NY State Senate Bill 2009-S5647

Archive: Last Bill Status - In Senate Committee Finance Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
May 26, 2009	referred to finance

2009-S5647 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Amd Part SS §16, Chap 59 of 2009; amd §§27-1007, 27-1011 & 27-1012, rpld §27-1012 sub 12, En Con L

2009-S5647 (ACTIVE) - Summary

Relates to returnable beverage containers.

2009-S5647 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5647

 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 as returnable
containers, in relation to the effectiveness of certain provisions
thereof; to amend the environmental conservation law, in relation to
returnable beverage containers; and to repeal certain provisions of
the environmental conservation law relating thereto


 PURPOSE OF THE BILL :

The purpose of this bill is to make amendments to the New York State
Returnable Container Act (Returnable Container Act) as amended b y
Chapter 59 of the Laws of 2009 (Chapter 59), to facilitate effective
administration of the amended Returnable Container Act.

 SUMMARY OF PROVISIONS :

Section 1 of this bill would amend Section 16 of Part SS of Chapter 59
to extend, from June 1, 2009 to July 1, 2009, the effective date
applicable to the provisions of Section 8 of Part SS of Chapter 59
related to the collection of deposits, filing of reports and the
making of withdrawals and payments for deposits on new beverage

containers, and to clarify that a person shall not be considered a
deposit initiator for new beverage containers until July 1, 2009.

Section 2 of this bill would amend Environmental Conservation Law
(ECL) § 27-1007(1), (4) and (6), and the opening paragraph of ECL § 2
7-1007(2), to: (1) reduce, from 60 days to 30 days, the length of time
for which legal scrip received for redeemed beverage container s may
be exchanged; (2) add a process through which a dealer may apply for,
and the Department of Environmental Conservation may approve, a waiver
of the on-premises requirements for reverse vending machines (RVMs)
applicable to certain businesses; (3) maintain the current handling
fee for beverage containers at 2 cents until October 1, 2009, and
thereafter provide for a handling fee of 3.5 cents for redemption
centers, dealers licensed pursuant to section 53 of the Alcohol
Beverage Control Law and other dealers whose place of business is less
than 10,000 square feet, and 2.5 cents for dealers whose place of
business is 10,000 square feet or more; and (4) make technical
corrections to Chapter 59 and the Returnable Container Act as amended
by Chapter 59.

Section 3 of this bill would amend ECL § 27-1011 (1) to require that
every beverage container sold in the State bear a universal product
code (UPC) beginning October 1, 2009, and to permit the use of
embossed or printed labels until October 1, 2009 for private label
beverage containers.

Section 4 of this bill would repeal ECL § 27-1012(12), which requires
a New York State specific UPC.

Section 5 of this bill would amend ECL § 27-1012(7)(a) to clarify when
various deposit initiators must register with the Department of
Taxation and Finance, and to extend by one month the date by which
deposit initiators of new beverage containers must register.

Section 6 of this bill provides that the bill would take effect
immediately, provided that the amendments to Chapter 59 made by
Section 1 of this bill and to ECL .. 27-1011 and 271012 by Sections 3
and 5 of this bill shall be deemed to have been in full force and
effect on and after April 1, 2009; and that the amendments to ECL §
27-1007 made by Section 2 of this bill would take effect on the same
date and in the same manner as Section 4 of Part SS of Chapter 59, as
amended, takes effect.

 EXISTING LAW :

Title 10 of Article 27 of the ECL contains the Returnable Container
Act, as amended by Chapter 59.

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

The Returnable Container Act was amended earlier this year by Chapter
59 to add water bottles to the list of beverage containers which must
have a five-cent redemption value, and to make a number of other
programmatic changes to the underlying beverage container recycling
program.

This bill would make a variety of amendments to Chapter 59 and the
amended Returnable Container Act for the purpose of facilitating more
effective implementation of the amended Returnable Container Act.  For
example, this bill would:

* Provide one additional month for bottlers to come into compliance
with the revised law, in particular as relates to the labeling of
specified water products.1
* Repeal the requirement for a New York State-specific UPC code, which
many bottlers have asserted will create production, distribution and
storage challenges.
* Establish a waiver process from the requirements of the bill
specifying the number of RVMs that relatively large businesses must
have on premises, to ensure that businesses that sell small amounts of
covered beverages, or use very efficient RVMs, are not unreasonably
burdened by the RVM requirement.
* Limit the opportunity for fraud, by providing for expiration after
30 days of scrip received in exchange for the redeemed beverage
containers.
* As of October 1, 2009, implement a bifurcated handling fee structure
which provides for increased handling fees for beverage containers.

