NY State Senate Bill 2023-S237C

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2024	print number 237c
May 03, 2024	amend (t) and recommit to environmental conservation
Jan 03, 2024	referred to environmental conservation
Jun 01, 2023	print number 237b
Jun 01, 2023	amend and recommit to finance
May 24, 2023	print number 237a
May 24, 2023	amend (t) and recommit to finance
Mar 15, 2023	reported and committed to finance
Jan 04, 2023	referred to environmental conservation

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2023-S237 - Details

See Assembly Version of this Bill:: A6353
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1003, 27-1005, 27-1007, 27-1012, 27-1013, 27-1014 & 27-1018, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2129, A5028
2021-2022: S9164, A10184
2025-2026: S5684, A6543

2023-S237 - Summary

Relates to returnable bottles; adds noncarbonated soft drinks, certain noncarbonated fruit or vegetable juices, coffee and tea beverages, carbonated fruit beverages and cider to the definition of "beverage"; provides that beginning April 1, 2026, the handling fee will be six cents for each beverage container accepted by a deposit initiator from a dealer or operator of a redemption center.

2023-S237 - Sponsor Memo

                                 
BILL NUMBER: S237

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
returnable bottles

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend § 27-1003(1) of the Environmental
Conservation Law (ECL) to include wine, liquor, distilled spirit cool-
ers, cider, and wine products under definition of beverage and remove
the prohibition on the redemption of water beverages with added sugar.

Section 2 of the bill would amend § 27-1003(1) of the ECL to phase in
the addition of noncarbonated soft drinks, noncarbonated fruit and vege-
table juices containing less than 100% fruit or vegetable juice, coffee
and tea beverages, and carbonated fruit beverages into the definition of
"beverage."

Section 3 of the bill would amend § 27-1003(12) of the ECL to expand the
definition of "reverse vending machine" to include alternative technolo-

gy approved by the Commissioner of the Department of Environmental
Conservation (DEC) under a local solid waste management plan.

Section 4 of the bill would amend § 27-1007 of the ECL to increase
consumer protections including, for example protections for expiring
returned container scrip and receipts. This section would also modify
the container take-back requirements for small retail businesses of
10,000 square feet or less that primarily sell food or beverages for
consumption off premises, to provide greater flexibility.  Additionally,
this section would increase the handling fee to six cents beginning
April 1, 2025.

Section 5 of the bill would amend § 27-1011 of the ECL to establish
phased-in minimum post-consumer content requirements for glass, alumi-
num, polyethylene terephthalate (PET), and plastic beverage containers.

Section 6 of the bill would amend § 27-1012(3) of the ECL to include new
information required on quarterly reports filed by deposit initiators to
provide that service charges do not exceed the maximum amount authorized
by the DEC Commissioner.

Section 7 of the bill would amend § 27-1012(4) of the ECL to authorize
deposit initiators utilizing a state-specific Universal Product Code
(UPC) on beverage containers, an important anti-fraud component, to
retain additional revenue.

Section 8 of the bill would amend § 27-1012(12) of the ECL to require
deposit initiators to include information related to a state-specific
universal product code on reports submitted to DEC.

Section 9 of the bill would amend § 27-1014 of the ECL to authorize DEC
to promulgate regulations to implement the new provision.

Section 10 of the bill would amend § 27-1005 of the ECL to raise the
deposit refund value to ten cents beginning April 1, 2025.

Section 11 of the bill would provide the effective date.

 
JUSTIFICATION:

New York's Returnable Container Act ("The Bottle Bill"), first enacted
in 1982, has been the State's most successful recycling program.
According to the DEC, the Bottle Bill reduced curbside container litter
by 70 percent and has encouraged the recycling of billions of plastic,
glass, and aluminum containers. The Container Recycling Institute (CRI)
states that the over 11 million tons of containers recycled in New York
since the implementation of the Bottle Bill has reduced greenhouse gas
emissions equivalent to taking about 3 million cars off the road for a
year. CRI also makes the important point that the processing and sale of
recycled containers benefits New York's economy and secures jobs in the
recycling industry.

By expanding the Bottle Bill to include a much more inclusive list of
beverages, we can expect an even greater number of containers to be
recycled and an even greater reduction of container litter in our
streets. Additionally, in the face of a growing recycling crisis, an
expansion of the Bottle Bill would help ease the burden that municipal
recycling facilities are currently facing by keeping these materials out
of the traditional waste stream. The expansion would be phased in,
beginning primarily with the harder-to-manage glass and aluminum
containers and subsequently to PET and other plastics. This approach,
coupled with the post-consumer content requirements for beverage
containers will help ensure a continued market for beverage container
materials and provide an important step in decreasing reliance on
single-use plastic.

Raising the deposit to lOcents will incentivize the public to return
empty beverage containers, reduce liter, and provide additional income
to individuals who collect and redeem such containers.  Additionally,
the delayed phase in will allow time for the bottle return industry to
prepare.

 
LEGISLATIVE HISTORY:

2022: S9164 (MAY) REF TO ENCON/A.10184 (Englebright) Ref to Encon

2019-20: A.5028-A (Englebright) - Referred to Ways and Means

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect April 1, 2024; provided, however, that
section two of this act shall take effect April 1, 2025. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.

2023-S237 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    237
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   returnable bottles

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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, is amended to read as follows:
   1. "Beverage" means carbonated soft drinks, water,  beer,  other  malt
 beverages [and a], WINE, LIQUOR, DISTILLED SPIRIT COOLERS, AND CIDER AND
 wine  [product]  PRODUCTS  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].
   §  2.  Subdivision 1 of section 27-1003 of the environmental conserva-
 tion law, as amended by section one of this act, is amended to  read  as
 follows:
   1. "Beverage" means carbonated soft drinks, NONCARBONATED SOFT DRINKS,
 NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING LESS THAN ONE HUNDRED
 PERCENT  FRUIT  OR VEGETABLE JUICE, COFFEE AND TEA BEVERAGES, CARBONATED
 FRUIT BEVERAGES,  water,  beer,  other  malt  beverages,  wine,  liquor,
 distilled  spirit  coolers,  and  cider  and wine products as defined in
 section three of the alcoholic beverage control  law.  "Malt  beverages"
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00531-01-3
 S. 237                              2
 
 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.
   §  3. Subdivision 12 of section 27-1003 of the environmental conserva-
 tion law, as added by section 3 of part SS of chapter 59 of the laws  of
 2009, is amended and a new subdivision 14 is added to read as follows:
   12.  "Reverse  vending  machine" means an automated device that uses a
 laser scanner, microprocessor, or other technology to accurately  recog-
 nize  the universal product code (UPC) on containers to determine if the
 container is redeemable and accumulates information regarding containers
 redeemed, including the number  of  such  containers  redeemed,  thereby
 enabling the reverse vending machine to accept containers from redeemers
 and  to issue a scrip or receipt for their refund value. SUCH DEFINITION
 SHALL ALSO APPLY TO ALTERNATIVE TECHNOLOGY APPROVED BY THE  COMMISSIONER
 PURSUANT  TO  SUBPARAGRAPH  (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION 27-1007 OF THIS TITLE.
   14. "STATE-SPECIFIC UPC CODE" MEANS A UNIVERSAL PRODUCT CODE AND LABEL
 DESIGN THAT IS UNIQUE TO NEW YORK OR USED ONLY IN NEW YORK AND ANY OTHER
 STATES THAT HAVE A SUBSTANTIALLY SIMILAR REFUND VALUE LAW.
   § 4. Section 27-1007 of the environmental conservation law,  as  added
 by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
 of  subdivision  1  as  amended  by chapter 459 of the laws of 2011, and
 subdivision 12 as added by section 3 of part F of chapter 58 of the laws
 of 2013, is amended to read as follows:
 § 27-1007. Mandatory acceptance.
   Except as provided in section 27-1009 of this title:
   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  days
 without  requiring the purchase of other goods.  IN THE EVENT SUCH SCRIP
 OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT MUST INDICATE  ANY  EXPIRATION
 DATE  AND  THE  DEALER  MUST POST A CONSPICUOUS SIGN INDICATING HOW MANY
 DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR  LEGAL  TENDER.
 IF  SUCH  NOTIFICATION  IS  NOT  PROVIDED, A DEALER MUST REDEEM THE FULL
 REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use or pres-
 ence of a reverse vending machine shall not  relieve  a  dealer  of  any
 obligations  imposed  pursuant  to  this section. If a dealer utilizes a
 reverse vending machine to redeem containers, the dealer  shall  provide
 redemption  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 has at least: (i) forty thousand but  less  than
 sixty  thousand  square  feet  devoted to the display of merchandise for
 S. 237                              3
 
 sale to the public shall install and maintain at least two reverse vend-
 ing machines at the dealer's place of business; (ii) sixty thousand  but
 less  than  eighty-five  thousand  square feet devoted to the display of
 merchandise  for  sale to the public shall install and maintain at least
 three reverse vending machines at the dealer's  place  of  business;  or
 (iii)  eighty-five  thousand  square  feet  devoted  to  the  display of
 merchandise for sale to the public shall install and maintain  at  least
 four  reverse  vending  machines  at the dealer's place of business. The
 requirements of [paragraph (b) of] this subdivision to install and main-
 tain reverse vending machines shall not apply  to  a  dealer  that:  (i)
 sells  only  beverage  containers  of  twenty  ounces or less where such
 beverage containers are packaged in  quantities  fewer  than  six;  (ii)
 sells  beverage  containers and devotes no more than five percent of its
 floor space to the display and sale of consumer commodities, as  defined
 in section two hundred fourteen-h of the agriculture and markets law; or
 (iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
 provide consumers with an alternative technology that: (A) determines if
 the container is redeemable,  (B)  provides  protections  against  fraud
 through  a  system that validates each container redeemed by reading the
 universal product code and, except with respect to  refillable  contain-
 ers,  renders  the  container  unredeemable, (C) accumulates information
 regarding containers redeemed, and (D) issues legal tender, or a  scrip,
 receipt,  or  other  form  of  credit  for the refund value, that can be
 exchanged for legal tender for a period of  not  less  than  sixty  days
 without  requiring  the purchase of other goods AND INCLUDES ANY EXPIRA-
 TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT.  Notwithstand-
 ing  the foregoing, if the alternative technology does not allow consum-
 ers to immediately obtain the refund value of the redeemed container,  a
 dealer  shall be permitted to deploy such alternative technology only if
 it also offers an alternative that allows consumers to conveniently  and
 immediately  obtain  such refund value through a reverse vending machine
 or other alternative method.
   (c) 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
 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)  For  the purposes of this subdivision on any day that a dealer 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.
   2. A dealer shall post a conspicuous sign, at the point of sale,  that
 states:
                      "NEW YORK BOTTLE BILL OF RIGHTS
 
  STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
          THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 S. 237                              4
 
 YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
 ACT:
   THE  RIGHT  to  return your empties for refund to any dealer who sells
 the same brand, type and size, whether you bought the beverage from  the
 dealer  or  not.  It is illegal to return containers for refund that you
 did not pay a deposit on in New York state.
   THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
 purchase.
   THE  RIGHT  to  return  your empties any day, any hour, except for the
 first and last hour of the dealer's business day (empty  containers  may
 be redeemed at any time in 24-hour stores).
   THE  RIGHT  to  return  your  containers if they are empty and intact.
 Washing containers is not required by law, but is  strongly  recommended
 to maintain sanitary conditions.
   The New York state returnable container act can be enforced by the New
 York  state department of environmental conservation, the New York state
 department of agriculture and markets, the New York state department  of
 taxation and finance, the New York state attorney general and/or by your
 local government."
   Such  sign must be no less than eight inches by ten inches in size and
 have lettering a minimum of one quarter inch high, and of a color  which
 contrasts with the background. The department shall maintain a toll free
 telephone number for a "bottle bill complaint line" that shall be avail-
 able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
 violations  of  this  title. The telephone number shall be listed on any
 sign required by this section.
   3. On or after June first, two thousand nine, a dealer may  limit  the
 number of empty beverage containers to be accepted for redemption at the
 dealer's  place  of  business to no less than seventy-two containers per
 visit, per redeemer, per day, provided that:
   (a) The dealer has a written agreement with a redemption center, be it
 either at a fixed physical location within the same  county  and  within
 [one-half]  ONE  mile  of  the  dealer's  place of business, or a mobile
 redemption center, operated by a  redemption  center,  that  is  located
 within  one-quarter  mile of the dealer's place of business. The redemp-
 tion center must have a written agreement  with  the  dealer  to  accept
 containers on behalf of the dealer; and the redemption center's hours of
 operation  must  cover  at least 9:00 a.m. through 7:00 p.m. daily or in
 the case of a mobile redemption center,  the  hours  of  operation  must
 cover  at  least  four consecutive hours between 8:00 a.m. and 8:00 p.m.
 daily. The dealer must post a conspicuous, permanent sign,  meeting  the
 size  and  color  specifications  set  forth  in subdivision two of this
 section, open to public view, identifying  the  location  and  hours  of
 operation  of  the  affiliated  redemption  center  or mobile redemption
 center; and
   (b) The dealer provides, at a minimum, a consecutive two  hour  period
 between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
 to two hundred forty containers, per redeemer,  per  day,  and  posts  a
 conspicuous,  permanent  sign, meeting the size and color specifications
 set forth in subdivision two of this section, open to public view, iden-
 tifying those hours. The dealer may not change the hours  of  redemption
 without first posting a thirty day notice; and
   (c) The dealer's primary business is the sale of food or beverages for
 consumption  off-premises,  and  the  dealer's place of business is less
 than ten thousand square feet in size.
 S. 237                              5
 
