NY State Senate Bill S1103

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

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.

Leave this field blank

Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2022	referred to environmental conservation delivered to assembly passed senate
Jan 12, 2022	advanced to third reading
Jan 11, 2022	2nd report cal.
Jan 10, 2022	1st report cal.73
Jan 05, 2022	referred to environmental conservation returned to senate died in assembly
Jun 09, 2021	referred to environmental conservation delivered to assembly passed senate
Feb 23, 2021	amended on third reading 1103a
Feb 08, 2021	advanced to third reading
Feb 03, 2021	2nd report cal.
Feb 02, 2021	1st report cal.239
Jan 06, 2021	referred to environmental conservation

Votes

view votes

Apr 25, 2022 - floor Vote

S1103A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 10, 2022 - Environmental Conservation committee Vote

S1103A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 9, 2021 - floor Vote

S1103A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 2, 2021 - Environmental Conservation committee Vote

S1103

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1103 - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7821
2023-2024: S3419

S1103 - 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.

S1103 - Sponsor Memo

 
BILL NUMBER: S1103

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:

2020: S7821, Kaminsky. Died on Calendar.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1103 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1103
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01249-01-1

 S. 1103                             2
 
   § 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.
   §  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.

Co-Sponsors

S1103A (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7821
2023-2024: S3419

S1103A (ACTIVE) - Summary

S1103A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1103A

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:

2020: S7821, Kaminsky. Died on Calendar.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1103A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1103--A
     Cal. No. 239
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KAMINSKY, HARCKHAM, MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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 fifteen members  that  shall
 be  appointed  as follows:  the state attorney general or his/her desig-
 nee; the commissioner of the  department  of  taxation  and  finance  or
 his/her  designee;  the  commissioner of the department of environmental
 conservation or his/her  designee;  the  state  comptroller  or  his/her
 designee;  the  chairman of the state liquor authority or his/her desig-
 nee; the commissioner of the department of agriculture  and  markets  or
 his/her  designee;  one member shall be appointed by the district attor-
 neys association of  the  state  of  New  York;  two  members  shall  be
 appointed by the temporary president of the senate and two members shall
 be  appointed by the speaker of the assembly, one shall be an individual
 who represents a municipality, one shall be an individual who represents
 a deposit initiator, one shall be an individual who represents a redemp-
 tion center, and one shall be an individual who represents  a  wholesale
 distributor;  and  four  members shall be appointed by the governor, one
 shall be an individual who represents a deposit initiator and one  shall
 be an individual who represents a retailer.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01249-02-1

 S. 1103--A                          2
 
   (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.
   § 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, agents acting on behalf of the deposit  initiators  that
 provide pickup services, 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.

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.

The New York State Senate

senate Bill S1103

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 25, 2022 - floor Vote

Floor Vote: Apr 25, 2022

Jan 10, 2022 - Environmental Conservation committee Vote

Committee Vote: Jan 10, 2022

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Feb 2, 2021 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Feb 2, 2021

Bill Amendments

Co-Sponsors

S1103 - Details

S1103 - Summary

S1103 - Sponsor Memo

S1103 - Bill Text download pdf

Co-Sponsors

S1103A (ACTIVE) - Details

S1103A (ACTIVE) - Summary

S1103A (ACTIVE) - Sponsor Memo

S1103A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1103

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 25, 2022 - floor Vote

Floor Vote: Apr 25, 2022

Jan 10, 2022 - Environmental Conservation committee Vote

Committee Vote: Jan 10, 2022

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Feb 2, 2021 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Feb 2, 2021

Bill Amendments

Co-Sponsors

S1103 - Details

S1103 - Summary

S1103 - Sponsor Memo

S1103 - Bill Text download pdf

Co-Sponsors

S1103A (ACTIVE) - Details

S1103A (ACTIVE) - Summary

S1103A (ACTIVE) - Sponsor Memo

S1103A (ACTIVE) - Bill Text download pdf

Comments