Relates to the effectiveness of the additional beverage containers to the environmental conservation law

1 Co-sponsor

• Liz Krueger

Title of bill

An act to amend chapter 59 of the laws of 2009, amending the environmental conservation law and the economic development law relating to including additional beverage containers, in relation to the effectiveness thereof; and to amend the environmental conservation law, in relation to the universal product code and the definition of beverage

Purpose of the bill

This bill will:

* delay the addition of bottled water to the State's "Bottle Bill" until October 1, 2009; * eliminate the requirement of a "New York Only" bar code on deposit containers; and * Amend the definition of beverage to simplify the addition of water to the State's "Bottle Bill."

Summary of provisions

Section 1 Amends subdivision 1 of section 16 of part SS of chapter 59 of the laws of 2009, amending the environmental conservation law and the economic development law to delay the addition of bottled water to the Returnable Beverage container Act to October 1, 2009.

§2. Amends subdivision 12 of section 27-1012 of the of the Environmental Conservation Law (ECL) to eliminate the requirement that deposit containers sold in New York State have a New York State specific universal product code (UPC). The requirement that container labels be registered and contain a UPC is extended from June 1st, 2009 to January 1st, 2010.

§3. Amends subdivision 1 of section 27-1003 of the environmental conservation law, as amended by section 2 of part SS of chapter 59 of the laws of 2009, to simplify the definition of beverage to eliminate the reference to water to which a sugar has been added.

§4. Provides the effective date.

Existing law

As passed in the budget and adopted by chapter 59 of the Laws of 2009, all water soda and beer containers must have a New York deposit label and a New York specific bar code on October 1, 2009.

Justification

Simply stated, the expanded Bottle Bill has been delayed because of insufficient lead time to implement the changes in labeling the product. Typically product is in the pipeline from bottler to retail for over 90 days. This was recognized by the legislature in 1983 where implementation of the original deposit law was delayed by three months to accommodate a sufficient lead in time. Less than one month is clearly insufficient. July 1, 2009 should be sufficient to have all water bottles properly labeled for sale in New York.

The New York specific universal product code (UPC or "bar code") is simply unworkable at every level, whether it be the bottler, the distributor wholesaler or retailer. While the intention of eliminating "transshipped" or out of state product sales in New York is laudable, the additional costs to consumers associated with creating new labels, "slotting," which essentially segregates New York product from all others in inventory, and reprogramming all code readers at retail, far outweigh the potential benefits.

Legislative history

New bill.

Fiscal implications

There will be some loss of revenue to the general fund due to the delay in the addition of water bottles to the State's Returnable container Act.

Effective date

This act shall take effect immediately; provided, however that the amendments to chapter 59 of the laws of 2009 made by section one of this act shall be deemed to have been in full force and effect on and after April 1, 2009.