NY State Senate Bill 2023-S6869

Senate Bill S6869

2023-2024 Legislative Session

Relates to beverage container handling fees paid to dealers or operators of redemption centers

download bill text pdf

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2024	print number 6869b
Jun 04, 2024	amend (t) and recommit to finance
Feb 27, 2024	reported and committed to finance
Jan 12, 2024	print number 6869a
Jan 12, 2024	amend and recommit to environmental conservation
Jan 03, 2024	referred to environmental conservation
May 12, 2023	referred to environmental conservation

Votes

- Feb 27, 2024 - Environmental Conservation Committee Vote
  S6869
  
  7
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Feb 27, 2024
      
      aye (7)
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      May
      
      Serrano
      
      Skoufis
      
      aye wr (4)
      
      Canzoneri-Fitzpatrick
      
      Martinez
      
      Palumbo
      
      Stec

Bill Amendments

Original

B (Active)

2023-S6869 - Details

See Assembly Version of this Bill:: A7557
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1012 & 27-1018, En Con L

2023-S6869 - Summary

Increases the handling fee paid by deposit initiators to dealers or operators of a redemption center from 3.5 cents to 4.5 cents.

2023-S6869 - Sponsor Memo

                                 
BILL NUMBER: S6869

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
retention and use of funds for the beverage container assistance program

 
PURPOSE::

The purpose of this bill is to increase the number of redemption centers
and reverse vending machines across New York state and thereby increase
the recycling and redemption of beverage containers with redeemable
deposits under the state's "Bottle Bill"

 
SUMMARY OF PROVISIONS::

The bill amends subdivision 5 of section 27-1012 of the environmental
conservation law to direct the comptroller to retain two percent of the
total revenues of the unclaimed deposit funds, collected in the prior
year, for use by the commissioner of environmental conservation under
the beverage container assistance program.

Section 27-1018 of the environmental conservation law, as added by the
section 13 of part SS of chapter 59 of the laws of 2009, is amended to
allow the commissioner to use the unclaimed deposit funds made available
by the comptroller for the purposes of that section. Those purposes
include state assistance payments of up to 50% for the costs related to
the establishment of beverage container redemption centers, reverse
vending machines, and the rehabilitation of real property or structures
used for collecting, sorting, and packaging of empty beverage containers
that are subject to the provisions of this title.

The bill makes the grant funding available to businesses, not-for-profit
organizations, and municipalities located in the state including deal-
ers, distributors, or redemption centers as defined in this title and
with no restriction on number of employees for eligibility.

 
JUSTIFICATION::

The beverage container assistance program was created in 2009, when the
state's Returnable Container Act (the "Bottle Bill") was amended to
include water bottles. It was intended to increase additional centers
and machines for returning for individuals to redeem the deposit on the
newly added containers; however, the program has not received funding
and to date has not been effective in implementing its goal of adding
redemption centers and reverse vending machines to handle the increased
volume of containers eligible for redemption. In order to achieve that
original goal, and to provide the needed additional infrastructure for
container returns, this bill would create an annual revenue stream,
using funds collected and held by the state from the collection of
containers for which no deposit was claimed.

According to news reports, in 2021 the state received $139 million in
unclaimed beverage container deposits.

 
LEGISLATIVE HISTORY::

New bill
 
FISCAL IMPLICATIONS::

Each calendar year, the amount of funds made available through the
provisions of this bill will depend upon the unclaimed deposit revenues
collected by the state.

 
EFFECTIVE DATE::

Immediately

2023-S6869 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6869
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 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
   retention  and  use  of  funds  for  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  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  TOTAL
 REVENUE  COLLECTED,  THE COMPTROLLER SHALL RETAIN AN AMOUNT EQUAL TO TWO
 PERCENT OF THE TOTAL OF SUCH REVENUES COLLECTED IN  THE  PRIOR  CALENDAR
 YEAR,  TO  BE  DISTRIBUTED TO THE COMMISSIONER, AS NEEDED, FOR USE UNDER
 THE BEVERAGE CONTAINER ASSISTANCE PROGRAM PURSUANT TO SECTION 27-1018 OF
 THIS TITLE. After reserving the [amount] AMOUNTS to pay refunds AND  FOR
 USE  UNDER  THE  BEVERAGE  CONTAINER ASSISTANCE PROGRAM, 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10766-02-3

