NY State Senate Bill 2025-S2351

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 16, 2025	referred to environmental conservation

2025-S2351 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1003, 27-1012, 27-1013 & 27-1015, En Con L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8651
2023-2024: S4947

2025-S2351 (ACTIVE) - Summary

Expands the New York bottle bill by including more types of eligible beverages and additional penalties.

2025-S2351 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2351

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
expansion of the New York bottle bill

 
PURPOSE:

This act would expand the list of redeemable beverage containers in the
New York State Returnable Container Act to include bottles containing
liquor, ciders, teas, juices, and sports drinks. In addition, this bill
will increase the refund value of beverage containers to ten cents and
allocate additional state revenue from unredeemed beverages to the Envi-
ronmental Protection Fund and bottle redemption centers.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 1 of section 27-1003 of the environmental conser-
vation law, as amended by section 2 of part SS of chapter 59 of the laws
of 2009, is amended.

Section 2: Subdivision 5 of section 27-1012 of the environmental conser-
vation law, as amended by section 2 of part JJ of chapter 58 of the laws
of 2017, is amended.

Section 3: The section heading and subdivision 1 of section 27-1013 of
the environmental conservation law, as amended by section 7 of part F of
chapter 58 of the laws of 2013, are amended and a new subdivision 1-a is
added.

Section 4: Section 27-1015 of the environmental conservation law is
amended by adding three new subdivisions 3-a, 4-a, and 4-b.

Section 5: This act shall take effect on the first of January next
succeeding the date on which it shall have become a law. Effective imme-
diately, 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.

 
JUSTIFICATION:

Many features of the New York State Returnable Container Act are anti-
quated and need to be updated for the "Bottle Bill" to remain effective.

The deposit refund of 5 cents per container, which has not been
increased since the passage of the original bill in 1982, has been
significantly depreciated over four decades of inflation. As a result,
the incentive to redeem eligible bottles has waned. According to data
compiled by the Department of Environmental Conservation, the average
The bottle redemption rate between 1982 and 2000 was 75%.  From 2000 to
2020,this average dropped to 65%. The depreciating value of the 5-cent
refund, and the resulting decline in redemption rates, has allowed
littering remains a persistent problem in our state.  Riverkeeper, a a
non-profit environmental organization committed to the protection of New
York State's waterways, found plastic bottles, most of which are redeem-
able, to be the most common type of litter found during their 2021
Hudson River Sweep.
Increasing the deposit refund value from 5 to 10 cents per beverage
container will restore the real value of the bottle deposit, increase
the incentive to return beverage containers, and increase New York
State's bottle redemption rate. According to a study conducted by the
NYS Pollution Prevention Institute, there is a direct correlation
between higher deposit amounts on beverage containers and higher redemp-
tion rates. In Michigan, for example, where the deposit refund is 10
cents, the redemption rate in 2019 was 89% (1). Increasing the bottle
redemption rate will mean less bottles being sent to landfills, where
they would emit greenhouse gases such as methane, which contributes to
the climate crisis. Therefore, increasing the refund to 10 cents will
not only help keep our state's streets, parks and cities clean, and
protect our state's environment from landfilling, but will also fight
climate change.

Expanding the bottle bill to include more categories of containers,
specifically those made of glass and plastic, will increase recycling
rates. Glass bottles, such as those containing liquor and wine, place a
large burden on municipal recycling programs. According to the New York
State Association of Counties, broken glass often renders other materi-
als in recycling bins "contaminated," forcing them to be landfilled.
Broken glass also threatens the health and safety of recycling sorters
and damages recycling equipment and infrastructure.  Depressed secondary
markets for plastics often means recycling these containers is cost-pro-
hibitive, leaving landfilling as the economical, yet environmentally
harmful, alternative. Including more beverage containers made of glass
and plastic in the bottle bill will ensure that they are recycled in a
safe and sustainable manner.

