during such  quarter,
    12  including  all  reimbursements  paid pursuant to subdivision two of this
    13  section, all service charges on the account, provided that such  service
    14  charges do not exceed the maximum amount authorized by the commissioner,
    15  and all payments made pursuant to subdivision four of this section; and
    16    13.  Annually  the  department, in consultation with the department of
    17  taxation and finance, shall use  available  information  to  produce  an
    18  annual  report  at a minimum containing information on redemption rates,
    19  container material types by percent usage, refillable  container  usage,
    20  fraud  and  enforcement  actions,  an  analysis  of the handling fee and
    21  consumer price index, and information  on  how  this  program  helps  to
    22  achieve  the targets of chapter one hundred six of the laws of two thou-
    23  sand nineteen.  Such report shall be shared  with  the  legislature  and
    24  posted publicly on the department's website.
    25    §  9.  Paragraph a of subdivision 4 of section 27-1012 of the environ-
    26  mental conservation law, as added by section 8 of part SS of chapter  59
    27  of the  laws of 2009, is amended to read as follows:
    28    a.  Quarterly  payments.  An  amount  equal  to  eighty percent of the
    29  balance outstanding in the refund value account at  the  close  of  each
    30  quarter shall be paid to the commissioner of taxation and finance at the
    31  time  the  report  provided  for in subdivision three of this section is
    32  required to be filed. The  commissioner  of  taxation  and  finance  may
    33  require  that  the payments be made electronically. The remaining twenty
    34  percent of the balance outstanding at the close of each quarter shall be
    35  the monies of the deposit initiator  and  may  be  withdrawn  from  such
    36  account  by  the  deposit  initiator.   However, a deposit initiator who
    37  initiates deposits on refillable beverage containers which are part of a
    38  return and reusable system may be entitled to pay  an  amount  equal  to
    39  seventy-five  percent  of  the  balance  outstanding in the refund value
    40  account specifically attributable to refillable beverage  containers  at
    41  the close of each quarter to the commissioner of taxation and finance at
    42  the time the report provided for in subdivision three of this section is
    43  required  to    be  filed.  The department shall promulgate rules on the
    44  eligibility of deposit initiators for such refillable beverage container
    45  bonus. If the provisions of this section with respect  to  such  account
    46  have  not  been fully complied with, each deposit initiator shall pay to
    47  such commissioner at such time, in lieu of the amount described  in  the
    48  preceding sentence, an amount equal to the balance which would have been
    49  outstanding  on  such date had such provisions been fully complied with.
    50  The commissioner of taxation and finance may require that  the  payments
    51  be made electronically.
    52    §  10. Paragraph a of subdivision 7 of section 27-1012 of the environ-
    53  mental conservation law, as amended by section 8 of part SS  of  chapter
    54  59 of the laws of 2009, is amended to read as follows:
    55    a. Any person who is a deposit initiator under this title before April
    56  first, two thousand nine, must apply by June first, two thousand nine to

