S T A T E O F N E W Y O R K
________________________________________________________________________
6353--A
2023-2024 Regular Sessions
I N A S S E M B L Y
April 5, 2023
___________
Introduced by M. of A. GLICK, FAHY, SIMON, DINOWITZ, L. ROSENTHAL,
GALLAGHER, RAMOS, PAULIN, AUBRY, CARROLL, GONZALEZ-ROJAS, SIMONE,
BURGOS, REYES, RIVERA, COLTON, BURDICK, DE LOS SANTOS, LAVINE,
O'DONNELL, SHIMSKY, DICKENS, EPSTEIN, STECK, ALVAREZ, RAGA, THIELE,
LEVENBERG, BORES, STIRPE, ARDILA, LUNSFORD, SILLITTI, HEVESI, SAYEGH,
KIM, ZINERMAN, GUNTHER, SHRESTHA, OTIS, WALLACE, TAYLOR,
BICHOTTE HERMELYN, FORREST, MAMDANI, CLARK, BRONSON, SEAWRIGHT,
KELLES, LUCAS, McMAHON, WEPRIN -- read once and referred to the
Committee on Environmental Conservation -- recommitted to the Commit-
tee on Environmental Conservation in accordance with Assembly Rule 3,
sec. 2 -- 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:
Section 1. 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, is amended to read as follows:
1. "Beverage" means carbonated soft drinks, NONCARBONATED SOFT DRINKS,
NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING LESS THAN ONE HUNDRED
PERCENT FRUIT OR VEGETABLE JUICE, COFFEE AND TEA BEVERAGES, CARBONATED
FRUIT BEVERAGES, water, beer, other malt beverages, CIDER AS DEFINED IN
SECTION THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW, and [a] wine [prod-
uct] PRODUCTS as defined in [subdivision thirty-six-a of] section three
of the alcoholic beverage control law. "Malt beverages" means any bever-
age obtained by the alcoholic fermentation or infusion or decoction of
barley, malt, hops, or other wholesome grain or cereal and water includ-
ing, but not limited to ale, stout or malt liquor. "Water" means any
beverage identified through the use of letters, words or symbols on its
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00531-16-4
A. 6353--A 2
product label as a type of water, including any flavored water or nutri-
tionally enhanced water[, provided, however, that "water" does not
include any beverage identified as a type of water to which a sugar has
been added].
§ 2. Subdivision 1 of section 27-1003 of the environmental conserva-
tion law, as amended by section one of this act, is amended to read as
follows:
1. "Beverage" means [carbonated soft drinks, noncarbonated soft
drinks, noncarbonated fruit or vegetable juices containing less than one
hundred percent fruit or vegetable juice, coffee and tea beverages,
carbonated fruit beverages, water, beer, other malt beverages, cider as
defined in section three of the alcoholic beverage control law, and a
wine product as defined in section three of the alcoholic beverage
control law. "Malt beverages" means any beverage obtained by the alco-
holic fermentation or infusion or decoction of barley, malt, hops, or
other wholesome grain or cereal and water including, but not limited to
ale, stout or malt liquor. "Water" means any beverage identified through
the use of letters, words or symbols on its product label as a type of
water, including any flavored water or nutritionally enhanced water] ANY
DRINKABLE LIQUID INTENDED FOR HUMAN ORAL CONSUMPTION. THE TERM BEVERAGE
DOES NOT INCLUDE: A DRUG REGULATED UNDER THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT, 21 U.S.C. 301 ET SEQ.; INFANT FORMULA; A MEAL REPLACEMENT
LIQUID; DAIRY PRODUCTS DERIVED FROM ANIMAL MILK; PLANT-BASED DAIRY
ALTERNATIVES; AND NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING ONE
HUNDRED PERCENT FRUIT OR VEGETABLE JUICE.
§ 3. Subdivisions 8 and 12 of section 27-1003 of the environmental
conservation law, subdivision 8 as added by chapter 200 of the laws of
1982 and subdivision 12 as added by section 3 of part SS of chapter 59
of the laws of 2009, are amended and five new subdivisions 14, 15, 16,
17 and 18 are added to read as follows:
8. "Redeemer" means every person who demands the refund value provided
for herein in exchange for the empty beverage container, REGARDLESS OF
PERSONAL PURCHASE OF THE BEVERAGE CONTAINER, but shall not include a
dealer as defined in subdivision four of this section.