In addition, allocating more funds from unredeemed deposits towards the
Environmental Protection Fund (EPF) and redemption centers will ensure
the effectiveness of the bottle bill while also enhancing the protection
of the environment. According to New York Public Interest Research
Group, the 3.5 cent handling fee redemption centers receive per bottle
they redeem has proved insufficient in covering the increases in labor
and rent costs. As a result, many redemption centers have been forced to
shut down across New York State, at a loss of many jobs. In addition,
the shutting of redemption centers is leaving thousands of low-income
New Yorkers that rely on the practice of "canning," that is, returning
beverage containers for unredeemed deposits, without a source of income.

Increasing the state's share of unredeemed deposits to 90%, 50% of which
will go to the EPF and 5.5% to redemption centers (the rest to the
state's general fund), will help finance projects that protect the envi-
ronment, alleviate the economic hardships of redemption centers, create
more jobs in the handling of returned beverage containers, and secure
the livelihoods of the most vulnerable communities in our state.

 
LEGISLATIVE HISTORY:

2023-24: S4947A- Referred to Environmental Conservation

2021-22: S8651 - Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law. Effective immediately, 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.

2025-S2351 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2351
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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
   expansion of the New York bottle bill
 
   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, water, beer,  other  malt
 beverages  and  a wine product as defined in subdivision thirty-six-a of
 section three of the alcoholic beverage control law] ALL CARBONATED  AND
 NON-CARBONATED  DRINKS  IN  LIQUID  FORM AND INTENDED FOR INTERNAL HUMAN
 CONSUMPTION, INCLUDING BUT NOT LIMITED TO  WATER,  SOFT  DRINKS,  SPORTS
 DRINKS, TEAS AND JUICES. "Malt beverages" means any beverage obtained by
 the  alcoholic  fermentation  or  infusion or decoction of barley, malt,
 hops, or other wholesome grain or cereal and water  including,  but  not
 limited  to ale, stout, LAGER 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, [provided, however, that "water" does  not  include  any
 beverage  identified as a type of water to which a sugar has been added]
 OR ANY BEVERAGE IDENTIFIED AS A TYPE OF WATER TO WHICH A SUGAR HAS  BEEN
 ADDED.  "SPORTS DRINKS" MEANS DRINKS THAT ARE MOSTLY WATER, ELECTROLYTES
 (SUCH  AS  SODIUM  OR  POTASSIUM)  AND CARBOHYDRATES (SUCH AS SUCROSE OR
 FRUCTOSE).  "TEAS" MEANS DRINKS BREWED FROM TEA LEAVES WHICH MAY OR  MAY
 NOT  INCLUDE  SWEETENERS  AND OTHER FLAVORS. "JUICES" MEANS DRINKS WHICH
 THE MAIN INGREDIENT IS THE JUICE FROM FRUITS AND/OR VEGETABLES. THE TERM
 "BEVERAGE" SHALL NOT INCLUDE:
   A. INFANT FORMULA;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06164-01-5
 S. 2351                             2

