|SAME AS||SAME AS S05366-A|
|COSPNSR||Walter, Raia, Hyndman|
|Amd §27-1007, En Con L|
|Relates to the handling fee paid to a dealer or operator of a redemption center for the redemption of empty beverage containers.|
|03/21/2017||referred to environmental conservation|
|01/03/2018||referred to environmental conservation|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6816 SPONSOR: Pretlow
TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to raise the fees at redemption centers, so that they may afford to pay the new minimum wage established by the state.   SUMMARY OF SPECIFIC PROVISIONS:   JUSTIFICATION: With the recent passing of the rise in the New York State minimum wage, this will create problems for certain businesses that are labor inten- sive. One of those businesses than will feel the negative impact of the rise in the minimum wage is the bottle and can redemption businesses. These businesses are not against the rise in the minimum wage but they are in danger of being out of business if fees that are established by statute do not increase in according to the rise of minimum wage. These redemption businesses have labor that make up 40 percent of their total business cost. Therefore with such businesses that generate reven- ue that is solely based on fees established by statute they will be in danger of having to let go of employees or be forced out of business because of lost revenue. However if the fees where to be increased at the same rate that the minimum wage has been increased this will allow redemption centers to stay open and can even grow the number of centers across the state. Ever since the state established The Bottle Bill which allows these redemption centers to operate and collect these bottles and cans, at a set fee, environmental groups have studied the benefits of these centers. For example the Department of Environmental Conservation has noted that since this bill was passed there has been a reduction of roadside container litter by 70 percent. This reduction in container litter has come in large part from the establishment of redemption centers that collect and properly dispose of such containers. Other research shows how these centers not only help the environment but also contribute to the economy by creating jobs. The New York Public Interest Group (NYPIRG) has also conducted research that shows the bene- fits of these centers stating that, these centers currently employee over 10,000 entry level workers. NYPIRG has gone on to state that a new increased fee "will encourage more redemption centers to open and expand, making it more convenient to return empty containers." If the fee where to be increased it will not only help keep the environment clean but it will also help more redemption centers to open across the state, therefore also increasing opportunities for level entry employ- ees.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None to the state   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 6816 2017-2018 Regular Sessions IN ASSEMBLY March 21, 2017 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee 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. 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 [ of7 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 23 is to take effect, the commissioner shall determine the handling fee to 24 be in effect pursuant to this subdivision. Subject to paragraph (d) of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10680-01-7A. 6816 2 1 this subdivision, the handling fee determined pursuant to this subdivi- 2 sion shall be: 3 (i) not less than the amount in effect under paragraph (b) on the date 4 of such determination; 5 (ii) increased from such amount by the percentage increase in the 6 newly effective federal or New York state minimum wage; and 7 (iii) rounded to the nearest multiple of $0.005. 8 (d) The handling fee shall only be increased by the percentage 9 increase in a newly effective federal minimum wage pursuant to paragraph 10 (c) of this subdivision if the federal minimum wage is set at an amount 11 higher than the New York state minimum wage. Otherwise, the handling fee 12 shall be increased only by the percentage increase in a newly effective 13 New York state minimum wage pursuant to paragraph (c) of this subdivi- 14 sion. If a newly effective New York state minimum wage increases based 15 on a wage rate schedule that varies throughout New York state, then the 16 percentage increase to be used for calculating the handling fee shall be 17 based on the wage rate applicable to city of New York employers with 18 eleven employees or more pursuant to paragraph (c) of this subdivision. 19 § 2. This act shall take effect immediately.