12. "Reverse vending machine" means an automated device that uses a
laser scanner, microprocessor, or other technology to accurately recog-
nize the universal product code (UPC) on containers to determine if the
container is redeemable and accumulates information regarding containers
redeemed, including the number of such containers redeemed, thereby
enabling the reverse vending machine to accept containers from redeemers
and to issue LEGAL TENDER OR a scrip [or], receipt, OR OTHER FORM OF
CREDIT for their refund value. SUCH DEFINITION SHALL ALSO APPLY TO
ALTERNATIVE TECHNOLOGY APPROVED BY THE COMMISSIONER PURSUANT TO SUBPARA-
GRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 27-1007 OF
THIS TITLE. NOTHING IN THIS DEFINITION SHALL BE CONSTRUED TO RELIEVE A
DEALER SPECIFIED IN SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION 27-1007 OF THIS TITLE OF THE REQUIREMENT TO PROVIDE AN
IMMEDIATE FORM OF DEPOSIT REPAYMENT IF THE REVERSE VENDING MACHINE OR
ALTERNATIVE TECHNOLOGY DOES NOT PROVIDE SUCH.
14. "REFILLABLE BEVERAGE CONTAINER" MEANS ANY BEVERAGE CONTAINER WHICH
IS SO CONSTRUCTED AND DESIGNED THAT IT IS STRUCTURALLY CAPABLE OF BEING
REFILLED AND RESOLD AT LEAST FIFTY TIMES BY A BEVERAGE MANUFACTURER, AND
WHICH THE BEVERAGE MANUFACTURER REQUIRES TO BE RETURNED FOR THE PURPOSE
OF REFILLING AND RESALE.
15. "RETURN AND REUSABLE SYSTEM" MEANS A REFILLABLE BEVERAGE CONTAINER
REUSE SYSTEM THAT FEATURES AN OPERATIONAL AND FINANCIAL ARRANGEMENT IN
A. 6353--A 3
WHICH REFILLABLE BEVERAGE CONTAINERS ARE COLLECTED FOR WASHING AND REUS-
ING. THE DISTANCES BETWEEN EACH POINT OF THE SYSTEM SHALL BE NO GREATER
THAN TWO HUNDRED MILES.
16. "REDEMPTION RATE" MEANS THE PERCENTAGE OF BEVERAGE CONTAINERS SOLD
THAT ARE REDEEMED FOR DEPOSIT VALUE.
17. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
COMPONENTS OR COMMODITIES CONTAINED IN DISCARDS FOR THE PURPOSE OF
PREPARING THE MATERIALS, COMPONENTS, OR COMMODITIES FOR USE OR REUSE IN
NEW PRODUCTS OR COMPONENTS. "RECYCLING" SHALL NOT INCLUDE:
(A) ENERGY RECOVERY OR ENERGY GENERATION BY ANY MEANS, INCLUDING BUT
NOT LIMITED TO, COMBUSTION, INCINERATION, PYROLYSIS, GASIFICATION,
SOLVOLYSIS, OR WASTE-TO-FUEL;
(B) ANY CHEMICAL CONVERSION PROCESS; OR
(C) LANDFILL DISPOSAL.
18. "RECYCLING RATE" MEANS THE PERCENTAGE OF REDEEMED BEVERAGE
CONTAINERS THAT ARE ULTIMATELY RECYCLED. THE RECYCLING RATE SHALL BE
CALCULATED AS THE TOTAL WEIGHT OF BEVERAGE CONTAINERS THAT ARE RECYCLED
IN A GIVEN YEAR DIVIDED BY THE TOTAL WEIGHT OF BEVERAGE CONTAINERS
GENERATED BY A DISTRIBUTOR IN THAT YEAR.
§ 4. Section 27-1007 of the environmental conservation law, as added
by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
of subdivision 1 as amended by chapter 459 of the laws of 2011, and
subdivision 12 as added by section 3 of part F of chapter 58 of the laws
of 2013, is amended to read as follows:
§ 27-1007. Mandatory acceptance.
Except as provided in section 27-1009 of this title:
1. (a) A dealer shall accept at [his or her] SUCH DEALER'S place of
business 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. IN THE EVENT
SUCH SCRIP OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT MUST INDICATE ANY
EXPIRATION DATE AND THE DEALER MUST POST A CONSPICUOUS SIGN INDICATING
HOW MANY DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR LEGAL
TENDER. IF SUCH NOTIFICATION IS NOT PROVIDED, A DEALER MUST REDEEM THE
FULL REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. 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. ALL DEALERS AND REDEMPTION CENTERS SHALL PROVIDE CONSUM-
ERS THE ABILITY TO RECYCLE ANY CONTAINERS DEEMED UNREDEEMABLE.
