Senate Bill S5505

2009-2010 Legislative Session

Relates to the effectiveness of the additional beverage containers to the environmental conservation law

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Jun 23, 2009	print number 5505a
Jun 23, 2009	amend (t) and recommit to finance
May 13, 2009	referred to finance

Bill Amendments

Original

A (Active)

2009-S5505 - Details

Current Committee:: Senate Finance
Laws Affected:: Amd Part SS §16, Chap 59 of 2009; amd §§27-1012 & 1003, En Con L

2009-S5505 - Summary

Relates to the effectiveness of the additional beverage containers to the environmental conservation law; relates to universal product codes and the definition of beverage.

2009-S5505 - Sponsor Memo

                                 BILL NUMBER:  S5505

 TITLE OF BILL :
An act 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
the effectiveness thereof; and to repeal certain provisions of the
environmental conservation law relating thereto


This bill will:

* delay the addition of bottled water to the State's "bottle bill;"
* repeal the requirement of a "New York Only" bar code on deposit
containers.

 SUMMARY OF PROVISIONS :
Section 1 delays the addition of bottled water to the Returnable
Beverage container Act to July 1, 2009.

§2. Repeals subdivision 12 of section 27-1012 of the Environmental
conservation Law (ECL) which contains the requirement that deposit
containers sold in New York state have a New York State specific
universal product.

§3. Provides the effective date.

 EXISTING LAW :

As passed in the budget and adopted by chapter 59 of the Laws of 2009,
all water soda and beer containers must have a New York deposit label
and a New York specific bar code on June 1, 2009.

 JUSTIFICATION :

Simply stated, there will be no bottled water legal for consumer
purchase at retail on shelves in New York State on June 1 because of
insufficient lead time to implement the changes in labeling the
product.  Typically product is in the pipeline from bottler to retail
for over 90 days. This was recognized by the legislature in 1983 where
implementation of the original deposit law was delayed by three months
to accommodate a sufficient lead in time. Less than one month is
clearly insufficient. July 1, 2009 should be sufficient to have all
water bottles properly labeled for sale in New York.

The New York specific universal product code (UPC or "bar code") is
simply unworkable at every level, whether it be the bottler, the
distributor/wholesaler or retailer. While the intention of eliminating
"transshipped" or out of state product sales in New York is laudable,
the additional costs to consumers associated with creating new labels,
"slotting," which essentially segregates New York product from all
others in inventory, and reprogramming all code readers at retail, far
outweigh the potential benefits.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
There will be some loss of revenue to the general fund due to the
delay in the addition of water bottles to the State's Returnable
container Act.

 EFFECTIVE DATE :
Immediate.

2009-S5505 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5505

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 13, 2009
                               ___________

Introduced by Sens. THOMPSON, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

AN  ACT  to  amend chapter 59 of the laws of 2009, amending the environ-
  mental conservation law and the economic development law  relating  to
  including  additional  beverage  containers, in relation to the effec-
  tiveness thereof; and to repeal certain  provisions  of  the  environ-
  mental conservation law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 16 of part SS of chapter 59 of the
laws of 2009,  amending  the  environmental  conservation  law  and  the
economic  development  law  relating  to  including  additional beverage
containers, is amended to read as follows:
  1. [sections] SECTION two [and] OF THIS ACT SHALL TAKE EFFECT JULY  1,
2009;
  1-A. SECTION three of this act shall take effect April 1, 2009;
  S  2. Subdivision 12 of section 27-1012 of the environmental conserva-
tion law is REPEALED.
  S 3. This act shall take effect immediately;  provided,  however  that
the  amendments to chapter 59 of the laws of 2009 made by section one of
this act shall be deemed to have been in full force and  effect  on  and
after April 1, 2009.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11886-01-9

co-Sponsors

2009-S5505A (ACTIVE) - Details

Current Committee:: Senate Finance
Laws Affected:: Amd Part SS §16, Chap 59 of 2009; amd §§27-1012 & 1003, En Con L

2009-S5505A (ACTIVE) - Summary

Relates to the effectiveness of the additional beverage containers to the environmental conservation law; relates to universal product codes and the definition of beverage.

2009-S5505A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5505A

 TITLE OF BILL :

An act 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
the effectiveness thereof; and to amend the environmental conservation
law, in relation to the universal product code and the definition of
beverage


 PURPOSE OF THE BILL :

This bill will:

* delay the addition of bottled water to the State's "Bottle Bill"
until October 1, 2009;
* eliminate the requirement of a "New York Only" bar code on deposit
containers; and
* Amend the definition of beverage to simplify the addition of water
to the State's "Bottle Bill."

 SUMMARY OF PROVISIONS :

Section 1 Amends subdivision 1 of section 16 of part SS of chapter 59

of the laws of 2009, amending the environmental conservation law and
the economic development law to delay the addition of bottled water to
the Returnable Beverage container Act to October 1, 2009.

§2. Amends subdivision 12 of section 27-1012 of the of the
Environmental Conservation Law (ECL) to eliminate the requirement that
deposit containers sold in New York State have a New York State
specific universal product code (UPC). The requirement that container
labels be registered and contain a UPC is extended from June 1st, 2009
to January 1st, 2010.

