Bill Text: NY S05366 | 2017-2018 | General Assembly | Amended

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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 - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05366 Detail]

Download: New_York-2017-S05366-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5366--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 23, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- 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:
     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 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 eighteen, each year
    21  a new federal or New York state minimum wage is to take effect, but  not
    22  later  than the date that the new federal or New York state minimum wage
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10526-02-7
        S. 5366--A                          2
     1  is to take effect, the commissioner shall determine the handling fee  to
     2  be  in  effect pursuant to this subdivision. Subject to paragraph (d) of
     3  this subdivision, the handling fee determined pursuant to this  subdivi-
     4  sion shall be:
     5    (i) not less than the amount in effect under paragraph (b) on the date
     6  of such determination;
     7    (ii)  increased  from  such  amount  by the percentage increase in the
     8  newly effective federal or New York state minimum wage; and
     9    (iii) rounded to the nearest multiple of $0.005.
    10    (d) The handling  fee  shall  only  be  increased  by  the  percentage
    11  increase in a newly effective federal minimum wage pursuant to paragraph
    12  (c)  of this subdivision if the federal minimum wage is set at an amount
    13  higher than the New York state minimum wage. Otherwise, the handling fee
    14  shall be increased only by the percentage increase in a newly  effective
    15  New  York  state minimum wage pursuant to paragraph (c) of this subdivi-
    16  sion.  If a newly effective New York state minimum wage increases  based
    17  on  a wage rate schedule that varies throughout New York state, then the
    18  percentage increase to be used for calculating the handling fee shall be
    19  based on the wage rate applicable to city of  New  York  employers  with
    20  eleven employees or more pursuant to paragraph (c) of this subdivision.
    21    § 2. This act shall take effect immediately.