STATE OF NEW YORK
________________________________________________________________________
8668--A
IN ASSEMBLY
January 10, 2022
___________
Introduced by M. of A. CAHILL, COOK, GLICK, McDONALD, GALEF, SIMON,
STECK, DINOWITZ, DICKENS, HUNTER, KELLES, THIELE, MAGNARELLI,
LEMONDES, CRUZ, BROWN, DAVILA, DURSO, TAGUE, O'DONNELL, GONZALEZ-RO-
JAS, LUNSFORD, FERNANDEZ, FORREST -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
expansion of the New York bottle bill
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 27-1003 of the environmental
2 conservation law, as amended by section 2 of part SS of chapter 59 of
3 the laws of 2009, is amended to read as follows:
4 1. "Beverage" means [carbonated soft drinks, water, beer, other malt
5 beverages and a wine product as defined in subdivision thirty-six-a of
6 section three of the alcoholic beverage control law] all carbonated and
7 non-carbonated drinks in liquid form and intended for internal human
8 consumption, including but not limited to water, soft drinks, milk and
9 dairy derived products, sports drinks, teas, juices, and alcoholic
10 beverages. "Malt beverages" means any beverage obtained by the alcoholic
11 fermentation or infusion or decoction of barley, malt, hops, or other
12 wholesome grain or cereal and water including, but not limited to ale,
13 stout, lager or malt liquor. "Water" means any beverage identified
14 through the use of letters, words or symbols on its product label as a
15 type of water, including any flavored water or nutritionally enhanced
16 water, [provided, however, that "water" does not include any beverage
17 identified as a type of water to which a sugar has been added] or any
18 beverage identified as a type of water to which a sugar has been added.
19 "Milk" means whole milk, skim milk, low-fat milk, cream, cultured milk,
20 or any combination of those products. The term "dairy derived products"
21 includes any product of which the single largest ingredient is milk,
22 milk fat, or cultured milk. "Sports drinks" means drinks that are mostly
23 water, electrolytes (such as sodium or potassium) and carbohydrates
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13924-04-2
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1 (such as sucrose or fructose). "Teas" means drinks brewed from tea
2 leaves which may or may not include sweeteners and other flavors. "Juic-
3 es" means drinks which the main ingredient is the juice from fruits
4 and/or vegetables. "Alcoholic beverages" means beer and other malt
5 beverages, liquors, spirits, wines, wine products, and ciders, as
6 defined in subdivisions three, nineteen, twenty-nine, thirty-six, thir-
7 ty-six-a, and paragraph (a) of subdivision seven-b of section three of
8 the alcoholic beverage control law, respectively. The term "beverage"
9 shall not include:
10 a. infant formula;
11 b. a liquid that is a syrup, in a concentrated form, or typically
12 added as a minor flavoring ingredient in food or drink, such as
13 extracts, cooking additives, sauces or condiments;
14 c. a liquid that is ingested in very small quantities and that is
15 consumed for medicinal purposes only;
16 d. products frozen at the time of sale;
17 e. products designed to be consumed in a frozen state;
18 f. instant drink powders;
19 g. seafood, meat or vegetable broths or soups; and
20 h. yogurt products.
21 § 2. Section 27-1005 of the environmental conservation law, as added
22 by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
23 read as follows:
24 § 27-1005. Refund value.
25 No person shall sell or offer for sale a beverage container in this
26 state unless the deposit on such beverage container is or has been
27 collected by a registered deposit initiator and unless such container
28 has a refund value of not less than [five] ten cents which is clearly
29 indicated thereon as provided in section 27-1011 of this title.
30 § 3. Paragraph a of subdivision 4 of section 27-1012 of the environ-
31 mental conservation law, as added by section 8 of part SS of chapter 59
32 of the laws of 2009, is amended to read as follows:
33 a. Quarterly payments. An amount equal to [eighty] ninety percent of
34 the balance outstanding in [the] a deposit initiator's refund value
35 account at the close of each quarter shall be paid to the commissioner
36 of taxation and finance at the time the report provided for in subdivi-
37 sion three of this section is required to be filed. The commissioner of
38 taxation and finance may require that the payments be made electron-
39 ically. The remaining [twenty] ten percent of the balance outstanding at
40 the close of each quarter shall be the monies of the deposit initiator
41 and may be withdrawn from such account by the deposit initiator. If the
42 provisions of this section with respect to such account have not been
43 fully complied with, each deposit initiator shall pay to such commis-
44 sioner at such time, in lieu of the amount described in the preceding
45 sentence, an amount equal to the balance which would have been outstand-
46 ing on such date had such provisions been fully complied with. The
47 commissioner of taxation and finance may require that the payments be
48 made electronically.
49 § 4. Subdivision 5 of section 27-1012 of the environmental conserva-
50 tion law, as amended by section 2 of part JJ of chapter 58 of the laws
51 of 2017, is amended to read as follows:
52 5. All moneys collected or received by the department of taxation and
53 finance pursuant to this title shall be deposited to the credit of the
54 comptroller with such responsible banks, banking houses or trust compa-
55 nies as may be designated by the comptroller. Such deposits shall be
56 kept separate and apart from all other moneys in the possession of the
A. 8668--A 3
1 comptroller. The comptroller shall require adequate security from all
2 such depositories. Of the total revenue collected, the comptroller shall
3 retain the amount determined by the commissioner of taxation and finance
4 to be necessary for refunds out of which the comptroller must pay any
5 refunds to which a deposit initiator may be entitled. After reserving
6 the amount to pay refunds, the comptroller must, by the tenth day of
7 each month, pay into the state treasury to the credit of the general
8 fund the revenue deposited under this subdivision during the preceding
9 calendar month and remaining to the comptroller's credit on the last day
10 of that preceding month[; provided, however, that, beginning April
11 first, two thousand thirteen, nineteen million dollars, and all fiscal
12 years thereafter, twenty-three million dollars plus all funds received
13 from the payments due each fiscal year pursuant to subdivision four of
14 this section in excess of the greater of the amount received from April
15 first, two thousand twelve through March thirty-first, two thousand
16 thirteen or one hundred twenty-two million two hundred thousand
17 dollars]; provided, however, that at the beginning of the quarterly
18 period next succeeding the effective date of a chapter of the laws of
19 two thousand twenty-two that amended this subdivision:
20 (a) fifty percent of revenue deposited under this subdivision, shall
21 be deposited to the credit of the environmental protection fund, estab-
22 lished pursuant to section ninety-two-s of the state finance law; and
23 (b) five and one-half percent of revenue deposited under this subdivi-
24 sion shall be distributed to registered redemption centers on a quarter-
25 ly basis, in a manner prescribed by the comptroller.
26 § 5. This act shall take effect on the first of January next succeed-
27 ing the date on which it shall have become a law. Effective immediately,
28 the addition, amendment and/or repeal of any rule or regulation neces-
29 sary for the implementation of this act on its effective date are
30 authorized to be made and completed on or before such effective date.
