Assembly Bill A6267

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6267
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2025
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   handling  fee  paid to a dealer or operator of a redemption center for
   the redemption of empty beverage containers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of  section  27-1007 of the environmental
 conservation law, as added by section 4 of part SS of chapter 59 of  the
 laws of 2009, is amended to read as follows:
   6.  (A)  In  addition  to  the refund value of a beverage container as
 established 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.
 BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THE HANDLING FEE  SHALL
 BE SIX CENTS AND SHALL BE ADJUSTED PERIODICALLY THEREAFTER IN ACCORDANCE
 WITH PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. 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  bever-
 age container is considered a dealer only for the purpose of receiving a
 handling fee from a deposit initiator.
   (B)  BEGINNING  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, EACH
 YEAR A NEW FEDERAL OR NEW YORK STATE MINIMUM WAGE IS TO TAKE EFFECT, BUT
 NOT LATER THAN THE DATE THAT THE NEW FEDERAL OR NEW YORK  STATE  MINIMUM
 WAGE  IS  TO  TAKE EFFECT, THE COMMISSIONER SHALL DETERMINE THE HANDLING
 FEE TO BE IN EFFECT PURSUANT TO THIS SUBDIVISION. SUBJECT  TO  PARAGRAPH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05235-02-5
              

 A. 6267                             2
 
 (C)  OF  THIS  SUBDIVISION, THE HANDLING FEE DETERMINED PURSUANT TO THIS
 SUBDIVISION SHALL BE:
   (I)  NOT  LESS  THAN THE AMOUNT IN EFFECT ON THE DATE OF SUCH DETERMI-
 NATION;
   (II) INCREASED FROM SUCH AMOUNT BY  THE  PERCENTAGE  INCREASE  IN  THE
 NEWLY EFFECTIVE FEDERAL OR NEW YORK STATE MINIMUM WAGE; AND
   (III) ROUNDED TO THE NEAREST MULTIPLE OF $0.005.
   (C)  THE  HANDLING  FEE  SHALL  ONLY  BE  INCREASED  BY THE PERCENTAGE
 INCREASE IN A NEWLY EFFECTIVE FEDERAL MINIMUM WAGE PURSUANT TO PARAGRAPH
 (B) OF THIS SUBDIVISION IF THE FEDERAL MINIMUM WAGE IS SET AT AN  AMOUNT
 HIGHER THAN THE NEW YORK STATE MINIMUM WAGE. IF THE FEDERAL MINIMUM WAGE
 IS NOT SET AT AN AMOUNT HIGHER THAN THE NEW YORK STATE MINIMUM WAGE, THE
 HANDLING  FEE  SHALL  BE INCREASED ONLY BY THE PERCENTAGE OF INCREASE IN
 THE NEW YORK STATE MINIMUM WAGE TAKING EFFECT IN SUCH YEAR. IF  A  NEWLY
 EFFECTIVE  NEW  YORK  STATE  MINIMUM WAGE INCREASES BASED ON A WAGE RATE
 SCHEDULE THAT VARIES THROUGHOUT NEW  YORK  STATE,  THEN  THE  PERCENTAGE
 INCREASE  TO  BE USED FOR CALCULATING THE HANDLING FEE SHALL BE BASED ON
 THE WAGE RATE APPLICABLE TO CITY  OF  NEW  YORK  EMPLOYERS  WITH  ELEVEN
 EMPLOYEES OR MORE.
   § 2. This act shall take effect immediately.