Bill Text: NY S00237 | 2023-2024 | General Assembly | Amended
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 237--C 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. MAY, BRESLIN, BRISPORT, CLEARE, GONZALEZ, HINCHEY, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Environmental Conserva- tion in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to returnable bottles; and to repeal section 27-1018 of such law relating to the beverage container assistance program 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, noncarbonated soft drinks, 5 noncarbonated fruit or vegetable juices containing less than one hundred 6 percent fruit or vegetable juice, coffee and tea beverages, carbonated 7 fruit beverages, water, beer, other malt beverages, cider as defined in 8 section three of the alcoholic beverage control law, and [a] wine [prod-9uct] products as defined in [subdivision thirty-six-a of] section three 10 of the alcoholic beverage control law. "Malt beverages" means any bever- 11 age obtained by the alcoholic fermentation or infusion or decoction of 12 barley, malt, hops, or other wholesome grain or cereal and water includ- 13 ing, but not limited to ale, stout or malt liquor. "Water" means any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00531-17-4S. 237--C 2 1 beverage identified through the use of letters, words or symbols on its 2 product label as a type of water, including any flavored water or nutri- 3 tionally enhanced water[, provided, however, that "water" does not4include any beverage identified as a type of water to which a sugar has5been added]. 6 § 2. Subdivision 1 of section 27-1003 of the environmental conserva- 7 tion law, as amended by section one of this act, is amended to read as 8 follows: 9 1. "Beverage" means [carbonated soft drinks, noncarbonated soft10drinks, noncarbonated fruit or vegetable juices containing less than one11hundred percent fruit or vegetable juice, coffee and tea beverages,12carbonated fruit beverages, water, beer, other malt beverages, cider as13defined in section three of the alcoholic beverage control law, and a14wine product as defined in section three of the alcoholic beverage15control law. "Malt beverages" means any beverage obtained by the alco-16holic fermentation or infusion or decoction of barley, malt, hops, or17other wholesome grain or cereal and water including, but not limited to18ale, stout or malt liquor. "Water" means any beverage identified through19the use of letters, words or symbols on its product label as a type of20water, including any flavored water or nutritionally enhanced water] any 21 drinkable liquid intended for human oral consumption. The term beverage 22 does not include: a drug regulated under the Federal Food, Drug, and 23 Cosmetic Act, 21 U.S.C. 301 et seq.; infant formula; a meal replacement 24 liquid; dairy products derived from animal milk; plant-based dairy 25 alternatives; and noncarbonated fruit or vegetable juices containing one 26 hundred percent fruit or vegetable juice. 27 § 3. Subdivisions 8 and 12 of section 27-1003 of the environmental 28 conservation law, subdivision 8 as added by chapter 200 of the laws of 29 1982 and subdivision 12 as added by section 3 of part SS of chapter 59 30 of the laws of 2009, are amended and five new subdivisions 14, 15, 16, 31 17 and 18 are added to read as follows: 32 8. "Redeemer" means every person who demands the refund value provided 33 for herein in exchange for the empty beverage container, regardless of 34 personal purchase of the beverage container, but shall not include a 35 dealer as defined in subdivision four of this section. 36 12. "Reverse vending machine" means an automated device that uses a 37 laser scanner, microprocessor, or other technology to accurately recog- 38 nize the universal product code (UPC) on containers to determine if the 39 container is redeemable and accumulates information regarding containers 40 redeemed, including the number of such containers redeemed, thereby 41 enabling the reverse vending machine to accept containers from redeemers 42 and to issue legal tender or a scrip [or], receipt, or other form of 43 credit for their refund value. Such definition shall also apply to 44 alternative technology approved by the commissioner pursuant to subpara- 45 graph (iii) of paragraph (b) of subdivision one of section 27-1007 of 46 this title. Nothing in this definition shall be construed to relieve a 47 dealer specified in subparagraph (iii) of paragraph (b) of subdivision 48 one of section 27-1007 of this title of the requirement to provide an 49 immediate form of deposit repayment if the reverse vending machine or 50 alternative technology does not provide such. 51 14. "Refillable beverage container" means any beverage container which 52 is so constructed and designed that it is structurally capable of being 53 refilled and resold at least fifty times by a beverage manufacturer, and 54 which the beverage manufacturer requires to be returned for the purpose 55 of refilling and resale.S. 237--C 3 1 15. "Return and reusable system" means a refillable beverage container 2 reuse system that features an operational and financial arrangement in 3 which refillable beverage containers are collected for washing and reus- 4 ing. The distances between each point of the system shall be no greater 5 than two hundred miles. 