   4. A deposit initiator 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, and shall pay the dealer or operator of a redemption
 center  the  refund value of each such beverage container as established
 by section 27-1005 of this title. A deposit initiator shall  accept  and
 redeem  all  such  empty beverage containers from a dealer or redemption
 center without limitation on quantity.
   5. A deposit initiator's or distributor's failure  to  pick  up  empty
 beverage containers, including containers processed in a reverse vending
 machine,  from  a redemption center, dealer or the operator of a reverse
 vending machine, IN A TIMELY MANNER AND AT REASONABLE TIMES AS  PROVIDED
 BY  THE  DEPARTMENT  PURSUANT TO THE REGULATIONS PROMULGATED PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION shall be a  violation
 of this title.
   6.  In  addition to the refund value of a beverage container as estab-
 lished by section 27-1005 of this title, a deposit initiator  shall  pay
 to any dealer or operator of a redemption center a handling fee of three
 and  one-half  cents for each beverage container accepted by the deposit
 initiator from such dealer or operator of a redemption center.    BEGIN-
 NING  APRIL FIRST, TWO THOUSAND TWENTY-SIX, THE HANDLING FEE WILL BE SIX
 CENTS. Payment of the handling fee shall be as compensation for collect-
 ing, sorting and packaging of empty beverage  containers  for  transport
 back  to  the deposit initiator or its designee. 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 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  initi-
 ator.
   7.  A deposit initiator on a brand shall accept from a distributor who
 does not initiate deposits on that brand any empty  beverage  containers
 of that brand accepted by the distributor from a dealer or operator of a
 redemption  center  and shall reimburse the distributor the refund value
 of each such beverage container, as established by  section  27-1005  of
 this  title.  In  addition,  the  deposit initiator shall reimburse such
 distributor for each such beverage container  the  handling  fee  estab-
 lished  under  subdivision  six  of  this  section. Without limiting the
 rights of the department or any person, firm or corporation  under  this
 subdivision  or any other provision of this section, a distributor shall
 have a civil right of action to  enforce  this  subdivision,  including,
 upon three days notice, the right to apply for temporary and preliminary
 injunctive  relief against continuing violations, and until arrangements
 for collection and return of empty containers or reimbursement  of  such
 distributor for such deposits and handling fees are made.
   8. It shall be the responsibility of the deposit initiator or distrib-
 utor  to provide to a dealer or redemption center a sufficient number of
 bags, cartons, or other suitable containers, at no cost, for the packag-
 ing, handling and pickup of  empty  beverage  containers  that  are  not
 redeemed  through  a  reverse  vending  machine.  The  bags, cartons, or
 containers must be provided by the deposit initiator or distributor on a
 schedule that allows the dealer or redemption center sufficient time  to
 sort  the  empty  beverage  containers  prior  to pick up by the deposit
 initiator or distributor. In addition:
   (a) When picking up empty beverage containers, a deposit initiator  or
 distributor  shall  not  require  a  dealer or redemption center to load
 S. 237                              6
 
 their own bags, cartons or containers onto or into  the  deposit  initi-
 ator's  or  distributor's  vehicle  or  vehicles or provide the staff or
 equipment needed to do  so.  HOWEVER,  WHERE  PALLETS  OR  SKIDS,  BAGS,
 CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
 SIMILAR  EQUIPMENT,  A  DEPOSIT  INITIATOR  OR DISTRIBUTOR MAY REQUIRE A
 DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST  USING
 A  FORKLIFT  OR  SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
 CENTER PROVIDED THAT SUCH EQUIPMENT AND APPROPRIATE  STAFF  ARE  READILY
 AVAILABLE.
   (b)  A  deposit  initiator  or  distributor  shall  not  require empty
 containers to be counted at a location other than the redemption  center
 or  dealer's  place  of  business. The dealer or redemption center shall
 have the right to be present at the count. IN THE EVENT OF A DISCREPANCY
 BETWEEN THE COUNT OF THE DEALER OR REDEMPTION CENTER AND  THE  COUNT  OF
 THE  DEPOSIT  INITIATOR  OR  DISTRIBUTOR  FOR  CONTAINERS  NOT PROCESSED
 THROUGH A REVERSE VENDING MACHINE ALL SUCH  EMPTY  CONTAINERS  SHALL  BE
 RETAINED  AND A RE-COUNT MAY BE REQUESTED. THE RE-COUNT MAY BE HELD AT A
 LOCATION OTHER THAN THE REDEMPTION CENTER OR DEALER'S PLACE OF  BUSINESS
 ONLY IF THE DEALER OR REDEMPTION CENTER AGREES AND IS PRESENT.
   (c)  A  deposit  initiator or distributor shall pick up empty beverage
 containers from the dealer or redemption center IN A TIMELY  MANNER  AND
 at  reasonable  times  [and  intervals]  as determined in rules or regu-
 lations promulgated by the department NO LATER  THAN  APRIL  FIRST,  TWO
 THOUSAND TWENTY-SIX.
   9.  No  person shall return or assist another to return to a dealer or
 redemption center an empty beverage container for its  refund  value  if
 such  container had previously been accepted for redemption by a dealer,
 redemption center, or deposit initiator who initiates deposits on bever-
 age containers of the same brand.
   10. A redeemer, dealer, distributor or  redemption  center  shall  not
 knowingly  redeem  an  empty  beverage  container on which a deposit was
 never paid in New York state.
   11. Notwithstanding the  provisions  of  subdivision  two  of  section
 27-1009  of  this title, a deposit initiator or distributor shall accept
 and redeem beverage containers as provided in this title, if the  dealer
 or  operator  of  a  redemption  center shall have accepted and paid the
 refund value of such beverage containers.
   12. No person shall intentionally program, tamper with, render inaccu-
 rate, or circumvent the proper operation of a reverse vending machine to
 wrongfully elicit deposit monies  when  no  valid,  redeemable  beverage
 container has been placed in and properly processed by the reverse vend-
 ing machine.
   13.  THE  DEPARTMENT  AND  THE  DEPARTMENT OF TAXATION AND FINANCE ARE
 AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE.
   § 5. Paragraph (b) of subdivision 3 of section 27-1011 of the environ-
 mental conservation law, as added by section 1 of part PP of chapter  58
 of the laws of 2018, is amended and a new subdivision 4 is added to read
 as follows:
   (b)  comply  with  minimum post-consumer recycled material content and
 hole diameter limitations as defined in rules and regulations promulgat-
 ed  by  the  department  NO  LATER  THAN  APRIL  FIRST,   TWO   THOUSAND
 TWENTY-FIVE,  and  is  recyclable  and  indicates a resin identification
 code.
   4. (A) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-SIX,  EVERY  GLASS
 BEVERAGE  CONTAINER  SHALL  CONTAIN  A MINIMUM PERCENTAGE OF THIRTY-FIVE
 PERCENT POST-CONSUMER GLASS AND EVERY ALUMINUM BEVERAGE CONTAINER  SHALL
 S. 237                              7
 
 CONTAIN A MINIMUM PERCENTAGE OF THIRTY-FIVE PERCENT POST-CONSUMER ALUMI-
 NUM.
   (B) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-NINE, EVERY POLYETHY-
 LENE  TEREPHTHALATE  (PET) BEVERAGE CONTAINER SHALL CONTAIN NO LESS THAN
 TWENTY-FIVE PERCENT POST-CONSUMER PET.
   (C) EFFECTIVE JANUARY FIRST, TWO THOUSAND  THIRTY-ONE,  EVERY  PLASTIC
 BEVERAGE  CONTAINER  SHALL CONTAIN NO LESS THAN THIRTY PERCENT POST-CON-
 SUMER PLASTIC.
   (D) THE DEPARTMENT MAY, BY REGULATION, GRANT A REDUCTION OR WAIVER  OF
 THE  PERCENTAGE  REQUIREMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION IF
 THE DEPARTMENT FINDS AND DETERMINES THAT IT IS TECHNOLOGICALLY  INFEASI-
 BLE FOR THE BOTTLER TO ACHIEVE THE SPECIFIED PERCENT REQUIREMENT.
   §  6.  Paragraph c of subdivision 3 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:
   c.  all withdrawals from the refund value account during such quarter,
 including all reimbursements paid pursuant to subdivision  two  of  this
 section,  all service charges on the account, PROVIDED THAT SUCH SERVICE
 CHARGES DO NOT EXCEED THE MAXIMUM AMOUNT AUTHORIZED BY THE COMMISSIONER,
 and all payments made pursuant to subdivision four of this section; and
   § 7. Paragraph a of subdivision 4 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. Quarterly payments. An  amount  equal  to  eighty  percent  of  the
 balance  outstanding  in  the  refund value account at the close of each
 quarter shall be paid to the commissioner of taxation and finance at the
 time the report provided for in subdivision three  of  this  section  is
 required  to  be  filed.  The  commissioner  of taxation and finance may
 require that the payments be made electronically. The  remaining  twenty
 percent of the balance outstanding at the close of each quarter shall be
 the  monies  of  the  deposit  initiator  and may be withdrawn from such
 account by the deposit initiator.  HOWEVER, UNTIL APRIL FIRST, TWO THOU-
 SAND TWENTY-EIGHT, A DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON REFILL-
 ABLE BEVERAGE CONTAINERS OR BEVERAGE CONTAINERS  WITH  A  STATE-SPECIFIC
 UNIVERSAL  PRODUCT CODE MAY BE ENTITLED TO PAY AN AMOUNT EQUAL TO SEVEN-
 TY-FIVE PERCENT OF THE BALANCE OUTSTANDING IN THE REFUND  VALUE  ACCOUNT
 SPECIFICALLY  ATTRIBUTABLE TO REFILLABLE BEVERAGE CONTAINERS OR BEVERAGE
 CONTAINERS BEARING SUCH PRODUCT CODE AT THE CLOSE OF EACH QUARTER TO THE
 COMMISSIONER OF TAXATION AND FINANCE AT THE TIME THE REPORT PROVIDED FOR
 IN SUBDIVISION THREE OF THIS SECTION IS REQUIRED TO  BE FILED. NO  LATER
 THAN OCTOBER FIRST, TWO THOUSAND TWENTY-SEVEN, THE COMMISSIONER OF TAXA-
 TION  AND FINANCE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLA-
 TURE REGARDING THE IMPLEMENTATION OF THE STATE-SPECIFIC UNIVERSAL  PROD-
 UCT  CODE AND AN EVALUATION OF ITS EFFECTIVENESS IN DECREASING FRAUD. If
 the provisions of this section with respect to  such  account  have  not
 been  fully  complied  with,  each  deposit  initiator shall pay to such
 commissioner at such time, in  lieu  of  the  amount  described  in  the
 preceding sentence, an amount equal to the balance which would have been
 outstanding  on  such date had such provisions been fully complied with.
 The commissioner of taxation and finance may require that  the  payments
 be made electronically.
   §  8. Subdivision 12 of section 27-1012 of the environmental conserva-
 tion law, as amended by section 6 of part F of chapter 58 of the laws of
 2013, is amended to read as follows:
   12. a. Each deposit initiator shall provide a report to the department
 describing all the types of beverage containers on  which  it  initiates
 S. 237                              8
 
 deposits.  The  report shall include the product name, type of beverage,
 size and composition of the beverage container, universal product  code,
 THE  PRESENCE  OF  ANY  STATE-SPECIFIC  UNIVERSAL  PRODUCT  CODE AND THE
 PERCENTAGE OF PRODUCTS COVERED BY SUCH CODE, THE METHODS USED TO PREVENT
 THE FRAUDULENT SALE AND REDEMPTION OF BEVERAGE CONTAINERS, and any other
 information  the  department may require. Upon request, a deposit initi-
 ator shall also provide to the department a copy of the container  label
 or  a picture of any beverage container sold or offered for sale in this
 state on which  it  initiates  a  deposit.  Such  information  shall  be
 provided  in  a form as prescribed by the department. The department may
 require that such forms be filed electronically.
   b. A bottler may  place  on  a  beverage  container  a  STATE-SPECIFIC
 universal product code [or other distinctive marking that is specific to
 the  state  or  used  only  in  the state and any other states with laws
 substantially similar to this title] as a means of preventing  the  sale
 or redemption of beverage containers on which no deposit was initiated.
   c.  A  bottler  or deposit initiator shall notify the department, in a
 form prescribed by the department,  whenever  a  beverage  container  or
 beverage  container  label  is revised by altering the universal product
 code, or whenever the  container  on  which  a  universal  product  code
 appears  is changed in size, composition or glass color, or whenever the
 container or container label on which a universal product  code  appears
 is  changed  to include a STATE-SPECIFIC universal product code [that is
 unique to the state or used only in the state and any other states  with
 laws substantially similar to this title].
   § 9. Section 27-1014 of the environmental conservation law, as amended
 by  section  10 of part SS of chapter 59 of the laws of 2009, is amended
 to read as follows:
 § 27-1014. Authority to promulgate rules and regulations.
   In addition to the  authority  of  the  commissioner,  under  sections
 27-1007,  27-1009,  27-1011,  27-1012,  and  27-1013  of this title, the
 commissioner shall have the power to promulgate  rules  and  regulations
 necessary and appropriate for the administration of this title.
   § 10.  Section 27-1005 of the environmental conservation law, as added
 by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
 read as follows:
 § 27-1005. Refund value.
   No  person  shall  sell or offer for sale a beverage container in this
 state unless the deposit on such  beverage  container  is  or  has  been
 collected  by  a  registered deposit initiator and unless such container
 has a refund value of not less than five cents, AND BEGINNING  APRIL  1,
 2026  A  REFUND VALUE OF NOT LESS THAN TEN CENTS, which is clearly indi-
 cated thereon as provided in section 27-1011 of this title.
   § 11. This act shall take effect April  1,  2025;  provided,  however,
 that  section two of this act shall take effect April 1, 2026. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.

co-Sponsors

View additional co-sponsors

2023-S237A - Details

See Assembly Version of this Bill:: A6353
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1003, 27-1005, 27-1007, 27-1012, 27-1013, 27-1014 & 27-1018, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2129, A5028
2021-2022: S9164, A10184
2025-2026: S5684, A6543

2023-S237A - Summary

Relates to returnable bottles; adds noncarbonated soft drinks, certain noncarbonated fruit or vegetable juices, coffee and tea beverages, carbonated fruit beverages and cider to the definition of "beverage"; provides that beginning April 1, 2026, the handling fee will be six cents for each beverage container accepted by a deposit initiator from a dealer or operator of a redemption center.

2023-S237A - Sponsor Memo

                                 
BILL NUMBER: S237A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
returnable bottles and to retention and use of funds for the beverage
container assistance program

 
PURPOSE:

The purpose of this bill is to incentivize more recycling of beverage
containers, and thereby reduce solid waste, through expansion of eligi-
ble containers for a deposit and redemption under the current Bottle
Bill. The bill would raise the deposit refund value to ten cents, raise
the handling fee to six cents, and improve the redemption process
through implementation of grants to establish new redemption centers and
for the purchase of reverse vending machines.

 
SUMMARY OF PROVISIONS:

The bill would amend § 27-1003(1) of the Environmental Conservation Law

(ECL) to include wine, liquor, distilled spirit coolers, cider, wine
products, noncarbonated soft drinks, noncarbonated fruit and vegetable
juices containing less than 100% fruit or vegetable juice, coffee and
tea beverages, carbonated and non-carbonated water, and carbonated fruit
beverages under the definition of "beverage".

The bill would amend § 27-1003(12) of the ECL to expand the definition
of "reverse vending machine" to include alternative technology approved
by the Commissioner of the Department of Environmental Conservation
(DEC) under a local solid waste management plan.

The bill would amend § 27-1007 of the ECL to increase consumer
protections including, for example, protections for expiring returned
container scrip and receipts. This section would also modify the
container take-back requirements for small retail businesses of 10,000
square feet or less that primarily sell food or beverages for consump-
tion off premises, to provide greater flexibility.  Additionally, this
section would increase the handling fee to six cents.

* *The amendments to this version eliminate requirements for phased-in
minimum post-consumer content for glass, aluminum, polyethylene tereph-
thalate (PET), and plastic beverage containers.

The bill would amend § 27-1012(3) of the ECL to include new information
required on quarterly reports filed by deposit initiators to provide
that service charges do not exceed the maximum amount authorized by the
DEC Commissioner.

* *The amendments to this version eliminate all requirements regarding
the use of a state-specific Universal Product Code (UPC) on beverage
containers.

