Bill Text: NY S00237 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to returnable bottles; adds noncarbonated soft drinks, certain noncarbonated fruit or vegetable juices, coffee and tea beverages, carbonated fruit beverages and cider to the definition of "beverage"; provides that beginning April 1, 2026, the handling fee will be six cents for each beverage container accepted by a deposit initiator from a dealer or operator of a redemption center.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-05-03 - PRINT NUMBER 237C [S00237 Detail]

Download: New_York-2023-S00237-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           237

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen.  MAY  --  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
          returnable bottles

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1  of  section  27-1003  of  the  environmental
     2  conservation  law,  as  amended by section 2 of part SS of chapter 59 of
     3  the laws of 2009, is amended to read as follows:
     4    1. "Beverage" means carbonated soft drinks, water,  beer,  other  malt
     5  beverages [and a], wine, liquor, distilled spirit coolers, and cider and
     6  wine  [product]  products  as  defined  in [subdivision thirty-six-a of]
     7  section three of the alcoholic beverage control  law.  "Malt  beverages"
     8  means any beverage obtained by the alcoholic fermentation or infusion or
     9  decoction  of barley, malt, hops, or other wholesome grain or cereal and
    10  water including, but not limited to ale, stout or malt  liquor.  "Water"
    11  means  any  beverage  identified  through  the  use of letters, words or
    12  symbols on its product label as a type of water, including any  flavored
    13  water  or nutritionally enhanced water[, provided, however, that "water"
    14  does not include any beverage identified as a type of water to  which  a
    15  sugar has been added].
    16    §  2.  Subdivision 1 of section 27-1003 of the environmental conserva-
    17  tion law, as amended by section one of this act, is amended to  read  as
    18  follows:
    19    1. "Beverage" means carbonated soft drinks, noncarbonated soft drinks,
    20  noncarbonated fruit or vegetable juices containing less than one hundred
    21  percent  fruit  or vegetable juice, coffee and tea beverages, carbonated
    22  fruit beverages,  water,  beer,  other  malt  beverages,  wine,  liquor,
    23  distilled  spirit  coolers,  and  cider  and wine products as defined in
    24  section three of the alcoholic beverage control  law.  "Malt  beverages"

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00531-01-3
        S. 237                              2

     1  means any beverage obtained by the alcoholic fermentation or infusion or
     2  decoction  of barley, malt, hops, or other wholesome grain or cereal and
     3  water including, but not limited to ale, stout or malt  liquor.  "Water"
     4  means  any  beverage  identified  through  the  use of letters, words or
     5  symbols on its product label as a type of water, including any  flavored
     6  water or nutritionally enhanced water.
     7    §  3. Subdivision 12 of section 27-1003 of the environmental conserva-
     8  tion law, as added by section 3 of part SS of chapter 59 of the laws  of
     9  2009, is amended and a new subdivision 14 is added to read as follows:
    10    12.  "Reverse  vending  machine" means an automated device that uses a
    11  laser scanner, microprocessor, or other technology to accurately  recog-
    12  nize  the universal product code (UPC) on containers to determine if the
    13  container is redeemable and accumulates information regarding containers
    14  redeemed, including the number  of  such  containers  redeemed,  thereby
    15  enabling the reverse vending machine to accept containers from redeemers
    16  and  to issue a scrip or receipt for their refund value. Such definition
    17  shall also apply to alternative technology approved by the  commissioner
    18  pursuant  to  subparagraph  (iii) of paragraph (b) of subdivision one of
    19  section 27-1007 of this title.
    20    14. "State-specific UPC code" means a universal product code and label
    21  design that is unique to New York or used only in New York and any other
    22  states that have a substantially similar refund value law.
    23    § 4. Section 27-1007 of the environmental conservation law,  as  added
    24  by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
    25  of  subdivision  1  as  amended  by chapter 459 of the laws of 2011, and
    26  subdivision 12 as added by section 3 of part F of chapter 58 of the laws
    27  of 2013, is amended to read as follows:
    28  § 27-1007. Mandatory acceptance.
    29    Except as provided in section 27-1009 of this title:
    30    1. (a) A dealer shall accept at his or her place of  business  from  a
    31  redeemer  any  empty  beverage  containers  of  the design, shape, size,
    32  color, composition and brand sold or offered for sale by the dealer, and
    33  shall pay to the  redeemer  the  refund  value  of  each  such  beverage
    34  container  as  established in section 27-1005 of this title. Redemptions
    35  of refund value must be in legal tender, or a scrip or  receipt  from  a
    36  reverse  vending  machine,  provided  that  the  scrip or receipt can be
    37  exchanged for legal tender for a period of  not  less  than  sixty  days
    38  without  requiring the purchase of other goods.  In the event such scrip
    39  or receipt expires, such scrip or receipt must indicate  any  expiration
    40  date  and  the  dealer  must post a conspicuous sign indicating how many
    41  days a redeemer has to exchange the scrip or receipt for  legal  tender.
    42  If  such  notification  is  not  provided, a dealer must redeem the full
    43  refund value indicated on any legible scrip or receipt. The use or pres-
    44  ence of a reverse vending machine shall not  relieve  a  dealer  of  any
    45  obligations  imposed  pursuant  to  this section. If a dealer utilizes a
    46  reverse vending machine to redeem containers, the dealer  shall  provide
    47  redemption  of  beverage  containers when the reverse vending machine is
    48  full, broken, under repair  or  does  not  accept  a  type  of  beverage
    49  container  sold or offered for sale by such dealer and may not limit the
    50  hours or days of redemption except as provided by subdivision  three  of
    51  this section.
    52    (b)  Beginning  March first, two thousand ten, a dealer whose place of
    53  business is part of a chain engaged in the same general field  of  busi-
    54  ness  which operates ten or more units in this state under common owner-
    55  ship and whose business has at least: (i) forty thousand but  less  than
    56  sixty  thousand  square  feet  devoted to the display of merchandise for
        S. 237                              3

