NY State Senate Bill 2011-S4323

Senate Bill S4323

Signed By Governor

2011-2012 Legislative Session

Authorizes the sale of metal beverage containers with caps that do not decompose

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 03, 2011	signed chap.381
Jul 22, 2011	delivered to governor
Jun 17, 2011	returned to senate passed assembly ordered to third reading rules cal.410 substituted for a7483
May 10, 2011	referred to environmental conservation delivered to assembly passed senate
May 09, 2011	advanced to third reading
May 04, 2011	2nd report cal.
May 03, 2011	1st report cal.436
Mar 29, 2011	referred to environmental conservation

Votes

- May 10, 2011 - Floor Vote
  S4323
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 10, 2011
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Duane
      
      excused (1)
      
      Oppenheimer
  May 3, 2011 - Environmental Conservation Committee Vote
  S4323
  
  12
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 3, 2011
      
      aye (12)
      
      Avella
      
      Espaillat
      
      Grisanti
      
      Johnson
      
      LaValle
      
      Little
      
      Marcellino
      
      Maziarz
      
      O'Mara
      
      Perkins
      
      Stewart-Cousins
      
      Young
      
      aye wr (1)
      
      Serrano
      
      excused (1)
      
      Oppenheimer

2011-S4323 (ACTIVE) - Details

See Assembly Version of this Bill:: A7483
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-1011, En Con L

2011-S4323 (ACTIVE) - Summary

Authorizes the sale of metal beverage containers with caps that do not decompose.

2011-S4323 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4323

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to authorizing
the sale of metal beverage containers with caps that do not decompose

PURPOSE:
This legislation allows for metal beverage containers to
have a ring or tab that is detachable.

SUMMARY OF SPECIFIC PROVISIONS:
Amends the environmental
conservation law to allow for metal beverage containers to have a
ring or tab that is detachable.

JUSTIFICATION:
Under a provision of the original bottle bill enacted
in 1982 metal bottles are technically illegal in the state under the
bottle bill for both statutory and regulatory reasons. This provision
was enacted to address the original pull-tabs on cans that were
totally detachable and had the potential of causing serious injury
and death to fish and wildlife. As a result part of the bottle bill
contains language requiring that the cap remain adhered to the
container when opened.
At the time this law was enacted, metal bottles did not exist and this

addressed only the pull-tab issue and resolved the problems that
these tabs caused.

A related regulatory issue exists due to a requirement that metal cans
are required to have the deposit requirements etched on to the top of
the container, something that makes sense on a can given its size but
not on a bottle cap.

In recent years a number of bottlers have designed and marketed
beverages in metal bottles that more closely resemble traditional
glass bottles rather than cans and have a twist cap identical to the
cap placed on a glass bottle. These have proven to be both
environmentally and business friendly for at least four reasons-they
weigh less than glass containers and therefore cost less to
transport, the metal container has greater markets for recycling than
do glass containers, they cost less to refrigerate thereby saving
energy and by being virtually unbreakable, the risk of injury to
humans or animals is greatly diminished.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S4323 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4323

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 29, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  authorizing  the  sale  of metal beverage containers with caps that do
  not decompose

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section  27-1011 of the environmental
conservation law, as amended by section 7 of part SS of  chapter  59  of
the laws of 2009, is amended to read as follows:
  2. No deposit initiator, distributor or dealer shall sell or offer for
sale, at wholesale or retail in this state, any metal beverage container
designed  and  constructed  with  a  [part of the container] RING OR TAB
which is detachable in opening the container unless such detachable part
will decompose by photodegradation or biodegradation.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10431-01-1

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