BILL NUMBER: S1356
TITLE OF BILL :
An act to amend the environmental conservation law and the state
finance law, in relation to returnable beverage containers; and to
repeal sections 27-1005 and 27-1007 and subdivision 2 of section
27-1011 of the environmental conservation law relating thereto
PURPOSE OR GENERAL IDEA OF BILL :
This bill would expand the bottle law to include: non-carbonated
flavored drinks and bottled waters, frozen or powdered concentrates,
fresh milk, milk substitutes, drinks which contain 70% or more natural
fruit or vegetable juices, and medicines not considered beverages.
Additionally the bill would increase the bottle deposit from five
cents to ten cents. On unclaimed deposits the state would retain five
cents and the deposit initiator five cents on beverage containers. The
money retained by the deposit initiator is to help cover the cost of
the handling fee on returned beverage containers. The handling fee
paid to the retailer would be increased from two cents to two and
The bill would provide that the State's share of the unclaimed
deposits would be deposited into the Environmental Protection Fund.
Finally, the bill would provide that the additional EPF monies be
distributed to municipalities according to population for any
municipal, non-hazardous landfill closure project, waste reduction or
recycling project, park project, historic preservation project,
heritage area project, or local waterfront revitalization project.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1. Amends the legislative findings of the 1982 New York state
returnable container act (RCA), section 27-1001 of the environmental
conservation law (ECL).
§ 2. Amends subdivision 1 of section 27-1003 of the ECL to include:
non-carbonated flavored drinks and bottled water to the definition of
beverage under the RCA. Excluded from this definition are: frozen or
powdered concentrates, fresh milk, milk substitutes, drinks which
contain seventy per cent or more of natural fruit or vegetable juices
§ 3. Adds five new subdivisions 12, 13, 14, 15 and 16 to section
27-1003 of the ECL to define: beverage manufacturer, refund value,
reverse vending machine, and third party agent.
§ 4. REPEALS sections 27-1005 and 27-1007 of the ECL and adds new
sections 27-1005 and 27-1007. Section 27-1005 provides that beverages
sold in New York State must have a refund value of not less than 10
cents and the refund value must be clearly indicated on the container.
Section 27-1007 articulates the process by which bottles are redeemed.
In addition, it places restrictions on the number of returnables that
may be returned in cities with a population of one million or more.
§ 5. Amends section 27-1009 of the ECL to replace the term distributor
with deposit initiator or' agent acting on behalf of a deposit
§ 6. REPEALS subdivision 2 of section 27-1011 of the ECL and
subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
§ 7. Amends section 27-1013 of the ECL to replace the term distributor
with deposit initiator or agent acting on behalf of a deposit
§ 8. Adds a new section 27-1012 to the ECL to establish a refund value
account, which is composed of the money the deposit initiators collect
for deposit, and establishes the account in trust for the state. This
section also sets up the rules and regulations regarding t,he account,
the account's maintenance, and penalties for those who fail to follow
§ 9. Amends section 92-s of the state finance law to add a new
unclaimed beverage container deposits state assistance to
municipalities account in the Environmental Protection Fund.
Additionally, the additional EPF monies would be distributed to
municipalities according to population for any municipal,
non-hazardous landfill closure project, waste reduction or recycling
project, park project, historic preservation. project, heritage area
project, or local waterfront revitalization project.
§ 10. Adds a new section 27-1016 to the EeL to deal with unclaimed
deposits on beverage containers. This section establishes that on
unclaimed deposits the state will retain five cents and the deposit
initiator five cents on beverage containers with a deposit of ten
cents. Furthermore, the commissioner of taxation and finance will
deposit up to $50 million into the EPF with any additional revenues to
be deposited into the General Fund.
§ 11. Adds new sections 27-1018 and 27-1019 to the ECL. Section
27-1018 provides that distributor maintain record of all deposits
initiated, redeemed, and all handling fees. Section 27-1019 insists a
report of beverage container deposit and redemption statistics on or
after October first of each year.
§ 12. Effective Date.
The success in cleaning up the environment of beverage containers that
has already been met should be sufficient reason to broaden the types
of containers which this law should regulate. On top of helping the
state better manage its solid waste by requiring a deposit on most
beverage containers, this bill increases the deposit, on beverage
Containers as an added incentive for Customers to return their bottles
for recycling. The current statute applies only to carbonated soft
drinks, mineral water, beer and wine coolers, Thus, the law does not
include bottled water, sports drinks, fruit juices, and other popular
beverages that are now being sold in far greater quantities than when
the returnable container law was first enacted. There is no
substantive basis for exempting these containers, and this bill
addresses this gap in the law by expanding the definition of
"beverage" to include such drinks. The bill retains the current
exemptions for milk, wine and liquor. This bill also retains the
money from those beverage containers which aren't redeemed. and allows
the deposit initiators to retain some of the unclaimed deposit money
to pay the 3 cent handling fee, thereby removing the burden of this
fee from the deposit initiators and ultimately from the cost the
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
There would be an annual increase of $50 million for local governments
for projects funded by the Environmental Protection Fund.
EFFECTIVE DATE :
January 1st following enactment.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.