6 16. "Redemption rate" means the percentage of beverage containers sold 7 that are redeemed for deposit value. 8 17. "Recycling" means to separate, dismantle or process the materials, 9 components or commodities contained in discards for the purpose of 10 preparing the materials, components, or commodities for use or reuse in 11 new products or components. "Recycling" shall not include: 12 (a) energy recovery or energy generation by any means, including but 13 not limited to, combustion, incineration, pyrolysis, gasification, 14 solvolysis, or waste-to-fuel; 15 (b) any chemical conversion process; or 16 (c) landfill disposal. 17 18. "Recycling rate" means the percentage of redeemed beverage 18 containers that are ultimately recycled. The recycling rate shall be 19 calculated as the total weight of beverage containers that are recycled 20 in a given year divided by the total weight of beverage containers 21 generated by a distributor in that year. 22 § 4. Section 27-1007 of the environmental conservation law, as added 23 by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b) 24 of subdivision 1 as amended by chapter 459 of the laws of 2011, and 25 subdivision 12 as added by section 3 of part F of chapter 58 of the laws 26 of 2013, is amended to read as follows: 27 § 27-1007. Mandatory acceptance. 28 Except as provided in section 27-1009 of this title: 29 1. (a) A dealer shall accept at [his or her] such dealer's place of 30 business from a redeemer any empty beverage containers of the design, 31 shape, size, color, composition and brand sold or offered for sale by 32 the dealer, and shall pay to the redeemer the refund value of each such 33 beverage container as established in section 27-1005 of this title. 34 Redemptions of refund value must be in legal tender, or a scrip or 35 receipt from a reverse vending machine, provided that the scrip or 36 receipt can be exchanged for legal tender for a period of not less than 37 sixty days without requiring the purchase of other goods. In the event 38 such scrip or receipt expires, such scrip or receipt must indicate any 39 expiration date and the dealer must post a conspicuous sign indicating 40 how many days a redeemer has to exchange the scrip or receipt for legal 41 tender. If such notification is not provided, a dealer must redeem the 42 full refund value indicated on any legible scrip or receipt. The use or 43 presence of a reverse vending machine shall not relieve a dealer of any 44 obligations imposed pursuant to this section. If a dealer utilizes a 45 reverse vending machine to redeem containers, the dealer shall provide 46 redemption of beverage containers when the reverse vending machine is 47 full, broken, under repair or does not accept a type of beverage 48 container sold or offered for sale by such dealer and may not limit the 49 hours or days of redemption except as provided by subdivision three of 50 this section. All dealers and redemption centers shall provide consum- 51 ers the ability to recycle any containers deemed unredeemable. 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 forS. 237--C 4 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 SALES. 237--C 5 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.] eight hours 39 daily or in the case of a mobile redemption center, the hours of opera- 40 tion must cover at least four consecutive hours between 8:00 a.m. and 41 8:00 p.m. daily. The dealer must post a conspicuous, permanent sign, 42 meeting the size and color specifications set forth in subdivision two 43 of this section, open to public view, identifying the location and hours 44 of 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--C 6 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 19 [three and one-half] five cents for each beverage container accepted by 20 the deposit initiator from such dealer or operator of a redemption 21 center. Beginning April first, two thousand twenty-six, the handling 22 fee shall be six cents. Beginning April first, two thousand thirty-one, 23 the handling fee shall be six and one-half cents. Payment of the handl- 24 ing fee shall be as compensation for collecting, sorting and packaging 25 of empty beverage containers for transport back to the deposit initiator 26 or its designee. Payment of the handling fee may not be conditioned on 27 the purchase of any goods or services, nor may such payment be made out 28 of the refund value account established pursuant to section 27-1012 of 29 this title. A distributor who does not initiate deposits on a type of 30 beverage container is considered a dealer only for the purpose of 31 receiving a handling fee from a deposit initiator. 