     1  sale to the public shall install and maintain at least two reverse vend-
     2  ing machines at the dealer's place of business; (ii) sixty thousand  but
     3  less  than  eighty-five  thousand  square feet devoted to the display of
     4  merchandise  for  sale to the public shall install and maintain at least
     5  three reverse vending machines at the dealer's  place  of  business;  or
     6  (iii)  eighty-five  thousand  square  feet  devoted  to  the  display of
     7  merchandise for sale to the public shall install and maintain  at  least
     8  four  reverse  vending  machines  at the dealer's place of business. The
     9  requirements of [paragraph (b) of] this subdivision to install and main-
    10  tain reverse vending machines shall not apply  to  a  dealer  that:  (i)
    11  sells  only  beverage  containers  of  twenty  ounces or less where such
    12  beverage containers are packaged in  quantities  fewer  than  six;  (ii)
    13  sells  beverage  containers and devotes no more than five percent of its
    14  floor space to the display and sale of consumer commodities, as  defined
    15  in section two hundred fourteen-h of the agriculture and markets law; or
    16  (iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
    17  provide consumers with an alternative technology that: (A) determines if
    18  the container is redeemable,  (B)  provides  protections  against  fraud
    19  through  a  system that validates each container redeemed by reading the
    20  universal product code and, except with respect to  refillable  contain-
    21  ers,  renders  the  container  unredeemable, (C) accumulates information
    22  regarding containers redeemed, and (D) issues legal tender, or a  scrip,
    23  receipt,  or  other  form  of  credit  for the refund value, that can be
    24  exchanged for legal tender for a period of  not  less  than  sixty  days
    25  without  requiring  the purchase of other goods and includes any expira-
    26  tion date on the scrip, receipt, or other form of credit.  Notwithstand-
    27  ing  the foregoing, if the alternative technology does not allow consum-
    28  ers to immediately obtain the refund value of the redeemed container,  a
    29  dealer  shall be permitted to deploy such alternative technology only if
    30  it also offers an alternative that allows consumers to conveniently  and
    31  immediately  obtain  such refund value through a reverse vending machine
    32  or other alternative method.
    33    (c) A dealer to which paragraph (b) of this subdivision does not apply
    34  and whose place of business is at least forty thousand square feet which
    35  does not utilize reverse vending  machines  to  process  empty  beverage
    36  containers  for redemption shall: (i) establish and maintain a dedicated
    37  area within such business to accept beverage containers for  redemption;
    38  (ii)  adequately  staff such area to facilitate efficient acceptance and
    39  processing of such containers during business hours; and (iii) post  one
    40  or  more conspicuous signs conforming to the size and color requirements
    41  described in subdivision two of this section at each public entrance  to
    42  the  business  which describes where in the business the redemption area
    43  is located. The commissioner may  establish  in  rules  and  regulations
    44  additional standards for the efficient processing of beverage containers
    45  by such dealers.
    46    (d)  For  the purposes of this subdivision on any day that a dealer is
    47  open for less than twenty-four hours, the dealer may restrict or  refuse
    48  the  payment  of refund values during the first and last hour the dealer
    49  is open for business.
    50    2. A dealer shall post a conspicuous sign, at the point of sale,  that
    51  states:
    52                       "NEW YORK BOTTLE BILL OF RIGHTS

