STATE OF NEW YORK ________________________________________________________________________ 6543 2025-2026 Regular Sessions IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. GLICK, SIMON, DINOWITZ, ROSENTHAL, GALLAGHER, RAMOS, PAULIN, R. CARROLL, GONZALEZ-ROJAS, SIMONE, REYES, RIVERA, COLTON, BURDICK, DE LOS SANTOS, SHIMSKY, EPSTEIN, STECK, ALVAREZ, RAGA, LEVENBERG, BORES, STIRPE, LUNSFORD, HEVESI, SAYEGH, KIM, ZINER- MAN, SHRESTHA, OTIS, TAYLOR, BICHOTTE HERMELYN, FORREST, MAMDANI, CLARK, BRONSON, SEAWRIGHT, KELLES, LUCAS, McMAHON, WEPRIN, MEEKS, MITAYNES, TAPIA, LEE, DAVILA, GIBBS -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to returnable bottles; to direct the multi-agency bottle bill fraud investigation team to submit a report on findings of pervasive bottle redemption fraud in New York state; and to repeal section 27-1018 of such law relating to the beverage container assistance program 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, noncarbonated soft drinks, 5 noncarbonated fruit or vegetable juices containing less than one hundred 6 percent fruit or vegetable juice, coffee and tea beverages, carbonated 7 fruit beverages, water, beer, other malt beverages, cider as defined in 8 section three of the alcoholic beverage control law, and [a] wine [prod- 9 uct] products as defined in [subdivision thirty-six-a of] section three 10 of the alcoholic beverage control law. "Malt beverages" means any bever- 11 age obtained by the alcoholic fermentation or infusion or decoction of 12 barley, malt, hops, or other wholesome grain or cereal and water includ- 13 ing, but not limited to ale, stout or malt liquor. "Water" means any 14 beverage identified through the use of letters, words or symbols on its 15 product label as a type of water, including any flavored water or nutri- 16 tionally enhanced water[, provided, however, that "water" does not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05023-04-5
A. 6543 2 1 include any beverage identified as a type of water to which a sugar has 2 been added]. 3 § 2. Subdivision 1 of section 27-1003 of the environmental conserva- 4 tion law, as amended by section one of this act, is amended to read as 5 follows: 6 1. "Beverage" means [carbonated soft drinks, noncarbonated soft 7 drinks, noncarbonated fruit or vegetable juices containing less than one 8 hundred percent fruit or vegetable juice, coffee and tea beverages, 9 carbonated fruit beverages, water, beer, other malt beverages, cider as 10 defined in section three of the alcoholic beverage control law, and a 11 wine product as defined in section three of the alcoholic beverage 12 control law. "Malt beverages" means any beverage obtained by the alco- 13 holic fermentation or infusion or decoction of barley, malt, hops, or 14 other wholesome grain or cereal and water including, but not limited to 15 ale, stout or malt liquor. "Water" means any beverage identified through 16 the use of letters, words or symbols on its product label as a type of 17 water, including any flavored water or nutritionally enhanced water] any 18 drinkable liquid intended for human oral consumption. The term beverage 19 does not include: a drug regulated under the Federal Food, Drug, and 20 Cosmetic Act, 21 U.S.C. 301 et seq.; infant formula; a meal replacement 21 liquid; dairy products derived from animal milk; plant-based dairy 22 alternatives; and noncarbonated fruit or vegetable juices containing one 23 hundred percent fruit or vegetable juice. 24 § 3. Subdivisions 8 and 12 of section 27-1003 of the environmental 25 conservation law, subdivision 8 as added by chapter 200 of the laws of 26 1982 and subdivision 12 as added by section 3 of part SS of chapter 59 27 of the laws of 2009, are amended and five new subdivisions 14, 15, 16, 28 17 and 18 are added to read as follows: 29 8. "Redeemer" means every person who demands the refund value provided 30 for herein in exchange for the empty beverage container, regardless of 31 personal purchase of the beverage container, but shall not include a 32 dealer as defined in subdivision four of this section. 33 12. "Reverse vending machine" means an automated device that uses a 34 laser scanner, microprocessor, or other technology to accurately recog- 35 nize the universal product code (UPC) on containers to determine if the 36 container is redeemable and accumulates information regarding containers 37 redeemed, including the number of such containers redeemed, thereby 38 enabling the reverse vending machine to accept containers from redeemers 39 and to issue legal tender or a scrip [or], receipt, or other form of 40 credit for their refund value. Such definition shall also apply to 41 alternative technology approved by the commissioner pursuant to subpara- 42 graph (iii) of paragraph (b) of subdivision one of section 27-1007 of 43 this title. Nothing in this definition shall be construed to relieve a 44 dealer specified in subparagraph (iii) of paragraph (b) of subdivision 45 one of section 27-1007 of this title of the requirement to provide an 46 immediate form of deposit repayment if the reverse vending machine or 47 alternative technology does not provide such. 48 14. "Refillable beverage container" means any beverage container which 49 is so constructed and designed that it is structurally capable of being 50 refilled and resold at least fifty times by a beverage manufacturer, and 51 which the beverage manufacturer requires to be returned for the purpose 52 of refilling and resale. 53 15. "Return and reusable system" means a refillable beverage container 54 reuse system that features an operational and financial arrangement in 55 which refillable beverage containers are collected for washing and reus-