 S. 6869                             2
 
 and  all  fiscal years thereafter, twenty-three million dollars plus all
 funds received from the payments due each fiscal year pursuant to subdi-
 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.
   §  2.  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  ANY  ADDITIONAL  appropriations
 therefor, the commissioner shall make state assistance payments to muni-
 cipalities,  businesses  and not-for-profit organizations located in the
 state, UPON REQUEST OR OTHERWISE  PURSUANT  TO  THE  DISCRETION  OF  THE
 COMMISSIONER,  for the cost 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 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  businesses
 shall mean a dealer, distributor or redemption center as defined in this
 title [that employs less than fifty employees].
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S6869A - Details

See Assembly Version of this Bill:: A7557
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1012 & 27-1018, En Con L

2023-S6869A - Summary

Increases the handling fee paid by deposit initiators to dealers or operators of a redemption center from 3.5 cents to 4.5 cents.

2023-S6869A - Sponsor Memo

                                 
BILL NUMBER: S6869A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
retention and use of funds for the beverage container assistance program

 
PURPOSE:

The purpose of this bill is to increase the handling fee given to bever-
age container redemption centers and to provide financial assistance
grants to redemption centers for the purpose of improvements and infras-
tructure for the collection of containers.

 
SUMMARY OF PROVISIONS:

The bill amends subdivision 5 of section 27-1012 of the environmental
conservation law to direct the comptroller to retain two percent of the
total revenues of the unclaimed deposit funds, collected in the prior
year, for use by the commissioner of environmental conservation under
the beverage container assistance program.

Section 27-1018 of the environmental conservation law, as added by the
section 13 of part SS of chapter 59 of the laws of 2009, is amended to
allow the commissioner to use the unclaimed deposit funds made available
by the comptroller for the purposes of that section. Those purposes
include state assistance payments of up to 50% for the costs related to
the establishment of beverage container redemption centers, reverse
vending machines, and the rehabilitation of real property or structures
used for collecting, sorting, and packaging of empty beverage containers
that are subject to the provisions of this title.

The bill makes the grant funding available to businesses, not-for-profit
organizations, and municipalities located in the state including deal-
ers, distributors, or redemption centers as defined in this title and
with no restriction on number of employees for eligibility.

** Amendment to this bill is an increase in the handling fee that
redemption centers receive from deposit initiators (distributors).  The
fee increases from 3.5 cents per beverage container to 5 cents.

 
JUSTIFICATION:

The beverage container assistance program was created in 2009, when the
state's Returnable Container Act (the "Bottle Bill") was amended to
include water bottles. It was intended to increase additional centers
and machines for returning for individuals to redeem the deposit on the
newly added containers; however, the program has not received funding
and to date has not been effective in implementing its goal of adding
redemption centers and vending machines to handle the increased volume
of containers eligible for redemption. In order to achieve that original
goal, and to provide the needed additional infrastructure for container
returns, this bill would create an annual revenue stream, using funds
collected and held by the state from the collection of containers for
which no deposit was claimed.

According to news reports, in 2021 the state received $139 million in
unclaimed beverage container deposits.
The bill's increase in handling fee from 3.5 cents per container t 5
cents is intended to provide the first increase in this fee in decades
and prevent further closure by other redemption centers that are strug-
gling to stay in business. There are reports of closures of up to 100
redemptions centers across the state due to financial hardship. Addi-
tionally, and in advance of a future expansion of the types of beverage
containers which may be returned for deposit, this measure will provide
a critical lifeline to redemption centers and help them meet labor and
infrastructure needs.

 
LEGISLATIVE HISTORY:

2023 : S6869 REF TO FINANCE/ A7557 (Glick) ref to encon

 
FISCAL IMPLICATIONS:

Each calendar year, the amount of funds made available through the
provisions of this bill will depend upon the unclaimed deposit revenues
collected by the state. The increase in handling fee will have no fiscal
impact to the state.