 
   B. A LIQUID THAT IS A SYRUP, IN  A  CONCENTRATED  FORM,  OR  TYPICALLY
 ADDED  AS  A  MINOR  FLAVORING  INGREDIENT  IN  FOOD  OR  DRINK, SUCH AS
 EXTRACTS, COOKING ADDITIVES, SAUCES OR CONDIMENTS;
   C.  A  LIQUID  THAT  IS  INGESTED IN VERY SMALL QUANTITIES AND THAT IS
 CONSUMED FOR MEDICINAL PURPOSES ONLY;
   D. PRODUCTS FROZEN AT THE TIME OF SALE;
   E. PRODUCTS DESIGNED TO BE CONSUMED IN A FROZEN STATE;
   F. INSTANT DRINK POWDERS;
   G. SEAFOOD, MEAT OR VEGETABLE BROTHS OR SOUPS; AND
   H. YOGURT PRODUCTS.
   § 2. Subdivision 5 of section 27-1012 of the  environmental  conserva-
 tion  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. 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] THE 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 subdivision 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];  PROVIDED,  HOWEVER,  THAT  AT  THE BEGINNING OF THE QUARTERLY
 PERIOD NEXT SUCCEEDING THE EFFECTIVE DATE OF A CHAPTER OF  THE  LAWS  OF
 TWO THOUSAND TWENTY-FIVE THAT AMENDED THIS SUBDIVISION:
   (A)  FIFTY  PERCENT OF REVENUE DEPOSITED UNDER THIS SUBDIVISION, shall
 be deposited to the credit of the environmental protection fund,  estab-
 lished pursuant to section ninety-two-s of the state finance law; AND
   (B) FIVE AND ONE-HALF PERCENT OF REVENUE DEPOSITED UNDER THIS SUBDIVI-
 SION SHALL BE DISTRIBUTED TO REGISTERED REDEMPTION CENTERS ON A QUARTER-
 LY BASIS, IN A MANNER PRESCRIBED BY THE COMPTROLLER.
   §  3.  The section heading and subdivision 1 of section 27-1013 of the
 environmental conservation law, as amended by section 7  of  part  F  of
 chapter 58 of the laws of 2013, are amended and a new subdivision 1-a is
 added to read as follows:
   Redemption centers AND DEALERS.
   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
 S. 2351                             3
 
 distributors, including the party to whom such expense is to be charged,
 the frequency of such 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 COMMISSIONER SHALL issue
 registrations to persons, firms or corporations which establish  redemp-
 tion  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
 registrations shall be issued at no cost. [Should  the]  THE  department
 SHALL  require  by  regulations  adopted pursuant to this paragraph that
 redemption centers must obtain a registration as a condition  of  opera-
 tion,  any redemption center in business as of March first, two thousand
 [thirteen] TWENTY-FIVE that previously provided the department with  the
 notification  information  required  by regulations in effect as of such
 date may continue to operate  as  if  the  department  had  issued  such
 redemption  center  a registration required by regulations adopted under
 this paragraph; provided, however, that  such  redemption  center  shall
 provide  the  department  with  any  other information required by regu-
 lations 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  regis-
 tration.  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 proce-
 dural in nature. The commissioner's determination to revoke a  registra-
 tion is subject to review under article seventy-eight of the civil prac-
 tice  law  and  rules;  and [(f)] (E) the operation of mobile redemption
 centers in order to ensure that to the best extent practicable  contain-
 ers are not proffered for redemption to a deposit initiator or distribu-
 tor  outside  of  the geographic area where such deposit initiator sells
 containers and initiates deposits.
   1-A. ANY PERSON REQUIRED TO BE  REGISTERED  UNDER  THIS  SECTION  WHO,
 WITHOUT  BEING  SO  REGISTERED,  REDEEMS  OR  OFFERS  TO REDEEM BEVERAGE
 CONTAINERS IN THIS STATE, IN ADDITION TO ANY OTHER  PENALTY  IMPOSED  BY
 THIS  TITLE, SHALL BE SUBJECT TO A PENALTY TO BE ASSESSED BY THE COMMIS-
 SIONER OF TAXATION AND FINANCE IN AN AMOUNT NOT TO EXCEED  FIVE  HUNDRED
 DOLLARS  FOR  THE  FIRST  DAY ON WHICH SUCH SALES OR OFFERS FOR SALE ARE
 MADE, PLUS AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH  SUBSE-
 QUENT DAY ON WHICH SUCH SALES OR OFFERS FOR SALE ARE MADE, NOT TO EXCEED
 TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE.
   §  4. Section 27-1015 of the environmental conservation law is amended
 by adding three new subdivisions 3-a, 4-a and 4-b to read as follows:
   3-A. IT SHALL BE UNLAWFUL FOR A REDEMPTION CENTER OR DEALER AS DEFINED
 IN THIS TITLE, ACTING ALONE OR AIDED BY ANOTHER,  TO  RETURN  ANY  EMPTY
 BEVERAGE CONTAINER TO A DEALER OR REDEMPTION CENTER FOR ITS REFUND VALUE
 IF THE REDEMPTION CENTER OR DEALER HAD PREVIOUSLY ACCEPTED SUCH BEVERAGE
 CONTAINER  FROM ANY DEALER OR OPERATOR OF A REDEMPTION CENTER OR IF SUCH
 CONTAINER WAS PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING  MACHINE.  A
 VIOLATION  OF  THIS  SUBDIVISION  SHALL BE A MISDEMEANOR PUNISHABLE BY A
 FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE  THAN  ONE  THOUSAND
 DOLLARS AND AN AMOUNT EQUAL TO TWO TIMES THE AMOUNT OF MONEY RECEIVED AS
 A  RESULT OF SUCH VIOLATION PLUS A REVOCATION OF THE REDEMPTION CENTER'S
 REGISTRATION.
 S. 2351                             4
 
