Bill textGovernor Paterson proposed including the Bigger Better Bottle Bill in the 2009 State Budget. Changes to the existing law are highlighted below.
On April 7, the updated bottle bill was passed, set to take effect June 1. However, the fight has dragged on for months as bottlers, redemption centers, and environmental leaders argued in court over the constitutionality of the law and other matters.
| Bill Number and Name | S59 and A159 Bill text |
|---|---|
| Primary Sponsor | Introduced by Governor David Paterson |
| Beverages Covered | Adds water |
| Handling Fees | Increased to 3.5¢ |
| Unredeemed Deposits | 80% to the state General Fund; 20% retained by distributor |
Requires statewide chain retailers, with stores over 40,000 square feet, to install reverse vending machines.
To prevent people from collecting deposit refunds in New York for bottles they bought in neighboring states that did not charge a deposit, all New York deposit containers must have a separate UPC code.
Almost as soon as the bill was passed, industry groups set about writing amendments to the bill, which, if passed, would seriously limit the bill's effectiveness. To find out more about these bills and their potential damaging effects, see the letter that New York environmental groups have sent to their lawmakers.
Although the bill was set to come into effect on June first, bottled water companies fought against it in court, causing the implementation to be delayed. On August 13, 2009, a New York district judge ruled that all provisions of the bill should go into effect without delay, except the expansion to bottled water (delayed until October 22, by which time water companies would have to submit proof that they needed more time to comply) and the state-specific UPC code, which was enjoined indefinitely.
A summary of the changes was distributed to deposit initiators in late August to clarify their responsibilities.
January 7, 2009: A159 Introduced and referred to Ways and Means
March 31, 2009: Passed Assembly and referred to Senate
April 3, 2009: Passed Senate, returned to Assembly and delivered to Governor
April 7, 2009: Signed by governor
May 18, 2009: Nestle Waters and the International Bottled Water Association filed a lawsuit against the state of New York, claiming the New-York-only UPC provision violates the US Constitution
May 27, 2009: U.S. District Judge Thomas P. Griesa issued a verbal injunction preventing the updated law from being implemented while the lawsuit is in progress.
May 29, 2009: A written court order by Judge Griesa further delayed implementation of any part of the law until April 1, 2010
August 13, 2009: District Judge Batts ordered that all elements of the bill should go into effect immediately except the expansion to bottled water (effective October 22) and the implementation of a NY-specific bar code (enjoined indefinitely)
Laura Haight, NYPIRG.
(518) 436-0876 x258 or
[email protected].
Joseph Stelling, NYPIRG
518-436-0876 x276 or
[email protected]
Jennifer Kruman
Environmental Program Specialist 1
NY DEC, Division of Solid & Hazardous Materials
Bureau of Waste Reduction and Recycling
625 Broadway
Albany, NY 12233-7253
Phone: 518-402-8705
[email protected]