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S5459Senate2017-2018 SessionSame asA577

Change Bottle Return Payments

Official title

“Relates to the redemption of empty beverage containers”

Sponsor Kevin S. ParkerSD-21Affects Environment & Energy
Status
In Senate Committee
Environmental Conservation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Environmental Conservation

What's happening

This bill allows beverage distributors to reimburse dealers or redemption centers for empty containers with cash or immediate credit, and requires cash or credit reimbursement for dealers buying over 100,000 cases annually.

Why it matters

  1. Gives beverage dealers and redemption centers more immediate access to funds. by allowing distributors to reimburse them for empty containers with cash or instantly usable credit, potentially improving their cash flow and reducing delays.

  2. Mandates faster reimbursement for large-volume dealers. (those buying 100,000+ cases a year), which could benefit major supermarkets or chains by ensuring they aren’t financially burdened waiting for deposit refunds.

  3. May incentivize more efficient recycling operations. since quicker reimbursement could make it easier for dealers and redemption centers to manage the logistics and costs of container redemption, possibly leading to higher recycling rates and better compliance with bottle deposit laws.

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Who cares

Headline styles

Change Bottle Return Payments

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

No co-sponsors yet.

History

  1. Referred to environmental conservation
  2. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A577Assembly

Change Bottle Deposit Payments

In Assembly Committee · Environmental Conservation · Sponsor Robert J. Rodriguez

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5459

2017-2018 Regular Sessions

IN SENATE

March 29, 2017

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 Assembly, 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 continuing 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.

LBD03942-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the environmental conservation law, in relation to the redemption of empty beverage containers

Purpose or general idea of bill

The bill would amend the environmental conservation law in order to allow large volume dealers to collect bottle redemption deposits from distributors upon pick up in the same manner as these bottle redemptions are purchased from the same distributors.

Summary of specific provisions

Section 1 requires large distributors or their agents to make payments to the dealer according to the same terms imposed on the dealer for payment.

Section 2 provides for the effective date.

Justification

This legislation amends the bottle deposit law to allow large volume dealers to collect bottle redemption deposits from distributors upon pick up in the same manner as these bottle redemptions are purchased from the same distributors. This change will require wholesalers to pay collection fees in cash rather than credit, so retailers receive compensation faster. This update to redemption regulations brings us closer to achieving the state's environmental goals. In addition, the bill advances the economic interests of the city's smallest and most vulnerable retailers by providing them a needed redemption service so that deposit bottles and cans do not inundate smaller retailers.

Soda and beer companies that no longer have any real proprietary interest over redemption should not have veto power over redemption practices. New York State has the responsibility to account for the deposit containers and should encourage redemption centers because they promote environmental public policy goals and create economic incentives in low-income neighborhoods.

In addition, this legislation encourages recycling to the benefit of our treasury and environment. The redemption of returnable beverage containers has a budgetary impact since the state must pay for the bottles and cans that are not redeemed through the process above. Streamlining this redemption process will also increase recycling and diminish New York's carbon footprint.

Prior legislative history

None

Fiscal implications

None

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.