    53   STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
    54           THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
        S. 237                              4

     1  YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
     2  ACT:
     3    THE  RIGHT  to  return your empties for refund to any dealer who sells
     4  the same brand, type and size, whether you bought the beverage from  the
     5  dealer  or  not.  It is illegal to return containers for refund that you
     6  did not pay a deposit on in New York state.
     7    THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
     8  purchase.
     9    THE  RIGHT  to  return  your empties any day, any hour, except for the
    10  first and last hour of the dealer's business day (empty  containers  may
    11  be redeemed at any time in 24-hour stores).
    12    THE  RIGHT  to  return  your  containers if they are empty and intact.
    13  Washing containers is not required by law, but is  strongly  recommended
    14  to maintain sanitary conditions.
    15    The New York state returnable container act can be enforced by the New
    16  York  state department of environmental conservation, the New York state
    17  department of agriculture and markets, the New York state department  of
    18  taxation and finance, the New York state attorney general and/or by your
    19  local government."
    20    Such  sign must be no less than eight inches by ten inches in size and
    21  have lettering a minimum of one quarter inch high, and of a color  which
    22  contrasts with the background. The department shall maintain a toll free
    23  telephone number for a "bottle bill complaint line" that shall be avail-
    24  able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
    25  violations  of  this  title. The telephone number shall be listed on any
    26  sign required by this section.
    27    3. On or after June first, two thousand nine, a dealer may  limit  the
    28  number of empty beverage containers to be accepted for redemption at the
    29  dealer's  place  of  business to no less than seventy-two containers per
    30  visit, per redeemer, per day, provided that:
    31    (a) The dealer has a written agreement with a redemption center, be it
    32  either at a fixed physical location within the same  county  and  within
    33  [one-half]  one  mile  of  the  dealer's  place of business, or a mobile
    34  redemption center, operated by a  redemption  center,  that  is  located
    35  within  one-quarter  mile of the dealer's place of business. The redemp-
    36  tion center must have a written agreement  with  the  dealer  to  accept
    37  containers on behalf of the dealer; and the redemption center's hours of
    38  operation  must  cover  at least 9:00 a.m. through 7:00 p.m. daily or in
    39  the case of a mobile redemption center,  the  hours  of  operation  must
    40  cover  at  least  four consecutive hours between 8:00 a.m. and 8:00 p.m.
    41  daily. The dealer must post a conspicuous, permanent sign,  meeting  the
    42  size  and  color  specifications  set  forth  in subdivision two of this
    43  section, open to public view, identifying  the  location  and  hours  of
    44  operation  of  the  affiliated  redemption  center  or mobile redemption
    45  center; and
    46    (b) The dealer provides, at a minimum, a consecutive two  hour  period
    47  between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
    48  to two hundred forty containers, per redeemer,  per  day,  and  posts  a
    49  conspicuous,  permanent  sign, meeting the size and color specifications
    50  set forth in subdivision two of this section, open to public view, iden-
    51  tifying those hours. The dealer may not change the hours  of  redemption
    52  without first posting a thirty day notice; and
    53    (c) The dealer's primary business is the sale of food or beverages for
    54  consumption  off-premises,  and  the  dealer's place of business is less
    55  than ten thousand square feet in size.
        S. 237                              5