The bill would amend § 27-1005 of the ECL to raise the deposit refund
value to ten cents for all covered beverage containers.

** Amendments to this version of the bill provide that agribusinesses
which are licensed to sell alcoholic beverages on their premises for
off-premise consumption will not be required to redeem any empty
containers subject to this act. This exemption shall extend to farmers
markets and premises selling pursuant to a seven day license or tempo-
rary license.

** Amendments to this version of the bill include amendments to section
27-1018 of the ECL to implement the beverage container assistance
program. The bill would authorize the use of a small percentage of
unclaimed deposit funds for the purpose of grants for the establishment
of redemption centers, purchase of reverse vending machines, and real
property improvements for redemption purposes.  (S6869-MAY)

 
JUSTIFICATION:

New York's Returnable Container Act ("The Bottle Bill"), first enacted
in 1982, has been the State's most successful recycling program.
According to the DEC, the Bottle Bill reduced curbside container litter
by 70 percent and has encouraged the recycling of billions of plastic,
glass, and aluminum containers. The Container Recycling Institute (CRI)
states that the over 11 million tons of containers recycled in New York
since the implementation of the Bottle Bill has reduced greenhouse gas
emissions equivalent to taking about 3 million cars off the road for a
year. CRI also makes the important point that the processing and sale of
recycled containers benefits New York's economy and secures jobs in the
recycling industry.

By expanding the Bottle Bill to include a much more inclusive list of
beverages, we can expect an even greater number of containers to be
recycled and an even greater reduction of container litter in our
streets. Additionally, in the face of a growing recycling crisis, an
expansion of the Bottle Bill would help ease the burden that municipal
recycling facilities are currently facing by keeping these materials out
of the traditional waste stream.

Raising the deposit to 10 cents will incentivize the public to return
empty beverage containers, reduce liter, and provide additional income
to individuals who collect and redeem such containers.  Additionally,
the one year delayed phase in will allow time for the bottle return
industry to prepare.

 
LEGISLATIVE HISTORY:

2022: S9164 (MAY) REF TO ENCON/A.10184 (Englebright) Ref to Encon

2019-20: A.5028-A (Englebright) - Referred to Ways and Means

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that sections one, two,
three, four, five, and six take effect one year after enactment.  Effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.

2023-S237A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  237--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  MAY,  BRESLIN, BRISPORT, GONZALEZ, HOYLMAN-SIGAL,
   JACKSON, KRUEGER, RAMOS, RIVERA, SALAZAR, SEPULVEDA -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Environmental Conservation -- reported favorably from  said  committee
   and  committed  to  the  Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   returnable bottles and to retention and use of funds for the  beverage
   container assistance program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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, is amended to read as follows:
   1. "Beverage" means carbonated soft drinks, NONCARBONATED SOFT DRINKS,
 NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING LESS THAN ONE HUNDRED
 PERCENT FRUIT OR VEGETABLE JUICE, COFFEE AND TEA  BEVERAGES,  CARBONATED
 FRUIT BEVERAGES, CARBONATED WATER, NONCARBONATED water, beer, other malt
 beverages [and a], WINE, LIQUOR, DISTILLED SPIRIT COOLERS, AND CIDER AND
 wine  [product]  PRODUCTS  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].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00531-04-3
 S. 237--A                           2
 
   § 2.  Subdivision 12 of section 27-1003 of the environmental conserva-
 tion  law, as added by section 3 of part SS of chapter 59 of the laws of
 2009, is amended to read as follows:
   12.  "Reverse  vending  machine" means an automated device that uses a
 laser scanner, microprocessor, or other technology to accurately  recog-
 nize  the universal product code (UPC) on containers to determine if the
 container is redeemable and accumulates information regarding containers
 redeemed, including the number  of  such  containers  redeemed,  thereby
 enabling the reverse vending machine to accept containers from redeemers
 and  to issue a scrip or receipt for their refund value. SUCH DEFINITION
 SHALL ALSO APPLY TO ALTERNATIVE TECHNOLOGY APPROVED BY THE  COMMISSIONER
 PURSUANT  TO  SUBPARAGRAPH  (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION 27-1007 OF THIS TITLE.
   § 3. Section 27-1007 of the environmental conservation law,  as  added
 by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
 of  subdivision  1  as  amended  by chapter 459 of the laws of 2011, and
 subdivision 12 as added by section 3 of part F of chapter 58 of the laws
 of 2013, is amended to read as follows:
 § 27-1007. Mandatory acceptance.
   Except as provided in section 27-1009 of this title:
   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  days
 without  requiring the purchase of other goods.  IN THE EVENT SUCH SCRIP
 OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT SHALL INDICATE ANY  EXPIRATION
 DATE  AND  THE  DEALER SHALL POST A CONSPICUOUS SIGN INDICATING HOW MANY
 DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR  LEGAL  TENDER.
 IF  SUCH  NOTIFICATION  IS  NOT  PROVIDED, A DEALER MUST REDEEM THE FULL
 REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use or pres-
 ence of a reverse vending machine shall not  relieve  a  dealer  of  any
 obligations  imposed  pursuant  to  this section. If a dealer utilizes a
 reverse vending machine to redeem containers, the dealer  shall  provide
 redemption  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 has at least: (i) forty thousand but  less  than
 sixty  thousand  square  feet  devoted to the display of merchandise for
 sale to the public shall install and maintain at least two reverse vend-
 ing machines at the dealer's place of business; (ii) sixty thousand  but
 less  than  eighty-five  thousand  square feet devoted to the display of
 merchandise for sale to the public shall install and maintain  at  least
 three  reverse  vending  machines  at the dealer's place of business; or
 (iii) eighty-five  thousand  square  feet  devoted  to  the  display  of
 merchandise  for  sale to the public shall install and maintain at least
 four reverse vending machines at the dealer's  place  of  business.  The
 requirements of [paragraph (b) of] this subdivision to install and main-
 S. 237--A                           3
 
 tain  reverse  vending  machines  shall  not apply to a dealer that: (i)
 sells only beverage containers of  twenty  ounces  or  less  where  such
 beverage  containers  are  packaged  in  quantities fewer than six; (ii)
 sells  beverage  containers and devotes no more than five percent of its
 floor space to the display and sale of consumer commodities, as  defined
 in section two hundred fourteen-h of the agriculture and markets law; or
 (iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
 provide consumers with an alternative technology that: (A) determines if
 the container is redeemable,  (B)  provides  protections  against  fraud
 through  a  system that validates each container redeemed by reading the
 universal product code and, except with respect to  refillable  contain-
 ers,  renders  the  container  unredeemable, (C) accumulates information
 regarding containers redeemed, and (D) issues legal tender, or a  scrip,
 receipt,  or  other  form  of  credit  for the refund value, that can be
 exchanged for legal tender for a period of  not  less  than  sixty  days
 without  requiring  the purchase of other goods AND INCLUDES ANY EXPIRA-
 TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT.  Notwithstand-
 ing  the foregoing, if the alternative technology does not allow consum-
 ers to immediately obtain the refund value of the redeemed container,  a
 dealer  shall be permitted to deploy such alternative technology only if
 it also offers an alternative that allows consumers to conveniently  and
 immediately  obtain  such refund value through a reverse vending machine
 or other alternative method.
   (c) 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
 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)  For  the purposes of this subdivision on any day that a dealer 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.
   2. A dealer shall post a conspicuous sign, at the point of sale,  that
 states:
                      "NEW YORK BOTTLE BILL OF RIGHTS
 
  STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
          THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 
 YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
 ACT:
   THE RIGHT to return your empties for refund to any  dealer  who  sells
 the  same brand, type and size, whether you bought the beverage from the
 dealer or not. It is illegal to return containers for  refund  that  you
 did not pay a deposit on in New York state.
   THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
 purchase.
 S. 237--A                           4
 
   THE RIGHT to return your empties any day, any  hour,  except  for  the
 first  and  last hour of the dealer's business day (empty containers may
 be redeemed at any time in 24-hour stores).
   THE  RIGHT  to  return  your  containers if they are empty and intact.
 Washing containers is not required by law, but is  strongly  recommended
 to maintain sanitary conditions.
   The New York state returnable container act can be enforced by the New
 York  state department of environmental conservation, the New York state
 department of agriculture and markets, the New York state department  of
 taxation and finance, the New York state attorney general and/or by your
 local government."
   Such  sign must be no less than eight inches by ten inches in size and
 have lettering a minimum of one quarter inch high, and of a color  which
 contrasts with the background. The department shall maintain a toll free
 telephone number for a "bottle bill complaint line" that shall be avail-
 able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
 violations  of  this  title. The telephone number shall be listed on any
 sign required by this section.
   3. On or after June first, two thousand nine, a dealer may  limit  the
 number of empty beverage containers to be accepted for redemption at the
 dealer's  place  of  business to no less than seventy-two containers per
 visit, per redeemer, per day, provided that:
   (a) The dealer has a written agreement with a redemption center, be it
 either at a fixed physical location [within the same county  and  within
 one-half mile of the dealer's place of business], or a mobile redemption
 center[,]  operated by a redemption center[, that is located within one-
 quarter mile of the dealer's place of business]. The  redemption  center
 must  have  a  written agreement with the dealer to accept containers on
 behalf of the dealer; and the redemption  center's  hours  of  operation
 must  cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of
 a mobile redemption center, the hours of operation must cover  at  least
 four consecutive hours between 8:00 a.m. and 8:00 p.m.  daily. The deal-
 er  must  post a conspicuous, permanent sign, meeting the size and color
 specifications set forth in subdivision two of  this  section,  open  to
 public  view,  identifying  the  location  and hours of operation of the
 affiliated redemption center or mobile redemption center; and
   (b) The dealer provides, at a minimum, a consecutive two  hour  period
 between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
 to two hundred forty containers, per redeemer,  per  day,  and  posts  a
 conspicuous,  permanent  sign, meeting the size and color specifications
 set forth in subdivision two of this section, open to public view, iden-
 tifying those hours. The dealer may not change the hours  of  redemption
 without first posting a thirty day notice; and
   (c) The dealer's primary business is the sale of food or beverages for
 consumption  off-premises,  and  the  dealer's place of business is less
 than ten thousand square feet in size.
   4. A deposit initiator 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, and shall pay the dealer or operator of a redemption
 center the refund value of each such beverage container  as  established
 by  section  27-1005 of this title. A deposit initiator shall accept and
 redeem all such empty beverage containers from a  dealer  or  redemption
 center without limitation on quantity.
   5.  A  deposit  initiator's  or distributor's failure to pick up empty
 beverage containers, including containers processed in a reverse vending
 S. 237--A                           5

 machine, from a redemption center, dealer or the operator of  a  reverse
 vending  machine, IN A TIMELY MANNER AND AT REASONABLE TIMES AS SHALL BE
 PROVIDED BY THE  DEPARTMENT  PURSUANT  TO  THE  REGULATIONS  PROMULGATED
 PURSUANT  TO PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION shall be
 a violation of this title.
   6. In addition to the refund value of a beverage container  as  estab-
 lished  by  section 27-1005 of this title, a deposit initiator shall pay
 to any dealer or operator of a  redemption  center  a  handling  fee  of
 [three  and  one-half] SIX cents for each beverage container accepted by
 the deposit initiator 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 its designee. 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 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.
   7. A deposit initiator on a brand shall accept from a distributor  who
 does  not  initiate deposits on that brand any empty beverage containers
 of that brand accepted by the distributor from a dealer or operator of a
 redemption center and shall reimburse the distributor the  refund  value
 of  each  such  beverage container, as established by section 27-1005 of
 this title. In addition, the  deposit  initiator  shall  reimburse  such
 distributor  for  each  such  beverage container the handling fee estab-
 lished under subdivision six  of  this  section.  Without  limiting  the
 rights  of  the department or any person, firm or corporation under this
 subdivision or any other provision of this section, a distributor  shall
 have  a  civil  right  of action to enforce this subdivision, including,
 upon three days notice, the right to apply for temporary and preliminary
 injunctive relief against continuing violations, and until  arrangements
 for  collection  and return of empty containers or reimbursement of such
 distributor for such deposits and handling fees are made.
   8. It shall be the responsibility of the deposit initiator or distrib-
 utor to provide to a dealer or redemption center a sufficient number  of
 bags, cartons, or other suitable containers, at no cost, for the packag-
 ing,  handling  and  pickup  of  empty  beverage containers that are not
 redeemed through a  reverse  vending  machine.  The  bags,  cartons,  or
 containers must be provided by the deposit initiator or distributor on a
 schedule  that allows the dealer or redemption center sufficient time to
 sort the empty beverage containers prior  to  pick  up  by  the  deposit
 initiator or distributor. In addition:
   (a)  When picking up empty beverage containers, a deposit initiator or
 distributor shall not require a dealer  or  redemption  center  to  load
 their  own  bags,  cartons or containers onto or into the deposit initi-
 ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
 equipment  needed  to  do  so.  HOWEVER,  WHERE  PALLETS OR SKIDS, BAGS,
 CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
 SIMILAR EQUIPMENT, A DEPOSIT INITIATOR  OR  DISTRIBUTOR  MAY  REQUIRE  A
 DEALER  OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING
 A FORKLIFT OR SIMILAR EQUIPMENT BELONGING TO THE  DEALER  OR  REDEMPTION
 CENTER  PROVIDED  THAT  SUCH EQUIPMENT AND APPROPRIATE STAFF ARE READILY
 AVAILABLE.
   (b) A  deposit  initiator  or  distributor  shall  not  require  empty
 containers  to be counted at a location other than the redemption center
 S. 237--A                           6
 
