NY State Senate Bill S3419A

Current Bill Status - Passed Senate

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

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2023	referred to environmental conservation delivered to assembly passed senate
Mar 13, 2023	amended on third reading 3419a
Feb 13, 2023	advanced to third reading
Feb 08, 2023	2nd report cal.
Feb 07, 2023	1st report cal.317
Jan 31, 2023	referred to environmental conservation

Votes

view votes

Apr 25, 2023 - floor Vote

S3419A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 7, 2023 - Environmental Conservation committee Vote

S3419

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S3419 - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7821
2021-2022: S1103

S3419 - Summary

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

S3419 - Sponsor Memo

 
BILL NUMBER: S3419

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to conduct a study to evaluate the fraud,
enforcement, and reporting requirements of the Returnable Container Act.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would establish the "bottle redemption fraud task
force".

Section 2 of this bill would establish the task force members, deter-
mines the level of compensation to members and explains how the task
force will fill any vacancies.

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

Section 4 of this bill provides that the effective date shall take
effect immediately and shall expire 24 months after it shall have become
a law when upon such date the provisions of this act shall be deemed
repealed.

 
JUSTIFICATION:

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

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

 
LEGISLATIVE HISTORY:

2021-22: S7821 (Kaminsky) - Advanced to Third Reading.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire 24 months after
it shall have become a law when upon such date the provisions of this
act shall be deemed repealed.

S3419 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3419
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to establish the bottle redemption fraud task force; and  provid-
   ing for the repeal of such provisions upon the expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislature hereby establishes  the  bottle  redemption
 fraud  task  force  (referred  to  hereinafter  as  the "task force") to
 conduct a comprehensive study of the fraud, enforcement,  and  reporting
 requirements related to the New York state returnable container act.
   §  2.  (a) Such task force shall consist of fifteen members that shall
 be appointed as follows:  the state attorney general or  his/her  desig-
 nee;  the  commissioner  of  the  department  of taxation and finance or
 his/her designee; the commissioner of the  department  of  environmental
 conservation  or  his/her  designee;  the  state  comptroller or his/her
 designee; the chairman of the state liquor authority or  his/her  desig-
 nee;  the  commissioner  of the department of agriculture and markets or
 his/her designee; one member shall be appointed by the  district  attor-
 neys  association  of  the  state  of  New  York;  two  members shall be
 appointed by the temporary president of the senate and two members shall
 be appointed by the speaker of the assembly, one shall be an  individual
 who represents a municipality, one shall be an individual who represents
 a deposit initiator, one shall be an individual who represents a redemp-
 tion  center,  and one shall be an individual who represents a wholesale
 distributor; and four members shall be appointed by  the  governor,  one
 shall  be an individual who represents a deposit initiator and one shall
 be an individual who represents a retailer.
   (b) The task force shall be chaired by the attorney general or his/her
 designee thereof.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07104-01-3
 S. 3419                             2

   (c) Members of the task force shall receive no compensation for  their
 services  but  shall be reimbursed for their actual expenses incurred in
 the performance of their duties in the work of the task force.
   (d)  Appointed  members shall, to the greatest extent practicable have
 by education or experience, knowledge of organized retail theft.
   (e) The task force is authorized to audit any reverse vending machine.
   § 3. Appointments shall be made within 60 days of the  effective  date
 of  this act. Any vacancies in the membership of the task force shall be
 filled in the same manner provided for in the initial appointment.
   § 4. The task force may  consult  with  any  organization,  government
 entity,  or  person,  in  the  development  of its report required under
 section five of this act.
   § 5. On or before one year after the effective date of this  act,  the
 task  force shall submit to the governor, the temporary president of the
 senate and the speaker of the assembly  a  report  containing,  but  not
 limited to, the following information based on available data:
   (a)  A  review  of  laws  and regulations regarding the New York state
 returnable container act  and  relevant  civil  and  criminal  penalties
 related to the act;
   (b)  The  need  for  interagency  coordination  of  public  education,
 outreach, and prevention programs for retail stores, redemption centers,
 municipalities, agents acting on behalf of the deposit  initiators  that
 provide pickup services, and any other identified entities;
   (c) The fiscal impact of fraudulent bottle redemptions and deposits in
 the state of New York;
   (d)  The  status of current enforcement efforts and recommendations on
 what could be done to improve enforcement,  including  the  addition  of
 more employees;
   (e) A review of inter-state bottle redemption fraud, including, to the
 extent  practicable, information on the number of containers that origi-
 nate from out-of-state shipments and a review of the practice of redeem-
 ing beverage containers purchased out-of-state; and
   (f) Recommended legislative, regulatory and enforcement  solutions  to
 address  fraudulent  bottle redemptions and deposits, including, but not
 limited to, inter-state initiatives.
   § 6. This act shall take effect immediately and shall expire 24 months
 after it shall have become a law when upon such date the  provisions  of
 this act shall be deemed repealed.

Co-Sponsors

S3419A (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7821
2021-2022: S1103

S3419A (ACTIVE) - Summary

S3419A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3419A

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to conduct a study to evaluate the fraud,
enforcement, and reporting requirements of the Returnable Container Act.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would establish the "bottle redemption fraud task
force".

Section 2 of this bill would establish the task force members, determine
the level of compensation to members and explain how the task force will
fill any vacancies.

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

Section 4 of this bill provides that the effective date shall take
effect immediately and shall expire 24 months after it shall have become
a law when upon such date the provisions of this act shall be deemed
repealed.

