Relates to returnable beverage containers; repealer

1 Co-sponsor

• Frank Padavan

Title of bill

An act to amend the environmental conservation law, the economic development law and the state finance law, in relation to returnable beverage containers; and to repeal sections 27-1005, 27-1007 and subdivision 2 of section 27-1011 of the environmental conservation law relating thereto

Purpose

To expand the bottle bill to cover all beverages with the exception of liquor, wine, infant formula, milk, rice milk, soy milk, nutritional supplements, medications, concentrates and soups; and to provide for the return of unclaimed deposits on beverage containers to the State for deposit into the Environmental Protection Fund (EPF).

Summary of provisions

The bill amends the ECL and the State Finance Law to provide for the expansion of the bottle bill and the recapture of unclaimed deposits. Specifically the bottle bill is expanded to cover all beverages, with the exception of liquor, wine, infant formula, milk, rice milk, soy milk, nutritional supplements, medications, concentrates and soups. Additionally, this portion of the bill would provide for a mechanism by which "deposit initiators" (bottlers, certain distributors and certain retailers) would be required to submit unclaimed deposits to the Department of Tax and Finance quarterly. These monies would be deposited in the EPF, and would be distributed regionally (by DEC region) proportionally to the amount that came in from each region (i.e. New York City unclaimed deposits would be returned to New York City and Long Island deposits would be returned to Long Island). The bill also increases the "handling fee" from two cents to three-and-a-half cents.

Justification

The bottle bill has been one of New York's most successful recycling initiatives. Not only has it reduced litter along our roadways and in our public spaces, but it has reduced the burden of solid waste disposal that is shouldered by our municipalities. Nonetheless, since enactment of the bottle bill in 1982, beverages such as bottled water, juices and teas have been introduced into the consumer stream and the containers have been introduced into the waste stream. It is time to update the bottle bill to include these new products, and this bill will accomplish that. As the need to fund environmental initiatives across New York State increases, it is time to dedicate the unclaimed deposits to such projects and programs. Right now the bottlers and distributors who initiate the deposit collection system enjoy a five-cent windfall for each container that is not returned. This bill would return those unclaimed deposits, which currently total at least $85 million annually, to the people of the State for environmental purposes.

Legislative history

S.3434, 2007-08; S.1290-D, 2005-06; S.1696-B, 2003-04; S.7521, 2001-02.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first day of January next succeeding the date on which it shall have become a law.