 or dealer's place of business. The dealer  or  redemption  center  shall
 have the right to be present at the count. IN THE EVENT OF A DISCREPANCY
 BETWEEN  THE  COUNT  OF THE DEALER OR REDEMPTION CENTER AND THE COUNT OF
 THE  DEPOSIT  INITIATOR  OR  DISTRIBUTOR  FOR  CONTAINERS  NOT PROCESSED
 THROUGH A REVERSE VENDING MACHINE ALL SUCH  EMPTY  CONTAINERS  SHALL  BE
 RETAINED  AND A RE-COUNT MAY BE REQUESTED. THE RE-COUNT MAY BE HELD AT A
 LOCATION OTHER THAN THE REDEMPTION CENTER OR DEALER'S PLACE OF  BUSINESS
 ONLY IF THE DEALER OR REDEMPTION CENTER AGREES AND IS PRESENT.
   (c)  A  deposit  initiator or distributor shall pick up empty beverage
 containers from the dealer or redemption center IN A TIMELY  MANNER  AND
 at  reasonable  times [and intervals] as SHALL BE determined in rules or
 regulations promulgated by department NO LATER THAN ONE  HUNDRED  EIGHTY
 DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
 TWENTY-THREE THAT AMENDED THIS PARAGRAPH.
   9.  No  person shall return or assist another to return to a dealer or
 redemption center an empty beverage container for its  refund  value  if
 such  container had previously been accepted for redemption by a dealer,
 redemption center, or deposit initiator who initiates deposits on bever-
 age containers of the same brand.
   10. A redeemer, dealer, distributor or  redemption  center  shall  not
 knowingly  redeem  an  empty  beverage  container on which a deposit was
 never paid in New York state.
   11. Notwithstanding the  provisions  of  subdivision  two  of  section
 27-1009  of  this title, a deposit initiator or distributor shall accept
 and redeem beverage containers as provided in this title, if the  dealer
 or  operator  of  a  redemption  center shall have accepted and paid the
 refund value of such beverage containers.
   12. No person shall intentionally program, tamper with, render inaccu-
 rate, or circumvent the proper operation of a reverse vending machine to
 wrongfully elicit deposit monies  when  no  valid,  redeemable  beverage
 container has been placed in and properly processed by the reverse vend-
 ing machine.
   13. THE DEPARTMENT AND THE DEPARTMENT OF TAXATION AND FINANCE SHALL BE
 AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE.
   14.  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
 DEALER SHALL NOT BE REQUIRED TO ACCEPT FROM A REDEEMER ANY EMPTY  BEVER-
 AGE CONTAINER:
   (A)  AT  THE PREMISES OF A BREWERY, FARM BREWERY, CIDERY, FARM CIDERY,
 DISTILLERY, FARM DISTILLERY, MEADERY, FARM MEADERY,  WINERY,  OR  MICRO-
 WINERY  WHERE  SUCH  DEALER  IS LICENSED TO SELL ALCOHOLIC BEVERAGES FOR
 CONSUMPTION OFF SUCH PREMISES;
   (B) AT ANY  PREMISES  SELLING  ALCOHOLIC  BEVERAGES  FOR  OFF-PREMISES
 CONSUMPTION  PURSUANT  TO A SEVEN DAY LICENSE OR TEMPORARY LICENSE UNDER
 THIS CHAPTER; OR
   (C) AT A FARMERS MARKET, AS SUCH TERM IS DEFINED BY THE DEPARTMENT  OF
 AGRICULTURE AND MARKETS.
   §  4.  Paragraph c of subdivision 3 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:
   c.  all withdrawals from the refund value account during such quarter,
 including all reimbursements paid pursuant to subdivision  two  of  this
 section,  all service charges on the account, PROVIDED THAT SUCH SERVICE
 CHARGES DO NOT EXCEED THE MAXIMUM AMOUNT AUTHORIZED BY THE COMMISSIONER,
 and all payments made pursuant to subdivision four of this section; and
 S. 237--A                           7
 
   § 5. Section 27-1014 of the environmental conservation law, as amended
 by section 10 of part SS of chapter 59 of the laws of 2009,  is  amended
 to read as follows:
 § 27-1014. Authority to promulgate rules and regulations.
   In  addition  to  the  authority  of  the commissioner, under sections
 27-1007, 27-1009, 27-1012, and 27-1013 of this title,  the  commissioner
 shall  have  the power to promulgate rules and regulations necessary and
 appropriate for the administration of this title.
   § 6.  Section 27-1005 of the environmental conservation law, as  added
 by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
 read as follows:
 § 27-1005. Refund value.
   No  person  shall  sell or offer for sale a beverage container in this
 state unless the deposit on such  beverage  container  is  or  has  been
 collected  by  a  registered deposit initiator and unless such container
 has a refund value of not less than [five] TEN cents  which  is  clearly
 indicated thereon as provided in section 27-1011 of this title.
   §  7.  Subdivision 5 of section 27-1012 of the environmental conserva-
 tion law, as amended by section 2 of part JJ of chapter 58 of  the  laws
 of 2017, is amended to read as follows:
   5.  All moneys collected or received by the department of taxation and
 finance pursuant to this title shall be deposited to the credit  of  the
 comptroller  with such responsible banks, banking houses or trust compa-
 nies as may be designated by the comptroller.  Such  deposits  shall  be
 kept  separate  and apart from all other moneys in the possession of the
 comptroller. The comptroller shall require adequate  security  from  all
 such depositories. Of the total revenue collected, the comptroller shall
 retain the amount determined by the commissioner of taxation and finance
 to  be  necessary  for refunds out of which the comptroller must pay any
 refunds to which a deposit initiator may be  entitled.    OF  THE  TOTAL
 REVENUE  COLLECTED,  THE COMPTROLLER SHALL RETAIN AN AMOUNT EQUAL TO TWO
 PERCENT OF THE TOTAL OF SUCH REVENUES COLLECTED IN  THE  PRIOR  CALENDAR
 YEAR,  TO  BE  DISTRIBUTED TO THE COMMISSIONER, AS NEEDED, FOR USE UNDER
 THE BEVERAGE CONTAINER ASSISTANCE PROGRAM PURSUANT TO SECTION 27-1018 OF
 THIS TITLE. After reserving the [amount] AMOUNTS to pay refunds AND  FOR
 USE  UNDER  THE  BEVERAGE  CONTAINER ASSISTANCE PROGRAM, the comptroller
 must, by the tenth day of each month, pay into the state treasury to the
 credit of the general fund the revenue deposited under this  subdivision
 during  the  preceding calendar month and remaining to the comptroller's
 credit on the last day of that preceding month; provided, however, that,
 beginning April first, two thousand thirteen, nineteen million  dollars,
 and  all  fiscal years thereafter, twenty-three million dollars plus all
 funds received from the payments due each fiscal year pursuant to subdi-
 vision four of this section in excess  of  the  greater  of  the  amount
 received  from  April  first,  two thousand twelve through March thirty-
 first, two thousand thirteen  or  one  hundred  twenty-two  million  two
 hundred  thousand dollars, shall be deposited to the credit of the envi-
 ronmental protection fund established pursuant to  section  ninety-two-s
 of the state finance law.
   §  8.  Section 27-1018 of the environmental conservation law, as added
 by section 13 of part SS of chapter 59 of the laws of 2009,  is  amended
 to read as follows:
 § 27-1018. Beverage container assistance program.
   Notwithstanding any other provision of law to the contrary, WITHIN THE
 AMOUNTS RETAINED BY THE COMPTROLLER FOR USE UNDER THE BEVERAGE CONTAINER
 ASSISTANCE  PROGRAM  PURSUANT  TO SUBDIVISION FIVE OF SECTION 27-1012 OF
 S. 237--A                           8
 
 THIS TITLE, AND within  the  limits  of  ANY  ADDITIONAL  appropriations
 therefor, the commissioner shall make state assistance payments to muni-
 cipalities,  businesses  and not-for-profit organizations located in the
 state,  UPON  REQUEST  OR  OTHERWISE  PURSUANT  TO THE DISCRETION OF THE
 COMMISSIONER, for the cost of reverse vending machines located or to  be
 located  in  the  state. Such state assistance payments shall not exceed
 fifty percent of the costs of equipment, and/or the  acquisition  and/or
 rehabilitation  of  real property or structures located or to be located
 in the state related to the collecting, sorting, and packaging of  empty
 beverage  containers  subject  to  the  provisions  of  this title. Such
 payments may include costs related to the  establishment  of  redemption
 centers,  including  mobile redemption centers. For the purposes of this
 section, municipalities and not-for-profit organizations shall have  the
 meaning  as  defined  in  section 54-0101 of this chapter and businesses
 shall mean a dealer, distributor or redemption center as defined in this
 title [that employs less than fifty employees].
   § 9. This act shall take effect immediately; provided,  however,  that
 sections  one,  two,  three,  four, five, and six of this act shall take
 effect one year after the date upon which it shall have  become  a  law.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.

co-Sponsors

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2023-S237B - Details

See Assembly Version of this Bill:: A6353
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1003, 27-1005, 27-1007, 27-1012, 27-1013, 27-1014 & 27-1018, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2129, A5028
2021-2022: S9164, A10184
2025-2026: S5684, A6543

2023-S237B - Summary

Relates to returnable bottles; adds noncarbonated soft drinks, certain noncarbonated fruit or vegetable juices, coffee and tea beverages, carbonated fruit beverages and cider to the definition of "beverage"; provides that beginning April 1, 2026, the handling fee will be six cents for each beverage container accepted by a deposit initiator from a dealer or operator of a redemption center.

2023-S237B - Sponsor Memo

                                 
BILL NUMBER: S237B

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
returnable bottles and to retention and use of funds for the beverage
container assistance program

 
PURPOSE:

The purpose of this bill is to incentivize more recycling of beverage
containers, and thereby reduce solid waste, through expansion of eligi-
ble containers for a deposit and redemption under the current Bottle
Bill. The bill would raise the deposit refund value to ten cents, raise
the handling fee to six cents, and improve the redemption process
through implementation of grants to establish new redemption centers and
for the purchase of reverse vending machines.

 
SUMMARY OF PROVISIONS:

The bill would amend § 27-1003(1) of the Environmental Conservation Law

(ECL) to include wine, liquor, distilled spirit coolers, cider, wine
products, noncarbonated soft drinks, noncarbonated fruit and vegetable
juices containing less than 100% fruit or vegetable juice, coffee and
tea beverages, carbonated and non-carbonated water, and carbonated fruit
beverages under the definition of "beverage".

The bill would amend § 27-1003(12) of the ECL to expand the definition
of "reverse vending machine" to include alternative technology approved
by the Commissioner of the Department of Environmental Conservation
(DEC) under a local solid waste management plan.

The bill would amend § 27-1007 of the ECL to increase consumer
protections including, for example, protections for expiring returned
container scrip and receipts. This section would also modify the
container take-back requirements for small retail businesses of 10,000
square feet or less that primarily sell food or beverages for consump-
tion off premises, to provide greater flexibility.  Additionally, this
section would increase the handling fee to six cents.

** The amendments to this version eliminate requirements for phased-in
minimum post-consumer content for glass, aluminum, polyethylene tereph-
thalate (PET), and plastic beverage containers.

The bill would amend § 27-1012(3) of the ECL to include new information
required on quarterly reports filed by deposit initiators to provide
that service charges do not exceed the maximum amount authorized by the
DEC Commissioner.

The amendments to this version eliminate all requirements regarding the
use of a state-specific Universal Product Code (UPC) on beverage
containers.

The bill would amend § 27-1005 of the ECL to raise the deposit refund
value to ten cents for all covered beverage containers.

Amendments to this version of the bill provide that agribusinesses which
are licensed to sell alcoholic beverages on their premises for off-prem-
ise consumption will not be required to redeem any empty containers
subject to this act. This exemption shall extend to farmers markets and
premises selling pursuant to a temporary license.

Amendments to this version of the bill include amendments to section
27-1018 of the ECL to implement the beverage container assistance
program. The bill would authorize the use of a small percentage of
unclaimed deposit funds for the purpose of grants for the establishment
of redemption centers, purchase of reverse vending machines, and real
property improvements for redemption purposes.  (S6869-MAY)

** Amendments to this version are technical and relate only to the prop-
er references for the agribusiness exemption.

 
JUSTIFICATION:

New York's Returnable Container Act ("The Bottle Bill"), first enacted
in 1982, has been the State's most successful recycling program.
According to the DEC, the Bottle Bill reduced curbside container litter
by 70 percent and has encouraged the recycling of billions of plastic,
glass, and aluminum containers. The Container Recycling Institute (CRI)
states that the over 11 million tons of containers recycled in New York
since the implementation of the Bottle Bill has reduced greenhouse gas
emissions equivalent to taking about 3 million cars off the road for a
year. CRI also makes the important point that the processing and sale of
recycled containers benefits New York's economy and secures jobs in the
recycling industry.

By expanding the Bottle Bill to include a much more inclusive list of
beverages, we can expect an even greater number of containers to be
recycled and an even greater reduction of container litter in our
streets. Additionally, in the face of a growing recycling crisis, an
expansion of the Bottle Bill would help ease the burden that municipal
recycling facilities are currently facing by keeping these materials out
of the traditional waste stream.

Raising the deposit to 10 cents will incentivize the public to return
empty beverage containers, reduce liter, and provide additional income
to individuals who collect and redeem such containers.  Additionally,
the one year delayed phase in will allow time for the bottle return
industry to prepare.

 
LEGISLATIVE HISTORY:

2022: S9164 (MAY) REF TO ENCON/A.10184 (Englebright) Ref to Encon

2019-20: A.5028-A (Englebright) - Referred to Ways and Means

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that sections one, two,
three, four, five, and six take effect one year after enactment.  Effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.

2023-S237B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  237--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  MAY,  BRESLIN, BRISPORT, GONZALEZ, HOYLMAN-SIGAL,
   JACKSON, KRUEGER, RAMOS, RIVERA, SALAZAR, SEPULVEDA -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Environmental Conservation -- reported favorably from  said  committee
   and  committed  to  the  Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   returnable  bottles and to retention and use of funds for the beverage
   container assistance program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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, is amended to read as follows:
   1. "Beverage" means carbonated soft drinks, NONCARBONATED SOFT DRINKS,
 NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING LESS THAN ONE HUNDRED
 PERCENT  FRUIT  OR VEGETABLE JUICE, COFFEE AND TEA BEVERAGES, CARBONATED
 FRUIT BEVERAGES, CARBONATED WATER, NONCARBONATED water, beer, other malt
 beverages [and a], WINE, LIQUOR, DISTILLED SPIRIT COOLERS, AND CIDER AND
 wine [product] PRODUCTS 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"

