Bill Text: NY S04947 | 2023-2024 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-05-31 - PRINT NUMBER 4947A [S04947 Detail]

Download: New_York-2023-S04947-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4947--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 17, 2023
                                       ___________

        Introduced  by  Sens.  PARKER, COMRIE -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Environmental
          Conservation  -- recommitted to the Committee on Environmental Conser-
          vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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:

     1    Section  1.  Subdivision  1  of  section  27-1003 of the environmental
     2  conservation law, as amended by section 2 of part SS of  chapter  59  of
     3  the laws of 2009, is amended to read as follows:
     4    1.  "Beverage"  means [carbonated soft drinks, water, beer, other malt
     5  beverages and a wine product as defined in subdivision  thirty-six-a  of
     6  section  three of the alcoholic beverage control law] all carbonated and
     7  non-carbonated drinks in liquid form and  intended  for  internal  human
     8  consumption,  including  but  not  limited to water, soft drinks, sports
     9  drinks, teas and juices. "Malt beverages" means any beverage obtained by
    10  the alcoholic fermentation or infusion or  decoction  of  barley,  malt,
    11  hops,  or  other  wholesome grain or cereal and water including, but not
    12  limited to ale, stout, lager or malt liquor. "Water" means any  beverage
    13  identified  through  the use of letters, words or symbols on its product
    14  label as a type of water, including any flavored water or  nutritionally
    15  enhanced  water,  [provided,  however, that "water" does not include any
    16  beverage identified as a type of water to which a sugar has been  added]
    17  or  any beverage identified as a type of water to which a sugar has been
    18  added.  "Sports drinks" means drinks that are mostly water, electrolytes
    19  (such as sodium or potassium) and  carbohydrates  (such  as  sucrose  or
    20  fructose).   "Teas" means drinks brewed from tea leaves which may or may
    21  not include sweeteners and other flavors. "Juices"  means  drinks  which

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06467-02-4
        S. 4947--A                          2

     1  the main ingredient is the juice from fruits and/or vegetables. The term
     2  "beverage" shall not include:
     3    a. infant formula;
     4    b.  a  liquid  that  is  a syrup, in a concentrated form, or typically
     5  added as a  minor  flavoring  ingredient  in  food  or  drink,  such  as
     6  extracts, cooking additives, sauces or condiments;
     7    c.  a  liquid  that  is  ingested in very small quantities and that is
     8  consumed for medicinal purposes only;
     9    d. products frozen at the time of sale;
    10    e. products designed to be consumed in a frozen state;
    11    f. instant drink powders;
    12    g. seafood, meat or vegetable broths or soups; and
    13    h. yogurt products.
    14    § 2. Subdivision 5 of section 27-1012 of the  environmental  conserva-
    15  tion  law,  as amended by section 2 of part JJ of chapter 58 of the laws
    16  of 2017, is amended to read as follows:
    17    5. All moneys collected or received by the department of taxation  and
    18  finance  pursuant  to this title shall be deposited to the credit of the
    19  comptroller with such responsible banks, banking houses or trust  compa-
    20  nies  as  may  be  designated by the comptroller. Such deposits shall be
    21  kept separate and apart from all other moneys in the possession  of  the
    22  comptroller.  The  comptroller  shall require adequate security from all
    23  such depositories. Of the total revenue collected, the comptroller shall
    24  retain the amount determined by the commissioner of taxation and finance
    25  to be necessary for refunds out of which the comptroller  must  pay  any
    26  refunds  to  which  a deposit initiator may be entitled. After reserving
    27  the amount to pay refunds, the comptroller must, by  the  tenth  day  of
    28  each  month,  pay  into  the state treasury to the credit of the general
    29  fund the revenue deposited under this subdivision during  the  preceding
    30  calendar month and remaining to the comptroller's credit on the last day
    31  of [that] the preceding month[; provided, however, that, beginning April
    32  first,  two  thousand thirteen, nineteen million dollars, and all fiscal
    33  years thereafter, twenty-three million dollars plus all  funds  received
    34  from  the  payments due each fiscal year pursuant to subdivision four of
    35  this section in excess of the greater of the amount received from  April
    36  first,  two  thousand  twelve  through  March thirty-first, two thousand
    37  thirteen  or  one  hundred  twenty-two  million  two  hundred   thousand
    38  dollars];  provided,  however,  that  at  the beginning of the quarterly
    39  period next succeeding the effective date of a chapter of  the  laws  of
    40  two thousand twenty-four that amended this subdivision:
    41    (a)  fifty  percent of revenue deposited under this subdivision, shall
    42  be deposited to the credit of the environmental protection fund,  estab-
    43  lished pursuant to section ninety-two-s of the state finance law; and
    44    (b) five and one-half percent of revenue deposited under this subdivi-
    45  sion shall be distributed to registered redemption centers on a quarter-
    46  ly basis, in a manner prescribed by the comptroller.
    47    §  3.  The section heading and subdivision 1 of section 27-1013 of the
    48  environmental conservation law, as amended by section 7  of  part  F  of
    49  chapter 58 of the laws of 2013, are amended and a new subdivision 1-a is
    50  added to read as follows:
    51    Redemption centers and dealers.
    52    1.  The commissioner is hereby empowered to promulgate rules and regu-
    53  lations governing (a) the circumstances  in  which  deposit  initiators,
    54  dealers  and distributors, individually or collectively, are required to
    55  accept the return  of  empty  beverage  containers,  including  beverage
    56  containers  processed  through reverse vending machines and make payment
        S. 4947--A                          3