     1    4. A deposit initiator shall accept from a dealer  or  operator  of  a
     2  redemption  center  any  empty  beverage container of the design, shape,
     3  size, color, composition and brand sold  or  offered  for  sale  by  the
     4  deposit  initiator, and shall pay the dealer or operator of a redemption
     5  center  the  refund value of each such beverage container as established
     6  by section 27-1005 of this title. A deposit initiator shall  accept  and
     7  redeem  all  such  empty beverage containers from a dealer or redemption
     8  center without limitation on quantity.
     9    5. A deposit initiator's or distributor's failure  to  pick  up  empty
    10  beverage containers, including containers processed in a reverse vending
    11  machine,  from  a redemption center, dealer or the operator of a reverse
    12  vending machine, in a timely manner and at reasonable times as  provided
    13  by  the  department  pursuant to the regulations promulgated pursuant to
    14  paragraph (c) of subdivision eight of this section shall be a  violation
    15  of this title.
    16    6.  In  addition to the refund value of a beverage container as estab-
    17  lished by section 27-1005 of this title, a deposit initiator  shall  pay
    18  to any dealer or operator of a redemption center a handling fee of three
    19  and  one-half  cents for each beverage container accepted by the deposit
    20  initiator from such dealer or operator of a redemption center.    Begin-
    21  ning  April first, two thousand twenty-six, the handling fee will be six
    22  cents. Payment of the handling fee shall be as compensation for collect-
    23  ing, sorting and packaging of empty beverage  containers  for  transport
    24  back  to  the deposit initiator or its designee. Payment of the handling
    25  fee may not be conditioned on the purchase of any goods or services, nor
    26  may such payment be made out of the  refund  value  account  established
    27  pursuant  to  section  27-1012 of this title. A distributor who does not
    28  initiate deposits on a type of beverage container is considered a dealer
    29  only for the purpose of receiving a handling fee from a  deposit  initi-
    30  ator.
    31    7.  A deposit initiator on a brand shall accept from a distributor who
    32  does not initiate deposits on that brand any empty  beverage  containers
    33  of that brand accepted by the distributor from a dealer or operator of a
    34  redemption  center  and shall reimburse the distributor the refund value
    35  of each such beverage container, as established by  section  27-1005  of
    36  this  title.  In  addition,  the  deposit initiator shall reimburse such
    37  distributor for each such beverage container  the  handling  fee  estab-
    38  lished  under  subdivision  six  of  this  section. Without limiting the
    39  rights of the department or any person, firm or corporation  under  this
    40  subdivision  or any other provision of this section, a distributor shall
    41  have a civil right of action to  enforce  this  subdivision,  including,
    42  upon three days notice, the right to apply for temporary and preliminary
    43  injunctive  relief against continuing violations, and until arrangements
    44  for collection and return of empty containers or reimbursement  of  such
    45  distributor for such deposits and handling fees are made.
    46    8. It shall be the responsibility of the deposit initiator or distrib-
    47  utor  to provide to a dealer or redemption center a sufficient number of
    48  bags, cartons, or other suitable containers, at no cost, for the packag-
    49  ing, handling and pickup of  empty  beverage  containers  that  are  not
    50  redeemed  through  a  reverse  vending  machine.  The  bags, cartons, or
    51  containers must be provided by the deposit initiator or distributor on a
    52  schedule that allows the dealer or redemption center sufficient time  to
    53  sort  the  empty  beverage  containers  prior  to pick up by the deposit
    54  initiator or distributor. In addition:
    55    (a) When picking up empty beverage containers, a deposit initiator  or
    56  distributor  shall  not  require  a  dealer or redemption center to load
        S. 237                              6