(b) Beginning March first, two thousand ten, a dealer whose place of
business is part of a chain engaged in the same general field of busi-
ness which operates ten or more units in this state under common owner-
ship and whose business has at least: (i) forty thousand but less than
sixty thousand square feet devoted to the display of merchandise for
sale to the public shall install and maintain at least two reverse vend-
ing machines at the dealer's place of business; (ii) sixty thousand but
A. 6353--A 4
less than eighty-five thousand square feet devoted to the display of
merchandise for sale to the public shall install and maintain at least
three reverse vending machines at the dealer's place of business; or
(iii) eighty-five thousand square feet devoted to the display of
merchandise for sale to the public shall install and maintain at least
four reverse vending machines at the dealer's place of business. The
requirements of [paragraph (b) of] this subdivision to install and main-
tain reverse vending machines shall not apply to a dealer that: (i)
sells only beverage containers of twenty ounces or less where such
beverage containers are packaged in quantities fewer than six; (ii)
sells beverage containers and devotes no more than five percent of its
floor space to the display and sale of consumer commodities, as defined
in section two hundred fourteen-h of the agriculture and markets law; or
(iii) obtains a waiver from the commissioner authorizing dealers to
provide consumers with an alternative technology that: (A) determines if
the container is redeemable, (B) provides protections against fraud
through a system that validates each container redeemed by reading the
universal product code and, except with respect to refillable contain-
ers, renders the container unredeemable, (C) accumulates information
regarding containers redeemed, and (D) issues legal tender, or a scrip,
receipt, or other form of credit for the refund value, that can be
exchanged for legal tender for a period of not less than sixty days
without requiring the purchase of other goods AND INCLUDES ANY EXPIRA-
TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT. Notwithstand-
ing the foregoing, if the alternative technology does not allow consum-
ers to immediately obtain the refund value of the redeemed container, a
dealer shall be permitted to deploy such alternative technology only if
it also offers an alternative that allows consumers to conveniently and
immediately obtain such refund value through a reverse vending machine
or other alternative method.
(c) A dealer to which paragraph (b) of this subdivision does not apply
and whose place of business is at least forty thousand square feet which
does not utilize reverse vending machines to process empty beverage
containers for redemption shall: (i) establish and maintain a dedicated
area within such business to accept beverage containers for redemption;
(ii) adequately staff such area to facilitate efficient acceptance and
processing of such containers during business hours; and (iii) post one
or more conspicuous signs conforming to the size and color requirements
described in subdivision two of this section at each public entrance to
the business which describes where in the business the redemption area
is located. The commissioner may establish in rules and regulations
additional standards for the efficient processing of beverage containers
by such dealers.
(d) For the purposes of this subdivision on any day that a dealer is
open for less than twenty-four hours, the dealer may restrict or refuse
the payment of refund values during the first and last hour the dealer
is open for business.
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:
A. 6353--A 5
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. 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 avail-
able 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.
3. On or after June first, two thousand nine, a dealer may limit the
number of empty beverage containers to be accepted for redemption at the
dealer's place of business to no less than seventy-two containers per
visit, per redeemer, per day, provided that:
(a) The dealer has a written agreement with a redemption center, be it
either at a fixed physical location within the same county and within
[one-half] ONE mile of the dealer's place of business, or a mobile
redemption center, operated by a redemption center, that is located
within one-quarter mile of the dealer's place of business. The redemp-
tion center must have a written agreement with the dealer to accept
containers on behalf of the dealer; and the redemption center's hours of
operation must cover at least [9:00 a.m. through 7:00 p.m.] EIGHT HOURS
daily or in the case of a mobile redemption center, the hours of opera-
tion must cover at least four consecutive hours between 8:00 a.m. and
8:00 p.m. daily. The dealer must post a conspicuous, permanent sign,
meeting the size and color specifications set forth in subdivision two
of this section, open to public view, identifying the location and hours
of operation of the affiliated redemption center or mobile redemption
center; and
(b) The dealer provides, at a minimum, a consecutive two hour period
between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer, per day, and posts a
conspicuous, permanent sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
tifying those hours. The dealer may not change the hours of redemption
without first posting a thirty day notice; and
(c) The dealer's primary business is the sale of food or beverages for
consumption off-premises, and the dealer's place of business is less
than ten thousand square feet in size.
4. A deposit initiator shall accept from a dealer or operator of a
redemption center any empty beverage container of the design, shape,
size, color, composition and brand sold or offered for sale by the
A. 6353--A 6
deposit initiator, and shall pay the dealer or operator of a redemption
center the refund value of each such beverage container as established
by section 27-1005 of this title. A deposit initiator shall accept and
redeem all such empty beverage containers from a dealer or redemption
center without limitation on quantity.