     1  therefor; (b) the sorting of the containers which a deposit initiator or
     2  distributor may require of  dealers  and  redemption  centers;  (c)  the
     3  collection  of  returned  beverage  containers  by deposit initiators or
     4  distributors, including the party to whom such expense is to be charged,
     5  the  frequency of such pick ups and the payment for refunds and handling
     6  fees thereon; (d) the right of dealers to restrict or limit  the  number
     7  of  containers  redeemed, the rules for redemption at the dealers' place
     8  of business, and the redemption of containers from a beverage for  which
     9  sales  have  been  discontinued[;  (e) to]. The commissioner shall issue
    10  registrations to persons, firms or corporations which establish  redemp-
    11  tion  centers, subject to applicable provisions of local and state laws,
    12  at which redeemers and dealers may return empty beverage containers  and
    13  receive  payment  of  the refund value of such beverage containers. Such
    14  registrations shall be issued at no cost. [Should  the]  The  department
    15  shall  require  by  regulations  adopted pursuant to this paragraph that
    16  redemption centers must obtain a registration as a condition  of  opera-
    17  tion,  any redemption center in business as of March first, two thousand
    18  [thirteen] twenty-four that previously provided the department with  the
    19  notification  information  required  by regulations in effect as of such
    20  date may continue to operate  as  if  the  department  had  issued  such
    21  redemption  center  a registration required by regulations adopted under
    22  this paragraph; provided, however, that  such  redemption  center  shall
    23  provide  the  department  with  any  other information required by regu-
    24  lations adopted pursuant to this paragraph.  The department  may,  after
    25  due  notice  and  opportunity  of hearing, pursuant to the provisions of
    26  section 71-1709 of this chapter, deny an application or revoke a  regis-
    27  tration.  In  determining  whether  or  not to revoke a registration the
    28  commissioner shall at a minimum, take into consideration the  compliance
    29  history  of  a violator, good faith efforts of a violator to comply, any
    30  economic benefit from noncompliance and whether the violation was proce-
    31  dural in nature. The commissioner's determination to revoke a  registra-
    32  tion is subject to review under article seventy-eight of the civil prac-
    33  tice  law  and  rules;  and [(f)] (e) the operation of mobile redemption
    34  centers in order to ensure that to the best extent practicable  contain-
    35  ers are not proffered for redemption to a deposit initiator or distribu-
    36  tor  outside  of  the geographic area where such deposit initiator sells
    37  containers and initiates deposits.
    38    1-a. Any person required to be  registered  under  this  section  who,
    39  without  being  so  registered,  redeems  or  offers  to redeem beverage
    40  containers in this state, in addition to any other  penalty  imposed  by
    41  this  title, shall be subject to a penalty to be assessed by the commis-
    42  sioner of taxation and finance in an amount not to exceed  five  hundred
    43  dollars  for  the  first  day on which such sales or offers for sale are
    44  made, plus an amount not to exceed five hundred dollars for each  subse-
    45  quent day on which such sales or offers for sale are made, not to exceed
    46  twenty-five thousand dollars in the aggregate.
    47    §  4. Section 27-1015 of the environmental conservation law is amended
    48  by adding three new subdivisions 3-a, 4-a and 4-b to read as follows:
    49    3-a. It shall be unlawful for a redemption center or dealer as defined
    50  in this title, acting alone or aided by another,  to  return  any  empty
    51  beverage container to a dealer or redemption center for its refund value
    52  if the redemption center or dealer had previously accepted such beverage
    53  container  from any dealer or operator of a redemption center or if such
    54  container was previously  accepted  by  a  reverse  vending  machine.  A
    55  violation  of  this  subdivision  shall be a misdemeanor punishable by a
    56  fine of not less than five hundred dollars nor more  than  one  thousand
        S. 4947--A                          4

     1  dollars and an amount equal to two times the amount of money received as
     2  a  result of such violation plus a revocation of the redemption center's
     3  registration.
     4    4-a.  Any  redemption center who knowingly tenders to a deposit initi-
     5  ator more than forty-eight empty  beverage  containers  for  which  such
     6  redemption  center  knows  or should reasonably know that no deposit was
     7  paid in New York state may be assessed by the department a civil penalty
     8  of up to one hundred dollars for each container or  result  in  a  civil
     9  penalty  of  up  to seventy-five thousand dollars and revocation of such
    10  redemption centers registration.
    11    4-b. A deposit initiator who upon audit discovers  that  a  redemption
    12  center  reported  more beverage containers than were actually physically
    13  tendered shall provide written notice to the redemption center  of  such
    14  shortfall  and  shall  provide  a  refund  based  on the actual tendered
    15  amount.   A deposit initiator who upon  audit  discovers  a  discrepancy
    16  between  the  redemption center's reported number of beverage containers
    17  and the actual physical count of ten percent or greater shall provide  a
    18  refund  based  on  the actual tendered amount of beverage containers and
    19  withhold fifty percent of the redemption  center's  handling  fee  which
    20  would  have  been  payable for such tender. A deposit initiator upon any
    21  subsequent audit which produces a discrepancy of ten percent or more may
    22  withhold up to one hundred percent of the redemption  center's  handling
    23  fee. Any funds withheld by a deposit initiator pursuant to this subdivi-
    24  sion  shall  be kept by the deposit initiator to defray the costs of the
    25  auditing process.
    26    § 5. This act shall take effect on the first of January next  succeed-
    27  ing the date on which it shall have become a law. Effective immediately,
    28  the  addition,  amendment and/or repeal of any rule or regulation neces-
    29  sary for the implementation of  this  act  on  its  effective  date  are
    30  authorized to be made and completed on or before such effective date.