A. 6543 3 1 ing. The distances between each point of the system shall be no greater 2 than two hundred miles. 3 16. "Redemption rate" means the percentage of beverage containers sold 4 that are redeemed for deposit value. 5 17. "Recycling" means to separate, dismantle or process the materials, 6 components or commodities contained in discards for the purpose of 7 preparing the materials, components, or commodities for use or reuse in 8 new products or components. "Recycling" shall not include: 9 (a) energy recovery or energy generation by any means, including but 10 not limited to, combustion, incineration, pyrolysis, gasification, 11 solvolysis, or waste-to-fuel; 12 (b) any chemical conversion process; or 13 (c) landfill disposal. 14 18. "Recycling rate" means the percentage of redeemed beverage 15 containers that are ultimately recycled. The recycling rate shall be 16 calculated as the total weight of beverage containers that are recycled 17 in a given year divided by the total weight of beverage containers 18 generated by a distributor in that year. 19 § 4. Section 27-1007 of the environmental conservation law, as added 20 by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b) 21 of subdivision 1 as amended by chapter 459 of the laws of 2011, and 22 subdivision 12 as added by section 3 of part F of chapter 58 of the laws 23 of 2013, is amended to read as follows: 24 § 27-1007. Mandatory acceptance. 25 Except as provided in section 27-1009 of this title: 26 1. (a) A dealer shall accept at [his or her] such dealer's place of 27 business from a redeemer any empty beverage containers of the design, 28 shape, size, color, composition and brand sold or offered for sale by 29 the dealer, and shall pay to the redeemer the refund value of each such 30 beverage container as established in section 27-1005 of this title. 31 Redemptions of refund value must be in legal tender, or a scrip or 32 receipt from a reverse vending machine, provided that the scrip or 33 receipt can be exchanged for legal tender for a period of not less than 34 sixty days without requiring the purchase of other goods. In the event 35 such scrip or receipt expires, such scrip or receipt must indicate any 36 expiration date and the dealer must post a conspicuous sign indicating 37 how many days a redeemer has to exchange the scrip or receipt for legal 38 tender. If such notification is not provided, a dealer must redeem the 39 full refund value indicated on any legible scrip or receipt. The use or 40 presence of a reverse vending machine shall not relieve a dealer of any 41 obligations imposed pursuant to this section. If a dealer utilizes a 42 reverse vending machine to redeem containers, the dealer shall provide 43 redemption of beverage containers when the reverse vending machine is 44 full, broken, under repair or does not accept a type of beverage 45 container sold or offered for sale by such dealer and may not limit the 46 hours or days of redemption except as provided by subdivision three of 47 this section. All dealers and redemption centers shall provide consum- 48 ers the ability to recycle any containers deemed unredeemable. 49 (b) Beginning March first, two thousand ten, a dealer whose place of 50 business is part of a chain engaged in the same general field of busi- 51 ness which operates ten or more units in this state under common owner- 52 ship and whose business has at least: (i) forty thousand but less than 53 sixty thousand square feet devoted to the display of merchandise for 54 sale to the public shall install and maintain at least two reverse vend- 55 ing machines at the dealer's place of business; (ii) sixty thousand but 56 less than eighty-five thousand square feet devoted to the display of
A. 6543 4 1 merchandise for sale to the public shall install and maintain at least 2 three reverse vending machines at the dealer's place of business; or 3 (iii) eighty-five thousand square feet devoted to the display of 4 merchandise for sale to the public shall install and maintain at least 5 four reverse vending machines at the dealer's place of business. The 6 requirements of [paragraph (b) of] this subdivision to install and main- 7 tain reverse vending machines shall not apply to a dealer that: (i) 8 sells only beverage containers of twenty ounces or less where such 9 beverage containers are packaged in quantities fewer than six; (ii) 10 sells beverage containers and devotes no more than five percent of its 11 floor space to the display and sale of consumer commodities, as defined 12 in section two hundred fourteen-h of the agriculture and markets law; or 13 (iii) obtains a waiver from the commissioner authorizing dealers to 14 provide consumers with an alternative technology that: (A) determines if 15 the container is redeemable, (B) provides protections against fraud 16 through a system that validates each container redeemed by reading the 17 universal product code and, except