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00531-08-3

 S. 237--B                           2

 does  not  include any beverage identified as a type of water to which a
 sugar has been added].
   §  2. Subdivision 12 of section 27-1003 of the environmental conserva-
 tion law, as added by section 3 of part SS of chapter 59 of the laws  of
 2009, is amended to read as follows:
   12.  "Reverse  vending  machine" means an automated device that uses a
 laser scanner, microprocessor, or other technology to accurately  recog-
 nize  the universal product code (UPC) on containers to determine if the
 container is redeemable and accumulates information regarding containers
 redeemed, including the number  of  such  containers  redeemed,  thereby
 enabling the reverse vending machine to accept containers from redeemers
 and  to issue a scrip or receipt for their refund value. SUCH DEFINITION
 SHALL ALSO APPLY TO ALTERNATIVE TECHNOLOGY APPROVED BY THE  COMMISSIONER
 PURSUANT  TO  SUBPARAGRAPH  (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION 27-1007 OF THIS TITLE.
   § 3. Section 27-1007 of the environmental conservation law,  as  added
 by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
 of  subdivision  1  as  amended  by chapter 459 of the laws of 2011, and
 subdivision 12 as added by section 3 of part F of chapter 58 of the laws
 of 2013, is amended to read as follows:
 § 27-1007. Mandatory acceptance.
   Except as provided in section 27-1009 of this title:
   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  days
 without  requiring the purchase of other goods.  IN THE EVENT SUCH SCRIP
 OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT SHALL INDICATE ANY  EXPIRATION
 DATE  AND  THE  DEALER SHALL POST A CONSPICUOUS SIGN INDICATING HOW MANY
 DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR  LEGAL  TENDER.
 IF  SUCH  NOTIFICATION  IS  NOT PROVIDED, A DEALER SHALL REDEEM THE FULL
 REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use or pres-
 ence of a reverse vending machine shall not  relieve  a  dealer  of  any
 obligations  imposed  pursuant  to  this section. If a dealer utilizes a
 reverse vending machine to redeem containers, the dealer  shall  provide
 redemption  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 has at least: (i) forty thousand but  less  than
 sixty  thousand  square  feet  devoted to the display of merchandise for
 sale to the public shall install and maintain at least two reverse vend-
 ing machines at the dealer's place of business; (ii) sixty thousand  but
 less  than  eighty-five  thousand  square feet devoted to the display of
 merchandise for sale to the public shall install and maintain  at  least
 three  reverse  vending  machines  at the dealer's place of business; or
 (iii) eighty-five  thousand  square  feet  devoted  to  the  display  of
 merchandise  for  sale to the public shall install and maintain at least
 S. 237--B                           3
 
 four reverse vending machines at the dealer's  place  of  business.  The
 requirements of [paragraph (b) of] this subdivision to install and main-
 tain  reverse  vending  machines  shall  not apply to a dealer that: (i)
 sells  only  beverage  containers  of  twenty  ounces or less where such
 beverage containers are packaged in  quantities  fewer  than  six;  (ii)
 sells  beverage  containers and devotes no more than five percent of its
 floor space to the display and sale of consumer commodities, as  defined
 in section two hundred fourteen-h of the agriculture and markets law; or
 (iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
 provide consumers with an alternative technology that: (A) determines if
 the container is redeemable,  (B)  provides  protections  against  fraud
 through  a  system that validates each container redeemed by reading the
 universal product code and, except with respect to  refillable  contain-
 ers,  renders  the  container  unredeemable, (C) accumulates information
 regarding containers redeemed, and (D) issues legal tender, or a  scrip,
 receipt,  or  other  form  of  credit  for the refund value, that can be
 exchanged for legal tender for a period of  not  less  than  sixty  days
 without  requiring  the purchase of other goods AND INCLUDES ANY EXPIRA-
 TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT.  Notwithstand-
 ing  the foregoing, if the alternative technology does not allow consum-
 ers to immediately obtain the refund value of the redeemed container,  a
 dealer  shall be permitted to deploy such alternative technology only if
 it also offers an alternative that allows consumers to conveniently  and
 immediately  obtain  such refund value through a reverse vending machine
 or other alternative method.
   (c) 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
 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)  For  the purposes of this subdivision on any day that a dealer 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.
   2. A dealer shall post a conspicuous sign, at the point of sale,  that
 states:
                      "NEW YORK BOTTLE BILL OF RIGHTS
 
  STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
          THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 
 YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
 ACT:
   THE RIGHT to return your empties for refund to any  dealer  who  sells
 the  same brand, type and size, whether you bought the beverage from the
 dealer or not. It is illegal to return containers for  refund  that  you
 did not pay a deposit on in New York state.
 S. 237--B                           4
 
   THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
 purchase.
   THE  RIGHT  to  return  your empties any day, any hour, except for the
 first and last hour of the dealer's business day (empty  containers  may
 be redeemed at any time in 24-hour stores).
   THE  RIGHT  to  return  your  containers if they are empty and intact.
 Washing containers is not required by law, but is  strongly  recommended
 to maintain sanitary conditions.
   The New York state returnable container act can be enforced by the New
 York  state department of environmental conservation, the New York state
 department of agriculture and markets, the New York state department  of
 taxation and finance, the New York state attorney general and/or by your
 local government."
   Such  sign must be no less than eight inches by ten inches in size and
 have lettering a minimum of one quarter inch high, and of a color  which
 contrasts with the background. The department shall maintain a toll free
 telephone number for a "bottle bill complaint line" that shall be avail-
 able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
 violations  of  this  title. The telephone number shall be listed on any
 sign required by this section.
   3. On or after June first, two thousand nine, a dealer may  limit  the
 number of empty beverage containers to be accepted for redemption at the
 dealer's  place  of  business to no less than seventy-two containers per
 visit, per redeemer, per day, provided that:
   (a) The dealer has a written agreement with a redemption center, be it
 either at a fixed physical location [within the same county  and  within
 one-half mile of the dealer's place of business], or a mobile redemption
 center[,]  operated by a redemption center[, that is located within one-
 quarter mile of the dealer's place of business]. The  redemption  center
 must  have  a  written agreement with the dealer to accept containers on
 behalf of the dealer; and the redemption  center's  hours  of  operation
 must  cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of
 a mobile redemption center, the hours of operation must cover  at  least
 four consecutive hours between 8:00 a.m. and 8:00 p.m.  daily. The deal-
 er  must  post a conspicuous, permanent sign, meeting the size and color
 specifications set forth in subdivision two of  this  section,  open  to
 public  view,  identifying  the  location  and hours of operation of the
 affiliated redemption center or mobile redemption center; and
   (b) The dealer provides, at a minimum, a consecutive two  hour  period
 between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
 to two hundred forty containers, per redeemer,  per  day,  and  posts  a
 conspicuous,  permanent  sign, meeting the size and color specifications
 set forth in subdivision two of this section, open to public view, iden-
 tifying those hours. The dealer may not change the hours  of  redemption
 without first posting a thirty day notice; and
   (c) The dealer's primary business is the sale of food or beverages for
 consumption  off-premises,  and  the  dealer's place of business is less
 than ten thousand square feet in size.
   4. A deposit initiator 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, and shall pay the dealer or operator of a redemption
 center the refund value of each such beverage container  as  established
 by  section  27-1005 of this title. A deposit initiator shall accept and
 redeem all such empty beverage containers from a  dealer  or  redemption
 center without limitation on quantity.
 S. 237--B                           5
 
   5.  A  deposit  initiator's  or distributor's failure to pick up empty
 beverage containers, including containers processed in a reverse vending
 machine, from a redemption center, dealer or the operator of  a  reverse
 vending  machine, IN A TIMELY MANNER AND AT REASONABLE TIMES AS SHALL BE
 PROVIDED  BY  THE  DEPARTMENT  PURSUANT  TO  THE REGULATIONS PROMULGATED
 PURSUANT TO PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION shall  be
 a violation of this title.
   6.  In  addition to the refund value of a beverage container as estab-
 lished by section 27-1005 of this title, a deposit initiator  shall  pay
 to  any  dealer  or  operator  of  a redemption center a handling fee of
 [three and one-half] SIX cents for each beverage container  accepted  by
 the  deposit  initiator  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 its designee. 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 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.
   7.  A deposit initiator on a brand shall accept from a distributor who
 does not initiate deposits on that brand any empty  beverage  containers
 of that brand accepted by the distributor from a dealer or operator of a
 redemption  center  and shall reimburse the distributor the refund value
 of each such beverage container, as established by  section  27-1005  of
 this  title.  In  addition,  the  deposit initiator shall reimburse such
 distributor for each such beverage container  the  handling  fee  estab-
 lished  under  subdivision  six  of  this  section. Without limiting the
 rights of the department or any person, firm or corporation  under  this
 subdivision  or any other provision of this section, a distributor shall
 have a civil right of action to  enforce  this  subdivision,  including,
 upon three days notice, the right to apply for temporary and preliminary
 injunctive  relief against continuing violations, and until arrangements
 for collection and return of empty containers or reimbursement  of  such
 distributor for such deposits and handling fees are made.
   8. It shall be the responsibility of the deposit initiator or distrib-
 utor  to provide to a dealer or redemption center a sufficient number of
 bags, cartons, or other suitable containers, at no cost, for the packag-
 ing, handling and pickup of  empty  beverage  containers  that  are  not
 redeemed  through  a  reverse  vending  machine.  The  bags, cartons, or
 containers must be provided by the deposit initiator or distributor on a
 schedule that allows the dealer or redemption center sufficient time  to
 sort  the  empty  beverage  containers  prior  to pick up by the deposit
 initiator or distributor. In addition:
   (a) When picking up empty beverage containers, a deposit initiator  or
 distributor  shall  not  require  a  dealer or redemption center to load
 their own bags, cartons or containers onto or into  the  deposit  initi-
 ator's  or  distributor's  vehicle  or  vehicles or provide the staff or
 equipment needed to do  so.  HOWEVER,  WHERE  PALLETS  OR  SKIDS,  BAGS,
 CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
 SIMILAR  EQUIPMENT,  A  DEPOSIT  INITIATOR  OR DISTRIBUTOR MAY REQUIRE A
 DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST  USING
 A  FORKLIFT  OR  SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
 CENTER PROVIDED THAT SUCH EQUIPMENT AND APPROPRIATE  STAFF  ARE  READILY
 AVAILABLE.
 S. 237--B                           6
 
   (b)  A  deposit  initiator  or  distributor  shall  not  require empty
 containers to be counted at a location other than the redemption  center
 or  dealer's  place  of  business. The dealer or redemption center shall
 have the right to be present at the count. IN THE EVENT OF A DISCREPANCY
 BETWEEN  THE  COUNT  OF THE DEALER OR REDEMPTION CENTER AND THE COUNT OF
 THE DEPOSIT  INITIATOR  OR  DISTRIBUTOR  FOR  CONTAINERS  NOT  PROCESSED
 THROUGH  A  REVERSE  VENDING  MACHINE ALL SUCH EMPTY CONTAINERS SHALL BE
 RETAINED AND A RE-COUNT MAY BE REQUESTED. THE RE-COUNT MAY BE HELD AT  A
 LOCATION  OTHER THAN THE REDEMPTION CENTER OR DEALER'S PLACE OF BUSINESS
 ONLY IF THE DEALER OR REDEMPTION CENTER AGREES AND IS PRESENT.
   (c) A deposit initiator or distributor shall pick  up  empty  beverage
 containers  from  the dealer or redemption center IN A TIMELY MANNER AND
 at reasonable times [and intervals] as SHALL BE determined in  rules  or
 regulations  promulgated  by  the  department  NO LATER THAN ONE HUNDRED
 EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS  OF  TWO
 THOUSAND TWENTY-THREE THAT AMENDED THIS PARAGRAPH.
   9.  No  person shall return or assist another to return to a dealer or
 redemption center an empty beverage container for its  refund  value  if
 such  container had previously been accepted for redemption by a dealer,
 redemption center, or deposit initiator who initiates deposits on bever-
 age containers of the same brand.
   10. A redeemer, dealer, distributor or  redemption  center  shall  not
 knowingly  redeem  an  empty  beverage  container on which a deposit was
 never paid in New York state.
   11. Notwithstanding the  provisions  of  subdivision  two  of  section
 27-1009  of  this title, a deposit initiator or distributor shall accept
 and redeem beverage containers as provided in this title, if the  dealer
 or  operator  of  a  redemption  center shall have accepted and paid the
 refund value of such beverage containers.
   12. No person shall intentionally program, tamper with, render inaccu-
 rate, or circumvent the proper operation of a reverse vending machine to
 wrongfully elicit deposit monies  when  no  valid,  redeemable  beverage
 container has been placed in and properly processed by the reverse vend-
 ing machine.
   13. THE DEPARTMENT AND THE DEPARTMENT OF TAXATION AND FINANCE SHALL BE
 AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE.
   14.  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
 DEALER SHALL NOT BE REQUIRED TO ACCEPT FROM A REDEEMER ANY EMPTY  BEVER-
 AGE CONTAINER:
   (A)  AT  THE PREMISES OF A BREWERY, FARM BREWERY, CIDERY, FARM CIDERY,
 DISTILLERY, FARM DISTILLERY, MEADERY, FARM MEADERY,  WINERY,  OR  MICRO-
 WINERY,  AS  SUCH  TERMS  ARE  DEFINED BY SECTION THREE OF THE ALCOHOLIC
 BEVERAGE CONTROL LAW, WHERE SUCH DEALER IS LICENSED  TO  SELL  ALCOHOLIC
 BEVERAGES FOR CONSUMPTION OFF SUCH PREMISES;
   (B)  AT  ANY  PREMISES  SELLING  ALCOHOLIC  BEVERAGES FOR OFF-PREMISES
 CONSUMPTION PURSUANT TO A TEMPORARY LICENSE UNDER THE ALCOHOLIC BEVERAGE
 CONTROL LAW; OR
   (C) AT A FARMERS MARKET, AS SUCH TERM IS DEFINED BY THE DEPARTMENT  OF
 AGRICULTURE AND MARKETS.
   §  4.  Paragraph c of subdivision 3 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:
   c.  all withdrawals from the refund value account during such quarter,
 including all reimbursements paid pursuant to subdivision  two  of  this
 section,  all service charges on the account, PROVIDED THAT SUCH SERVICE
 S. 237--B                           7
 
 CHARGES DO NOT EXCEED THE MAXIMUM AMOUNT AUTHORIZED BY THE COMMISSIONER,
 and all payments made pursuant to subdivision four of this section; and
   § 5. Section 27-1014 of the environmental conservation law, as amended
 by  section  10 of part SS of chapter 59 of the laws of 2009, is amended
 to read as follows:
 § 27-1014. Authority to promulgate rules and regulations.
   In addition to the  authority  of  the  commissioner,  under  sections
 27-1007,  27-1009,  27-1012, and 27-1013 of this title, the commissioner
 shall have the power to promulgate rules and regulations  necessary  and
 appropriate for the administration of this title.
   §  6.  Section 27-1005 of the environmental conservation law, as added
 by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
 read as follows:
 § 27-1005. Refund value.
   No person shall sell or offer for sale a beverage  container  in  this
 state  unless  the  deposit  on  such  beverage container is or has been
 collected by a registered deposit initiator and  unless  such  container
 has  a  refund  value of not less than [five] TEN cents which is clearly
 indicated thereon as provided in section 27-1011 of this title.
   § 7. This act shall take effect one year after the date upon which  it
 shall have become a law.  Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2023-S237C (ACTIVE) - Details

See Assembly Version of this Bill:: A6353
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1003, 27-1005, 27-1007, 27-1012, 27-1013, 27-1014 & 27-1018, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2129, A5028
2021-2022: S9164, A10184
2025-2026: S5684, A6543

2023-S237C (ACTIVE) - Summary

Relates to returnable bottles; adds noncarbonated soft drinks, certain noncarbonated fruit or vegetable juices, coffee and tea beverages, carbonated fruit beverages and cider to the definition of "beverage"; provides that beginning April 1, 2026, the handling fee will be six cents for each beverage container accepted by a deposit initiator from a dealer or operator of a redemption center.

2023-S237C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S237C

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
returnable bottles; and to repeal section 27-1018 of such law relating
to the beverage container assistance program

 
PURPOSE:

The purpose of this bill is to incentivize more recycling of beverage
containers, and thereby reduce solid waste, through expansion of
containers eligible for a deposit and redemption under the current
Returnable Container Act (Bottle Bill). The bill would raise the deposit
refund value to ten cents, raise the handling fee incrementally, and
implement a grant program to assist redemption centers.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend § 27-1003(1) of the Environmental
Conservation Law (ECL) to include noncarbonated soft drinks, noncarbo-

nated fruit and vegetable juices containing less than 100% fruit or
vegetable juice, coffee and tea beverages, carbonated fruit beverages,
and cider under definition of beverage and remove the prohibition on the
redemption of water beverages with added sugar.