   4-A. ANY REDEMPTION CENTER WHO KNOWINGLY TENDERS TO A  DEPOSIT  INITI-
 ATOR  MORE  THAN  FORTY-EIGHT  EMPTY  BEVERAGE CONTAINERS FOR WHICH SUCH
 REDEMPTION CENTER KNOWS OR SHOULD REASONABLY KNOW THAT  NO  DEPOSIT  WAS
 PAID IN NEW YORK STATE MAY BE ASSESSED BY THE DEPARTMENT A CIVIL PENALTY
 OF  UP  TO  ONE  HUNDRED DOLLARS FOR EACH CONTAINER OR RESULT IN A CIVIL
 PENALTY OF UP TO SEVENTY-FIVE THOUSAND DOLLARS AND  REVOCATION  OF  SUCH
 REDEMPTION CENTERS REGISTRATION.
   4-B.  A  DEPOSIT  INITIATOR WHO UPON AUDIT DISCOVERS THAT A REDEMPTION
 CENTER REPORTED MORE BEVERAGE CONTAINERS THAN WERE  ACTUALLY  PHYSICALLY
 TENDERED  SHALL  PROVIDE WRITTEN NOTICE TO THE REDEMPTION CENTER OF SUCH
 SHORTFALL AND SHALL PROVIDE  A  REFUND  BASED  ON  THE  ACTUAL  TENDERED
 AMOUNT.    A  DEPOSIT  INITIATOR  WHO UPON AUDIT DISCOVERS A DISCREPANCY
 BETWEEN THE REDEMPTION CENTER'S REPORTED NUMBER OF  BEVERAGE  CONTAINERS
 AND  THE ACTUAL PHYSICAL COUNT OF TEN PERCENT OR GREATER SHALL PROVIDE A
 REFUND BASED ON THE ACTUAL TENDERED AMOUNT OF  BEVERAGE  CONTAINERS  AND
 WITHHOLD  FIFTY  PERCENT  OF  THE REDEMPTION CENTER'S HANDLING FEE WHICH
 WOULD HAVE BEEN PAYABLE FOR SUCH TENDER. A DEPOSIT  INITIATOR  UPON  ANY
 SUBSEQUENT AUDIT WHICH PRODUCES A DISCREPANCY OF TEN PERCENT OR MORE MAY
 WITHHOLD  UP  TO ONE HUNDRED PERCENT OF THE REDEMPTION CENTER'S HANDLING
 FEE. ANY FUNDS WITHHELD BY A DEPOSIT INITIATOR PURSUANT TO THIS SUBDIVI-
 SION SHALL BE KEPT BY THE DEPOSIT INITIATOR TO DEFRAY THE COSTS  OF  THE
 AUDITING PROCESS.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

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Senate Bill S2351

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S2351 (ACTIVE) - Details

2025-S2351 (ACTIVE) - Summary

2025-S2351 (ACTIVE) - Sponsor Memo

2025-S2351 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2351

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S2351 (ACTIVE) - Details

2025-S2351 (ACTIVE) - Summary

2025-S2351 (ACTIVE) - Sponsor Memo

2025-S2351 (ACTIVE) - Bill Text download pdf

Comments