with respect to refillable contain- 18 ers, renders the container unredeemable, (C) accumulates information 19 regarding containers redeemed, and (D) issues legal tender, or a scrip, 20 receipt, or other form of credit for the refund value, that can be 21 exchanged for legal tender for a period of not less than sixty days 22 without requiring the purchase of other goods and includes any expira- 23 tion date on the scrip, receipt, or other form of credit. Notwithstand- 24 ing the foregoing, if the alternative technology does not allow consum- 25 ers to immediately obtain the refund value of the redeemed container, a 26 dealer shall be permitted to deploy such alternative technology only if 27 it also offers an alternative that allows consumers to conveniently and 28 immediately obtain such refund value through a reverse vending machine 29 or other alternative method. 30 (c) A dealer to which paragraph (b) of this subdivision does not apply 31 and whose place of business is at least forty thousand square feet which 32 does not utilize reverse vending machines to process empty beverage 33 containers for redemption shall: (i) establish and maintain a dedicated 34 area within such business to accept beverage containers for redemption; 35 (ii) adequately staff such area to facilitate efficient acceptance and 36 processing of such containers during business hours; and (iii) post one 37 or more conspicuous signs conforming to the size and color requirements 38 described in subdivision two of this section at each public entrance to 39 the business which describes where in the business the redemption area 40 is located. The commissioner may establish in rules and regulations 41 additional standards for the efficient processing of beverage containers 42 by such dealers. 43 (d) For the purposes of this subdivision on any day that a dealer is 44 open for less than twenty-four hours, the dealer may restrict or refuse 45 the payment of refund values during the first and last hour the dealer 46 is open for business. 47 2. A dealer shall post a conspicuous sign, at the point of sale, that 48 states: 49 "NEW YORK BOTTLE BILL OF RIGHTS 50 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF 51 THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE 52 YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER 53 ACT:
A. 6543 5 1 THE RIGHT to return your empties for refund to any dealer who sells 2 the same brand, type and size, whether you bought the beverage from the 3 dealer or not. It is illegal to return containers for refund that you 4 did not pay a deposit on in New York state. 5 THE RIGHT to get your deposit refund in cash, without proof of 6 purchase. 7 THE RIGHT to return your empties any day, any hour, except for the 8 first and last hour of the dealer's business day (empty containers may 9 be redeemed at any time in 24-hour stores). 10 THE RIGHT to return your containers if they are empty and intact. 11 Washing containers is not required by law, but is strongly recommended 12 to maintain sanitary conditions. 13 The New York state returnable container act can be enforced by the New 14 York state department of environmental conservation, the New York state 15 department of agriculture and markets, the New York state department of 16 taxation and finance, the New York state attorney general and/or by your 17 local government." 18 Such sign must be no less than eight inches by ten inches in size and 19 have lettering a minimum of one quarter inch high, and of a color which 20 contrasts with the background. The department shall maintain a toll free 21 telephone number for a "bottle bill complaint line" that shall be avail- 22 able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of 23 violations of this title. The telephone number shall be listed on any 24 sign required by this section. 25 3. On or after June first, two thousand nine, a dealer may limit the 26 number of empty beverage containers to be accepted for redemption at the 27 dealer's place of business to no less than seventy-two containers per 28 visit, per redeemer, per day, provided that: 29 (a) The dealer has a written agreement with a redemption center, be it 30 either at a fixed physical location within the same county and within 31 [one-half] one mile of the dealer's place of business, or a mobile 32 redemption center, operated by a redemption center, that is located 33 within one-quarter mile of the dealer's place of business. The redemp- 34 tion center must have a written agreement with the dealer to accept 35 containers on behalf of the dealer; and the redemption center's hours of 36 operation must cover at least [9:00 a.m. through 7:00 p.m.] eight hours 37 daily or in the case of a mobile redemption center, the hours of opera- 38 tion must cover at least four consecutive hours between 8:00 a.m. and 39 8:00 p.m. daily. The dealer must post a conspicuous, permanent sign, 40 meeting the size and color specifications set forth in subdivision two 41 of this section, open to public view, identifying the location and hours 42 of operation of the affiliated redemption center or mobile redemption 43 center; and 44 (b) The dealer provides, at a minimum, a consecutive two hour period 45 between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up 46 to two hundred forty containers, per redeemer, per day, and posts a 47 conspicuous, permanent sign, meeting the size and color specifications 48 set forth in subdivision two of this section, open to public view, iden- 49 tifying those hours. The dealer may not change the hours of redemption 50 without first posting a thirty day notice; and 51 (c) The dealer's primary business is the sale of food or beverages for 52 consumption off-premises, and the dealer's place of business is less 53 than ten thousand square feet in size. 54 4. A deposit initiator shall accept from a dealer or operator of a 55 redemption center any empty beverage container of the design, shape, 56 size, color, composition and brand sold or offered for sale by the