§3. Amends subdivision 1 of section 27-1003 of the environmental
conservation law, as amended by section 2 of part SS of chapter 59 of
the laws of 2009, to simplify the definition of beverage to eliminate
the reference to water to which a sugar has been added.

§4. Provides the effective date.

 EXISTING LAW :

As passed in the budget and adopted by chapter 59 of the Laws of 2009,
all water soda and beer containers must have a New York deposit label
and a New York specific bar code on October 1, 2009.

 JUSTIFICATION :

Simply stated, the expanded Bottle Bill has been delayed because of
insufficient lead time to implement the changes in labeling the
product. Typically product is in the pipeline from bottler to retail
for over 90 days. This was recognized by the legislature in 1983 where
implementation of the original deposit law was delayed by three months
to accommodate a sufficient lead in time. Less than one month is
clearly insufficient. July 1, 2009 should be sufficient to have all
water bottles properly labeled for sale in New York.

The New York specific universal product code (UPC or "bar code") is
simply unworkable at every level, whether it be the bottler, the
distributor wholesaler or retailer. While the intention of eliminating
"transshipped" or out of state product sales in New York is laudable,
the additional costs to consumers associated with creating new labels,
"slotting," which essentially segregates New York product from all
others in inventory, and reprogramming all code readers at retail, far
outweigh the potential benefits.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

There will be some loss of revenue to the general fund due to the
delay in the addition of water bottles to the State's Returnable
container Act.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however that the
amendments to chapter 59 of the laws of 2009 made by section one of
this act shall be deemed to have been in full force and effect on and
after April 1, 2009.

2009-S5505A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5505--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 13, 2009
                               ___________

Introduced by Sens. THOMPSON, KRUEGER -- read twice and ordered printed,
  and  when  printed  to  be  committed  to  the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend chapter 59 of the laws of 2009, amending the environ-
  mental conservation law and the economic development law  relating  to
  including  additional  beverage  containers, in relation to the effec-
  tiveness thereof; and to amend the environmental conservation law,  in
  relation to the universal product code and the definition of beverage

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 16 of part SS of chapter 59 of the
laws of 2009,  amending  the  environmental  conservation  law  and  the
economic  development  law  relating  to  including  additional beverage
containers, is amended to read as follows:
  1. [sections] SECTION two [and] OF THIS ACT SHALL TAKE EFFECT  OCTOBER
1, 2009;
  1-A. SECTION three of this act shall take effect April 1, 2009;
  S  2. Subdivision 12 of section 27-1012 of the environmental conserva-
tion law, as added by section 8 of part SS of chapter 59 of the laws  of
2009, is amended to read as follows:
  12.  Beginning  on  [June] JANUARY first, two thousand [nine] TEN each
deposit initiator shall register the container  label  of  any  beverage
offered  for sale in the state on which it initiates a deposit. Any such
registered container label shall bear a universal  product  code.  [Such
universal  product  code  shall  be New York state specific, in order to
identify the beverage container as offered for sale exclusively  in  New
York  state, and as a means of preventing illegal redemption of beverage
containers purchased out-of-state.] Registration must  be  on  forms  as
prescribed by the department and must include the universal product code
for each combination of beverage and container manufactured. The commis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11886-02-9

S. 5505--A                          2

sioner  may require that such forms be filed electronically. The deposit
initiator shall renew  a  label  registration  whenever  that  label  is
revised by altering the universal product code or whenever the container
on which it appears is changed in size, composition or glass color.
  S  3.  Subdivision 1 of section 27-1003 of the environmental conserva-
tion law, as amended by section 2 of part SS of chapter 59 of  the  laws
of 2009, is amended to read as follows:
  1.  "Beverage"  means  carbonated soft drinks, water, beer, other malt
beverages and a wine product as defined in subdivision  thirty-six-a  of
section  three  of  the alcoholic beverage control law. "Malt beverages"
means any beverage obtained by the alcoholic fermentation or infusion or
decoction of barley, malt, hops, or other wholesome grain or cereal  and
water  including,  but not limited to ale, stout or malt liquor. "Water"
means any beverage identified through  the  use  of  letters,  words  or
symbols  on its product label as a type of water, including any flavored
water or nutritionally enhanced water[, provided, however, that  "water"
does  not  include any beverage identified as a type of water to which a
sugar has been added].
  S 4. This act shall take effect immediately;  provided,  however  that
the  amendments to chapter 59 of the laws of 2009 made by section one of
this act shall be deemed to have been in full force and  effect  on  and
after April 1, 2009.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S5505

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

2009-S5505 - Details

2009-S5505 - Summary

2009-S5505 - Sponsor Memo

2009-S5505 - Bill Text download pdf

co-Sponsors

2009-S5505A (ACTIVE) - Details

2009-S5505A (ACTIVE) - Summary

2009-S5505A (ACTIVE) - Sponsor Memo

2009-S5505A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S5505

Senate Bill S5505

Share this bill

Sponsored By

Antoine M. Thompson

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

2009-S5505 - Details

2009-S5505 - Summary

2009-S5505 - Sponsor Memo

2009-S5505 - Bill Text download pdf

co-Sponsors

Liz Krueger

2009-S5505A (ACTIVE) - Details

2009-S5505A (ACTIVE) - Summary

2009-S5505A (ACTIVE) - Sponsor Memo

2009-S5505A (ACTIVE) - Bill Text download pdf

Comments