 
JUSTIFICATION:

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

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

 
LEGISLATIVE HISTORY:

2021-22: S7821 (Kaminsky) - Advanced to Third Reading.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire 24 months after
it shall have become a law when upon such date the provisions of this
act shall be deemed repealed.

S3419A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3419--A
     Cal. No. 317
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens. MANNION, PARKER -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation  --  reported  favorably  from said committee, ordered to
   first and second report, ordered  to  a  third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 AN  ACT to establish the bottle redemption fraud task force; and provid-
   ing for the repeal of such provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  legislature hereby establishes the bottle redemption
 fraud task force (referred  to  hereinafter  as  the  "task  force")  to
 conduct  a  comprehensive study of the fraud, enforcement, and reporting
 requirements related to the New York state returnable container act.
   § 2. (a) Such task force shall consist of seventeen members that shall
 be appointed as follows:  the state attorney general or  his/her  desig-
 nee;  the  commissioner  of  the  department  of taxation and finance or
 his/her designee; the commissioner of the  department  of  environmental
 conservation  or  his/her  designee;  the  state  comptroller or his/her
 designee; the chairman of the state liquor authority or  his/her  desig-
 nee;  the  commissioner  of the department of agriculture and markets or
 his/her designee; one member shall be appointed by the  district  attor-
 neys  association  of  the  state  of  New  York;  two  members shall be
 appointed by the temporary president of the senate and two members shall
 be appointed by the speaker of the assembly, one shall be an  individual
 who represents a municipality, one shall be an individual who represents
 a deposit initiator, one shall be an individual who represents a redemp-
 tion  center,  and one shall be an individual who represents a wholesale
 distributor; one member shall be appointed by the minority leader of the
 senate and one member shall be appointed by the minority leader  of  the
 assembly,  one  shall be an individual who represents a municipality and
 one shall be an individual who represents a redemption center;  and four
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07104-02-3
 S. 3419--A                          2
 
 members shall be appointed by the governor, one shall be  an  individual
 who  represents  a  deposit initiator and one shall be an individual who
 represents a retailer.
   (b) The task force shall be chaired by the attorney general or his/her
 designee thereof.
   (c)  Members of the task force shall receive no compensation for their
 services but shall be reimbursed for their actual expenses  incurred  in
 the performance of their duties in the work of the task force.
   (d)  Appointed  members shall, to the greatest extent practicable have
 by education or experience, knowledge of organized retail theft.
   (e) The task force is authorized to audit any reverse vending machine.
   § 3. Appointments shall be made within 60 days of the  effective  date
 of  this act. Any vacancies in the membership of the task force shall be
 filled in the same manner provided for in the initial appointment.
   § 4. The task force may  consult  with  any  organization,  government
 entity,  or  person,  in  the  development  of its report required under
 section five of this act.
   § 5. On or before one year after the effective date of this  act,  the
 task  force shall submit to the governor, the temporary president of the
 senate and the speaker of the assembly  a  report  containing,  but  not
 limited to, the following information based on available data:
   (a)  A  review  of  laws  and regulations regarding the New York state
 returnable container act  and  relevant  civil  and  criminal  penalties
 related to the act;
   (b)  The  need  for  interagency  coordination  of  public  education,
 outreach, and prevention programs for retail stores, redemption centers,
 municipalities, agents acting on behalf of the deposit  initiators  that
 provide pickup services, and any other identified entities;
   (c) The fiscal impact of fraudulent bottle redemptions and deposits in
 the state of New York;
   (d)  The  status of current enforcement efforts and recommendations on
 what could be done to improve enforcement,  including  the  addition  of
 more employees;
   (e) A review of inter-state bottle redemption fraud, including, to the
 extent  practicable, information on the number of containers that origi-
 nate from out-of-state shipments and a review of the practice of redeem-
 ing beverage containers purchased out-of-state; and
   (f) Recommended legislative, regulatory and enforcement  solutions  to
 address  fraudulent  bottle redemptions and deposits, including, but not
 limited to, inter-state initiatives.
   § 6. This act shall take effect immediately and shall expire 24 months
 after it shall have become a law when upon such date the  provisions  of
 this act shall be deemed repealed.

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The New York State Senate

senate Bill S3419A

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 25, 2023 - floor Vote

Floor Vote: Apr 25, 2023

Feb 7, 2023 - Environmental Conservation committee Vote

Committee Vote: Feb 7, 2023

Bill Amendments

Co-Sponsors

S3419 - Details

S3419 - Summary

S3419 - Sponsor Memo

S3419 - Bill Text download pdf

Co-Sponsors

S3419A (ACTIVE) - Details

S3419A (ACTIVE) - Summary

S3419A (ACTIVE) - Sponsor Memo

S3419A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3419A

Share this bill

Sponsored By

John W. Mannion

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 25, 2023 - floor Vote

Floor Vote: Apr 25, 2023

Feb 7, 2023 - Environmental Conservation committee Vote

Committee Vote: Feb 7, 2023

Bill Amendments

Co-Sponsors

Kevin S. Parker

S3419 - Details

S3419 - Summary

S3419 - Sponsor Memo

S3419 - Bill Text download pdf

Co-Sponsors

Patrick M. Gallivan

Kevin S. Parker

S3419A (ACTIVE) - Details

S3419A (ACTIVE) - Summary

S3419A (ACTIVE) - Sponsor Memo

S3419A (ACTIVE) - Bill Text download pdf

Comments