Finally, this bill would make a number of technical corrections to the
Returnable Container Act as amended by Chapter 59.

 BUDGET IMPLICATIONS :

This bill may reduce the amount of funds that would otherwise
be·available to the State from the collection of unclaimed deposits on
water bottles.

 EFFECTIVE DATE :
This bill would take effect immediately, provided, however, the
amendments to Chapter 59 made by Section 1 of this bill and to ECL § §
27-1011 and 27-1012 by Sections 3 and 5 of this bill are be deemed to
have been in full force and effect on and after April 1, 2009; and the
amendments to ECL § 27-1007 made by Section 2 of this bill would take
effect on the same date and in the same manner as Sect ion 4 of Part
SS of Chapter 59, as amended, takes effect.
1 This bill preserves the exemption from the Returnable Container Act
for water beverages containing sugar.  This exemption was created to
mitigate impacts from vermin which are attracted to sugar residues in
returned beverage containers while such containers are stored at
retail businesses and elsewhere.

2009-S5647 (ACTIVE) - Bill Text download pdf

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

                                  5647

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 26, 2009
                               ___________

Introduced  by Sen. KRUGER -- (at request of the Governor) -- 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 as returnable containers,  in
  relation  to the effectiveness of certain provisions thereof; to amend
  the environmental conservation law, in relation to returnable beverage
  containers; and to repeal  certain  provisions  of  the  environmental
  conservation law relating thereto

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

  Section 1. 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 as returnable
containers, is amended to read as follows:
  S 16. This act shall take effect immediately, provided however, that:
  1. sections two and three of this act shall take effect April 1, 2009;
  2. sections four, five, six, seven, nine, and eleven of this act shall
take effect June 1, 2009; and
  3. section eight of this act shall take effect on April 1, 2009 except
that the requirements to make deposits,  file  reports  and  make  with-
drawals  and payments under section 27-1012 of the environmental conser-
vation law, as added by section eight  of  this  act,  with  respect  to
containers  defined as beverage containers prior to April 1, 2009, shall
first apply to the period beginning on April 15, 2009 and ending May 31,
2009, and with respect to all  other  beverage  containers  shall  first
apply  to  the period beginning on [June] JULY 1, 2009 and ending August
31, 2009, provided that such  other  beverage  containers  will  not  be
required to have a refund value as required under section 27-1005 of the
environmental  conservation  law,  as added by section four of this act,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12058-06-9

