What's happening
This bill limits mandatory acceptance of empty beverage containers to larger businesses, with exceptions for city size and certain licenses.
Why it matters
Narrows which businesses must accept empty bottles for deposit refunds. , exempting smaller stores (under 2,000 square feet), larger stores (under 5,000 square feet with specific licenses), and any business located in a city with a population over one million (e.g., New York City). This could reduce convenience for consumers returning containers, especially in dense urban areas and at smaller retailers.
Alters consumer rights under the Bottle Bill. , as posted signage will now explicitly state that only certain larger dealers are required to accept returns, potentially confusing or disappointing consumers accustomed to universal acceptance.
Could impact recycling rates and access. , since fewer locations may be required to take back containers, possibly making it harder for some people—especially in cities or areas with mostly smaller retailers—to recycle and reclaim their deposits. This might disproportionately affect people without easy access to large stores.
May provide cost relief to small businesses. , who would no longer be obligated to manage bottle returns, storage, and redemption processes—tasks that can be resource-intensive for small retailers. This could shift the operational burden of the Bottle Bill more onto larger businesses.
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Who cares
Small beverage retailers
The bill would remove mandatory container acceptance for stores under 2,000 square feet, or under 5,000 square feet if licensed under article 20-C of the Agriculture and Markets Law.
Beverage retailers in cities with at least one million residents
The bill would exclude their locations from the requirement to accept empty beverage containers and pay refunds, regardless of store size.
Consumers redeeming beverage containers
The bill would narrow the retailers required to take back eligible empties and refund deposits.
Beverage dealers posting bottle bill notices
The bill would require their posted notices to describe the new store-size and city-population limits on mandatory acceptance.
Headline styles
Require Bottle Return Acceptance
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
860
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. GALLIVAN -- 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 mandatory acceptance of empty beverage containers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 and subdivision 2 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, are amended to read as follows:
(a) A dealer shall accept at his or her place of business, provided that such place of business is not less than two thousand square feet or such place of business is not less than five thousand square feet when licensed under article twenty-C of the agriculture and markets law and that such place of business is not located in a city with a population of one million or more, from a redeemer any empty beverage containers of the design, shape, size, color, composition and brand sold or offered for sale by the dealer, and shall pay to the redeemer the refund value of each such beverage container as established in section 27-1005 of this title. Redemptions of refund value must be in legal tender, or a scrip or receipt from a reverse vending machine, provided that the scrip or receipt can be exchanged for legal tender for a period of not less than sixty days without requiring the purchase of other goods. The use or presence of a reverse vending machine shall not relieve a dealer of any obligations imposed pursuant to this section. If a dealer utilizes a reverse vending machine to redeem containers, the dealer shall provide redemption of beverage containers when the reverse vending machine is full, broken, under repair or does not accept a type of beverage container sold or offered for sale by such dealer and may not limit the hours or days of redemption except as provided by subdivision three of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02811-02-9
S. 860 2
2. A dealer shall post a conspicuous sign, at the point of sale, that states:
"NEW YORK BOTTLE BILL OF RIGHTS
STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER ACT:
THE RIGHT to return your empties for refund to any dealer who sells the same brand, type and size, whether you bought the beverage from the dealer or not, provided such dealer's place of business is larger than two thousand square feet or such dealer's place of business is larger than five thousand square feet when licensed under article twenty-C of the agriculture and markets law and that such place of business is not located in a city with a population of one million or more. It is illegal to return containers for refund that you did not pay a deposit on in New York state.
THE RIGHT to get your deposit refund in cash, without proof of purchase.
THE RIGHT to return your empties any day, any hour, except for the first and last hour of the dealer's business day (empty containers may be redeemed at any time in 24-hour stores).
THE RIGHT to return your containers if they are empty and intact. Washing containers is not required by law, but is strongly recommended to maintain sanitary conditions.
The New York state returnable container act can be enforced by the New York state department of environmental conservation, the New York state department of agriculture and markets, the New York state department of taxation and finance, the New York state attorney general and/or by your local government."
Such sign must be no less than eight inches by ten inches in size and have lettering a minimum of one quarter inch high, and of a color which contrasts with the background. The department shall maintain a toll free telephone number for a "bottle bill complaint line" that shall be available from 9:00 a.m. to 5:00 p.m. each business day to receive reports of violations of this title. The telephone number shall be listed on any sign required by this section.
§ 2. This act shall take effect immediately.
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 mandatory acceptance of empty beverage containers
Purpose
To exempt places of business less than 2000 square feet, and food proc- essing establishments less than 5000 square feet, from being mandated to accept returns of empty containers.
Summary of provisions
Section 1 exempts places of business less than 2000 square feet, and food processing establishments less than 5000 square feet, from being mandated to accept returns of empty containers. This section also removes the right to have such places of business accept empty contain- ers from the New York Bottle Bill of Rights. These exemptions do not apply if the business is located in a city with a population of one million or more.
Section 2 establishes the effective date.
Existing law
Stores are required to accept empty containers regardless of their size.
Justification
Stores under 2000 square feet lack adequate space to be able to store empty containers that are returned to them. This often leads to unsani- tary conditions as many of these same stores prepare and sell food. For this same reason, food processing establishments less than 5000 square feet should also be exempt from this mandate.
The lack of space in these stores makes it nearly impossible to avoid storing dirty returned containers adjacent to food products. There exist adequate alternative locations to return empty containers for those who wish to recycle and reclaim their deposits that do not create similar unsanitary conditions.
Legislative history
2017-18: S.3390/A.6845 Advanced to 3rd Reading/Referred to Environmental Conservation 2015-16: S.136-A/A.6257 Referred to Environmental Conservation 2013-14: S.3502 Referred to Environmental Conservation
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.