32 7. A deposit initiator on a brand shall accept from a distributor who 33 does not initiate deposits on that brand any empty beverage containers 34 of that brand accepted by the distributor from a dealer or operator of a 35 redemption center and shall reimburse the distributor the refund value 36 of each such beverage container, as established by section 27-1005 of 37 this title. In addition, the deposit initiator shall reimburse such 38 distributor for each such beverage container the handling fee estab- 39 lished under subdivision six of this section. Without limiting the 40 rights of the department or any person, firm or corporation under this 41 subdivision or any other provision of this section, a distributor shall 42 have a civil right of action to enforce this subdivision, including, 43 upon three days notice, the right to apply for temporary and preliminary 44 injunctive relief against continuing violations, and until arrangements 45 for collection and return of empty containers or reimbursement of such 46 distributor for such deposits and handling fees are made. 47 8. It shall be the responsibility of the deposit initiator or distrib- 48 utor to provide to a dealer or redemption center a sufficient number of 49 bags, cartons, or other suitable containers, at no cost, for the packag- 50 ing, handling and pickup of empty beverage containers that are not 51 redeemed through a reverse vending machine. The bags, cartons, or 52 containers must be provided by the deposit initiator or distributor on a 53 schedule that allows the dealer or redemption center sufficient time to 54 sort the empty beverage containers prior to pick up by the deposit 55 initiator or distributor. In addition:S. 237--C 7 1 (a) When picking up empty beverage containers, a deposit initiator or 2 distributor shall not require a dealer or redemption center to load 3 their own bags, cartons or containers onto or into the deposit initi- 4 ator's or distributor's vehicle or vehicles or provide the staff or 5 equipment needed to do so. However, where pallets or skids, bags, 6 cartons or containers are readily movable only by means of a forklift or 7 similar equipment, a deposit initiator or distributor may require a 8 dealer or redemption center to move or load such items at no cost using 9 a forklift or similar equipment belonging to the dealer or redemption 10 center provided that such equipment and appropriate staff are readily 11 available. 12 (b) A deposit initiator or distributor shall not require empty 13 containers to be counted at a location other than the redemption center 14 or dealer's place of business. The dealer or redemption center shall 15 have the right to be present at the count. In the event of a discrepancy 16 between the count of the dealer or redemption center and the count of 17 the deposit initiator or distributor for containers not processed 18 through a reverse vending machine all such empty containers shall be 19 retained and a re-count may be requested. The re-count may be held at a 20 location other than the redemption center or dealer's place of business 21 only if the dealer or redemption center agrees and is present. 22 (c) A deposit initiator or distributor shall pick up empty beverage 23 containers from the dealer or redemption center in a timely manner and 24 at reasonable times [and intervals] as determined in rules or regu- 25 lations promulgated by the department no later than April first, two 26 thousand twenty-six. 27 9. No person shall return or assist another to return to a dealer or 28 redemption center an empty beverage container for its refund value if 29 such container had previously been accepted for redemption by a dealer, 30 redemption center, or deposit initiator who initiates deposits on bever- 31 age containers of the same brand. 32 10. A redeemer, dealer, distributor or redemption center shall not 33 knowingly redeem an empty beverage container on which a deposit was 34 never paid in New York state. 35 11. Notwithstanding the provisions of subdivision two of section 36 27-1009 of this title, a deposit initiator or distributor shall accept 37 and redeem beverage containers as provided in this title, if the dealer 38 or operator of a redemption center shall have accepted and paid the 39 refund value of such beverage containers. 