5. A deposit initiator's or distributor's failure to pick up empty
beverage containers, including containers processed in a reverse vending
machine, from a redemption center, dealer or the operator of a reverse
vending machine, IN A TIMELY MANNER AND AT REASONABLE TIMES AS PROVIDED
BY THE DEPARTMENT PURSUANT TO THE REGULATIONS PROMULGATED PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION shall be a violation
of this title.
6. In addition to the refund value of a beverage container as estab-
lished by section 27-1005 of this title, a deposit initiator shall pay
to any dealer or operator of a redemption center a handling fee of
[three and one-half] FIVE cents for each beverage container accepted by
the deposit initiator from such dealer or operator of a redemption
center. BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-SIX, THE HANDLING
FEE SHALL BE SIX CENTS. BEGINNING APRIL FIRST, TWO THOUSAND THIRTY-ONE,
THE HANDLING FEE SHALL BE SIX AND ONE-HALF CENTS. Payment of the handl-
ing fee shall be as compensation for collecting, sorting and packaging
of empty beverage containers for transport back to the deposit initiator
or its designee. Payment of the handling fee may not be conditioned on
the purchase of any goods or services, nor may such payment be made out
of the refund value account established pursuant to section 27-1012 of
this title. A distributor who does not initiate deposits on a type of
beverage container is considered a dealer only for the purpose of
receiving a handling fee from a deposit initiator.
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. In addition, the deposit initiator shall reimburse such
distributor for each such beverage container the handling fee estab-
lished 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.
8. It shall be the responsibility of the deposit initiator or distrib-
utor to provide to a dealer or redemption center a sufficient number of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing, handling and pickup of empty beverage containers that are not
redeemed through a reverse vending machine. The bags, cartons, or
containers must be provided by the deposit initiator or distributor on a
schedule that allows the dealer or redemption center sufficient time to
sort the empty beverage containers prior to pick up by the deposit
initiator or distributor. In addition:
(a) When picking up empty beverage containers, a deposit initiator or
distributor shall not require a dealer or redemption center to load
their own bags, cartons or containers onto or into the deposit initi-
ator's or distributor's vehicle or vehicles or provide the staff or
A. 6353--A 7
equipment needed to do so. HOWEVER, WHERE PALLETS OR SKIDS, BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR EQUIPMENT, A DEPOSIT INITIATOR OR DISTRIBUTOR MAY REQUIRE A
DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING
A FORKLIFT OR SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
CENTER PROVIDED THAT SUCH EQUIPMENT AND APPROPRIATE STAFF ARE READILY
AVAILABLE.
(b) A deposit initiator or distributor shall not require empty
containers to be counted at a location other than the redemption center
or dealer's place of business. The dealer or redemption center shall
have the right to be present at the count. IN THE EVENT OF A DISCREPANCY
BETWEEN THE COUNT OF THE DEALER OR REDEMPTION CENTER AND THE COUNT OF
THE DEPOSIT INITIATOR OR DISTRIBUTOR FOR CONTAINERS NOT PROCESSED
THROUGH A REVERSE VENDING MACHINE ALL SUCH EMPTY CONTAINERS SHALL BE
RETAINED AND A RE-COUNT MAY BE REQUESTED. THE RE-COUNT MAY BE HELD AT A
LOCATION OTHER THAN THE REDEMPTION CENTER OR DEALER'S PLACE OF BUSINESS
ONLY IF THE DEALER OR REDEMPTION CENTER AGREES AND IS PRESENT.
(c) A deposit initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center IN A TIMELY MANNER AND
at reasonable times [and intervals] as determined in rules or regu-
lations promulgated by the department NO LATER THAN APRIL FIRST, TWO
THOUSAND TWENTY-SIX.
9. No person shall return or assist another to return to a dealer or
redemption center an empty beverage container for its refund value if
such container had previously been accepted for redemption by a dealer,
redemption center, or deposit initiator who initiates deposits on bever-
age containers of the same brand.
10. A redeemer, dealer, distributor or redemption center shall not
knowingly redeem an empty beverage container on which a deposit was
never paid in New York state.
11. Notwithstanding the provisions of subdivision two of section
27-1009 of this title, a deposit initiator or distributor shall accept
and redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall have accepted and paid the
refund value of such beverage containers.
12. No person shall intentionally program, tamper with, render inaccu-
rate, or circumvent the proper operation of a reverse vending machine to
wrongfully elicit deposit monies when no valid, redeemable beverage
container has been placed in and properly processed by the reverse vend-
ing machine.
