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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5366
                               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
        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.  This  act shall be known and may be cited as the "indexed
     2  handling fee act."
     3    § 2. Subdivision 6 of section 27-1007 of the  environmental  conserva-
     4  tion  law, as added by section 4 of part SS of chapter 59 of the laws of
     5  2009, is amended to read as follows:
     6    6. (a) In addition to the refund value  of  a  beverage  container  as
     7  established  by section 27-1005 of this title, a deposit initiator shall
     8  pay to any dealer or operator of a redemption center a handling fee  [of
     9  three  and  one-half  cents] for each beverage container accepted by the
    10  deposit initiator from such dealer or operator of a redemption center as
    11  specified in paragraphs (b), (c) and (d) of this subdivision. Payment of
    12  the handling fee shall be as compensation for  collecting,  sorting  and
    13  packaging of empty beverage containers for transport back to the deposit
    14  initiator or its designee. Payment of the handling fee may not be condi-
    15  tioned on the purchase of any goods or services, nor may such payment be
    16  made  out  of  the  refund value account established pursuant to section
    17  27-1012 of this title. A distributor who does not initiate deposits on a
    18  type of beverage container is considered a dealer only for  the  purpose
    19  of receiving a handling fee from a deposit initiator.
    20    (b) Except as otherwise provided in this subdivision, the handling fee
    21  paid shall be not less than five cents.
    22    (c)  Beginning December thirty-first, two thousand eighteen, each year
    23  a new federal or New York state minimum wage is to take effect, but  not
    24  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.
                                                                   LBD10526-01-7
        S. 5366                             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) of this
     6  subdivision on the date 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 New York city employers with eleven
    20  employees  or  more  (i.e. "big employers") pursuant to paragraph (c) of
    21  this subdivision.
    22    § 3. This act shall take effect immediately.