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A06816 Summary:

BILL NOA06816
 
SAME ASSAME AS S05366-A
 
SPONSORPretlow
 
COSPNSRWalter
 
MLTSPNSR
 
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.
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A06816 Actions:

BILL NOA06816
 
03/21/2017referred to environmental conservation
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A06816 Memo:

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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A06816 Text:



 
                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 [of
     7  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.
                                                                   LBD10680-01-7

        A. 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.
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