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Sponsors
2 Co-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law and the state finance law, in relation to returnable beverage containers; and to repeal sections 27-1005 and 27-1007 and subdivision 2 of section 27-1011 of the environmental conservation law relating thereto
Purpose or general idea of bill
This bill would expand the bottle law to include: non-carbonated flavored drinks and bottled waters, frozen or powdered concentrates, fresh milk, milk substitutes, drinks which contain 70% or more natural fruit or vegetable juices, and medicines not considered beverages. Additionally the bill would increase the bottle deposit from five cents to ten cents. On unclaimed deposits the state would retain five cents and the deposit initiator five cents on beverage containers. The money retained by the deposit initiator is to help cover the cost of the handling fee on returned beverage containers. The handling fee paid to the retailer would be increased from two cents to two and one-half cents.
The bill would provide that the State's share of the unclaimed deposits would be deposited into the Environmental Protection Fund. Finally, the bill would provide that the additional EPF monies be distributed to municipalities according to population for any municipal, non-hazardous landfill closure project, waste reduction or recycling project, park project, historic preservation project, heritage area project, or local waterfront revitalization project.
Read the full memo (994 words)
Summary of specific provisions
Section 1. Amends the legislative findings of the 1982 New York state returnable container act (RCA), section 27-1001 of the environmental conservation law (ECL).
§ 2. Amends subdivision 1 of section 27-1003 of the ECL to include: non-carbonated flavored drinks and bottled water to the definition of beverage under the RCA. Excluded from this definition are: frozen or powdered concentrates, fresh milk, milk substitutes, drinks which contain seventy per cent or more of natural fruit or vegetable juices and medicines.
§ 3. Adds five new subdivisions 12, 13, 14, 15 and 16 to section 27-1003 of the ECL to define: beverage manufacturer, refund value, reverse vending machine, and third party agent.
§ 4. REPEALS sections 27-1005 and 27-1007 of the ECL and adds new sections 27-1005 and 27-1007. Section 27-1005 provides that beverages sold in New York State must have a refund value of not less than 10 cents and the refund value must be clearly indicated on the container. Section 27-1007 articulates the process by which bottles are redeemed. In addition, it places restrictions on the number of returnables that may be returned in cities with a population of one million or more.
§ 5. Amends section 27-1009 of the ECL to replace the term distributor with deposit initiator or' agent acting on behalf of a deposit initiator.
§ 6. REPEALS subdivision 2 of section 27-1011 of the ECL and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
§ 7. Amends section 27-1013 of the ECL to replace the term distributor with deposit initiator or agent acting on behalf of a deposit initiator.
§ 8. Adds a new section 27-1012 to the ECL to establish a refund value account, which is composed of the money the deposit initiators collect for deposit, and establishes the account in trust for the state. This section also sets up the rules and regulations regarding t,he account, the account's maintenance, and penalties for those who fail to follow the law.
§ 9. Amends section 92-s of the state finance law to add a new unclaimed beverage container deposits state assistance to municipalities account in the Environmental Protection Fund. Additionally, the additional EPF monies would be distributed to municipalities according to population for any municipal, non-hazardous landfill closure project, waste reduction or recycling project, park project, historic preservation. project, heritage area project, or local waterfront revitalization project.
§ 10. Adds a new section 27-1016 to the EeL to deal with unclaimed deposits on beverage containers. This section establishes that on unclaimed deposits the state will retain five cents and the deposit initiator five cents on beverage containers with a deposit of ten cents. Furthermore, the commissioner of taxation and finance will deposit up to $50 million into the EPF with any additional revenues to be deposited into the General Fund.
§ 11. Adds new sections 27-1018 and 27-1019 to the ECL. Section 27-1018 provides that distributor maintain record of all deposits initiated, redeemed, and all handling fees. Section 27-1019 insists a report of beverage container deposit and redemption statistics on or after October first of each year.
§ 12. Effective Date.
Justification
The success in cleaning up the environment of beverage containers that has already been met should be sufficient reason to broaden the types of containers which this law should regulate. On top of helping the state better manage its solid waste by requiring a deposit on most beverage containers, this bill increases the deposit, on beverage Containers as an added incentive for Customers to return their bottles for recycling. The current statute applies only to carbonated soft drinks, mineral water, beer and wine coolers, Thus, the law does not include bottled water, sports drinks, fruit juices, and other popular beverages that are now being sold in far greater quantities than when the returnable container law was first enacted. There is no substantive basis for exempting these containers, and this bill addresses this gap in the law by expanding the definition of "beverage" to include such drinks. The bill retains the current exemptions for milk, wine and liquor. This bill also retains the money from those beverage containers which aren't redeemed. and allows the deposit initiators to retain some of the unclaimed deposit money to pay the 3 cent handling fee, thereby removing the burden of this fee from the deposit initiators and ultimately from the cost the consumer pays.
Fiscal implications for state and local governments
There would be an annual increase of $50 million for local governments for projects funded by the Environmental Protection Fund.
Effective date
January 1st following enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.