Bill Text: NY S07428 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: Increases the handling fee paid by a deposit initiator to a dealer or operator of a redemption center from three and one half cents to five cents per container; decreases the amount of quarterly payments a deposit initiator must pay the commissioner of taxation and finance from eighty to forty-seven percent of the balance of initiator's refund value account; provides for registration as a redemption center.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-10 - PRINT NUMBER 7428A [S07428 Detail]

Download: New_York-2023-S07428-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7428

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 24, 2023
                                       ___________

        Introduced  by  Sen. HINCHEY -- 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 any dealer or operator of a redemption center

          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. In addition to the refund value of a beverage container  as  estab-
     5  lished  by  section 27-1005 of this title, a deposit initiator shall pay
     6  to any dealer or operator of a  redemption  center  a  handling  fee  of
     7  [three  and one-half] five cents for each beverage container accepted by
     8  the deposit initiator from such  dealer  or  operator  of  a  redemption
     9  center.    Payment  of  the  handling  fee  shall be as compensation for
    10  collecting, sorting and  packaging  of  empty  beverage  containers  for
    11  transport  back to the deposit initiator or its designee. Payment of the
    12  handling fee may not be conditioned on the  purchase  of  any  goods  or
    13  services,  nor  may such payment be made out of the refund value account
    14  established pursuant to section 27-1012 of this title. A distributor who
    15  does not initiate deposits on a type of beverage container is considered
    16  a dealer only for the purpose of receiving a handling fee from a deposit
    17  initiator.
    18    § 2. Paragraphs a and c of subdivision 4 of  section  27-1012  of  the
    19  environmental  conservation  law,  as  added  by section 8 of part SS of
    20  chapter 59 of the laws of 2009, are amended to read as follows:
    21    a. Quarterly payments. An amount equal to [eighty] forty-seven percent
    22  of the balance outstanding in the refund value account at the  close  of
    23  each  quarter  shall be paid to the commissioner of taxation and finance
    24  at the time the report provided for in subdivision three of this section
    25  is required to be filed. The commissioner of taxation  and  finance  may

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07158-01-3
        S. 7428                             2

     1  require  that the payments be made electronically.  The remaining [twen-
     2  ty] fifty-three percent of the balance outstanding at the close of  each
     3  quarter  shall  be  the monies of the deposit initiator and may be with-
     4  drawn  from  such account by the deposit initiator. If the provisions of
     5  this section with respect to such account have not been  fully  complied
     6  with,  each  deposit  initiator  shall  pay to such commissioner at such
     7  time, in lieu of the amount described  in  the  preceding  sentence,  an
     8  amount  equal  to  the balance which would have been outstanding on such
     9  date had such provisions been fully complied with. The  commissioner  of
    10  taxation  and  finance  may  require that the payments be made electron-
    11  ically.
    12    c. Final report. A deposit initiator who ceases to do business in this
    13  state as a deposit initiator shall file a final report and remit payment
    14  of [eighty] forty-seven percent of all amounts remaining in  the  refund
    15  value  account  as  of  the close of the deposit initiator's last day of
    16  business. The commissioner of taxation and finance may require that  the
    17  payments be made electronically. The deposit initiator shall indicate on
    18  the  report  that  it is a "final report". The final report is due to be
    19  filed with payment twenty days after the close of the  quarterly  period
    20  in  which  the deposit initiator ceases to do business. In the event the
    21  deposit initiator pays out more in refund values  than  it  collects  in
    22  such  final  quarterly  period,  the  deposit initiator may apply to the
    23  commissioner of taxation and finance for a refund of the amount of  such
    24  excess payment of refund values from sources other than the refund value
    25  account,  in  the manner as provided by the commissioner of taxation and
    26  finance.
    27    § 3. This act shall take effect April 1, 2024.