13. THE DEPARTMENT AND THE DEPARTMENT OF TAXATION AND FINANCE ARE
AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE.
14. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
DEALER SHALL NOT BE REQUIRED TO ACCEPT FROM A REDEEMER ANY EMPTY BEVER-
AGE CONTAINER AT A FARMERS' MARKET AS SUCH TERM IS DEFINED BY THE
DEPARTMENT OF AGRICULTURE AND MARKETS.
§ 5. Subdivision 1 of section 27-1011 of the environmental conserva-
tion law is amended by adding a new paragraph c to read as follows:
C. EACH BEVERAGE CONTAINER SOLD OR OFFERED FOR SALE IN THIS STATE THAT
HAS A REFUND VALUE PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, SHALL
INCLUDE A UNIVERSAL PRODUCT CODE AND BARCODE PRINTED ON THE LABEL THAT
IS READABLE BY REVERSE VENDING MACHINE OR ALTERNATIVE TECHNOLOGY. EACH
DEPOSIT INITIATOR SHALL PROVIDE SUCH UNIVERSAL PRODUCT CODE AND BARCODE
AND OWNERSHIP AND PACKAGING INFORMATION OF ANY SUCH BEVERAGE CONTAINER,
TO THE DEPARTMENT NOT LESS THAN FORTY-FIVE DAYS PRIOR TO SUCH PRODUCT
BEING OFFERED FOR SALE IN THE STATE. THE DEPARTMENT SHALL, NOT MORE THAN
A. 6353--A 8
THIRTY DAYS AFTER RECEIPT OF SUCH INFORMATION, MAKE THIS INFORMATION
READILY AVAILABLE TO ANY REDEMPTION CENTER, REVERSE VENDING MACHINE
SYSTEM OPERATOR, DEPOSIT INITIATOR-AUTHORIZED CONTRACTED AGENTS, OR ANY
OTHER APPROPRIATE STAKEHOLDER APPROVED BY THE DEPARTMENT.
§ 6. Paragraph (b) of subdivision 3 of section 27-1011 of the environ-
mental conservation law, as added by section 1 of part PP of chapter 58
of the laws of 2018, is amended and a new subdivision 4 is added to read
as follows:
(b) comply with [minimum post-consumer recycled material content and]
hole diameter limitations as defined in rules and regulations promulgat-
ed by the department NO LATER THAN APRIL FIRST, TWO THOUSAND
TWENTY-FIVE, and is recyclable and indicates a resin identification
code.
4. EACH DISTRIBUTOR IS REQUIRED TO MEET THE FOLLOWING PERFORMANCE
REQUIREMENTS: (A) BEGINNING APRIL FIRST, TWO THOUSAND THIRTY, AT LEAST
TWENTY-FIVE PERCENT OF ALL BEVERAGE CONTAINERS SOLD BY EACH DISTRIBUTOR
IN THE STATE SHALL BE REFILLABLE CONTAINERS THAT ARE PART OF A RETURN
AND REUSABLE SYSTEM. EACH DISTRIBUTOR SHALL WORK WITH DEALERS, REVERSE
VENDING MACHINE OWNERS, AND REDEMPTION CENTERS TO ENSURE THAT REFILLA-
BLE BEVERAGE CONTAINERS SOLD BY THE DISTRIBUTOR ACHIEVE AT LEAST AN
EIGHTY PERCENT RETURN RATE.
(B) (I) BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ALL DISTRIBU-
TORS OF NON-REFILLABLE BEVERAGE CONTAINERS SHALL REPORT THE RECYCLING
RATE, BY MATERIAL TYPE, OF REDEEMED CONTAINERS TO THE DEPARTMENT.
(II) BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-SIX, AT LEAST SEVENTY
PERCENT OF THE REDEEMED BEVERAGE CONTAINER MATERIAL SHALL BE RECYCLED.
(III) BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-EIGHT, AT LEAST
EIGHTY PERCENT OF THE REDEEMED BEVERAGE CONTAINER MATERIAL SHALL BE
RECYCLED.
(IV) BEGINNING APRIL FIRST, TWO THOUSAND THIRTY, AT LEAST NINETY
PERCENT OF THE REDEEMED BEVERAGE CONTAINER MATERIAL, INCLUDING BEVERAGE
CONTAINER CAPS, LIDS, AND OTHER RIGID SEALERS, SHALL BE RECYCLED.
