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A06267 Summary:

BILL NOA06267
 
SAME ASSAME AS S05820-A
 
SPONSORRamos
 
COSPNSR
 
MLTSPNSR
 
Amd §27-1007, En Con L
 
Increases the handling fee paid to dealers or operators of a redemption center for the redemption of empty beverage containers.
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A06267 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6267
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 3, 2025
                                       ___________
 
        Introduced  by M. of A. RAMOS -- read once and referred to the Committee
          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 of 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.
     9  Beginning April first, two thousand twenty-five, the handling fee  shall
    10  be six cents and shall be adjusted periodically thereafter in accordance
    11  with paragraphs (b) and (c) of this subdivision. Payment of the handling
    12  fee  shall  be  as compensation for collecting, sorting and packaging of
    13  empty beverage containers for transport back to the deposit initiator or
    14  its designee. Payment of the handling fee may not be conditioned on  the
    15  purchase  of  any goods or services, nor may such payment be made out of
    16  the refund value account established pursuant to section 27-1012 of this
    17  title. A distributor who does not initiate deposits on a type of  bever-
    18  age container is considered a dealer only for the purpose of receiving a
    19  handling fee from a deposit initiator.
    20    (b)  Beginning  December  thirty-first, two thousand twenty-five, each
    21  year a new federal or New York state minimum wage is to take effect, but
    22  not later than the date that the new federal or New York  state  minimum
    23  wage  is  to  take effect, the commissioner shall determine the handling
    24  fee to be in effect pursuant to this subdivision. Subject  to  paragraph
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05235-02-5

        A. 6267                             2
 
     1  (c)  of  this  subdivision, the handling fee determined pursuant to this
     2  subdivision shall be:
     3    (i)  not  less  than the amount in effect on the date of such determi-
     4  nation;
     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    (c)  The  handling  fee  shall  only  be  increased  by the percentage
     9  increase in a newly effective federal minimum wage pursuant to paragraph
    10  (b) of this subdivision if the federal minimum wage is set at an  amount
    11  higher than the New York state minimum wage. If the federal minimum wage
    12  is not set at an amount higher than the New York state minimum wage, the
    13  handling  fee  shall  be increased only by the percentage of increase in
    14  the New York state minimum wage taking effect in such year. If  a  newly
    15  effective  New  York  state  minimum wage increases based on a wage rate
    16  schedule that varies throughout New  York  state,  then  the  percentage
    17  increase  to  be used for calculating the handling fee shall be based on
    18  the wage rate applicable to city  of  New  York  employers  with  eleven
    19  employees or more.
    20    § 2. This act shall take effect immediately.
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