Bill Text: NY A03590 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to the handling fee paid to a dealer or operator of a redemption center for the redemption of empty beverage containers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A03590 Detail]

Download: New_York-2023-A03590-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3590

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee 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:

     1    Section  1.  Subdivision  6  of  section  27-1007 of the environmental
     2  conservation law, as added by section 4 of part SS of chapter 59 of  the
     3  laws of 2009, is amended to read as follows:
     4    6.  (a)  In  addition  to  the refund value of a beverage container as
     5  established by section 27-1005 of this title, a deposit initiator  shall
     6  pay  to any dealer or operator of a redemption center a handling fee [of
     7  three and one-half cents] for each beverage container  accepted  by  the
     8  deposit initiator from such dealer or operator of a redemption center as
     9  specified in paragraphs (b), (c) and (d) of this subdivision. Payment of
    10  the  handling  fee  shall be as compensation for collecting, sorting and
    11  packaging of empty beverage containers for transport back to the deposit
    12  initiator or its designee. Payment of the handling fee may not be condi-
    13  tioned on the purchase of any goods or services, nor may such payment be
    14  made out of the refund value account  established  pursuant  to  section
    15  27-1012 of this title. A distributor who does not initiate deposits on a
    16  type  of  beverage container is considered a dealer only for the purpose
    17  of receiving a handling fee from a deposit initiator.
    18    (b) Except as otherwise provided in this subdivision, the handling fee
    19  paid shall not be less than five cents.
    20    (c) Beginning December thirty-first, two thousand  twenty-three,  each
    21  year a new federal or New York state minimum wage is to take effect, but
    22  not  later  than the date that the new federal or New York state minimum
    23  wage is to take effect, the commissioner shall  determine  the  handling
    24  fee  to  be in effect pursuant to this subdivision. Subject to paragraph

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08282-01-3
        A. 3590                             2

     1  (d) of this subdivision, the handling fee determined  pursuant  to  this
     2  subdivision shall be:
     3    (i) not less than the amount in effect under paragraph (b) on the date
     4  of such determination;
     5    (ii)  increased  from  such  amount  by the percentage increase in the
     6  newly effective federal or New York state minimum wage; and
     7    (iii) rounded to the nearest multiple of $0.005.
     8    (d) The handling  fee  shall  only  be  increased  by  the  percentage
     9  increase in a newly effective federal minimum wage pursuant to paragraph
    10  (c)  of this subdivision if the federal minimum wage is set at an amount
    11  higher than the New York state minimum wage. Otherwise, the handling fee
    12  shall be increased only by the percentage increase in a newly  effective
    13  New  York  state minimum wage pursuant to paragraph (c) of this subdivi-
    14  sion.  If a newly effective New York state minimum wage increases  based
    15  on  a wage rate schedule that varies throughout New York state, then the
    16  percentage increase to be used for calculating the handling fee shall be
    17  based on the wage rate applicable to city of  New  York  employers  with
    18  eleven employees or more pursuant to paragraph (c) of this subdivision.
    19    § 2. This act shall take effect immediately.