40 12. No person shall intentionally program, tamper with, render inaccu- 41 rate, or circumvent the proper operation of a reverse vending machine to 42 wrongfully elicit deposit monies when no valid, redeemable beverage 43 container has been placed in and properly processed by the reverse vend- 44 ing machine. 45 13. The department and the department of taxation and finance are 46 authorized to audit any reverse vending machine. 47 14. Notwithstanding any provision of this section to the contrary, a 48 dealer shall not be required to accept from a redeemer any empty bever- 49 age container at a farmers' market as such term is defined by the 50 department of agriculture and markets. 51 § 5. Subdivision 1 of section 27-1011 of the environmental conserva- 52 tion law is amended by adding a new paragraph c to read as follows: 53 c. Each beverage container sold or offered for sale in this state that 54 has a refund value pursuant to paragraph a of this subdivision, shall 55 include a universal product code and barcode printed on the label that 56 is readable by reverse vending machine or alternative technology. EachS. 237--C 8 1 deposit initiator shall provide such universal product code and barcode 2 and ownership and packaging information of any such beverage container, 3 to the department not less than forty-five days prior to such product 4 being offered for sale in the state. The department shall, not more than 5 thirty days after receipt of such information, make this information 6 readily available to any redemption center, reverse vending machine 7 system operator, deposit initiator-authorized contracted agents, or any 8 other appropriate stakeholder approved by the department. 9 § 6. Paragraph (b) of subdivision 3 of section 27-1011 of the environ- 10 mental conservation law, as added by section 1 of part PP of chapter 58 11 of the laws of 2018, is amended and a new subdivision 4 is added to read 12 as follows: 13 (b) comply with [minimum post-consumer recycled material content and] 14 hole diameter limitations as defined in rules and regulations promulgat- 15 ed by the department no later than April first, two thousand 16 twenty-five, and is recyclable and indicates a resin identification 17 code. 18 4. Each distributor is required to meet the following performance 19 requirements: (a) Beginning April first, two thousand thirty, at least 20 twenty-five percent of all beverage containers sold by each distributor 21 in the state shall be refillable containers that are part of a return 22 and reusable system. Each distributor shall work with dealers, reverse 23 vending machine owners, and redemption centers to ensure that refilla- 24 ble beverage containers sold by the distributor achieve at least an 25 eighty percent return rate. 26 (b) (i) Beginning April first, two thousand twenty-five, all distribu- 27 tors of non-refillable beverage containers shall report the recycling 28 rate, by material type, of redeemed containers to the department. 29 (ii) Beginning April first, two thousand twenty-six, at least seventy 30 percent of the redeemed beverage container material shall be recycled. 31 (iii) Beginning April first, two thousand twenty-eight, at least 32 eighty percent of the redeemed beverage container material shall be 33 recycled. 34 (iv) Beginning April first, two thousand thirty, at least ninety 35 percent of the redeemed beverage container material, including beverage 36 container caps, lids, and other rigid sealers, shall be recycled. 37 § 7. Subdivision 5 of section 27-1012 of the environmental 38 conservation law, as amended by section 2 of part JJ of chapter 58 of 39 the laws of 2017, is amended to read as follows: 40 5. All moneys collected or received by the department of taxation and 41 finance pursuant to this title shall be deposited to the credit of the 42 comptroller with such responsible banks, banking houses or trust compa- 43 nies as may be designated by the comptroller. Such deposits shall be 44 kept separate and apart from all other moneys in the possession of the 45 comptroller. The comptroller shall require adequate security from all 46 such depositories. Of the total revenue collected, the comptroller shall 47 retain the amount determined by the commissioner of taxation and finance 48 to be necessary for refunds out of which the comptroller must pay any 49 refunds to which a deposit initiator may be entitled. Of the revenue 50 remaining following payments of any refunds, the comptroller shall 51 retain an amount equal to five percent of the total for the beverage 52 container assistance program established pursuant to section 27-1018 of 53 this title. After reserving the amount to pay