A. 6543 6 1 deposit initiator, and shall pay the dealer or operator of a redemption 2 center the refund value of each such beverage container as established 3 by section 27-1005 of this title. A deposit initiator shall accept and 4 redeem all such empty beverage containers from a dealer or redemption 5 center without limitation on quantity. 6 5. A deposit initiator's or distributor's failure to pick up empty 7 beverage containers, including containers processed in a reverse vending 8 machine, from a redemption center, dealer or the operator of a reverse 9 vending machine, in a timely manner and at reasonable times as provided 10 by the department pursuant to the regulations promulgated pursuant to 11 paragraph (c) of subdivision eight of this section shall be a violation 12 of this title. 13 6. In addition to the refund value of a beverage container as estab- 14 lished by section 27-1005 of this title, a deposit initiator shall pay 15 to any dealer or operator of a redemption center a handling fee of 16 [three and one-half] five cents for each beverage container accepted by 17 the deposit initiator from such dealer or operator of a redemption 18 center. Beginning April first, two thousand twenty-seven, the handling 19 fee shall be six cents. Beginning April first, two thousand thirty-two, 20 the handling fee shall be six and one-half cents. Payment of the handl- 21 ing fee shall be as compensation for collecting, sorting and packaging 22 of empty beverage containers for transport back to the deposit initiator 23 or its designee. Payment of the handling fee may not be conditioned on 24 the purchase of any goods or services, nor may such payment be made out 25 of the refund value account established pursuant to section 27-1012 of 26 this title. A distributor who does not initiate deposits on a type of 27 beverage container is considered a dealer only for the purpose of 28 receiving a handling fee from a deposit initiator. 29 7. A deposit initiator on a brand shall accept from a distributor who 30 does not initiate deposits on that brand any empty beverage containers 31 of that brand accepted by the distributor from a dealer or operator of a 32 redemption center and shall reimburse the distributor the refund value 33 of each such beverage container, as established by section 27-1005 of 34 this title. In addition, the deposit initiator shall reimburse such 35 distributor for each such beverage container the handling fee estab- 36 lished under subdivision six of this section. Without limiting the 37 rights of the department or any person, firm or corporation under this 38 subdivision or any other provision of this section, a distributor shall 39 have a civil right of action to enforce this subdivision, including, 40 upon three days notice, the right to apply for temporary and preliminary 41 injunctive relief against continuing violations, and until arrangements 42 for collection and return of empty containers or reimbursement of such 43 distributor for such deposits and handling fees are made. 44 8. It shall be the responsibility of the deposit initiator or distrib- 45 utor to provide to a dealer or redemption center a sufficient number of 46 bags, cartons, or other suitable containers, at no cost, for the packag- 47 ing, handling and pickup of empty beverage containers that are not 48 redeemed through a reverse vending machine. The bags, cartons, or 49 containers must be provided by the deposit initiator or distributor on a 50 schedule that allows the dealer or redemption center sufficient time to 51 sort the empty beverage containers prior to pick up by the deposit 52 initiator or distributor. In addition: 53 (a) When picking up empty beverage containers, a deposit initiator or 54 distributor shall not require a dealer or redemption center to load 55 their own bags, cartons or containers onto or into the deposit initi- 56 ator's or distributor's vehicle or vehicles or provide the staff or