        A. 6353--A                         10
 
     1  the  commissioner  of taxation and finance for registration as a deposit
     2  initiator. Any person who becomes a deposit initiator on or after  April
     3  first,  two thousand nine shall apply for registration prior to collect-
     4  ing  any deposits as such a deposit initiator. Such application shall be
     5  in a form prescribed by the commissioner of  taxation  and  finance  and
     6  shall  require such information deemed to be necessary for proper admin-
     7  istration of this title. The commissioner of taxation  and  finance  may
     8  require  that  applications for registration must be submitted electron-
     9  ically. The commissioner of taxation and  finance  shall  electronically
    10  issue  a deposit initiator registration certificate in a form prescribed
    11  by the commissioner of taxation  and  finance  within  fifteen  days  of
    12  receipt  of  such  application or may take an additional ten days if the
    13  commissioner of taxation and finance deems it necessary to consult  with
    14  the  commissioner before issuing such registration certificate. A regis-
    15  tration certificate issued pursuant to this subdivision  may  be  issued
    16  for  a  specified term of not less than three years and shall be subject
    17  to renewal in accordance with procedures specified by  the  commissioner
    18  of  taxation and finance. The commissioner of taxation and finance shall
    19  furnish to the commissioner a complete list of registered deposit initi-
    20  ators and shall continually update such list as warranted.  The  commis-
    21  sioner shall share any information with the commissioner of taxation and
    22  finance  that  is  necessary for the administration of this subdivision.
    23  The commissioner shall publish the list of registered deposit initiators
    24  and their covered products, and a list of registered redemption  centers
    25  on the department's website.
    26    §  11.  Section  27-1014  of  the  environmental  conservation law, as
    27  amended by section 10 of part SS of chapter 59 of the laws of  2009,  is
    28  amended to read as follows:
    29  § 27-1014. Authority to promulgate rules and regulations.
    30    In  addition  to  the  authority  of  the commissioner, under sections
    31  27-1007, 27-1009 [and], 27-1011, 27-1012, 27-1013, and 27-1018  of  this
    32  title,  the  commissioner  shall  have the power to promulgate rules and
    33  regulations necessary and appropriate for  the  administration  of  this
    34  title.
    35    §  12. Section 27-1018 of the environmental conservation law, as added
    36  by section 13 of part SS of chapter 59 of the laws of 2009,  is  amended
    37  to read as follows:
    38  § 27-1018. Beverage container assistance program.
    39    Notwithstanding any other provision of law to the contrary, within the
    40  amounts retained by the comptroller for use under the beverage container
    41  assistance  program  pursuant  to subdivision five of section 27-1012 of
    42  this  title,  and  within  the  limits  of  appropriations therefor, the
    43  commissioner shall make state  assistance  payments  to  municipalities,
    44  qualifying small businesses, and not-for-profit organizations located in
    45  the  state,  upon  application, for the cost and installation of reverse
    46  vending machines located or to be  located  in  the  state.  Such  state
    47  assistance  payments  shall  not  exceed  fifty  percent of the costs of
    48  equipment, [and/or the acquisition] installation  and/or  rehabilitation
    49  of  real  property  or  structures located or to be located in the state
    50  related to the collecting, sorting,  and  packaging  of  empty  beverage
    51  containers  subject  to the provisions of this title. [Such payments may
    52  include costs  related  to  the  establishment  of  redemption  centers,
    53  including  mobile redemption centers.] For the purposes of this section,
    54  municipalities and not-for-profit organizations shall have  the  meaning
    55  as  defined in section 54-0101 of this chapter and qualified small busi-
    56  nesses shall mean  a  dealer[,  distributor]  or  redemption  center  as