     1  their own bags, cartons or containers onto or into  the  deposit  initi-
     2  ator's  or  distributor's  vehicle  or  vehicles or provide the staff or
     3  equipment needed to do  so.  However,  where  pallets  or  skids,  bags,
     4  cartons or containers are readily movable only by means of a forklift or
     5  similar  equipment,  a  deposit  initiator  or distributor may require a
     6  dealer or redemption center to move or load such items at no cost  using
     7  a  forklift  or  similar equipment belonging to the dealer or redemption
     8  center provided that such equipment and appropriate  staff  are  readily
     9  available.
    10    (b)  A  deposit  initiator  or  distributor  shall  not  require empty
    11  containers to be counted at a location other than the redemption  center
    12  or  dealer's  place  of  business. The dealer or redemption center shall
    13  have the right to be present at the count. In the event of a discrepancy
    14  between the count of the dealer or redemption center and  the  count  of
    15  the  deposit  initiator  or  distributor  for  containers  not processed
    16  through a reverse vending machine all such  empty  containers  shall  be
    17  retained  and a re-count may be requested. The re-count may be held at a
    18  location other than the redemption center or dealer's place of  business
    19  only if the dealer or redemption center agrees and is present.
    20    (c)  A  deposit  initiator or distributor shall pick up empty beverage
    21  containers from the dealer or redemption center in a timely  manner  and
    22  at  reasonable  times  [and  intervals]  as determined in rules or regu-
    23  lations promulgated by the department no later  than  April  first,  two
    24  thousand twenty-six.
    25    9.  No  person shall return or assist another to return to a dealer or
    26  redemption center an empty beverage container for its  refund  value  if
    27  such  container had previously been accepted for redemption by a dealer,
    28  redemption center, or deposit initiator who initiates deposits on bever-
    29  age containers of the same brand.
    30    10. A redeemer, dealer, distributor or  redemption  center  shall  not
    31  knowingly  redeem  an  empty  beverage  container on which a deposit was
    32  never paid in New York state.
    33    11. Notwithstanding the  provisions  of  subdivision  two  of  section
    34  27-1009  of  this title, a deposit initiator or distributor shall accept
    35  and redeem beverage containers as provided in this title, if the  dealer
    36  or  operator  of  a  redemption  center shall have accepted and paid the
    37  refund value of such beverage containers.
    38    12. No person shall intentionally program, tamper with, render inaccu-
    39  rate, or circumvent the proper operation of a reverse vending machine to
    40  wrongfully elicit deposit monies  when  no  valid,  redeemable  beverage
    41  container has been placed in and properly processed by the reverse vend-
    42  ing machine.
    43    13.  The  department  and  the  department of taxation and finance are
    44  authorized to audit any reverse vending machine.
    45    § 5. Paragraph (b) of subdivision 3 of section 27-1011 of the environ-
    46  mental conservation law, as added by section 1 of part PP of chapter  58
    47  of the laws of 2018, is amended and a new subdivision 4 is added to read
    48  as follows:
    49    (b)  comply  with  minimum post-consumer recycled material content and
    50  hole diameter limitations as defined in rules and regulations promulgat-
    51  ed  by  the  department  no  later  than  April  first,   two   thousand
    52  twenty-five,  and  is  recyclable  and  indicates a resin identification
    53  code.
    54    4. (a) Effective January first, two thousand twenty-six,  every  glass
    55  beverage  container  shall  contain  a minimum percentage of thirty-five
    56  percent post-consumer glass and every aluminum beverage container  shall
        S. 237                              7

     1  contain a minimum percentage of thirty-five percent post-consumer alumi-
     2  num.
     3    (b) Effective January first, two thousand twenty-nine, every polyethy-
     4  lene  terephthalate  (PET) beverage container shall contain no less than
     5  twenty-five percent post-consumer PET.
     6    (c) Effective January first, two thousand  thirty-one,  every  plastic
     7  beverage  container  shall contain no less than thirty percent post-con-
     8  sumer plastic.
     9    (d) The department may, by regulation, grant a reduction or waiver  of
    10  the  percentage  requirement established pursuant to this subdivision if
    11  the department finds and determines that it is technologically  infeasi-
    12  ble for the bottler to achieve the specified percent requirement.
    13    §  6.  Paragraph c of subdivision 3 of section 27-1012 of the environ-
    14  mental conservation law, as added by section 8 of part SS of chapter  59
    15  of the laws of 2009, is amended to read as follows:
    16    c.  all withdrawals from the refund value account during such quarter,
    17  including all reimbursements paid pursuant to subdivision  two  of  this
    18  section,  all service charges on the account, provided that such service
    19  charges do not exceed the maximum amount authorized by the commissioner,
    20  and all payments made pursuant to subdivision four of this section; and
    21    § 7. Paragraph a of subdivision 4 of section 27-1012 of  the  environ-
    22  mental  conservation law, as added by section 8 of part SS of chapter 59
    23  of the  laws of 2009, is amended to read as follows:
    24    a. Quarterly payments. An  amount  equal  to  eighty  percent  of  the
    25  balance  outstanding  in  the  refund value account at the close of each
    26  quarter shall be paid to the commissioner of taxation and finance at the
    27  time the report provided for in subdivision three  of  this  section  is
    28  required  to  be  filed.  The  commissioner  of taxation and finance may
    29  require that the payments be made electronically. The  remaining  twenty
    30  percent of the balance outstanding at the close of each quarter shall be
    31  the  monies  of  the  deposit  initiator  and may be withdrawn from such
    32  account by the deposit initiator.  However, until April first, two thou-
    33  sand twenty-eight, a deposit initiator who initiates deposits on refill-
    34  able beverage containers or beverage containers  with  a  state-specific
    35  universal  product code may be entitled to pay an amount equal to seven-
    36  ty-five percent of the balance outstanding in the refund  value  account
    37  specifically  attributable to refillable beverage containers or beverage
    38  containers bearing such product code at the close of each quarter to the
    39  commissioner of taxation and finance at the time the report provided for
    40  in subdivision three of this section is required to  be filed. No  later
    41  than October first, two thousand twenty-seven, the commissioner of taxa-
    42  tion  and finance shall submit a report to the governor and the legisla-
    43  ture regarding the implementation of the state-specific universal  prod-
    44  uct  code and an evaluation of its effectiveness in decreasing fraud. If
    45  the provisions of this section with respect to  such  account  have  not
    46  been  fully  complied  with,  each  deposit  initiator shall pay to such
    47  commissioner at such time, in  lieu  of  the  amount  described  in  the
    48  preceding sentence, an amount equal to the balance which would have been
    49  outstanding  on  such date had such provisions been fully complied with.
    50  The commissioner of taxation and finance may require that  the  payments
    51  be made electronically.
    52    §  8. Subdivision 12 of section 27-1012 of the environmental conserva-
    53  tion law, as amended by section 6 of part F of chapter 58 of the laws of
    54  2013, is amended to read as follows:
    55    12. a. Each deposit initiator shall provide a report to the department
    56  describing all the types of beverage containers on  which  it  initiates
        S. 237                              8