refunds, the comptroller 54 must, by the tenth day of each month, pay into the state treasury to the 55 credit of the general fund the revenue deposited under this subdivision 56 during the preceding calendar month and remaining to the comptroller'sS. 237--C 9 1 credit on the last day of that preceding month; provided, however, that, 2 beginning April first, two thousand thirteen, nineteen million dollars, 3 and all fiscal years thereafter, twenty-three million dollars plus all 4 funds received from the payments due each fiscal year pursuant to subdi- 5 vision four of this section in excess of the greater of the amount 6 received from April first, two thousand twelve through March thirty- 7 first, two thousand thirteen or one hundred twenty-two million two 8 hundred thousand dollars, shall be deposited to the credit of the envi- 9 ronmental protection fund established pursuant to section ninety-two-s 10 of the state finance law. 11 § 8. Paragraph c of subdivision 3 of section 27-1012 of the environ- 12 mental conservation law, as added by section 8 of part SS of chapter 59 13 of the laws of 2009, is amended and a new subdivision 13 is added to 14 read as follows: 15 c. all withdrawals from the refund value account during such quarter, 16 including all reimbursements paid pursuant to subdivision two of this 17 section, all service charges on the account, provided that such service 18 charges do not exceed the maximum amount authorized by the commissioner, 19 and all payments made pursuant to subdivision four of this section; and 20 13. Annually the department, in consultation with the department of 21 taxation and finance, shall use available information to produce an 22 annual report at a minimum containing information on redemption rates, 23 container material types by percent usage, refillable container usage, 24 fraud and enforcement actions, an analysis of the handling fee and 25 consumer price index, and information on how this program helps to 26 achieve the targets of chapter one hundred six of the laws of two thou- 27 sand nineteen. Such report shall be shared with the legislature and 28 posted publicly on the department's website. 29 § 9. Paragraph a of subdivision 4 of section 27-1012 of the environ- 30 mental conservation law, as added by section 8 of part SS of chapter 59 31 of the laws of 2009, is amended to read as follows: 32 a. Quarterly payments. An amount equal to eighty percent of the 33 balance outstanding in the refund value account at the close of each 34 quarter shall be paid to the commissioner of taxation and finance at the 35 time the report provided for in subdivision three of this section is 36 required to be filed. The commissioner of taxation and finance may 37 require that the payments be made electronically. The remaining twenty 38 percent of the balance outstanding at the close of each quarter shall be 39 the monies of the deposit initiator and may be withdrawn from such 40 account by the deposit initiator. However, a deposit initiator who 41 initiates deposits on refillable beverage containers which are part of a 42 return and reusable system may be entitled to pay an amount equal to 43 seventy-five percent of the balance outstanding in the refund value 44 account specifically attributable to refillable beverage containers at 45 the close of each quarter to the commissioner of taxation and finance at 46 the time the report provided for in subdivision three of this section is 47 required to be filed. The department shall promulgate rules on the 48 eligibility of deposit initiators for such refillable beverage container 49 bonus. If the provisions of this section with respect to such account 50 have not been fully complied with, each deposit initiator shall pay to 51 such commissioner at such time, in lieu of the amount described in the 52 preceding sentence, an amount equal to the balance which would have been 53 outstanding on such date had such provisions been fully complied with. 54 The commissioner of taxation and finance may require that the payments 55 be made electronically.S. 237--C 10 1 § 10. Paragraph a of subdivision 7 of section 27-1012 of the environ- 2 mental conservation law, as amended by section 8 of part SS of chapter 3 59 of the laws of 2009, is amended to read as follows: 4 a. Any person who is a deposit initiator under this title before April 5 first, two thousand nine, must apply by June first, two thousand nine to 6 the commissioner of taxation and finance for registration as a deposit 7 initiator. Any person who becomes a deposit initiator on or after April 8 first, two thousand nine shall apply for registration prior to collect- 9 ing any deposits as such a deposit initiator. Such application shall be 10 in a form prescribed by the