S. 5647                             2

NOR SHALL A PERSON BE CONSIDERED A DEPOSIT INITIATOR FOR  SUCH  BEVERAGE
CONTAINERS until [June] JULY 1, 2009.  However, no refunds shall be paid
to  a  deposit  initiator  pursuant  to  paragraph b of subdivision 4 of
section  27-1012  of  the  environmental  conservation  law, as added by
section eight of this act prior to March 1, 2010.
  S 2. Subdivision 1, the opening paragraph of subdivision 2 and  subdi-
visions  4  and  6  of section 27-1007 of the environmental conservation
law, as added by section 4 of part SS of chapter 59 of the laws of 2009,
are amended to read as follows:
  1. (a) A dealer shall accept at his or her place of  business  from  a
redeemer  any  empty  beverage  containers  of  the design, shape, size,
color, composition and brand sold or offered for sale by the dealer, and
shall pay to the  redeemer  the  refund  value  of  each  such  beverage
container  as  established in section 27-1005 of this title. Redemptions
of refund value must be in legal tender, or a scrip or  receipt  from  a
reverse  vending  machine,  provided  that  the  scrip or receipt can be
exchanged for legal tender for a period of not less than [sixty]  THIRTY
days  without requiring the purchase of other goods. The use or presence
of a reverse vending machine shall not relieve a  dealer  of  any  obli-
gations imposed pursuant to this section. If a dealer utilizes a reverse
vending  machine  to redeem containers, the dealer shall provide redemp-
tion of beverage containers when the reverse vending  machine  is  full,
broken,  under  repair  or  does not accept a type of beverage container
sold or offered for sale by such dealer and may not limit the  hours  or
days  of  redemption  except  as  provided  by subdivision three of this
section.
  (b) Beginning March first, two thousand ten, a dealer whose  place  of
business  is  part of a chain engaged in the same general field of busi-
ness which operates ten or more units in this state under common  owner-
ship  and  whose  business  [exceeds]:    (i) IS AT LEAST forty thousand
square feet but is less than sixty thousand square  feet  shall  install
and  maintain  at  least  three reverse vending machines at the dealer's
place of business; (ii) IS AT LEAST sixty thousand square  feet  but  is
less than eighty-five thousand square feet shall install and maintain at
least  four  reverse vending machines at the dealer's place of business;
or (iii) IS AT LEAST eighty-five thousand square feet shall install  and
maintain  at  least eight reverse vending machines at the dealer's place
of business; provided, however, that the requirements of this  paragraph
to  install  and  maintain reverse vending machines shall not apply to a
dealer that sells only  [refrigerated]  beverage  containers  of  twenty
ounces  or  less  where each beverage container is sold as an individual
container that is not connected to or packaged with any  other  beverage
container.
  (c)  A  DEALER MAY APPLY FOR AND THE DEPARTMENT MAY GRANT AN EXEMPTION
IN WHOLE OR IN PART FROM THE REQUIREMENTS OF  SUBPARAGRAPHS  (I),  (II),
AND (III) OF PARAGRAPH (B) OF THIS SUBDIVISION.  AN APPLICATION FOR SUCH
AN  EXEMPTION SHALL BE ACCOMPANIED BY SUCH INFORMATION AS THE DEPARTMENT
REQUIRES AND MAY INCLUDE BUT NEED NOT BE LIMITED TO INFORMATION RELATING
TO THE APPLICANT'S RETAIL BEVERAGE SALES VOLUME, PATTERNS AND  RATES  OF
REDEMPTION,  AND  THE CAPACITY OF REVERSE VENDING MACHINES USED OR OTHER
FORM OF REDEMPTION TECHNOLOGY TO BE USED. EXEMPTIONS MAY BE LIMITED TO A
SPECIFIC TIME PERIOD, SUBJECT TO RENEWAL, AMENDMENT AND REVOCATION,  AND
MAY  INCLUDE  REPORTING  REQUIREMENTS  TO  ASSURE ADEQUATE MANAGEMENT OF
REDEEMED CONTAINERS.
  (D) A dealer to which paragraph (b) of this subdivision does not apply
and whose place of business is at least forty thousand square feet which