§ 7. Subdivision 5 of section 27-1012 of the environmental
conservation law, as amended by section 2 of part JJ of chapter 58 of
the laws of 2017, is amended to read as follows:
5. All moneys collected or received by the department of taxation and
finance pursuant to this title shall be deposited to the credit of the
comptroller with such responsible banks, banking houses or trust compa-
nies as may be designated by the comptroller. Such deposits shall be
kept separate and apart from all other moneys in the possession of the
comptroller. The comptroller shall require adequate security from all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to be necessary for refunds out of which the comptroller must pay any
refunds to which a deposit initiator may be entitled. OF THE REVENUE
REMAINING FOLLOWING PAYMENTS OF ANY REFUNDS, THE COMPTROLLER SHALL
RETAIN AN AMOUNT EQUAL TO FIVE PERCENT OF THE TOTAL FOR THE BEVERAGE
CONTAINER ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO SECTION 27-1018 OF
THIS TITLE. After reserving the amount to pay refunds, the comptroller
must, by the tenth day of each month, pay into the state treasury to the
credit of the general fund the revenue deposited under this subdivision
during the preceding calendar month and remaining to the comptroller's
credit on the last day of that preceding month; provided, however, that,
beginning April first, two thousand thirteen, nineteen million dollars,
and all fiscal years thereafter, twenty-three million dollars plus all
funds received from the payments due each fiscal year pursuant to subdi-
A. 6353--A 9
vision four of this section in excess of the greater of the amount
received from April first, two thousand twelve through March thirty-
first, two thousand thirteen or one hundred twenty-two million two
hundred thousand dollars, shall be deposited to the credit of the envi-
ronmental protection fund established pursuant to section ninety-two-s
of the state finance law.
§ 8. Paragraph c of subdivision 3 of section 27-1012 of the environ-
mental conservation law, as added by section 8 of part SS of chapter 59
of the laws of 2009, is amended and a new subdivision 13 is added to
read as follows:
c. all withdrawals from the refund value account during such quarter,
including all reimbursements paid pursuant to subdivision two of this
section, all service charges on the account, PROVIDED THAT SUCH SERVICE
CHARGES DO NOT EXCEED THE MAXIMUM AMOUNT AUTHORIZED BY THE COMMISSIONER,
and all payments made pursuant to subdivision four of this section; and
13. ANNUALLY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
TAXATION AND FINANCE, SHALL USE AVAILABLE INFORMATION TO PRODUCE AN
ANNUAL REPORT AT A MINIMUM CONTAINING INFORMATION ON REDEMPTION RATES,
CONTAINER MATERIAL TYPES BY PERCENT USAGE, REFILLABLE CONTAINER USAGE,
FRAUD AND ENFORCEMENT ACTIONS, AN ANALYSIS OF THE HANDLING FEE AND
CONSUMER PRICE INDEX, AND INFORMATION ON HOW THIS PROGRAM HELPS TO
ACHIEVE THE TARGETS OF CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU-
SAND NINETEEN. SUCH REPORT SHALL BE SHARED WITH THE LEGISLATURE AND
POSTED PUBLICLY ON THE DEPARTMENT'S WEBSITE.
§ 9. Paragraph a of subdivision 4 of section 27-1012 of the environ-
mental conservation law, as added by section 8 of part SS of chapter 59
of the laws of 2009, is amended to read as follows:
a. Quarterly payments. An amount equal to eighty percent of the
balance outstanding in the refund value account at the close of each
quarter shall be paid to the commissioner of taxation and finance at the
time the report provided for in subdivision three of this section is
required to be filed. The commissioner of taxation and finance may
require that the payments be made electronically. The remaining twenty
percent of the balance outstanding at the close of each quarter shall be
the monies of the deposit initiator and may be withdrawn from such
account by the deposit initiator. HOWEVER, A DEPOSIT INITIATOR WHO
INITIATES DEPOSITS ON REFILLABLE BEVERAGE CONTAINERS WHICH ARE PART OF A
RETURN AND REUSABLE SYSTEM MAY BE ENTITLED TO PAY AN AMOUNT EQUAL TO
SEVENTY-FIVE PERCENT OF THE BALANCE OUTSTANDING IN THE REFUND VALUE
ACCOUNT SPECIFICALLY ATTRIBUTABLE TO REFILLABLE BEVERAGE CONTAINERS AT
THE CLOSE OF EACH QUARTER TO THE COMMISSIONER OF TAXATION AND FINANCE AT
THE TIME THE REPORT PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION IS
REQUIRED TO BE FILED. THE DEPARTMENT SHALL PROMULGATE RULES ON THE
ELIGIBILITY OF DEPOSIT INITIATORS FOR SUCH REFILLABLE BEVERAGE CONTAINER
BONUS. If the provisions of this section with respect to such account
have not been fully complied with, each deposit initiator shall pay to
such commissioner at such time, in lieu of the amount described in the
preceding sentence, an amount equal to the balance which would have been
outstanding on such date had such provisions been fully complied with.