commissioner of taxation and finance and 11 shall require such information deemed to be necessary for proper admin- 12 istration of this title. The commissioner of taxation and finance may 13 require that applications for registration must be submitted electron- 14 ically. The commissioner of taxation and finance shall electronically 15 issue a deposit initiator registration certificate in a form prescribed 16 by the commissioner of taxation and finance within fifteen days of 17 receipt of such application or may take an additional ten days if the 18 commissioner of taxation and finance deems it necessary to consult with 19 the commissioner before issuing such registration certificate. A regis- 20 tration certificate issued pursuant to this subdivision may be issued 21 for a specified term of not less than three years and shall be subject 22 to renewal in accordance with procedures specified by the commissioner 23 of taxation and finance. The commissioner of taxation and finance shall 24 furnish to the commissioner a complete list of registered deposit initi- 25 ators and shall continually update such list as warranted. The commis- 26 sioner shall share any information with the commissioner of taxation and 27 finance that is necessary for the administration of this subdivision. 28 The commissioner shall publish the list of registered deposit initiators 29 and their covered products, and a list of registered redemption centers 30 on the department's website. 31 § 11. Section 27-1014 of the environmental conservation law, as 32 amended by section 10 of part SS of chapter 59 of the laws of 2009, is 33 amended to read as follows: 34 § 27-1014. Authority to promulgate rules and regulations. 35 In addition to the authority of the commissioner, under sections 36 27-1007, 27-1009 [and], 27-1011, 27-1012, 27-1013, and 27-1018 of this 37 title, the commissioner shall have the power to promulgate rules and 38 regulations necessary and appropriate for the administration of this 39 title. 40 § 12. Section 27-1018 of the environmental conservation law, as added 41 by section 13 of part SS of chapter 59 of the laws of 2009, is amended 42 to read as follows: 43 § 27-1018. Beverage container assistance program. 44 Notwithstanding any other provision of law to the contrary, within the 45 amounts retained by the comptroller for use under the beverage container 46 assistance program pursuant to subdivision five of section 27-1012 of 47 this title, and within the limits of appropriations therefor, the 48 commissioner shall make state assistance payments to municipalities, 49 qualifying small businesses, and not-for-profit organizations located in 50 the state, upon application, for the cost and installation of reverse 51 vending machines located or to be located in the state. Such state 52 assistance payments shall not exceed fifty percent of the costs of 53 equipment, [and/or the acquisition] installation and/or rehabilitation 54 of real property or structures located or to be located in the state 55 related to the collecting, sorting, and packaging of empty beverage 56 containers subject to the provisions of this title. [Such payments mayS. 237--C 11 1include costs related to the establishment of redemption centers,2including mobile redemption centers.] For the purposes of this section, 3 municipalities and not-for-profit organizations shall have the meaning 4 as defined in section 54-0101 of this chapter and qualified small busi- 5 nesses shall mean a dealer[, distributor] or redemption center as 6 defined in this title that employs less than fifty employees. Preference 7 for these funds shall be given to registered redemption centers that do 8 not utilize any reverse vending machines. Preference for these funds 9 shall also be given to municipalities, not-for-profit organizations, or 10 qualified small businesses that do not have a registered redemption 11 center within one mile. 12 § 13. Subdivision 1 of section 27-1013 of the environmental conserva- 13 tion law, as amended by section 7 of part F of chapter 58 of the laws of 14 2013, is amended to read as follows: 15 1. The commissioner is hereby empowered to promulgate rules and regu- 16 lations governing (a) the circumstances in which deposit initiators, 17 dealers and distributors, individually or collectively, are required to 18 accept the return of empty beverage containers, including beverage 19 containers processed through reverse vending machines and make payment 20 therefor; (b) the sorting of the containers which a deposit initiator or 21 distributor may require of dealers and redemption centers; (c) the 22 collection of returned beverage containers by deposit initiators or 23 distributors, including the party to whom such expense is to be charged, 