S. 5647                             3

does not utilize reverse vending  machines  to  process  empty  beverage
containers  for redemption shall: (i) establish and maintain a dedicated
area within such business to accept beverage containers for  redemption;
(ii)  adequately  staff such area to facilitate efficient acceptance and
processing of such containers during business hours; and (iii) post  one
or  more conspicuous signs conforming to the size and color requirements
described in subdivision two of this section at each public entrance  to
the  business  which describes where in the business the redemption area
is located. The commissioner may  establish  in  rules  and  regulations
additional standards for the efficient processing of beverage containers
by such dealers.
  [(d)] (E) For the purposes of this subdivision on any day that a deal-
er  is  open for less than twenty-four hours, the dealer may restrict or
refuse the payment of refund values during the first and last  hour  the
dealer is open for business.
  A  dealer  shall  post  a  conspicuous  sign, at the [point] POINTS of
[sale] REDEMPTION, that states:
  4. A deposit initiator OR DISTRIBUTOR shall accept from  a  dealer  or
operator  of  a  redemption  center  any empty beverage container of the
design, shape, size, color, composition and brand sold  or  offered  for
sale  by  the deposit initiator OR DISTRIBUTOR, and shall pay the dealer
or operator of a redemption center the refund value of each such  bever-
age container as established by section 27-1005 of this title. A deposit
initiator OR DISTRIBUTOR shall accept and redeem all such empty beverage
containers  from  a  dealer  or  redemption center without limitation on
quantity.
  6. In addition to the refund value of a beverage container  as  estab-
lished by section 27-1005 of this title, a deposit initiator OR DISTRIB-
UTOR shall pay to any dealer or operator of a redemption center a handl-
ing  fee  [of  three  and  one-half  cents]  for each beverage container
accepted by the deposit initiator OR DISTRIBUTOR  from  such  dealer  or
operator  of  a redemption center.  Payment of the handling fee shall be
as compensation for collecting, sorting and packaging of empty  beverage
containers for transport back to the deposit initiator OR DISTRIBUTOR or
its  designee.   PRIOR TO OCTOBER FIRST, TWO THOUSAND NINE, THE HANDLING
FEE SHALL BE TWO CENTS. ON AND AFTER OCTOBER FIRST, TWO  THOUSAND  NINE,
THE HANDLING FEE SHALL BE PAYABLE IN THE FOLLOWING AMOUNTS:
  (A)  TO  AN OPERATOR OF A REDEMPTION CENTER WHO IS NOT A DEALER: THREE
AND ONE-HALF CENTS  FOR  EACH  BEVERAGE  CONTAINER  ACCEPTED  FROM  SUCH
REDEMPTION CENTER;
  (B)  TO  A DEALER WHO IS A LICENSEE PURSUANT TO SECTION FIFTY-THREE OF
THE ALCOHOLIC BEVERAGE CONTROL LAW: THREE AND ONE-HALF  CENTS  FOR  EACH
BEVERAGE CONTAINER ACCEPTED FROM SUCH DEALER;
  (C)  TO  A  DEALER  OTHER  THAN ONE DESCRIBED IN PARAGRAPH (B) OF THIS
SUBDIVISION WHOSE PLACE OF BUSINESS IS LESS  THAN  TEN  THOUSAND  SQUARE
FEET: THREE AND ONE-HALF CENTS FOR EACH BEVERAGE CONTAINER ACCEPTED FROM
SUCH PLACE OF BUSINESS;
  (D)  TO  A  DEALER  OTHER  THAN ONE DESCRIBED IN PARAGRAPH (B) OF THIS
SUBDIVISION WHOSE PLACE OF BUSINESS  IS  TEN  THOUSAND  SQUARE  FEET  OR
GREATER:  TWO  AND  ONE-HALF  CENTS FOR EACH BEVERAGE CONTAINER ACCEPTED
FROM SUCH PLACE OF BUSINESS.
A DEALER SHALL DISCLOSE THE SQUARE FOOTAGE OF ITS PLACE OF BUSINESS UPON
THE REQUEST OF A DEPOSIT INITIATOR, A DISTRIBUTOR,  OR  THE  DEPARTMENT.
Payment  of  the  handling fee may not be conditioned on the purchase of
any goods or services, nor may such payment be made out  of  the  refund
value  account  established pursuant to section 27-1012 of this title. A