The commissioner of taxation and finance may require that the payments
be made electronically.
§ 10. Paragraph a of subdivision 7 of section 27-1012 of the environ-
mental conservation law, as amended by section 8 of part SS of chapter
59 of the laws of 2009, is amended to read as follows:
a. Any person who is a deposit initiator under this title before April
first, two thousand nine, must apply by June first, two thousand nine to
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the commissioner of taxation and finance for registration as a deposit
initiator. Any person who becomes a deposit initiator on or after April
first, two thousand nine shall apply for registration prior to collect-
ing any deposits as such a deposit initiator. Such application shall be
in a form prescribed by the commissioner of taxation and finance and
shall require such information deemed to be necessary for proper admin-
istration of this title. The commissioner of taxation and finance may
require that applications for registration must be submitted electron-
ically. The commissioner of taxation and finance shall electronically
issue a deposit initiator registration certificate in a form prescribed
by the commissioner of taxation and finance within fifteen days of
receipt of such application or may take an additional ten days if the
commissioner of taxation and finance deems it necessary to consult with
the commissioner before issuing such registration certificate. A regis-
tration certificate issued pursuant to this subdivision may be issued
for a specified term of not less than three years and shall be subject
to renewal in accordance with procedures specified by the commissioner
of taxation and finance. The commissioner of taxation and finance shall
furnish to the commissioner a complete list of registered deposit initi-
ators and shall continually update such list as warranted. The commis-
sioner shall share any information with the commissioner of taxation and
finance that is necessary for the administration of this subdivision.
THE COMMISSIONER SHALL PUBLISH THE LIST OF REGISTERED DEPOSIT INITIATORS
AND THEIR COVERED PRODUCTS, AND A LIST OF REGISTERED REDEMPTION CENTERS
ON THE DEPARTMENT'S WEBSITE.
§ 11. Section 27-1014 of the environmental conservation law, as
amended by section 10 of part SS of chapter 59 of the laws of 2009, is
amended to read as follows:
§ 27-1014. Authority to promulgate rules and regulations.
In addition to the authority of the commissioner, under sections
27-1007, 27-1009 [and], 27-1011, 27-1012, 27-1013, AND 27-1018 of this
title, the commissioner shall have the power to promulgate rules and
regulations necessary and appropriate for the administration of this
title.
§ 12. Section 27-1018 of the environmental conservation law, as added
by section 13 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
§ 27-1018. Beverage container assistance program.
Notwithstanding any other provision of law to the contrary, WITHIN THE
AMOUNTS RETAINED BY THE COMPTROLLER FOR USE UNDER THE BEVERAGE CONTAINER
ASSISTANCE PROGRAM PURSUANT TO SUBDIVISION FIVE OF SECTION 27-1012 OF
THIS TITLE, AND within the limits of appropriations therefor, the
commissioner shall make state assistance payments to municipalities,
QUALIFYING SMALL businesses, and not-for-profit organizations located in
the state, UPON APPLICATION, for the cost AND INSTALLATION of reverse
vending machines located or to be located in the state. Such state
assistance payments shall not exceed fifty percent of the costs of
equipment, [and/or the acquisition] INSTALLATION and/or rehabilitation
of real property or structures located or to be located in the state
related to the collecting, sorting, and packaging of empty beverage
containers subject to the provisions of this title. [Such payments may
include costs related to the establishment of redemption centers,
including mobile redemption centers.] For the purposes of this section,
municipalities and not-for-profit organizations shall have the meaning
as defined in section 54-0101 of this chapter and QUALIFIED SMALL busi-
nesses shall mean a dealer[, distributor] or redemption center as
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defined in this title that employs less than fifty employees. PREFERENCE
FOR THESE FUNDS SHALL BE GIVEN TO REGISTERED REDEMPTION CENTERS THAT DO
NOT UTILIZE ANY REVERSE VENDING MACHINES. PREFERENCE FOR THESE FUNDS
SHALL ALSO BE GIVEN TO MUNICIPALITIES, NOT-FOR-PROFIT ORGANIZATIONS, OR
QUALIFIED SMALL BUSINESSES THAT DO NOT HAVE A REGISTERED REDEMPTION
CENTER WITHIN ONE MILE.
