NY State Senate Bill 2019-S7821

Archive: Last Bill Status - In Senate Committee Rules 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Mar 10, 2020	advanced to third reading
Mar 04, 2020	2nd report cal.
Mar 03, 2020	1st report cal.544
Feb 25, 2020	referred to environmental conservation

Votes

- Mar 3, 2020 - Environmental Conservation Committee Vote
  S7821
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Mar 3, 2020
      
      aye (9)
      
      Boyle
      
      Harckham
      
      Kaminsky
      
      Kavanagh
      
      Little
      
      May
      
      Metzger
      
      Salazar
      
      Serrano
      
      aye wr (2)
      
      LaValle
      
      O'Mara

co-Sponsors

2019-S7821 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1103
2023-2024: S3419

2019-S7821 (ACTIVE) - Summary

Establishes the bottle redemption fraud task force to provide the governor and the legislature with information on the fraud, enforcement, and reporting requirements related to the New York state returnable container act.

2019-S7821 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7821

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to establish the bottle redemption fraud task force; and provid-
ing for the repeal of such provisions upon the expiration thereof

 
PURPOSE:

This legislation will conduct a study to evaluate the fraud, enforce-
ment, and reporting requirements of the Returnable Container Act.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the "bottle redemption fraud task force".

Section 2: Establishes the task force members, determines the level of
compensation to members and explains how the task force will fill any
vacancies.

Section 3: Requires that the task force submit a report to the governor,
president pro temp of the senate, and the speaker of the assembly. This
report will encompass: a review of appropriate law, evaluate the need
for coordination between programs, review the fiscal impact of fraudu-
lent bottle redemptions including those caused by transhipping fraud,
evaluation of enforcement, and make recommendations for legislative,
regulatory, and enforcement policies to address fraudulent bottle
redemptions.

Section 4. Effective date.

 
JUSTIFICATION:

Since the implementation of the bottle redemption program, bad actors
have abused the system set up to promote recycling. Reports have stated
that every year, there are about $100 million in unclaimed deposits and
an estimated $200 million to $300 million a year in fraud. A majority of
this fraud is caused by trans-shipping practices, which is when bad
actors haul beverage containers from other states where no nickel depos-
it was collected in New York for the container. These fraudulently
redeemed beverages cause our environmental programs to be shortchanged.
However, even with these reports of fraud, the State has failed to prop-
erly address these issues. Further, if the state fails to address these
issues prior to the expansion of the returnable container act, the fraud
associated with the act will also expand.

These issues of fraud have made it clear for the need of a specific task
force to determine the impact of that fraud on the State has become
clear. By creating this task force, New York can specifically uncover
two important facts: one, how much money this fraud is costing New York
State; and two, whether organized criminal enterprises constitute a key
part of this fraud. This task force aims to accomplish set out proposals
to combat the threats to the Returnable Container Act by evaluating the
current laws for weaknesses and determining the fiscal impact that fraud
by bad actors has on the bottle redemption program. It will also allow
disparate agencies to begin to coordinate and work together to solve
this unchecked problem. The information gathered will better inform the

legislature on how to best reduce fraud and it will address overall
solid waste issues going forward.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7821 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7821
 
                             I N  S E N A T E
 
                             February 25, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to establish the bottle redemption fraud task force; and  provid-
   ing for the repeal of such provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The legislature hereby establishes  the  bottle  redemption
 fraud  task  force  (referred  to  hereinafter  as  the "task force") to
 conduct a comprehensive study of the fraud, enforcement,  and  reporting
 requirements related to the New York state returnable container act.
   §  2.  (a) Such task force shall consist of nine members that shall be
 appointed as follows:  the state attorney general or  his/her  designee;
 the  commissioner  of  the department of taxation and finance or his/her
 designee; the commissioner of the department of environmental  conserva-
 tion or his/her designee; the state comptroller or his/her designee; one
 member  shall  be appointed by the district attorneys association of the
 state of New York; one member shall be appointed by the temporary presi-
 dent of the senate and one member shall be appointed by the  speaker  of
 the  assembly,  one shall be an individual who represents a municipality
 and one shall be an individual who represents a deposit  initiator;  and
 two members shall be appointed by the governor.
   (b) The task force shall be chaired by the attorney general or his/her
 designee thereof.
   (c)  Members of the task force shall receive no compensation for their
 services but shall be reimbursed for their actual expenses  incurred  in
 the performance of their duties in the work of the task force.
   (d)  Appointed  members shall, to the greatest extent practicable have
 by education or experience, knowledge of organized retail theft.
   (e) The task force is authorized to audit any reverse vending machine.
   § 3. Appointments shall be made within 60 days of the  effective  date
 of  this act. Any vacancies in the membership of the task force shall be
 filled in the same manner provided for in the initial appointment.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14604-03-0

 S. 7821                             2
 
   § 4. The task force may  consult  with  any  organization,  government
 entity,  or  person,  in  the  development  of its report required under
 section five of this act.
   §  5.  On or before one year after the effective date of this act, the
 task force shall submit to the governor, the temporary president of  the
 senate  and  the  speaker  of  the assembly a report containing, but not
 limited to, the following information based on available data:
   (a) A review of laws and regulations  regarding  the  New  York  state
 returnable  container  act  and  relevant  civil  and criminal penalties
 related to the act;
   (b)  The  need  for  interagency  coordination  of  public  education,
 outreach, and prevention programs for retail stores, redemption centers,
 municipalities, and any other identified entities;
   (c) The fiscal impact of fraudulent bottle redemptions and deposits in
 the state of New York;
   (d)  The  status of current enforcement efforts and recommendations on
 what could be done to improve enforcement,  including  the  addition  of
 more employees;
   (e) A review of inter-state bottle redemption fraud, including, to the
 extent  practicable, information on the number of containers that origi-
 nate from out-of-state shipments and a review of the practice of redeem-
 ing beverage containers purchased out-of-state; and
   (f) Recommended legislative, regulatory and enforcement  solutions  to
 address  fraudulent  bottle redemptions and deposits, including, but not
 limited to, inter-state initiatives.
   § 6. This act shall take effect immediately and shall expire 24 months
 after it shall have become a law when upon such date the  provisions  of
 this act shall be deemed repealed.

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Senate Bill S7821

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Mar 3, 2020 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Mar 3, 2020

co-Sponsors

2019-S7821 (ACTIVE) - Details

2019-S7821 (ACTIVE) - Summary

2019-S7821 (ACTIVE) - Sponsor Memo

2019-S7821 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7821

Share this bill

Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Rachel May

2019-S7821 (ACTIVE) - Details

2019-S7821 (ACTIVE) - Summary

2019-S7821 (ACTIVE) - Sponsor Memo

2019-S7821 (ACTIVE) - Bill Text download pdf

Comments