24 the frequency of such pick ups, a process for safe pick ups, and the 25 payment for refunds and handling fees thereon; (d) the right of dealers 26 to restrict or limit the number of containers redeemed, the rules for 27 redemption at the dealers' place of business, and the redemption of 28 containers from a beverage for which sales have been discontinued; (e) 29 [to] the right of redemption centers to have timely, transparent, and 30 safe pick ups and transparent verification of container counts; (f) the 31 department shall issue registrations to persons, firms or corporations 32 which establish redemption centers, subject to applicable provisions of 33 local and state laws, at which redeemers and dealers may return empty 34 beverage containers and receive payment of the refund value of such 35 beverage containers[. Such], subject to a review that considers safety 36 and accessibility, and shall be renewed every ten years. As of April 37 first, two thousand twenty-six, such such registrations shall be issued 38 at [no cost] the cost of one hundred fifty dollars. Should the depart- 39 ment require [by] any additional regulations adopted pursuant to this 40 paragraph [that redemption centers must obtain a registration as a41condition of operation,] any redemption center in business as of [March42first, two thousand thirteen] April first, two thousand twenty-five that 43 previously provided the department with the notification information 44 required by regulations in effect as of such date may continue to oper- 45 ate as if the department had issued such redemption center a registra- 46 tion required by regulations adopted under this paragraph; provided, 47 however, that such redemption center shall provide the department with 48 any other information required by regulations adopted pursuant to this 49 paragraph. The department may, after due notice and opportunity of 50 hearing, pursuant to the provisions of section 71-1709 of this chapter, 51 deny an application or revoke a registration. In determining whether or 52 not to revoke a registration the commissioner shall at a minimum, take 53 into consideration the compliance history of a violator, good faith 54 efforts of a violator to comply, any economic benefit from noncompliance 55 and whether the violation was procedural in nature. The commissioner's 56 determination to revoke a registration is subject to review under arti-S. 237--C 12 1 cle seventy-eight of the civil practice law and rules; [and (f)] (g) the 2 operation of mobile redemption centers in order to ensure that to the 3 best extent practicable containers are not proffered for redemption to a 4 deposit initiator or distributor outside of the geographic area where 5 such deposit initiator sells containers and initiates deposits; (h) 6 yearly information provided to the department from dealers and redemp- 7 tion centers including number of containers redeemed and any other 8 information required by the department; and (i) climate mitigation 9 including targets within chapter one hundred six of the laws of two 10 thousand nineteen and recommendations on improving redeemed container 11 recycling rates. 12 § 14. Section 27-1005 of the environmental conservation law, as added 13 by section 4 of part SS of chapter 59 of the laws of 2009, is amended to 14 read as follows: 15 § 27-1005. Refund value. 16 No person shall sell or offer for sale a beverage container in this 17 state unless the deposit on such beverage container is or has been 18 collected by a registered deposit initiator and unless such container 19 has a refund value of not less than five cents, and beginning April 20 first, two thousand twenty-six, a refund value of not less than ten 21 cents, which is clearly indicated thereon as provided in section 27-1011 22 of this title. 23 § 15. Section 27-1018 of the environmental conservation law is 24 REPEALED. 25 § 16. This act shall take effect April 1, 2025; provided, however, 26 that section one of this act shall take effect April 1, 2026; provided, 27 further, that section two of this act shall take effect April 1, 2029; 28 provided, further, that the amendments to subdivision 6 of section 29 27-1007 of the environmental conservation law made by section four of 30 this act shall take effect immediately; and provided, further, that 31 section fifteen of this act shall take effect January 1, 2038, with any 32 proceeds transferred to the environmental protection fund established 33 pursuant to section 92-s of the state finance law. Effective immediate- 34 ly, the addition, amendment and/or repeal of any rule or regulation 35 necessary for the implementation of this act on its effective date are 36 authorized to be made and completed on or before such effective date.