Section 2 of the bill would amend § 27-1003(1) of the ECL to include all
beverage containers which contain liquids for oral consumption within
the definition of "beverage" starting April 1, 2029. The following would
excluded from the definition of beverage: a drug regulated under the
Federal Food, Drug, and Cosmetic Act, 21 U.S.C.  301 et seq.; infant
formula; a meal replacement liquid; dairy products derived from animal
milk; plant-based dairy alternatives; and noncarbonated fruit or vegeta-
ble juices containing one hundred percent fruit or vegetable juice.

Section 3 of the bill would amend § 27-1003(12) of the ECL to expand the
definition of "reverse vending machine"(RVM) to include alternative
technology approved by the Commissioner of the Department of Environ-
mental Conservation (DEC) under a local solid waste management plan and
adds definitions of refillable beverage containers, return and reusable
systems, redemption rate, and recycling.

Section 4 of the bill would amend § 27-1007 of the ECL to increase
consumer protections including, for example protections for expiring
returned container scrip and receipts. This section would also modify
the container take-back requirements for small retail businesses of
10,000 square feet or less that primarily sell food or beverages for
consumption off premises, to provide greater flexibility. Additionally,
this section would increase the handling fee to five cents immediately,
six cents beginning April 1, 2026 and six and one half cent beginning
April 1, 2031. Finally, it would add provisions relating to recounts,
the loading and unloading of containers, and grant audit powers over
RVMs.

Section 5 of the bill would amend § 27-1011 of the ECL to require the
use of Universal Parcel Codes


Section 6 of the bill would amend § 27-1011 of the ECL to establish
phased-in minimum post-consumer content requirements for beverage
containers.

Section 7 of the bill would amend § 27-1012 of the ECL to transfer 5% of
additional unclaimed funds to the beverage container assistance fund.

Section 8 of the bill would amend § 27-1012(3) of the ECL to include new
information required on quarterly reports filed by deposit initiators to
provide that service charges do not exceed the maximum amount authorized
by the DEC Commissioner.

Section 9 of the bill would amend § 27-1012(4) of the ECL to create a
refillable bonus for deposit initiators which use refillable systems.

Section 10 of the bill would amend § 27-1012(7) of the ECL to require
DEC to publish a list of deposit initiators, covered products, and
redemption centers.

Section 11 of the bill would amend § 27-1014 of the ECL to authorize DEC
to promulgate regulations to implement the new provision.

Section 12 of the bill would amend § 27-1018 of the ECL to expand the
use of the beverage container assistance fund and sunset the fund in 15
years.

Section 13 of the bill would amend § 27-1013 of the ECL to allow DEC to
regulate for safe pick up and drop off.

Section 14 of the bill would amend § 27-1005 of the ECL to raise the
deposit refund value to ten cents beginning April 1, 2025.

Section 15 of the bill would repeal § 27-1018 on January 1, 2038.

Section 16 of the bill would provide the effective date.

 
JUSTIFICATION:

New York's Returnable Container Act ("The Bottle Bill"), first enacted
in 1982, has been the State's most successful recycling program.
According to the DEC, the Bottle Bill reduced curbside container litter
by 70 percent and has encouraged the recycling of billions of plastic,
glass, and aluminum containers. The Container Recycling Institute (CRI)
states that the over 11 million tons of containers recycled in New York
since the implementation of the Bottle Bill has reduced greenhouse gas
emissions equivalent to taking about 3 million cars off the road for a
year. CRI also makes the important point that the processing and sale of
recycled containers benefits New York's economy and secures jobs in the
recycling industry.

By expanding the Bottle Bill to include a much more inclusive list of
beverages, we can expect an even greater number of containers to be
recycled and an even greater reduction of container litter in our
streets. Additionally, in the face of a growing recycling crisis, an
expansion of the Bottle Bill would help ease the burden that municipal
recycling facilities are currently facing by keeping these materials out
of the traditional waste stream. The expansion would be phased in,
beginning primarily with the harder-to-manage glass and aluminum
containers and subsequently to PET and other plastics. This approach,
coupled with the post-consumer content requirements for beverage
containers will help ensure a continued market for beverage container
materials and provide an important step in decreasing reliance on
single-use plastic.  Raising the deposit to 10 cents will incentivize
the public to return empty beverage containers, reduce liter, and
provide additional income to individuals who collect and redeem such
containers.  Additionally, the delayed phase in will allow time for the
bottle return industry to prepare.

 
LEGISLATIVE HISTORY:

2023: S237B (MAY) REF TO ENCON

2022: S9164 (MAY) REF TO ENCON/A.10184 (Englebright) Ref to Encon

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect April 1, 2025; provided, however, that
section one of this act shall take effect April 1, 2016; provided
further that section two of this act shall take effect April 1, 2029;
provided, further, that the amendments to subdivision 6 of section
27-1007 of the environmental conservation law made by section four of
this act shall take effect immediately; provided further that section
fifteen of this act shall take effect January 1, 2038, with any proceeds
transferred to the environmental protection fund established pursuant to
section 92-s of the state finance law. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.

2023-S237C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  237--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. MAY, BRESLIN, BRISPORT, CLEARE, GONZALEZ, HINCHEY,
   HOYLMAN-SIGAL, JACKSON, KAVANAGH,  KRUEGER,  RAMOS,  RIVERA,  SALAZAR,
   SEPULVEDA, WEBB -- read twice and ordered printed, and when printed to
   be  committed  to  the  Committee  on  Environmental  Conservation  --
   reported favorably from said committee and committed to the  Committee
   on Finance -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  recommitted to the Committee on Environmental Conserva-
   tion in accordance with Senate Rule 6, sec. 8 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   returnable bottles; and to repeal section 27-1018 of such law relating
   to the beverage container assistance program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  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, is amended to read as follows:
   1. "Beverage" means carbonated soft drinks, NONCARBONATED SOFT DRINKS,
 NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING LESS THAN ONE HUNDRED
 PERCENT  FRUIT  OR VEGETABLE JUICE, COFFEE AND TEA BEVERAGES, CARBONATED
 FRUIT BEVERAGES, water, beer, other malt beverages, CIDER AS DEFINED  IN
 SECTION THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW, and [a] wine [prod-
 uct]  PRODUCTS as defined in [subdivision thirty-six-a of] section three
 of the alcoholic beverage control law. "Malt beverages" means any bever-
 age obtained by the alcoholic fermentation or infusion or  decoction  of
 barley, malt, hops, or other wholesome grain or cereal and water includ-
 ing,  but  not  limited  to ale, stout or malt liquor. "Water" means any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00531-17-4
 S. 237--C                           2
 
 beverage identified through the use of letters, words or symbols on  its
 product label as a type of water, including any flavored water or nutri-
 tionally  enhanced  water[,  provided,  however,  that  "water" does not
 include  any beverage identified as a type of water to which a sugar has
 been added].
   § 2. Subdivision 1 of section 27-1003 of the  environmental  conserva-
 tion  law,  as amended by section one of this act, is amended to read as
 follows:
   1.  "Beverage"  means  [carbonated  soft  drinks,  noncarbonated  soft
 drinks, noncarbonated fruit or vegetable juices containing less than one
 hundred  percent  fruit  or  vegetable  juice, coffee and tea beverages,
 carbonated fruit beverages, water, beer, other malt beverages, cider  as
 defined  in  section  three of the alcoholic beverage control law, and a
 wine product as defined in  section  three  of  the  alcoholic  beverage
 control  law.  "Malt beverages" means any beverage obtained by the alco-
 holic 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] ANY
 DRINKABLE  LIQUID INTENDED FOR HUMAN ORAL CONSUMPTION. THE TERM BEVERAGE
 DOES NOT INCLUDE: A DRUG REGULATED UNDER THE  FEDERAL  FOOD,  DRUG,  AND
 COSMETIC  ACT, 21 U.S.C. 301 ET SEQ.; INFANT FORMULA; A MEAL REPLACEMENT
 LIQUID; DAIRY PRODUCTS  DERIVED  FROM  ANIMAL  MILK;  PLANT-BASED  DAIRY
 ALTERNATIVES; AND NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING ONE
 HUNDRED PERCENT FRUIT OR VEGETABLE JUICE.
   §  3.  Subdivisions  8  and 12 of section 27-1003 of the environmental
 conservation law, subdivision 8 as added by chapter 200 of the  laws  of
 1982  and  subdivision 12 as added by section 3 of part SS of chapter 59
 of the laws of 2009, are amended and five new subdivisions 14,  15,  16,
 17 and 18 are added to read as follows:
   8. "Redeemer" means every person who demands the refund value provided
 for  herein  in exchange for the empty beverage container, REGARDLESS OF
 PERSONAL PURCHASE OF THE BEVERAGE CONTAINER, but  shall  not  include  a
 dealer as defined in subdivision four of this section.
   12.  "Reverse  vending  machine" means an automated device that uses a
 laser scanner, microprocessor, or other technology to accurately  recog-
 nize  the universal product code (UPC) on containers to determine if the
 container is redeemable and accumulates information regarding containers
 redeemed, including the number  of  such  containers  redeemed,  thereby
 enabling the reverse vending machine to accept containers from redeemers
 and  to  issue  LEGAL  TENDER OR a scrip [or], receipt, OR OTHER FORM OF
 CREDIT for their refund value.  SUCH  DEFINITION  SHALL  ALSO  APPLY  TO
 ALTERNATIVE TECHNOLOGY APPROVED BY THE COMMISSIONER PURSUANT TO SUBPARA-
 GRAPH  (III)  OF  PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 27-1007 OF
 THIS TITLE.  NOTHING IN THIS DEFINITION SHALL BE CONSTRUED TO RELIEVE  A
 DEALER  SPECIFIED  IN SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION
 ONE OF SECTION 27-1007 OF THIS TITLE OF THE REQUIREMENT  TO  PROVIDE  AN
 IMMEDIATE  FORM  OF  DEPOSIT REPAYMENT IF THE REVERSE VENDING MACHINE OR
 ALTERNATIVE TECHNOLOGY DOES NOT PROVIDE SUCH.
   14. "REFILLABLE BEVERAGE CONTAINER" MEANS ANY BEVERAGE CONTAINER WHICH
 IS SO CONSTRUCTED AND DESIGNED THAT IT IS STRUCTURALLY CAPABLE OF  BEING
 REFILLED AND RESOLD AT LEAST FIFTY TIMES BY A BEVERAGE MANUFACTURER, AND
 WHICH  THE BEVERAGE MANUFACTURER REQUIRES TO BE RETURNED FOR THE PURPOSE
 OF REFILLING AND RESALE.
 S. 237--C                           3
 
   15. "RETURN AND REUSABLE SYSTEM" MEANS A REFILLABLE BEVERAGE CONTAINER
 REUSE SYSTEM THAT FEATURES AN OPERATIONAL AND FINANCIAL  ARRANGEMENT  IN
 WHICH REFILLABLE BEVERAGE CONTAINERS ARE COLLECTED FOR WASHING AND REUS-
 ING.  THE DISTANCES BETWEEN EACH POINT OF THE SYSTEM SHALL BE NO GREATER
 THAN TWO HUNDRED MILES.
   16. "REDEMPTION RATE" MEANS THE PERCENTAGE OF BEVERAGE CONTAINERS SOLD
 THAT ARE REDEEMED FOR DEPOSIT VALUE.
   17. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
 COMPONENTS  OR  COMMODITIES  CONTAINED  IN  DISCARDS  FOR THE PURPOSE OF
 PREPARING THE MATERIALS, COMPONENTS, OR COMMODITIES FOR USE OR REUSE  IN
 NEW PRODUCTS OR COMPONENTS. "RECYCLING" SHALL NOT INCLUDE:
   (A)  ENERGY RECOVERY OR  ENERGY GENERATION BY ANY MEANS, INCLUDING BUT
 NOT LIMITED TO,  COMBUSTION,  INCINERATION,  PYROLYSIS,    GASIFICATION,
 SOLVOLYSIS, OR WASTE-TO-FUEL;
   (B)  ANY  CHEMICAL  CONVERSION  PROCESS; OR
   (C) LANDFILL DISPOSAL.
   18.  "RECYCLING  RATE"  MEANS  THE  PERCENTAGE  OF  REDEEMED  BEVERAGE
 CONTAINERS THAT ARE ULTIMATELY RECYCLED. THE  RECYCLING  RATE  SHALL  BE
 CALCULATED  AS THE TOTAL WEIGHT OF BEVERAGE CONTAINERS THAT ARE RECYCLED
 IN A GIVEN YEAR DIVIDED BY  THE  TOTAL  WEIGHT  OF  BEVERAGE  CONTAINERS
 GENERATED BY A DISTRIBUTOR IN THAT YEAR.
   §  4.  Section 27-1007 of the environmental conservation law, as added
 by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
 of subdivision 1 as amended by chapter 459 of  the  laws  of  2011,  and
 subdivision 12 as added by section 3 of part F of chapter 58 of the laws
 of 2013, is amended to read as follows:
 § 27-1007. Mandatory acceptance.
   Except as provided in section 27-1009 of this title:
   1.  (a)  A  dealer shall accept at [his or her] SUCH DEALER'S 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  days without requiring the purchase of other goods.  IN THE EVENT
 SUCH SCRIP OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT MUST  INDICATE  ANY
 EXPIRATION  DATE  AND THE DEALER MUST POST A CONSPICUOUS SIGN INDICATING
 HOW MANY DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR  LEGAL
 TENDER.  IF  SUCH NOTIFICATION IS NOT PROVIDED, A DEALER MUST REDEEM THE
 FULL REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use  or
 presence  of a reverse vending machine shall not relieve a dealer of any
 obligations imposed pursuant to this section. If  a  dealer  utilizes  a
 reverse  vending  machine to redeem containers, the dealer shall provide
 redemption 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.  ALL DEALERS AND REDEMPTION CENTERS SHALL PROVIDE  CONSUM-
 ERS THE ABILITY TO RECYCLE ANY CONTAINERS DEEMED UNREDEEMABLE.
   (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 has at least: (i) forty thousand but  less  than
 sixty  thousand  square  feet  devoted to the display of merchandise for
 S. 237--C                           4
 
 sale to the public shall install and maintain at least two reverse vend-
 ing machines at the dealer's place of business; (ii) sixty thousand  but
 less  than  eighty-five  thousand  square feet devoted to the display of
 merchandise  for  sale to the public shall install and maintain at least
 three reverse vending machines at the dealer's  place  of  business;  or
 (iii)  eighty-five  thousand  square  feet  devoted  to  the  display of
 merchandise for sale to the public shall install and maintain  at  least
 four  reverse  vending  machines  at the dealer's place of business. The
 requirements of [paragraph (b) of] this subdivision to install and main-
 tain reverse vending machines shall not apply  to  a  dealer  that:  (i)
 sells  only  beverage  containers  of  twenty  ounces or less where such
 beverage containers are packaged in  quantities  fewer  than  six;  (ii)
 sells  beverage  containers and devotes no more than five percent of its
 floor space to the display and sale of consumer commodities, as  defined
 in section two hundred fourteen-h of the agriculture and markets law; or
 (iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
 provide consumers with an alternative technology that: (A) determines if
 the container is redeemable,  (B)  provides  protections  against  fraud
 through  a  system that validates each container redeemed by reading the
 universal product code and, except with respect to  refillable  contain-
 ers,  renders  the  container  unredeemable, (C) accumulates information
 regarding containers redeemed, and (D) issues legal tender, or a  scrip,
 receipt,  or  other  form  of  credit  for the refund value, that can be
 exchanged for legal tender for a period of  not  less  than  sixty  days
 without  requiring  the purchase of other goods AND INCLUDES ANY EXPIRA-
 TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT.  Notwithstand-
 ing  the foregoing, if the alternative technology does not allow consum-
 ers to immediately obtain the refund value of the redeemed container,  a
 dealer  shall be permitted to deploy such alternative technology only if
 it also offers an alternative that allows consumers to conveniently  and
 immediately  obtain  such refund value through a reverse vending machine
 or other alternative method.
   (c) 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
 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)  For  the purposes of this subdivision on any day that a dealer 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.
   2. A dealer shall post a conspicuous sign, at the point of sale,  that
 states:
                      "NEW YORK BOTTLE BILL OF RIGHTS
 
  STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
          THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 S. 237--C                           5

 YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
 ACT:
   THE  RIGHT  to  return your empties for refund to any dealer who sells
 the same brand, type and size, whether you bought the beverage from  the
 dealer  or  not.  It is illegal to return containers for refund that you
 did not pay a deposit on in New York state.
   THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
 purchase.
   THE  RIGHT  to  return  your empties any day, any hour, except for the
 first and last hour of the dealer's business day (empty  containers  may
 be redeemed at any time in 24-hour stores).
   THE  RIGHT  to  return  your  containers if they are empty and intact.
 Washing containers is not required by law, but is  strongly  recommended
 to maintain sanitary conditions.
   The New York state returnable container act can be enforced by the New
 York  state department of environmental conservation, the New York state
 department of agriculture and markets, the New York state department  of
 taxation and finance, the New York state attorney general and/or by your
 local government."
   Such  sign must be no less than eight inches by ten inches in size and
 have lettering a minimum of one quarter inch high, and of a color  which
 contrasts with the background. The department shall maintain a toll free
 telephone number for a "bottle bill complaint line" that shall be avail-
 able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
 violations  of  this  title. The telephone number shall be listed on any
 sign required by this section.
   3. On or after June first, two thousand nine, a dealer may  limit  the
 number of empty beverage containers to be accepted for redemption at the
 dealer's  place  of  business to no less than seventy-two containers per
 visit, per redeemer, per day, provided that:
   (a) The dealer has a written agreement with a redemption center, be it
 either at a fixed physical location within the same  county  and  within
 [one-half]  ONE  mile  of  the  dealer's  place of business, or a mobile
 redemption center, operated by a  redemption  center,  that  is  located
 within  one-quarter  mile of the dealer's place of business. The redemp-
 tion center must have a written agreement  with  the  dealer  to  accept
 containers on behalf of the dealer; and the redemption center's hours of
 operation  must cover at least [9:00 a.m. through 7:00 p.m.] EIGHT HOURS
 daily or in the case of a mobile redemption center, the hours of  opera-
 tion  must  cover  at least four consecutive hours between 8:00 a.m. and
 8:00 p.m.  daily. The dealer must post a  conspicuous,  permanent  sign,
 meeting  the  size and color specifications set forth in subdivision two
 of this section, open to public view, identifying the location and hours
 of operation of the affiliated redemption center  or  mobile  redemption
 center; and
   (b)  The  dealer provides, at a minimum, a consecutive two hour period
 between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept  up
 to  two  hundred  forty  containers,  per redeemer, per day, and posts a
 conspicuous, permanent sign, meeting the size and  color  specifications
 set forth in subdivision two of this section, open to public view, iden-
 tifying  those  hours. The dealer may not change the hours of redemption
 without first posting a thirty day notice; and
   (c) The dealer's primary business is the sale of food or beverages for
 consumption off-premises, and the dealer's place  of  business  is  less
 than ten thousand square feet in size.
 S. 237--C                           6
 
   4.  A  deposit  initiator  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, and shall pay the dealer or operator of a  redemption
 center  the  refund value of each such beverage container as established
 by section 27-1005 of this title. A deposit initiator shall  accept  and
 redeem  all  such  empty beverage containers from a dealer or redemption
 center without limitation on quantity.
   5. A deposit initiator's or distributor's failure  to  pick  up  empty
 beverage containers, including containers processed in a reverse vending
 machine,  from  a redemption center, dealer or the operator of a reverse
 vending machine, IN A TIMELY MANNER AND AT REASONABLE TIMES AS  PROVIDED
 BY  THE  DEPARTMENT  PURSUANT TO THE REGULATIONS PROMULGATED PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION shall be a  violation
 of this title.
   6.  In  addition to the refund value of a beverage container as estab-
 lished by section 27-1005 of this title, a deposit initiator  shall  pay
 to  any  dealer  or  operator  of  a redemption center a handling fee of
 [three and one-half] FIVE cents for each beverage container accepted  by
 the  deposit  initiator  from  such  dealer  or operator of a redemption
 center.  BEGINNING APRIL FIRST, TWO THOUSAND  TWENTY-SIX,  THE  HANDLING
 FEE SHALL BE SIX CENTS.  BEGINNING APRIL FIRST, TWO THOUSAND THIRTY-ONE,
 THE  HANDLING FEE SHALL BE SIX AND ONE-HALF CENTS. Payment of the handl-
 ing fee shall be as compensation for collecting, sorting  and  packaging
 of empty beverage containers for transport back to the deposit initiator
 or  its  designee. 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 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.
   7. A deposit initiator on a brand shall accept from a distributor  who
 does  not  initiate deposits on that brand any empty beverage containers
 of that brand accepted by the distributor from a dealer or operator of a
 redemption center and shall reimburse the distributor the  refund  value
 of  each  such  beverage container, as established by section 27-1005 of
 this title. In addition, the  deposit  initiator  shall  reimburse  such
 distributor  for  each  such  beverage container the handling fee estab-
 lished under subdivision six  of  this  section.  Without  limiting  the
 rights  of  the department or any person, firm or corporation under this
 subdivision or any other provision of this section, a distributor  shall
 have  a  civil  right  of action to enforce this subdivision, including,
 upon three days notice, the right to apply for temporary and preliminary
 injunctive relief against continuing violations, and until  arrangements
 for  collection  and return of empty containers or reimbursement of such
 distributor for such deposits and handling fees are made.
   8. It shall be the responsibility of the deposit initiator or distrib-
 utor to provide to a dealer or redemption center a sufficient number  of
 bags, cartons, or other suitable containers, at no cost, for the packag-
 ing,  handling  and  pickup  of  empty  beverage containers that are not
 redeemed through a  reverse  vending  machine.  The  bags,  cartons,  or
 containers must be provided by the deposit initiator or distributor on a
 schedule  that allows the dealer or redemption center sufficient time to
 sort the empty beverage containers prior  to  pick  up  by  the  deposit
 initiator or distributor. In addition:
 S. 237--C                           7
 
   (a)  When picking up empty beverage containers, a deposit initiator or
 distributor shall not require a dealer  or  redemption  center  to  load
 their  own  bags,  cartons or containers onto or into the deposit initi-
 ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
 equipment  needed  to  do  so.  HOWEVER,  WHERE  PALLETS OR SKIDS, BAGS,
 CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
 SIMILAR EQUIPMENT, A DEPOSIT INITIATOR  OR  DISTRIBUTOR  MAY  REQUIRE  A
 DEALER  OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING
 A FORKLIFT OR SIMILAR EQUIPMENT BELONGING TO THE  DEALER  OR  REDEMPTION
 CENTER  PROVIDED  THAT  SUCH EQUIPMENT AND APPROPRIATE STAFF ARE READILY
 AVAILABLE.
   (b) A  deposit  initiator  or  distributor  shall  not  require  empty
 containers  to be counted at a location other than the redemption center
 or dealer's place of business. The dealer  or  redemption  center  shall
 have the right to be present at the count. IN THE EVENT OF A DISCREPANCY
 BETWEEN  THE  COUNT  OF THE DEALER OR REDEMPTION CENTER AND THE COUNT OF
 THE DEPOSIT  INITIATOR  OR  DISTRIBUTOR  FOR  CONTAINERS  NOT  PROCESSED
 THROUGH  A  REVERSE  VENDING  MACHINE ALL SUCH EMPTY CONTAINERS SHALL BE
 RETAINED AND A RE-COUNT MAY BE REQUESTED. THE RE-COUNT MAY BE HELD AT  A
 LOCATION  OTHER THAN THE REDEMPTION CENTER OR DEALER'S PLACE OF BUSINESS
 ONLY IF THE DEALER OR REDEMPTION CENTER AGREES AND IS PRESENT.
   (c) A deposit initiator or distributor shall pick  up  empty  beverage
 containers  from  the dealer or redemption center IN A TIMELY MANNER AND
 at reasonable times [and intervals] as  determined  in  rules  or  regu-
 lations  promulgated  by  the  department NO LATER THAN APRIL FIRST, TWO
 THOUSAND TWENTY-SIX.
   9. No person shall return or assist another to return to a  dealer  or
 redemption  center  an  empty beverage container for its refund value if
 such container had previously been accepted for redemption by a  dealer,
 redemption center, or deposit initiator who initiates deposits on bever-
 age containers of the same brand.
   10.  A  redeemer,  dealer,  distributor or redemption center shall not
 knowingly redeem an empty beverage container  on  which  a  deposit  was
 never paid in New York state.
   11.  Notwithstanding  the  provisions  of  subdivision  two of section
 27-1009 of this title, a deposit initiator or distributor  shall  accept
 and  redeem beverage containers as provided in this title, if the dealer
 or operator of a redemption center shall  have  accepted  and  paid  the
 refund value of such beverage containers.
   12. No person shall intentionally program, tamper with, render inaccu-
 rate, or circumvent the proper operation of a reverse vending machine to
 wrongfully  elicit  deposit  monies  when  no valid, redeemable beverage
 container has been placed in and properly processed by the reverse vend-
 ing machine.
   13. THE DEPARTMENT AND THE DEPARTMENT  OF  TAXATION  AND  FINANCE  ARE
 AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE.
   14.  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
 DEALER SHALL NOT BE REQUIRED TO ACCEPT FROM A REDEEMER ANY EMPTY  BEVER-
 AGE  CONTAINER  AT  A  FARMERS'  MARKET  AS  SUCH TERM IS DEFINED BY THE
 DEPARTMENT OF AGRICULTURE AND MARKETS.
   § 5. Subdivision 1 of section 27-1011 of the  environmental  conserva-
 tion law is amended by adding a new paragraph c to read as follows:
   C. EACH BEVERAGE CONTAINER SOLD OR OFFERED FOR SALE IN THIS STATE THAT
 HAS  A  REFUND  VALUE PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, SHALL
 INCLUDE A UNIVERSAL PRODUCT CODE AND BARCODE PRINTED ON THE  LABEL  THAT
 IS  READABLE  BY REVERSE VENDING MACHINE OR ALTERNATIVE TECHNOLOGY. EACH
 S. 237--C                           8
 
 DEPOSIT INITIATOR SHALL PROVIDE SUCH UNIVERSAL PRODUCT CODE AND  BARCODE
 AND  OWNERSHIP AND PACKAGING INFORMATION OF ANY SUCH BEVERAGE CONTAINER,
 TO THE DEPARTMENT NOT LESS THAN FORTY-FIVE DAYS PRIOR  TO  SUCH  PRODUCT
 BEING OFFERED FOR SALE IN THE STATE. THE DEPARTMENT SHALL, NOT MORE THAN
 THIRTY  DAYS  AFTER  RECEIPT  OF SUCH INFORMATION, MAKE THIS INFORMATION
 READILY AVAILABLE TO ANY  REDEMPTION  CENTER,  REVERSE  VENDING  MACHINE
 SYSTEM  OPERATOR, DEPOSIT INITIATOR-AUTHORIZED CONTRACTED AGENTS, OR ANY
 OTHER APPROPRIATE STAKEHOLDER APPROVED BY THE DEPARTMENT.
   § 6. Paragraph (b) of subdivision 3 of section 27-1011 of the environ-
 mental conservation law, as added by section 1 of part PP of chapter  58
 of the laws of 2018, is amended and a new subdivision 4 is added to read
 as follows:
   (b)  comply with [minimum post-consumer recycled material content and]
 hole diameter limitations as defined in rules and regulations promulgat-
 ed  by  the  department  NO  LATER  THAN  APRIL  FIRST,   TWO   THOUSAND
 TWENTY-FIVE,  and  is  recyclable  and  indicates a resin identification
 code.
   4. EACH DISTRIBUTOR IS REQUIRED  TO  MEET  THE  FOLLOWING  PERFORMANCE
 REQUIREMENTS:  (A)  BEGINNING APRIL FIRST, TWO THOUSAND THIRTY, AT LEAST
 TWENTY-FIVE PERCENT OF ALL BEVERAGE CONTAINERS SOLD BY EACH  DISTRIBUTOR
 IN  THE  STATE  SHALL BE REFILLABLE CONTAINERS THAT ARE PART OF A RETURN
 AND REUSABLE SYSTEM. EACH DISTRIBUTOR SHALL WORK WITH  DEALERS,  REVERSE
 VENDING  MACHINE OWNERS, AND  REDEMPTION CENTERS TO ENSURE THAT REFILLA-
 BLE BEVERAGE CONTAINERS SOLD BY THE  DISTRIBUTOR  ACHIEVE  AT  LEAST  AN
 EIGHTY PERCENT RETURN RATE.
   (B) (I) BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ALL DISTRIBU-
 TORS  OF  NON-REFILLABLE  BEVERAGE CONTAINERS SHALL REPORT THE RECYCLING
 RATE, BY MATERIAL TYPE, OF REDEEMED CONTAINERS TO THE DEPARTMENT.
   (II) BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-SIX, AT LEAST  SEVENTY
 PERCENT OF THE REDEEMED BEVERAGE CONTAINER MATERIAL SHALL BE RECYCLED.
   (III)  BEGINNING  APRIL  FIRST,  TWO  THOUSAND  TWENTY-EIGHT, AT LEAST
 EIGHTY PERCENT OF THE REDEEMED  BEVERAGE  CONTAINER  MATERIAL  SHALL  BE
 RECYCLED.
   (IV)  BEGINNING  APRIL  FIRST,  TWO  THOUSAND  THIRTY, AT LEAST NINETY
 PERCENT OF THE REDEEMED BEVERAGE CONTAINER MATERIAL, INCLUDING  BEVERAGE
 CONTAINER CAPS, LIDS, AND OTHER RIGID SEALERS, SHALL BE RECYCLED.
   §  7.    Subdivision   5   of   section   27-1012 of the environmental
 conservation law, as amended by section 2 of part JJ of  chapter  58  of
 the laws of 2017, is amended to read as follows:
   5. All moneys collected or received by the department of taxation  and
 finance  pursuant  to this title shall be deposited to the credit of the
 comptroller with such responsible banks, banking houses or trust  compa-
 nies  as  may  be  designated by the comptroller. Such deposits shall be
 kept separate and apart from all other moneys in the possession  of  the
 comptroller.  The  comptroller  shall require adequate security from all
 such depositories. Of the total revenue collected, the comptroller shall
 retain the amount determined by the commissioner of taxation and finance
 to be necessary for refunds out of which the comptroller  must  pay  any
 refunds  to which a deposit initiator may be entitled.  OF  THE  REVENUE
 REMAINING FOLLOWING PAYMENTS  OF  ANY  REFUNDS,  THE  COMPTROLLER  SHALL
 RETAIN  AN  AMOUNT EQUAL TO FIVE PERCENT OF THE TOTAL  FOR  THE BEVERAGE
 CONTAINER ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO SECTION 27-1018  OF
 THIS  TITLE.  After reserving the amount to pay refunds, the comptroller
 must, by the tenth day of each month, pay into the state treasury to the
 credit of the general fund the revenue deposited under this  subdivision
 during  the  preceding calendar month and remaining to the comptroller's
 S. 237--C                           9
 