A. 6543 7 1 equipment needed to do so. However, where pallets or skids, bags, 2 cartons or containers are readily movable only by means of a forklift or 3 similar equipment, a deposit initiator or distributor may require a 4 dealer or redemption center to move or load such items at no cost using 5 a forklift or similar equipment belonging to the dealer or redemption 6 center provided that such equipment and appropriate staff are readily 7 available. 8 (b) A deposit initiator or distributor shall not require empty 9 containers to be counted at a location other than the redemption center 10 or dealer's place of business. The dealer or redemption center shall 11 have the right to be present at the count. In the event of a discrepancy 12 between the count of the dealer or redemption center and the count of 13 the deposit initiator or distributor for containers not processed 14 through a reverse vending machine all such empty containers shall be 15 retained and a re-count may be requested. The re-count may be held at a 16 location other than the redemption center or dealer's place of business 17 only if the dealer or redemption center agrees and is present. 18 (c) A deposit initiator or distributor shall pick up empty beverage 19 containers from the dealer or redemption center in a timely manner and 20 at reasonable times [and intervals] as determined in rules or regu- 21 lations promulgated by the department no later than April first, two 22 thousand twenty-seven. 23 9. No person shall return or assist another to return to a dealer or 24 redemption center an empty beverage container for its refund value if 25 such container had previously been accepted for redemption by a dealer, 26 redemption center, or deposit initiator who initiates deposits on bever- 27 age containers of the same brand. 28 10. A redeemer, dealer, distributor or redemption center shall not 29 knowingly redeem an empty beverage container on which a deposit was 30 never paid in New York state. 31 11. Notwithstanding the provisions of subdivision two of section 32 27-1009 of this title, a deposit initiator or distributor shall accept 33 and redeem beverage containers as provided in this title, if the dealer 34 or operator of a redemption center shall have accepted and paid the 35 refund value of such beverage containers. 36 12. No person shall intentionally program, tamper with, render inaccu- 37 rate, or circumvent the proper operation of a reverse vending machine to 38 wrongfully elicit deposit monies when no valid, redeemable beverage 39 container has been placed in and properly processed by the reverse vend- 40 ing machine. 41 13. The department and the department of taxation and finance are 42 authorized to audit any reverse vending machine. 43 14. Notwithstanding any provision of this section to the contrary, a 44 dealer shall not be required to accept from a redeemer any empty bever- 45 age container at a farmers' market as such term is defined by the 46 department of agriculture and markets. 47 § 5. Subdivision 1 of section 27-1011 of the environmental conserva- 48 tion law is amended by adding a new paragraph c to read as follows: 49 c. Each beverage container sold or offered for sale in this state that 50 has a refund value pursuant to paragraph a of this subdivision, shall 51 include a universal product code and barcode printed on the label that 52 is readable by reverse vending machine or alternative technology. Each 53 deposit initiator shall provide such universal product code and barcode 54 and ownership and packaging information of any such beverage container, 55 to the department not less than forty-five days prior to such product 56 being offered for sale in the state. The department shall, not more than
A. 6543 8 1 thirty days after receipt of such information, make this information 2 readily available to any redemption center, reverse vending machine 3 system operator, deposit initiator-authorized contracted agents, or any 4 other appropriate stakeholder approved by the department. 5 § 6. Paragraph (b) of subdivision 3 of section 27-1011 of the environ- 6 mental conservation law, as added by section 1 of part PP of chapter 58 7 of the laws of 2018, is amended and two new subdivisions 4 and 5 are 8 added to read as follows: 9 (b) comply with [minimum post-consumer recycled material content and] 10 hole diameter limitations as defined in rules and regulations promulgat- 11 ed by the department no later than April first, two thousand twenty-six, 12 and is recyclable and indicates a resin identification code. 13 4. Each distributor shall develop and implement a policy with the goal 14 of achieving the following performance requirement: Beginning April 15 first, two thousand thirty-one, it shall be the goal of each distributor 16 that at least twenty-five percent of all beverage containers sold by 17 each distributor in the state shall be refillable containers that are 18 part of a return and reusable system. Each distributor shall work with 19 dealers, reverse vending machine owners, and redemption centers to 20 ensure that refillable beverage containers sold by the distributor 21 achieve at least an eighty percent return rate. 22 5. Each distributor is required to meet the following performance 23 requirements: a. Beginning April first, two thousand twenty-six, all 24 distributors of non-refillable beverage containers shall report the 25 recycling rate, by material type, of redeemed containers to the depart- 26 ment. 27 b. Beginning April first, two thousand twenty-seven, at least seventy 28 percent of the redeemed beverage container material shall be recycled. 29 c. Beginning April first, two thousand twenty-nine, at least eighty 30 percent of the redeemed beverage container material shall be recycled. 31 d. Beginning April first, two thousand thirty-one, at least ninety 32 percent of the redeemed beverage container material, including beverage 33 container caps, lids, and other rigid sealers, shall be recycled. 