§ 13. Subdivision 1 of section 27-1013 of the environmental conserva-
tion law, as amended by section 7 of part F of chapter 58 of the laws of
2013, is amended to read as follows:
1. The commissioner is hereby empowered to promulgate rules and regu-
lations governing (a) the circumstances in which deposit initiators,
dealers and distributors, individually or collectively, are required to
accept the return of empty beverage containers, including beverage
containers processed through reverse vending machines and make payment
therefor; (b) the sorting of the containers which a deposit initiator or
distributor may require of dealers and redemption centers; (c) the
collection of returned beverage containers by deposit initiators or
distributors, including the party to whom such expense is to be charged,
the frequency of such pick ups, A PROCESS FOR SAFE PICK UPS, and the
payment for refunds and handling fees thereon; (d) the right of dealers
to restrict or limit the number of containers redeemed, the rules for
redemption at the dealers' place of business, and the redemption of
containers from a beverage for which sales have been discontinued; (e)
[to] THE RIGHT OF REDEMPTION CENTERS TO HAVE TIMELY, TRANSPARENT, AND
SAFE PICK UPS AND TRANSPARENT VERIFICATION OF CONTAINER COUNTS; (F) THE
DEPARTMENT SHALL issue registrations to persons, firms or corporations
which establish redemption centers, subject to applicable provisions of
local and state laws, at which redeemers and dealers may return empty
beverage containers and receive payment of the refund value of such
beverage containers[. Such], SUBJECT TO A REVIEW THAT CONSIDERS SAFETY
AND ACCESSIBILITY, AND SHALL BE RENEWED EVERY TEN YEARS. AS OF APRIL
FIRST, TWO THOUSAND TWENTY-SIX, SUCH SUCH registrations shall be issued
at [no cost] THE COST OF ONE HUNDRED FIFTY DOLLARS. Should the depart-
ment require [by] ANY ADDITIONAL regulations adopted pursuant to this
paragraph [that redemption centers must obtain a registration as a
condition of operation,] any redemption center in business as of [March
first, two thousand thirteen] APRIL FIRST, TWO THOUSAND TWENTY-FIVE that
previously provided the department with the notification information
required by regulations in effect as of such date may continue to oper-
ate as if the department had issued such redemption center a registra-
tion required by regulations adopted under this paragraph; provided,
however, that such redemption center shall provide the department with
any other information required by regulations adopted pursuant to this
paragraph. The department may, after due notice and opportunity of
hearing, pursuant to the provisions of section 71-1709 of this chapter,
deny an application or revoke a registration. In determining whether or
not to revoke a registration the commissioner shall at a minimum, take
into consideration the compliance history of a violator, good faith
efforts of a violator to comply, any economic benefit from noncompliance
and whether the violation was procedural in nature. The commissioner's
determination to revoke a registration is subject to review under arti-
cle seventy-eight of the civil practice law and rules; [and (f)] (G) the
operation of mobile redemption centers in order to ensure that to the
best extent practicable containers are not proffered for redemption to a
deposit initiator or distributor outside of the geographic area where
such deposit initiator sells containers and initiates deposits; (H)
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YEARLY INFORMATION PROVIDED TO THE DEPARTMENT FROM DEALERS AND REDEMP-
TION CENTERS INCLUDING NUMBER OF CONTAINERS REDEEMED AND ANY OTHER
INFORMATION REQUIRED BY THE DEPARTMENT; AND (I) CLIMATE MITIGATION
INCLUDING TARGETS WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO
THOUSAND NINETEEN AND RECOMMENDATIONS ON IMPROVING REDEEMED CONTAINER
RECYCLING RATES.
§ 14. Section 27-1005 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:
§ 27-1005. Refund value.
No person shall sell or offer for sale a beverage container in this
state unless the deposit on such beverage container is or has been
collected by a registered deposit initiator and unless such container
has a refund value of not less than five cents, AND BEGINNING APRIL
FIRST, TWO THOUSAND TWENTY-SIX, A REFUND VALUE OF NOT LESS THAN TEN
CENTS, which is clearly indicated thereon as provided in section 27-1011
of this title.
§ 15. Section 27-1018 of the environmental conservation law is
REPEALED.
§ 16. This act shall take effect April 1, 2025; provided, however,
that section one of this act shall take effect April 1, 2026; provided,
further, that section two of this act shall take effect April 1, 2029;
provided, further, that the amendments to subdivision 6 of section
27-1007 of the environmental conservation law made by section four of
this act shall take effect immediately; and provided, further, that
section fifteen of this act shall take effect January 1, 2038, with any
proceeds transferred to the environmental protection fund established
pursuant to section 92-s of the state finance law. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.