 
EFFECTIVE DATE:
Immediately

2023-S6869A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6869--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- recommitted to  the  Committee  on  Environmental  Conservation  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   retention and use of  funds  for  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 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 TOTAL
 REVENUE COLLECTED, THE COMPTROLLER SHALL RETAIN AN AMOUNT EQUAL  TO  TWO
 PERCENT  OF  THE  TOTAL OF SUCH REVENUES COLLECTED IN THE PRIOR CALENDAR
 YEAR, TO BE DISTRIBUTED TO THE COMMISSIONER, AS NEEDED,  FOR  USE  UNDER
 THE BEVERAGE CONTAINER ASSISTANCE PROGRAM PURSUANT TO SECTION 27-1018 OF
 THIS  TITLE. After reserving the [amount] AMOUNTS to pay refunds AND FOR
 USE UNDER THE BEVERAGE CONTAINER  ASSISTANCE  PROGRAM,  the  comptroller
 must, by the tenth day of each month, pay into the state treasury to the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10766-05-4

 S. 6869--A                          2
 
 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-
 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.
   § 2. 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 ANY ADDITIONAL appropriations
 therefor, the commissioner shall make state assistance payments to muni-
 cipalities, businesses and not-for-profit organizations located  in  the
 state,  UPON  REQUEST  OR  OTHERWISE  PURSUANT  TO THE DISCRETION OF THE
 COMMISSIONER, for the cost 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  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 businesses
 shall mean a dealer, distributor or redemption center as defined in this
 title [that employs less than fifty employees].
   § 3. Subdivision 6 of section 27-1007 of the  environmental  conserva-
 tion  law, as added by section 4 of part SS of chapter 59 of the laws of
 2009, is amended to read as follows:
   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.    Payment  of  the  handling  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.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S6869B (ACTIVE) - Details

See Assembly Version of this Bill:: A7557
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1012 & 27-1018, En Con L

2023-S6869B (ACTIVE) - Summary

Increases the handling fee paid by deposit initiators to dealers or operators of a redemption center from 3.5 cents to 4.5 cents.

2023-S6869B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6869B

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
beverage container handling fees paid to dealers or operators of redemp-
tion centers; and providing for the repeal of such provisions upon expi-
ration thereof

 
PURPOSE:

The purpose of this bill is to temporarily increase the handling fee
given to beverage container redemption centers from 3.5 cents per
container to 4.5 cents per container.

 
SUMMARY OF PROVISIONS:

The bill amends subdivision 6 of section 27-1007 of the environmental
conservation law to increase the handling fee that redemption centers
receive from deposit initiators (distributors) for beverage containers
which are subject to a deposit. The fee increases the handling fee from

3.5 cents per beverage container to 4.5 cents. The provisions are
subject to a sunset date of December 31, 2025.

 
JUSTIFICATION:

The bill's increase in handling fee from 3.5 cents per container to 4.5
cents is intended to provide the first increase in this fee in decades
and prevent further closure by other redemption centers that are strug-
gling to stay in business. There are reports of closures of up to 100
redemptions centers across the state due to financial hardship. Addi-
tionally, and in advance of a future expansion of the types of beverage
containers which may be returned for deposit, this measure will provide
a critical lifeline to redemption centers and help them meet labor and
infrastructure needs.

 
LEGISLATIVE HISTORY:

2023 : S6869 REF TO FINANCE/ A7557 (Glick) ref to encon

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
Immediately and expires as of December 31, 2025.

2023-S6869B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6869--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced  by  Sens.  MAY, COONEY, HARCKHAM, KAVANAGH, SALAZAR, WEBB --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Environmental  Conservation  -- recommitted to the
   Committee on Environmental Conservation in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted to said committee -- 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
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   beverage container handling fees  paid  to  dealers  or  operators  of
   redemption  centers;  and  providing for the repeal of such provisions
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of  section  27-1007 of the environmental
 conservation law, as added by section 4 of part SS of chapter 59 of  the
 laws of 2009, is amended to read as follows:
   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] FOUR AND ONE-HALF cents for each beverage container
 accepted by the deposit initiator from such  dealer  or  operator  of  a
 redemption center.  Payment of the handling 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10766-09-4
 S. 6869--B                          2

 
 a dealer only for the purpose of receiving a handling fee from a deposit
 initiator.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2025.

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Senate Bill S6869

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

2023-S6869 - Details

2023-S6869 - Summary

2023-S6869 - Sponsor Memo

2023-S6869 - Bill Text download pdf

co-Sponsors

2023-S6869A - Details

2023-S6869A - Summary

2023-S6869A - Sponsor Memo

2023-S6869A - Bill Text download pdf

co-Sponsors

2023-S6869B (ACTIVE) - Details

2023-S6869B (ACTIVE) - Summary

2023-S6869B (ACTIVE) - Sponsor Memo

2023-S6869B (ACTIVE) - Bill Text download pdf

Comments