34 § 7. Subdivision 5 of section 27-1012 of the environmental 35 conservation law, as amended by section 2 of part JJ of chapter 58 of 36 the laws of 2017, is amended to read as follows: 37 5. All moneys collected or received by the department of taxation and 38 finance pursuant to this title shall be deposited to the credit of the 39 comptroller with such responsible banks, banking houses or trust compa- 40 nies as may be designated by the comptroller. Such deposits shall be 41 kept separate and apart from all other moneys in the possession of the 42 comptroller. The comptroller shall require adequate security from all 43 such depositories. Of the total revenue collected, the comptroller shall 44 retain the amount determined by the commissioner of taxation and finance 45 to be necessary for refunds out of which the comptroller must pay any 46 refunds to which a deposit initiator may be entitled. Of the revenue 47 remaining following payments of any refunds, the comptroller shall 48 retain an amount equal to five percent of the total for the beverage 49 container assistance program established pursuant to section 27-1018 of 50 this title. After reserving the amount to pay refunds, the comptroller 51 must, by the tenth day of each month, pay into the state treasury to the 52 credit of the general fund the revenue deposited under this subdivision 53 during the preceding calendar month and remaining to the comptroller's 54 credit on the last day of that preceding month; provided, however, that, 55 beginning April first, two thousand thirteen, nineteen million dollars, 56 and all fiscal years thereafter, twenty-three million dollars plus all
A. 6543 9 1 funds received from the payments due each fiscal year pursuant to subdi- 2 vision four of this section in excess of the greater of the amount 3 received from April first, two thousand twelve through March thirty- 4 first, two thousand thirteen or one hundred twenty-two million two 5 hundred thousand dollars, shall be deposited to the credit of the envi- 6 ronmental protection fund established pursuant to section ninety-two-s 7 of the state finance law. 8 § 8. Paragraph c of subdivision 3 of section 27-1012 of the environ- 9 mental conservation law, as added by section 8 of part SS of chapter 59 10 of the laws of 2009, is amended and a new subdivision 13 is added to 11 read as follows: 12 c. all withdrawals from the refund value account during such quarter, 13 including all reimbursements paid pursuant to subdivision two of this 14 section, all service charges on the account, provided that such service 15 charges do not exceed the maximum amount authorized by the commissioner, 16 and all payments made pursuant to subdivision four of this section; and 17 13. Annually the department, in consultation with the department of 18 taxation and finance, shall use available information to produce an 19 annual report at a minimum containing information on redemption rates, 20 container material types by percent usage, refillable container usage, 21 fraud and enforcement actions, an analysis of the handling fee and 22 consumer price index, and information on how this program helps to 23 achieve the targets of chapter one hundred six of the laws of two thou- 24 sand nineteen. Such report shall be shared with the legislature and 25 posted publicly on the department's website. 26 § 9. Paragraph a of subdivision 4 of section 27-1012 of the environ- 27 mental conservation law, as added by section 8 of part SS of chapter 59 28 of the laws of 2009, is amended to read as follows: 29 a. Quarterly payments. An amount equal to eighty percent of the 30 balance outstanding in the refund value account at the close of each 31 quarter shall be paid to the commissioner of taxation and finance at the 32 time the report provided for in subdivision three of this section is 33 required to be filed. The commissioner of taxation and finance may 34 require that the payments be made electronically. The remaining twenty 35 percent of the balance outstanding at the close of each quarter shall be 36 the monies of the deposit initiator and may be withdrawn from such 37 account by the deposit initiator. However, a deposit initiator who 38 initiates deposits on refillable beverage containers which are part of a 39 return and reusable system may be entitled to pay an amount equal to 40 seventy-five percent of the balance outstanding in the refund value 41 account specifically attributable to refillable beverage containers at 42 the close of each quarter to the commissioner of taxation and finance at 43 the time the report provided for in subdivision three of this section is 44 required to be filed. The department shall promulgate rules on the 45 eligibility of deposit initiators for such refillable beverage container 46 bonus. If the provisions of this section with respect to such account 47 have not been fully complied with, each deposit initiator shall pay to 48 such commissioner at such time, in lieu of the amount described in the 49 preceding sentence, an amount equal to the balance which would have been 50 outstanding on such date had such provisions been fully complied with. 51 The commissioner of taxation and finance may require that the payments 52 be made electronically. 53 § 10. Paragraph a of subdivision 7 of section 27-1012 of the environ- 54 mental conservation law, as amended by section 8 of part SS of chapter 55 59 of the laws of 2009, is amended to read as follows:
A. 6543 10 1 a. Any person who is a deposit initiator under this title before April 2 first, two thousand nine, must apply by June first, two thousand nine to 3 the commissioner of taxation and finance for registration as a deposit 4 initiator. Any person who becomes a deposit initiator on or after April 5 first, two thousand nine shall apply for registration prior to collect- 6 ing any deposits as such a deposit initiator. Such application shall be 7 in a form prescribed by the commissioner of taxation and finance and 8 shall require such information deemed to be necessary for proper admin- 9 istration of this title. The commissioner of taxation and finance may 10 require that applications for registration must be submitted electron- 11 ically. The commissioner of taxation and finance shall electronically 12 issue a deposit initiator registration certificate in a form prescribed 13 by the commissioner of taxation and finance within fifteen days of 14 receipt of such application or may take an additional ten days if the 15 commissioner of taxation and finance deems it necessary to consult with 16 the commissioner before issuing such registration certificate. A regis- 17 tration certificate issued pursuant to this subdivision may be issued 18 for a specified term of not less than three years and shall be subject 19 to renewal in accordance with procedures specified by the commissioner 20 of taxation and finance. The commissioner of taxation and finance shall 21 furnish to the commissioner a complete list of registered deposit initi- 22 ators and shall continually update such list as warranted. The commis- 23 sioner shall share any information with the commissioner of taxation and 24 finance that is necessary for the administration of this subdivision. 25 The commissioner shall publish the list of registered deposit initiators 26 and their covered products, and a list of registered redemption centers 27 on the department's website. 28 § 11. Section 27-1014 of the environmental conservation law, as 29 amended by section 10 of part SS of chapter 59 of the laws of 2009, is 30 amended to read as follows: 31 § 27-1014. Authority to promulgate rules and regulations. 32 In addition to the authority of the commissioner, under sections 33 27-1007, 27-1009 [and], 27-1011, 27-1012, 27-1013, and 27-1018 of this 34 title, the commissioner shall have the power to promulgate rules and 35 regulations necessary and appropriate for the administration of this 36 title. 37 § 12. Section 27-1018 of the environmental conservation law, as added 38 by section 13 of part SS of chapter 59 of the laws of 2009, is amended 39 to read as follows: 40 § 27-1018. Beverage container assistance program. 41 Notwithstanding any other provision of law to the contrary, within the 42 amounts retained by the comptroller for use under the beverage container 43 assistance program pursuant to subdivision five of section 27-1012 of 44 this title, and within the limits of appropriations therefor, the 45 commissioner shall make state assistance payments to municipalities, 46 qualifying small businesses, and not-for-profit organizations located in 47 the state, upon application, for the cost and installation of reverse 48 vending machines located or to be located in the state. Such state 49 assistance payments shall not exceed fifty percent of the costs of 50 equipment, [and/or the acquisition] installation and/or rehabilitation 51 of real property or structures located or to be located in the state 52 related to the collecting, sorting, and packaging of empty beverage 53 containers subject to the provisions of this title. [Such payments may 54 include costs related to the establishment of redemption centers, 55 including mobile redemption centers.] For the purposes of this section, 56 municipalities and not-for-profit organizations shall have the meaning
A. 6543 11 1 as defined in section 54-0101 of this chapter and qualified small busi- 2 nesses shall mean a dealer[, distributor] or redemption center as 3 defined in this title that employs less than fifty employees. Preference 4 for these funds shall be given to registered redemption centers that do 5 not utilize any reverse vending machines. Preference for these funds 6 shall also be given to municipalities, not-for-profit organizations, or 7 qualified small businesses that do not have a registered redemption 8 center within one mile. 9 § 13. Subdivision 1 of section 27-1013 of the environmental conserva- 10 tion law, as amended by section 7 of part F of chapter 58 of the laws of 11 2013, is amended to read as follows: 12 1. The commissioner is hereby empowered to promulgate rules and regu- 13 lations governing (a) the circumstances in which deposit initiators, 14 dealers and distributors, individually or collectively, are required to 15 accept the return of empty beverage containers, including beverage 16 containers processed through reverse vending machines and make payment 17 therefor; (b) the sorting of the containers which a deposit initiator or 18 distributor may require of dealers and redemption centers; (c) the 19 collection of returned beverage containers by deposit initiators or 20 distributors, including the party to whom such expense