     1  deposits.  The  report shall include the product name, type of beverage,
     2  size and composition of the beverage container, universal product  code,
     3  the  presence  of  any  state-specific  universal  product  code and the
     4  percentage of products covered by such code, the methods used to prevent
     5  the fraudulent sale and redemption of beverage containers, and any other
     6  information  the  department may require. Upon request, a deposit initi-
     7  ator shall also provide to the department a copy of the container  label
     8  or  a picture of any beverage container sold or offered for sale in this
     9  state on which  it  initiates  a  deposit.  Such  information  shall  be
    10  provided  in  a form as prescribed by the department. The department may
    11  require that such forms be filed electronically.
    12    b. A bottler may  place  on  a  beverage  container  a  state-specific
    13  universal product code [or other distinctive marking that is specific to
    14  the  state  or  used  only  in  the state and any other states with laws
    15  substantially similar to this title] as a means of preventing  the  sale
    16  or redemption of beverage containers on which no deposit was initiated.
    17    c.  A  bottler  or deposit initiator shall notify the department, in a
    18  form prescribed by the department,  whenever  a  beverage  container  or
    19  beverage  container  label  is revised by altering the universal product
    20  code, or whenever the  container  on  which  a  universal  product  code
    21  appears  is changed in size, composition or glass color, or whenever the
    22  container or container label on which a universal product  code  appears
    23  is  changed  to include a state-specific universal product code [that is
    24  unique to the state or used only in the state and any other states  with
    25  laws substantially similar to this title].
    26    § 9. Section 27-1014 of the environmental conservation law, as amended
    27  by  section  10 of part SS of chapter 59 of the laws of 2009, is amended
    28  to read as follows:
    29  § 27-1014. Authority to promulgate rules and regulations.
    30    In addition to the  authority  of  the  commissioner,  under  sections
    31  27-1007,  27-1009,  27-1011,  27-1012,  and  27-1013  of this title, the
    32  commissioner shall have the power to promulgate  rules  and  regulations
    33  necessary and appropriate for the administration of this title.
    34    § 10.  Section 27-1005 of the environmental conservation law, as added
    35  by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
    36  read as follows:
    37  § 27-1005. Refund value.
    38    No  person  shall  sell or offer for sale a beverage container in this
    39  state unless the deposit on such  beverage  container  is  or  has  been
    40  collected  by  a  registered deposit initiator and unless such container
    41  has a refund value of not less than five cents, and beginning  April  1,
    42  2026  a  refund value of not less than ten cents, which is clearly indi-
    43  cated thereon as provided in section 27-1011 of this title.
    44    § 11. This act shall take effect April  1,  2025;  provided,  however,
    45  that  section two of this act shall take effect April 1, 2026. Effective
    46  immediately, the addition, amendment and/or repeal of any rule or  regu-
    47  lation  necessary  for  the  implementation of this act on its effective
    48  date are authorized to be made and completed on or before such effective
    49  date.