Bill Text: NY A10489 | 2009-2010 | General Assembly | Introduced
Bill Title: Imposes a refundable deposit on wine and liquor containers; provides that unredeemed deposits thereon be deposited into the environmental protection fund and the state park infrastructure fund.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2010-04-02 - referred to environmental conservation [A10489 Detail]
Download: New_York-2009-A10489-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10489 I N A S S E M B L Y April 2, 2010 ___________ Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to establishing a refundable deposit on wine and liquor containers; and to amend the environmental conservation law and the state finance law, in relation to the deposit of unredeemed deposits thereon into the environmental protection fund and the state park infrastructure fund 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 6 of section three of the alcoholic beverage control law, WINE AS DEFINED 7 IN SUBDIVISION THIRTY-SIX OF SECTION THREE OF THE ALCOHOLIC BEVERAGE 8 CONTROL LAW, AND LIQUOR AS DEFINED IN SUBDIVISION NINETEEN OF SECTION 9 THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW. "Malt beverages" means any 10 beverage obtained by the alcoholic fermentation or infusion or decoction 11 of barley, malt, hops, or other wholesome grain or cereal and water 12 including, but not limited to ale, stout or malt liquor. "Water" means 13 any beverage identified through the use of letters, words or symbols on 14 its product label as a type of water, including any flavored water or 15 nutritionally enhanced water, provided, however, that "water" does not 16 include any beverage identified as a type of water to which a sugar has 17 been added. 18 S 2. Subdivision 5 of section 27-1012 of the environmental conserva- 19 tion law, as added by section 8 of part SS of chapter 59 of the laws of 20 2009, is amended to read as follows: 21 5. All monies collected or received by the department of taxation and 22 finance pursuant to this title shall be deposited to the credit of the 23 comptroller with such responsible banks, banking houses or trust compa- 24 nies as may be designated by the comptroller. Such deposits shall be 25 kept separate and apart from all other moneys in the possession of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16566-01-0 A. 10489 2 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 THE COMPTROLLER SHALL 11 DEPOSIT ALL REVENUE DERIVED FROM WINE AND LIQUOR CONTAINERS IN EQUAL 12 PORTIONS IN THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED BY SECTION 13 NINETY-TWO-S OF THE STATE FINANCE LAW AND THE STATE PARK INFRASTRUCTURE 14 FUND ESTABLISHED BY SECTION NINETY-SEVEN-MM OF THE STATE FINANCE LAW, AS 15 ADDED BY CHAPTER FIFTY-FIVE OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO. 16 S 3. Subdivision 3 of section 92-s of the state finance law, as 17 amended by section 2 of part T of chapter 59 of the laws of 2009, is 18 amended to read as follows: 19 3. Such fund shall consist of the amount of revenue collected within 20 the state from the amount of revenue, interest and penalties deposited 21 pursuant to section fourteen hundred twenty-one of the tax law, the 22 amount of fees and penalties received from easements or leases pursuant 23 to subdivision fourteen of section seventy-five of the public lands law 24 and the money received as annual service charges pursuant to section 25 four hundred four-l of the vehicle and traffic law, ALL MONEYS REQUIRED 26 TO BE DEPOSITED THEREIN PURSUANT TO SUBDIVISION FIVE OF SECTION 27-1012 27 OF THE ENVIRONMENTAL CONSERVATION LAW, all moneys required to be depos- 28 ited therein from the contingency reserve fund pursuant to section two 29 hundred ninety-four of chapter fifty-seven of the laws of nineteen 30 hundred ninety-three, all moneys required to be deposited pursuant to 31 section thirteen of chapter six hundred ten of the laws of nineteen 32 hundred ninety-three, repayments of loans made pursuant to section 33 54-0511 of the environmental conservation law, all moneys to be deposit- 34 ed from the Northville settlement pursuant to section one hundred twen- 35 ty-four of chapter three hundred nine of the laws of nineteen hundred 36 ninety-six, provided however, that such moneys shall only be used for 37 the cost of the purchase of private lands in the core area of the 38 central Suffolk pine barrens pursuant to a consent order with the North- 39 ville industries signed on October thirteenth, nineteen hundred ninety- 40 four and the related resource restoration and replacement plan, the 41 amount of penalties required to be deposited therein by section 71-2724 42 of the environmental conservation law, all moneys required to be depos- 43 ited pursuant to article thirty-three of the environmental conservation 44 law, all fees collected pursuant to subdivision eight of section 70-0117 45 of the environmental conservation law, [as added by a chapter of the 46 laws of two thousand nine,] all moneys collected pursuant to title thir- 47 ty-three of article fifteen of the environmental conservation law[, as 48 added by a chapter of the laws of two thousand nine] and all other 49 moneys credited or transferred thereto from any other fund or source 50 pursuant to law. All such revenue shall be initially deposited into the 51 environmental protection fund, for application as provided in subdivi- 52 sion five of this section. 53 S 4. Subdivision 2 of section 97-mm of the state finance law, as added 54 by chapter 55 of the laws of 1992, is amended to read as follows: 55 2. Such fund shall consist of: (a) revenues received by the state 56 pursuant to section 13.15 and subdivisions two, two-a and two-b of A. 10489 3 1 section 3.09 of the parks, recreation and historic preservation law 2 except those revenues required for the support of the patron services 3 account in the miscellaneous special revenue fund pursuant to appropri- 4 ation by the legislature; (b) all revenues received by the state pursu- 5 ant to section 13.16 of the parks, recreation and historic preservation 6 law; (c) all revenues received by the state pursuant to contracts, leas- 7 es, licenses and easements entered into by or with the consent of the 8 commissioner of parks, recreation and historic preservation pursuant to 9 section 13.06 of the parks, recreation and historic preservation law; 10 (D) ALL MONEYS REQUIRED TO BE DEPOSITED THEREIN PURSUANT TO SUBDIVISION 11 FIVE OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW; and [(d)] 12 (E) all other moneys credited or appropriated for transfer thereto from 13 any other fund or source according to law. 14 S 5. This act shall take effect on the first of January next succeed- 15 ing the date on which it shall have become a law.