New York A 8391: Relates to returnable beverage containers; repealer

Bill Text

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A08391 Summary:

BILL NOA08391A

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SAME ASSAME AS S07722-A

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SPONSORSeptimo

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COSPNSRHyndman, Simon, Kay

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MLTSPNSR

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Amd §§27-1003, 27-1007, 27-1015, 27-1009, 27-1011, 27-1012 & 27-1013, rpld §27-1007 sub 11, add §27-1008, En
Con L

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Relates to returnable beverage containers; amends certain definitions relating thereto; repeals a certain provision of law relating thereto; provides that a dealer whose place of business is less than ten thousand square feet and whose primary business is the sale of food or beverages for consumption off-premises may obtain an exemption from the obligation to accept empty beverage containers for redemption under certain conditions; provides for different handling fees for beverage containers accepted by a deposit initiator from a dealer or operator of a redemption center; provides that a deposit initiator shall have the right to conduct audits of containers presented for redemption by redemption centers or dealers subject to certain provisions; provides requirements for groups of deposit initiators and brands to form a commingling group; relates to provisions governing redemption centers.

Go to top A08391 Actions:

BILL NOA08391A

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05/13/2025referred to environmental conservation

01/07/2026referred to environmental conservation

03/06/2026amend and recommit to environmental conservation

03/06/2026print number 8391a

Go to topA08391 Committee&nbspVotes:

Go to topA08391 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08391 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8391--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 13, 2025
 ___________

 Introduced by M. of A. SEPTIMO, HYNDMAN, SIMON, KAY -- read once and
 referred to the Committee on Environmental Conservation -- recommitted
 to the Committee on Environmental Conservation in accordance with
 Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the environmental conservation law, in relation to
 returnable beverage containers; and repealing certain provisions of
 such law relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 9 of section 27-1003 of the environmental
 2 conservation law, as amended by section 3 of part SS of chapter 59 of
 3 the laws of 2009, is amended and a new subdivision 14 is added to read
 4 as follows:
 5 9. "Redemption center" means any person [offering] in compliance with
 6 section 27-1013 of this title who is not a dealer and offers to pay the
 7 refund value of an empty beverage container to a redeemer, or [any
 8 person] who contracts with one or more dealers or distributors to
 9 collect, sort and obtain the refund value and handling fee of empty
 10 beverage containers for, or on behalf of, such dealer or distributor
 11 [under the provisions of section 27-1013 of this title].
 12 14. "Commingling" means the sorting of beverage containers at a
 13 redemption center by size and material type rather than by deposit
 14 initiator in accordance with the requirements of an approved commingling
 15 agreement.
 16 § 2. Subdivisions 1 and 2 of section 27-1003 of the environmental
 17 conservation law, as amended by section 2 of part SS of chapter 59 of
 18 the laws of 2009, are amended to read as follows:
 19 1. "Beverage" means carbonated soft drinks, [water] noncarbonated
 20 drinks, beer, other malt beverages and a wine product as defined in
 21 subdivision thirty-six-a of section three of the alcoholic beverage

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11876-03-5

 A. 8391--A 2

 1 control law. "Noncarbonated drinks" means any noncarbonated liquid
 2 intended for human consumption excluding "spirits" and "wine" as defined
 3 in subdivisions twenty-nine and thirty-six of section three of the alco-
 4 holic beverage control law, beverages with dairy milk as the primary
 5 (first) ingredient, drugs regulated under the federal food, drug and
 6 cosmetic act, infant formula, or meal replacement liquids. "Malt bever-
 7 ages" means any beverage obt