NY State Senate Bill 2025-S5820A

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
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 06, 2025	print number 5820a
Mar 06, 2025	amend and recommit to environmental conservation
Mar 03, 2025	referred to environmental conservation

Bill Amendments

Original

A (Active)

2025-S5820 - Details

See Assembly Version of this Bill:: A6267
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-1007, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S8520, A9044

2025-S5820 - Summary

Increases the handling fee paid to dealers or operators of a redemption center for the redemption of empty beverage containers.

2025-S5820 - Sponsor Memo

                                 
BILL NUMBER: S5820

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
handling fee paid to a dealer or operator of a redemption center for the
redemption of empty beverage containers

 
PURPOSE:

This bill would increase the handling fee paid to any dealer or operator
of a redemption center from three and half cents to six cents.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision six of section 27-1007 of the environ-
mental conservation law to direct deposit initiators to pay a six cents
handling fee for each beverage container accepted by the deposit initi-
ator from a dealer or operator of a redemption center beginning April 1,
2025.

Section 2 Sets forth the effective date.

 
JUSTIFICATION:

The New York State Returnable Container Act (the "Bottle Bill") became
law in 1982. In its over 40-year history, it has proven to be highly
effective in reducing litter and increasing recycling rates. In 2020,
New York's redemption rate was 64%, roadside container litter was down
70% and 5.5 billion containers were recycled in the state.  Beverage
containers are the third most littered item in New York state. This
program has saved valuable materials from going into landfills and kept
communities clean.

Initially, the law assigned a 5 cents bottle deposit on consumers, and
the handling fee was 20% of refund value or 1 cent. In 1983 the handling
fee for redemption centers increased to 1.5 cents and then 2 cents in
1998. Then in 2009 the handling fee for redemption centers increased to
3.5 cents and has not increased again in 15 years. Since 2009, opera-
tional costs for small business redemption centers have continued to
rise. Minimum wage in New York was $7.25/hr. the last time redemption
centers saw an increase in handling fees. Today minimum wage is $16/hr.
As expenses continue to rise for redemption centers, including wage
expenses, payroll taxes, insurance premiums, and rentier revenue source
has seen no increase. The handling fee is the sole source of revenue for
small business redemption centers.

A large number of redemption centers have closed across New York State
and many more may be forced to close because they are facing insolvency.
Approximately 3.1 billion bottles per year are handled by New York's 896
small business redemption centers. The closing of small business redemp-
tion centers will have a detrimental impact on our state.

This bill will provide much needed relief for small business redemption
centers so they can keep operating in our communities - maintaining our
streets and neighborhoods clean, protecting our environment from plas-
tics and ensuring local jobs are not lost, all while not raising consum-
er costs.
 
LEGISLATIVE HISTORY:

S.8520 of 2023-2024: Referred to Environmental Conservation;

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5820 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5820
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 the
   handling fee paid to a dealer or operator of a redemption  center  for
   the redemption of empty beverage containers

   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 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-FIVE,  THE HANDLING FEE WILL BE SIX
 CENTS. Payment of the handling fee shall be as compensation for collect-
 ing, 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  initi-
 ator.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05235-01-5

2025-S5820A (ACTIVE) - Details

See Assembly Version of this Bill:: A6267
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-1007, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S8520, A9044

2025-S5820A (ACTIVE) - Summary

Increases the handling fee paid to dealers or operators of a redemption center for the redemption of empty beverage containers.

2025-S5820A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5820A

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
handling fee paid to a dealer or operator of a redemption center for the
redemption of empty beverage containers

 
PURPOSE:

This bill would increase the handling fee paid to any dealer or operator
of a redemption center from three and half cents to six cents.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision six of section 27-1007 of the environ-
mental conservation law by designating a new section 6(a), to direct
deposit initiators to pay a six cents handling fee, for each beverage
container accepted by the deposit initiator from a dealer or operator of
a redemption center beginning April 1, 2025.

Newly designated section 6(b) would provide for an inflation escalator
in the redemption fee.

Section 2 Sets forth the effective date.

 
JUSTIFICATION:

The New York State Returnable Container Act (the "Bottle Bill") became
law in 1982. In its over 40-year history, it has proven to be highly
effective in reducing litter and increasing recycling rates. In 2020,
New York's redemption rate was 64%, roadside container litter was down
70% and 5.5 billion containers were recycled in the state.  Beverage
containers are the third most littered item in New York state. This
program has saved valuable materials from going into landfills and kept
communities clean.

Initially, the law assigned a 5 cents bottle deposit on consumers, and
the handling fee was 20% of refund value or 1 cent. In 1983 the handling
fee for redemption centers increased to 1.5 cents and then 2 cents in
1998. Then in 2009 the handling fee for redemption centers increased to
3.5 cents and has not increased again in 15 years. Since 2009, opera-
tional costs for small business redemption centers have continued to
rise. Minimum wage in New York was $7.25/hr. the last time redemption
centers saw an increase in handling fees. Today minimum wage is $16/hr.
As expenses continue to rise for redemption centers, including wage
expenses, payroll taxes, insurance premiums, and rentier revenue source
has seen no increase. The handling fee is the sole source of revenue for
small business redemption centers.