 credit on the last day of that preceding month; provided, however, that,
 beginning April first, two thousand thirteen, nineteen million  dollars,
 and  all  fiscal years thereafter, twenty-three million dollars plus all
 funds received from the payments due each fiscal year pursuant to subdi-
 vision  four  of  this  section  in  excess of the greater of the amount
 received from April first, two thousand  twelve  through  March  thirty-
 first,  two  thousand  thirteen  or  one  hundred twenty-two million two
 hundred thousand dollars, shall be deposited to the credit of the  envi-
 ronmental  protection  fund established pursuant to section ninety-two-s
 of the state finance law.
   § 8. Paragraph c of subdivision 3 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 and a new subdivision  13  is  added  to
 read as follows:
   c.  all withdrawals from the refund value account during such quarter,
 including all reimbursements paid pursuant to subdivision  two  of  this
 section,  all service charges on the account, PROVIDED THAT SUCH SERVICE
 CHARGES DO NOT EXCEED THE MAXIMUM AMOUNT AUTHORIZED BY THE COMMISSIONER,
 and all payments made pursuant to subdivision four of this section; and
   13. ANNUALLY THE DEPARTMENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF
 TAXATION  AND  FINANCE,  SHALL  USE  AVAILABLE INFORMATION TO PRODUCE AN
 ANNUAL REPORT AT A MINIMUM CONTAINING INFORMATION ON  REDEMPTION  RATES,
 CONTAINER  MATERIAL  TYPES BY PERCENT USAGE, REFILLABLE CONTAINER USAGE,
 FRAUD AND ENFORCEMENT ACTIONS, AN  ANALYSIS  OF  THE  HANDLING  FEE  AND
 CONSUMER  PRICE  INDEX,  AND  INFORMATION  ON  HOW THIS PROGRAM HELPS TO
 ACHIEVE THE TARGETS OF CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO  THOU-
 SAND  NINETEEN.    SUCH  REPORT SHALL BE SHARED WITH THE LEGISLATURE AND
 POSTED PUBLICLY ON THE DEPARTMENT'S WEBSITE.
   § 9. Paragraph a of subdivision 4 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. Quarterly payments. An  amount  equal  to  eighty  percent  of  the
 balance  outstanding  in  the  refund value account at the close of each
 quarter shall be paid to the commissioner of taxation and finance at the
 time the report provided for in subdivision three  of  this  section  is
 required  to  be  filed.  The  commissioner  of taxation and finance may
 require that the payments be made electronically. The  remaining  twenty
 percent of the balance outstanding at the close of each quarter shall be
 the  monies  of  the  deposit  initiator  and may be withdrawn from such
 account by the deposit initiator.   HOWEVER,  A  DEPOSIT  INITIATOR  WHO
 INITIATES DEPOSITS ON REFILLABLE BEVERAGE CONTAINERS WHICH ARE PART OF A
 RETURN  AND  REUSABLE  SYSTEM  MAY BE ENTITLED TO PAY AN AMOUNT EQUAL TO
 SEVENTY-FIVE PERCENT OF THE BALANCE  OUTSTANDING  IN  THE  REFUND  VALUE
 ACCOUNT  SPECIFICALLY  ATTRIBUTABLE TO REFILLABLE BEVERAGE CONTAINERS AT
 THE CLOSE OF EACH QUARTER TO THE COMMISSIONER OF TAXATION AND FINANCE AT
 THE TIME THE REPORT PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION IS
 REQUIRED TO   BE FILED. THE DEPARTMENT SHALL  PROMULGATE  RULES  ON  THE
 ELIGIBILITY OF DEPOSIT INITIATORS FOR SUCH REFILLABLE BEVERAGE CONTAINER
 BONUS.  If  the  provisions of this section with respect to such account
 have not been fully complied with, each deposit initiator shall  pay  to
 such  commissioner  at such time, in lieu of the amount described in the
 preceding sentence, an amount equal to the balance which would have been
 outstanding on such date had such provisions been fully  complied  with.
 The  commissioner  of taxation and finance may require that the payments
 be made electronically.
 S. 237--C                          10
 
   § 10. Paragraph a of subdivision 7 of section 27-1012 of the  environ-
 mental  conservation  law, as amended 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 collect-
 ing any deposits as such a deposit initiator. Such application shall  be
 in  a  form  prescribed  by the commissioner of taxation and finance and
 shall require such information deemed to be necessary for proper  admin-
 istration  of  this  title. The commissioner of taxation and finance may
 require that applications for registration must be  submitted  electron-
 ically.  The  commissioner  of taxation and finance shall electronically
 issue a deposit initiator registration 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  regis-
 tration  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 procedures specified by the commissioner
 of taxation and finance. The commissioner of taxation and finance  shall
 furnish to the commissioner a complete list of registered deposit initi-
 ators  and  shall continually update such list as warranted. The commis-
 sioner shall share any information with the commissioner of taxation and
 finance that is necessary for the administration  of  this  subdivision.
 THE COMMISSIONER SHALL PUBLISH THE LIST OF REGISTERED DEPOSIT INITIATORS
 AND  THEIR COVERED PRODUCTS, AND A LIST OF REGISTERED REDEMPTION CENTERS
 ON THE DEPARTMENT'S WEBSITE.
   § 11. Section  27-1014  of  the  environmental  conservation  law,  as
 amended  by  section 10 of part SS of chapter 59 of the laws of 2009, is
 amended to read as follows:
 § 27-1014. Authority to promulgate rules and regulations.
   In addition to the  authority  of  the  commissioner,  under  sections
 27-1007,  27-1009  [and], 27-1011, 27-1012, 27-1013, AND 27-1018 of this
 title, the commissioner shall have the power  to  promulgate  rules  and
 regulations  necessary  and  appropriate  for the administration of this
 title.
   § 12. Section 27-1018 of the environmental conservation law, as  added
 by  section  13 of part SS of chapter 59 of the laws of 2009, is amended
 to read as follows:
 § 27-1018. Beverage container assistance program.
   Notwithstanding any other provision of law to the contrary, WITHIN THE
 AMOUNTS RETAINED BY THE COMPTROLLER FOR USE UNDER THE BEVERAGE CONTAINER
 ASSISTANCE  PROGRAM  PURSUANT  TO SUBDIVISION FIVE OF SECTION 27-1012 OF
 THIS TITLE, AND  within  the  limits  of  appropriations  therefor,  the
 commissioner  shall  make  state  assistance payments to municipalities,
 QUALIFYING SMALL businesses, and not-for-profit organizations located in
 the state, UPON APPLICATION, for the cost AND  INSTALLATION  of  reverse
 vending  machines  located  or  to  be  located in the state. Such state
 assistance payments shall not exceed  fifty  percent  of  the  costs  of
 equipment,  [and/or  the acquisition] INSTALLATION and/or rehabilitation
 of real property or structures located or to be  located  in  the  state
 related  to  the  collecting,  sorting,  and packaging of empty beverage
 containers subject to the provisions of this title. [Such  payments  may
 S. 237--C                          11

 include  costs  related  to  the  establishment  of  redemption centers,
 including mobile redemption centers.] For the purposes of this  section,
 municipalities  and  not-for-profit organizations shall have the meaning
 as  defined in section 54-0101 of this chapter and QUALIFIED SMALL busi-
 nesses shall mean  a  dealer[,  distributor]  or  redemption  center  as
 defined in this title that employs less than fifty employees. PREFERENCE
 FOR  THESE FUNDS SHALL BE GIVEN TO REGISTERED REDEMPTION CENTERS THAT DO
 NOT UTILIZE ANY REVERSE VENDING MACHINES.  PREFERENCE  FOR  THESE  FUNDS
 SHALL  ALSO BE GIVEN TO MUNICIPALITIES, NOT-FOR-PROFIT ORGANIZATIONS, OR
 QUALIFIED SMALL BUSINESSES THAT DO  NOT  HAVE  A  REGISTERED  REDEMPTION
 CENTER WITHIN ONE MILE.
   §  13. Subdivision 1 of section 27-1013 of the environmental conserva-
 tion law, as amended by section 7 of part F of chapter 58 of the laws of
 2013, is amended to read as follows:
   1. The commissioner is hereby empowered to promulgate rules and  regu-
 lations  governing  (a)  the  circumstances in which deposit initiators,
 dealers and distributors, individually or collectively, are required  to
 accept  the  return  of  empty  beverage  containers, including beverage
 containers processed through reverse vending machines and  make  payment
 therefor; (b) the sorting of the containers which a deposit initiator or
 distributor  may  require  of  dealers  and  redemption centers; (c) the
 collection of returned beverage  containers  by  deposit  initiators  or
 distributors, including the party to whom such expense is to be charged,
 the  frequency  of  such  pick ups, A PROCESS FOR SAFE PICK UPS, and the
 payment for refunds and handling fees thereon; (d) the right of  dealers
 to  restrict  or  limit the number of containers redeemed, the rules for
 redemption at the dealers' place of  business,  and  the  redemption  of
 containers  from  a beverage for which sales have been discontinued; (e)
 [to] THE RIGHT OF REDEMPTION CENTERS TO HAVE  TIMELY,  TRANSPARENT,  AND
 SAFE  PICK UPS AND TRANSPARENT VERIFICATION OF CONTAINER COUNTS; (F) THE
 DEPARTMENT SHALL issue registrations to persons, firms  or  corporations
 which  establish redemption centers, subject to applicable provisions of
 local and state laws, at which redeemers and dealers  may  return  empty
 beverage  containers  and  receive  payment  of the refund value of such
 beverage containers[. Such], SUBJECT TO A REVIEW THAT  CONSIDERS  SAFETY
 AND  ACCESSIBILITY,  AND  SHALL  BE RENEWED EVERY TEN YEARS. AS OF APRIL
 FIRST, TWO THOUSAND TWENTY-SIX, SUCH SUCH registrations shall be  issued
 at  [no  cost] THE COST OF ONE HUNDRED FIFTY DOLLARS. Should the depart-
 ment require [by] ANY ADDITIONAL regulations adopted  pursuant  to  this
 paragraph  [that  redemption  centers  must  obtain  a registration as a
 condition of operation,] any redemption center in business as of  [March
 first, two thousand thirteen] APRIL FIRST, TWO THOUSAND TWENTY-FIVE that
 previously  provided  the  department  with the notification information
 required by regulations in effect as of such date may continue to  oper-
 ate  as  if the department had issued such redemption center a registra-
 tion required by regulations adopted  under  this  paragraph;  provided,
 however,  that  such redemption center shall provide the department with
 any other information required by regulations adopted pursuant  to  this
 paragraph.    The  department  may,  after due notice and opportunity of
 hearing, pursuant to the provisions of section 71-1709 of this  chapter,
 deny  an application or revoke a registration. In determining whether or
 not to revoke a registration the commissioner shall at a  minimum,  take
 into  consideration  the  compliance  history  of a violator, good faith
 efforts of a violator to comply, any economic benefit from noncompliance
 and whether the violation was procedural in nature.  The  commissioner's
 determination  to revoke a registration is subject to review under arti-
 S. 237--C                          12
 
 cle seventy-eight of the civil practice law and rules; [and (f)] (G) the
 operation of mobile redemption centers in order to ensure  that  to  the
 best extent practicable containers are not proffered for redemption to a
 deposit  initiator  or  distributor outside of the geographic area where
 such deposit initiator sells  containers  and  initiates  deposits;  (H)
 YEARLY  INFORMATION  PROVIDED TO THE DEPARTMENT FROM DEALERS AND REDEMP-
 TION CENTERS INCLUDING NUMBER  OF  CONTAINERS  REDEEMED  AND  ANY  OTHER
 INFORMATION  REQUIRED  BY  THE  DEPARTMENT;  AND  (I) CLIMATE MITIGATION
 INCLUDING TARGETS WITHIN CHAPTER ONE HUNDRED SIX  OF  THE  LAWS  OF  TWO
 THOUSAND  NINETEEN  AND  RECOMMENDATIONS ON IMPROVING REDEEMED CONTAINER
 RECYCLING RATES.
   § 14.  Section 27-1005 of the environmental conservation law, as added
 by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
 read as follows:
 § 27-1005. Refund value.
   No person shall sell or offer for sale a beverage  container  in  this
 state  unless  the  deposit  on  such  beverage container is or has been
 collected by a registered deposit initiator and  unless  such  container
 has  a  refund  value  of  not less than five cents, AND BEGINNING APRIL
 FIRST, TWO THOUSAND TWENTY-SIX, A REFUND VALUE  OF  NOT  LESS  THAN  TEN
 CENTS, which is clearly indicated thereon as provided in section 27-1011
 of this title.
   §  15.  Section  27-1018  of  the  environmental  conservation  law is
 REPEALED.
   § 16. This act shall take effect April  1,  2025;  provided,  however,
 that  section one of this act shall take effect April 1, 2026; provided,
 further, that section two of this act shall take effect April  1,  2029;
 provided,  further,  that  the  amendments  to  subdivision 6 of section
 27-1007 of the environmental conservation law made by  section  four  of
 this  act  shall  take  effect  immediately; and provided, further, that
 section fifteen of this act shall take effect January 1, 2038, with  any
 proceeds  transferred  to  the environmental protection fund established
 pursuant to section 92-s of the state finance law. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.

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Senate Bill S237C

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Mar 14, 2023 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Mar 14, 2023

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2023-S237 - Details

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2023-S237C (ACTIVE) - Details

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2023-S237 - Details

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2023-S237A - Details

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2023-S237C (ACTIVE) - Details

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