New York

The 2009 Campaign

Governor 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's not over yet!

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

 

Details

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.

Progress

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

Contacts

Laura Haight, NYPIRG.
(518) 436-0876 x258 or
lhaight@nypirg.org.

Joseph Stelling, NYPIRG
518-436-0876 x276 or
jstelling@nypirg.org

Updated June 4, 2009