is to be charged, 21 the frequency of such pick ups, a process for safe pick ups, and the 22 payment for refunds and handling fees thereon; (d) the right of dealers 23 to restrict or limit the number of containers redeemed, the rules for 24 redemption at the dealers' place of business, and the redemption of 25 containers from a beverage for which sales have been discontinued; (e) 26 [to] the right of redemption centers to have timely, transparent, and 27 safe pick ups and transparent verification of container counts; (f) the 28 department shall issue registrations to persons, firms or corporations 29 which establish redemption centers, subject to applicable provisions of 30 local and state laws, at which redeemers and dealers may return empty 31 beverage containers and receive payment of the refund value of such 32 beverage containers[. Such], subject to a review that considers safety 33 and accessibility, and shall be renewed every ten years. As of April 34 first, two thousand twenty-seven, such registrations shall be issued at 35 [no cost] the cost of one hundred fifty dollars. Should the department 36 require [by] any additional regulations adopted pursuant to this para- 37 graph [that redemption centers must obtain a registration as a condition 38 of operation,] any redemption center in business as of [March first, two 39 thousand thirteen] April first, two thousand twenty-six that previously 40 provided the department with the notification information required by 41 regulations in effect as of such date may continue to operate as if the 42 department had issued such redemption center a registration required by 43 regulations adopted under this paragraph; provided, however, that such 44 redemption center shall provide the department with any other informa- 45 tion required by regulations adopted pursuant to this paragraph. The 46 department may, after due notice and opportunity of hearing, pursuant to 47 the provisions of section 71-1709 of this chapter, deny an application 48 or revoke a registration. In determining whether or not to revoke a 49 registration the commissioner shall at a minimum, take into consider- 50 ation the compliance history of a violator, good faith efforts of a 51 violator to comply, any economic benefit from noncompliance and whether 52 the violation was procedural in nature. The commissioner's determination 53 to revoke a registration is subject to review under article seventy- 54 eight of the civil practice law and rules; [and (f)] (g) the operation 55 of mobile redemption centers in order to ensure that to the best extent 56 practicable containers are not proffered for redemption to a deposit
A. 6543 12 1 initiator or distributor outside of the geographic area where such 2 deposit initiator sells containers and initiates deposits; (h) yearly 3 information provided to the department from dealers and redemption 4 centers including number of containers redeemed and any other informa- 5 tion required by the department; and (i) climate mitigation including 6 targets within chapter one hundred six of the laws of two thousand nine- 7 teen and recommendations on improving redeemed container recycling 8 rates. 9 § 14. Section 27-1005 of the environmental conservation law, as added 10 by section 4 of part SS of chapter 59 of the laws of 2009, is amended to 11 read as follows: 12 § 27-1005. Refund value. 13 No person shall sell or offer for sale a beverage container in this 14 state unless the deposit on such beverage container is or has been 15 collected by a registered deposit initiator and unless such container 16 has a refund value of not less than five cents, and beginning April 17 first, two thousand twenty-seven, a refund value of not less than ten 18 cents, which is clearly indicated thereon as provided in section 27-1011 19 of this title. 20 § 15. Section 27-1018 of the environmental conservation law is 21 REPEALED. 22 § 16. The multi-agency bottle bill fraud investigation team, led by 23 the department of environmental conservation and first announced on 24 October 23, 2023, shall submit a report to the governor, the temporary 25 president of the senate, and the speaker of the assembly no later than 26 one year after the effective date of this act. Such report shall 27 include, but not be limited to, any findings of pervasive beverage 28 container redemption fraud in New York state, and any recommendations 29 for legislative action in response to such fraud. 30 § 17. This act shall take effect April 1, 2026; provided, however, 31 that section one of this act shall take effect April 1, 2027; provided, 32 further, that section two of this act shall take effect April 1, 2030; 33 provided, further, that the amendments to subdivision 6 of section 34 27-1007 of the environmental conservation law made by section four of 35 this act shall take effect immediately; and provided, further, that 36 section fifteen of this act shall take effect January 1, 2039, with any 37 proceeds transferred to the environmental protection fund established 38 pursuant to section 92-s of the state finance law. Effective immediate- 39 ly, the addition, amendment and/or repeal of any rule or regulation 40 necessary for the implementation of this act on its effective date are 41 authorized to be made and completed on or before such effective date.