A large number of redemption centers have closed across New York State
and many more may be forced to close because they are facing insolvency.
Approximately 3.1 billion bottles per year are handled by New York's 896
small business redemption centers. The closing of small business redemp-
tion centers will have a detrimental impact on our state.

This bill will provide much needed relief for small business redemption
centers so they can keep operating in our communities - maintaining our
streets and neighborhoods clean, protecting our environment from plas-
tics and ensuring local jobs are not lost, all while not raising consum-
er costs.

 
LEGISLATIVE HISTORY:

S.8520 of 2023-2024: Referred to Environmental Conservation;

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5820A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5820--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   handling  fee  paid to a dealer or operator of a redemption center for
   the redemption of empty beverage containers
 
   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.  (A)  In  addition  to  the refund value of a beverage container as
 established 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 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-FIVE, THE HANDLING FEE  SHALL
 BE SIX CENTS AND SHALL BE ADJUSTED PERIODICALLY THEREAFTER IN ACCORDANCE
 WITH PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. 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  bever-
 age container is considered a dealer only for the purpose of receiving a
 handling fee from a deposit initiator.
   (B)  BEGINNING  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, EACH
 YEAR A NEW FEDERAL OR NEW YORK STATE MINIMUM WAGE IS TO TAKE EFFECT, BUT
 NOT LATER THAN THE DATE THAT THE NEW FEDERAL OR NEW YORK  STATE  MINIMUM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05235-03-5

 S. 5820--A                          2
 
 WAGE  IS  TO  TAKE EFFECT, THE COMMISSIONER SHALL DETERMINE THE HANDLING
 FEE TO BE IN EFFECT PURSUANT TO THIS SUBDIVISION. SUBJECT  TO  PARAGRAPH
 (C)  OF  THIS  SUBDIVISION, THE HANDLING FEE DETERMINED PURSUANT TO THIS
 SUBDIVISION SHALL BE:
   (I)  NOT  LESS  THAN THE AMOUNT IN EFFECT ON THE DATE OF SUCH DETERMI-
 NATION;
   (II) INCREASED FROM SUCH AMOUNT BY  THE  PERCENTAGE  INCREASE  IN  THE
 NEWLY EFFECTIVE FEDERAL OR NEW YORK STATE MINIMUM WAGE; AND
   (III) ROUNDED TO THE NEAREST MULTIPLE OF $0.005.
   (C)  THE  HANDLING  FEE  SHALL  ONLY  BE  INCREASED  BY THE PERCENTAGE
 INCREASE IN A NEWLY EFFECTIVE FEDERAL MINIMUM WAGE PURSUANT TO PARAGRAPH
 (B) OF THIS SUBDIVISION IF THE FEDERAL MINIMUM WAGE IS SET AT AN  AMOUNT
 HIGHER THAN THE NEW YORK STATE MINIMUM WAGE. IF THE FEDERAL MINIMUM WAGE
 IS NOT SET AT AN AMOUNT HIGHER THAN THE NEW YORK STATE MINIMUM WAGE, THE
 HANDLING  FEE  SHALL  BE INCREASED ONLY BY THE PERCENTAGE OF INCREASE IN
 THE NEW YORK STATE MINIMUM WAGE TAKING EFFECT IN SUCH YEAR. IF  A  NEWLY
 EFFECTIVE  NEW  YORK  STATE  MINIMUM WAGE INCREASES BASED ON A WAGE RATE
 SCHEDULE THAT VARIES THROUGHOUT NEW  YORK  STATE,  THEN  THE  PERCENTAGE
 INCREASE  TO  BE USED FOR CALCULATING THE HANDLING FEE SHALL BE BASED ON
 THE WAGE RATE APPLICABLE TO CITY  OF  NEW  YORK  EMPLOYERS  WITH  ELEVEN
 EMPLOYEES OR MORE.
   § 2. This act shall take effect immediately.

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Senate Bill S5820A

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2025-S5820 - Details

2025-S5820 - Summary

2025-S5820 - Sponsor Memo

2025-S5820 - Bill Text download pdf

2025-S5820A (ACTIVE) - Details

2025-S5820A (ACTIVE) - Summary

2025-S5820A (ACTIVE) - Sponsor Memo

2025-S5820A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5820A

Share this bill

Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2025-S5820 - Details

2025-S5820 - Summary

2025-S5820 - Sponsor Memo

2025-S5820 - Bill Text download pdf

2025-S5820A (ACTIVE) - Details

2025-S5820A (ACTIVE) - Summary

2025-S5820A (ACTIVE) - Sponsor Memo

2025-S5820A (ACTIVE) - Bill Text download pdf

Comments