S. 5647                             4

distributor who does  not  initiate  deposits  on  a  type  of  beverage
container  is  considered  a  dealer only for the purpose of receiving a
handling fee from a deposit initiator.
  S  3.  Subdivision 1 of section 27-1011 of the environmental conserva-
tion law, as amended by chapter 149 of the laws of 1983, is  amended  to
read as follows:
  1.  a. Every beverage container sold or offered for sale in this state
by a DEPOSIT INITIATOR, distributor or dealer shall clearly indicate  by
permanently marking or embossing the container or by printing as part of
the  product  label the refund value of the container and the words "New
York" or the letters "NY"; provided, however, [in the case  of]  private
label  beverages SHALL COMPLY WITH THIS LABELING REQUIREMENT BY NO LATER
THAN OCTOBER FIRST, TWO THOUSAND NINE; UNTIL SUCH TIME such  information
may  be  embossed or printed on a label which is securely or permanently
affixed to the beverage container.  Private  label  beverages  shall  be
defined as beverages purchased from a [beverage manufacturer] BOTTLER in
beverage containers bearing a brand name or trademark for sale at retail
directly  by  the  owner or licensee of such brand name or trademark; or
through retail dealers affiliated with such owner or licensee by a coop-
erative or franchise agreement.
  b. Such embossing or permanent imprinting on  the  beverage  container
shall  be  the  responsibility  of the person, firm or corporation which
bottles, cans or otherwise fills or packages a beverage container  or  a
brand  owner  for  whose  exclusive  account private label beverages are
bottled, canned or otherwise packaged; provided, however, that the  duly
authorized  agent  of  any such person, firm or corporation may indicate
such refund value by a label securely affixed on any beverage  container
containing beverages imported into the United States.
  C. BEGINNING OCTOBER FIRST, TWO THOUSAND NINE, EVERY BEVERAGE CONTAIN-
ER  SOLD  OR  OFFERED  FOR  SALE  IN  THIS STATE BY A DEPOSIT INITIATOR,
DISTRIBUTOR OR DEALER SHALL, IN ADDITION TO THE  REQUIREMENTS  OF  PARA-
GRAPHS A AND B OF THIS SUBDIVISION, ALSO BEAR A UNIVERSAL PRODUCT CODE.
  S  4. Subdivision 12 of section 27-1012 of the environmental conserva-
tion law is REPEALED.
  S 5. Paragraph a of subdivision 7 of section 27-1012 of  the  environ-
mental  conservation law, as added by section 8 of part SS of chapter 59
of the laws of 2009, is amended to read as follows:
  a. [Any person who is a deposit  initiator  under  this  title  before
April  first,  two thousand nine, must apply by June first, two thousand
nine to the commissioner of taxation and finance for registration  as  a
deposit  initiator.  Any  person  who  becomes a deposit initiator on or
after April first, two thousand nine shall apply for registration  prior
to collecting any deposits as such a deposit initiator.] ANY PERSON WHO,
PRIOR  TO  JUNE  FIRST,  TWO  THOUSAND NINE, IS A DEPOSIT INITIATOR WITH
RESPECT TO CONTAINERS DEFINED AS BEVERAGE CONTAINERS BEFORE APRIL FIRST,
TWO THOUSAND NINE, MUST APPLY BY JUNE FIRST, TWO THOUSAND  NINE  TO  THE
COMMISSIONER  OF  TAXATION  AND  FINANCE  FOR  REGISTRATION AS A DEPOSIT
INITIATOR. ANY PERSON WHO BECOMES A DEPOSIT INITIATOR ON OR  AFTER  JUNE
FIRST,  TWO THOUSAND NINE WITH RESPECT TO CONTAINERS DEFINED AS BEVERAGE
CONTAINERS PRIOR TO APRIL FIRST,  TWO  THOUSAND  NINE  SHALL  APPLY  FOR
REGISTRATION  PRIOR  TO COLLECTING ANY DEPOSITS AS SUCH A DEPOSIT INITI-
ATOR. ANY PERSON  WHO  BECOMES  A  DEPOSIT  INITIATOR  WITH  RESPECT  TO
CONTAINERS FIRST DEFINED AS BEVERAGE CONTAINERS ON OR AFTER APRIL FIRST,
TWO  THOUSAND  NINE  SHALL  APPLY  FOR REGISTRATION BY THE LATER OF JULY
FIRST, TWO THOUSAND NINE OR PRIOR TO COLLECTING ANY DEPOSITS AS  SUCH  A
DEPOSIT INITIATOR. Such application shall be in a form prescribed by the

S. 5647                             5

commissioner  of taxation and finance and shall require such information
deemed to be necessary for proper  administration  of  this  title.  The
commissioner  of  taxation and finance may require that applications for
registration must be submitted electronically. The commissioner of taxa-
tion  and  finance shall electronically issue a deposit initiator regis-
tration certificate in a form prescribed by the commissioner of taxation
and finance within fifteen days of receipt of such  application  or  may
take  an additional ten days if the commissioner of taxation and finance
deems it necessary to consult with the commissioner before issuing  such
registration  certificate. A registration certificate issued pursuant to
this subdivision may be issued for a specified term  of  not  less  than
three  years  and  shall be subject to renewal in accordance with proce-
dures specified by the commissioner of taxation and finance. The commis-
sioner of taxation and finance  shall  furnish  to  the  commissioner  a
complete  list  of  registered  deposit initiators and shall continually
update such list as warranted. The commissioner shall share any informa-
tion with the commissioner of taxation and finance that is necessary for
the administration of this subdivision.
  S 6. This act shall take effect immediately; provided, however that:
  (a) the amendments to chapter 59 of the laws of 2009 made  by  section
one  of this act and the amendments made to sections 27-1011 and 27-1012
of the environmental conservation law by sections three and five of this
act shall be deemed to have been in full force and effect on  and  after
April 1, 2009; and
  (b)  the  amendments to section 27-1007 of the environmental conserva-
tion law made by section two of this act shall take effect on  the  same
date and in the same manner as section 4 of part SS of chapter 59 of the
laws of 2009, as amended, takes effect.

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Senate Bill S5647

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2009-S5647 (ACTIVE) - Details

2009-S5647 (ACTIVE) - Summary

2009-S5647 (ACTIVE) - Sponsor Memo

2009-S5647 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5647

Share this bill

Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Finance Committee

2009-S5647 (ACTIVE) - Details

2009-S5647 (ACTIVE) - Summary

2009-S5647 (ACTIVE) - Sponsor Memo

2009-S5647 (ACTIVE) - Bill Text download pdf

Comments