S T A T E O F N E W Y O R K
________________________________________________________________________
1534
2025-2026 Regular Sessions
I N S E N A T E
January 10, 2025
___________
Introduced by Sen. PARKER -- 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 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 7 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:
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. A DISTRIBUTOR MAY REIMBURSE THE REFUND VALUE TO EACH DEALER
OR REDEMPTION CENTER IN THE FORM OF EITHER CASH ON DELIVERY OR CREDIT
FOR IMMEDIATE USE FOR FILLED BEVERAGE CONTAINERS. HOWEVER, IF A DEALER'S
YEARLY PURCHASES FROM A DISTRIBUTOR ARE EQUAL TO OR GREATER THAN ONE
HUNDRED THOUSAND CASES, THEN A DISTRIBUTOR MUST MAKE SUCH REIMBURSEMENTS
TO THAT DEALER IN THE FORM OF EITHER CASH ON DELIVERY OR CREDIT FOR
IMMEDIATE USE FOR FILLED BEVERAGE CONTAINERS. In addition, the deposit
initiator shall reimburse such distributor for each such beverage
container the handling fee established 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 contin-
uing violations, and until arrangements for collection and return of
empty containers or reimbursement of such distributor for such deposits
and handling fees are made.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.