        A. 6353--A                         11

     1  defined in this title that employs less than fifty employees. Preference
     2  for  these funds shall be given to registered redemption centers that do
     3  not utilize any reverse vending machines.  Preference  for  these  funds
     4  shall  also be given to municipalities, not-for-profit organizations, or
     5  qualified small businesses that do  not  have  a  registered  redemption
     6  center within one mile.
     7    §  13. Subdivision 1 of section 27-1013 of the environmental conserva-
     8  tion law, as amended by section 7 of part F of chapter 58 of the laws of
     9  2013, is amended to read as follows:
    10    1. The commissioner is hereby empowered to promulgate rules and  regu-
    11  lations  governing  (a)  the  circumstances in which deposit initiators,
    12  dealers and distributors, individually or collectively, are required  to
    13  accept  the  return  of  empty  beverage  containers, including beverage
    14  containers processed through reverse vending machines and  make  payment
    15  therefor; (b) the sorting of the containers which a deposit initiator or
    16  distributor  may  require  of  dealers  and  redemption centers; (c) the
    17  collection of returned beverage  containers  by  deposit  initiators  or
    18  distributors, including the party to whom such expense is to be charged,
    19  the  frequency  of  such  pick ups, a process for safe pick ups, and the
    20  payment for refunds and handling fees thereon; (d) the right of  dealers
    21  to  restrict  or  limit the number of containers redeemed, the rules for
    22  redemption at the dealers' place of  business,  and  the  redemption  of
    23  containers  from  a beverage for which sales have been discontinued; (e)
    24  [to] the right of redemption centers to have  timely,  transparent,  and
    25  safe  pick ups and transparent verification of container counts; (f) the
    26  department shall issue registrations to persons, firms  or  corporations
    27  which  establish redemption centers, subject to applicable provisions of
    28  local and state laws, at which redeemers and dealers  may  return  empty
    29  beverage  containers  and  receive  payment  of the refund value of such
    30  beverage containers[. Such], subject to a review that  considers  safety
    31  and  accessibility,  and  shall  be renewed every ten years. As of April
    32  first, two thousand twenty-six, such such registrations shall be  issued
    33  at  [no  cost] the cost of one hundred fifty dollars. Should the depart-
    34  ment require [by] any additional regulations adopted  pursuant  to  this
    35  paragraph  [that  redemption  centers  must  obtain  a registration as a
    36  condition of operation,] any redemption center in business as of  [March
    37  first, two thousand thirteen] April first, two thousand twenty-five that
    38  previously  provided  the  department  with the notification information
    39  required by regulations in effect as of such date may continue to  oper-
    40  ate  as  if the department had issued such redemption center a registra-
    41  tion required by regulations adopted  under  this  paragraph;  provided,
    42  however,  that  such redemption center shall provide the department with
    43  any other information required by regulations adopted pursuant  to  this
    44  paragraph.    The  department  may,  after due notice and opportunity of
    45  hearing, pursuant to the provisions of section 71-1709 of this  chapter,
    46  deny  an application or revoke a registration. In determining whether or
    47  not to revoke a registration the commissioner shall at a  minimum,  take
    48  into  consideration  the  compliance  history  of a violator, good faith
    49  efforts of a violator to comply, any economic benefit from noncompliance
    50  and whether the violation was procedural in nature.  The  commissioner's
    51  determination  to revoke a registration is subject to review under arti-
    52  cle seventy-eight of the civil practice law and rules; [and (f)] (g) the
    53  operation of mobile redemption centers in order to ensure  that  to  the
    54  best extent practicable containers are not proffered for redemption to a
    55  deposit  initiator  or  distributor outside of the geographic area where
    56  such deposit initiator sells  containers  and  initiates  deposits;  (h)

        A. 6353--A                         12
 
     1  yearly  information  provided to the department from dealers and redemp-
     2  tion centers including number  of  containers  redeemed  and  any  other
     3  information  required  by  the  department;  and  (i) climate mitigation
     4  including  targets  within  chapter  one  hundred six of the laws of two
     5  thousand nineteen and recommendations on  improving  redeemed  container
     6  recycling rates.
     7    § 14.  Section 27-1005 of the environmental conservation law, as added
     8  by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
     9  read as follows:
    10  § 27-1005. Refund value.
    11    No  person  shall  sell or offer for sale a beverage container in this
    12  state unless the deposit on such  beverage  container  is  or  has  been
    13  collected  by  a  registered deposit initiator and unless such container
    14  has a refund value of not less than  five  cents,  and  beginning  April
    15  first,  two  thousand  twenty-six,  a  refund value of not less than ten
    16  cents, which is clearly indicated thereon as provided in section 27-1011
    17  of this title.
    18    § 15.  Section  27-1018  of  the  environmental  conservation  law  is
    19  REPEALED.
    20    §  16.  This  act  shall take effect April 1, 2025; provided, however,
    21  that section one of this act shall take effect April 1, 2026;  provided,
    22  further,  that  section two of this act shall take effect April 1, 2029;
    23  provided, further, that the  amendments  to  subdivision  6  of  section
    24  27-1007  of  the  environmental conservation law made by section four of
    25  this act shall take effect  immediately;  and  provided,  further,  that
    26  section  fifteen of this act shall take effect January 1, 2038, with any
    27  proceeds transferred to the environmental  protection  fund  established
    28  pursuant  to section 92-s of the state finance law. Effective immediate-
    29  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    30  necessary  for  the implementation of this act on its effective date are
    31  authorized to be made and completed on or before such effective date.
Go to top