S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1936
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. ENGLEBRIGHT, COLTON -- Multi-Sponsored by -- M.
         of A. CLARK, CYMBROWITZ, DINOWITZ, GOTTFRIED -- read once and referred
         to the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         litter control
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivisions 1 and 2 of section 27-1003  of  the  environ-
    2  mental  conservation  law, as amended by section 2 of part SS of chapter
    3  59 of the laws of 2009, are amended to read as follows:
    4    1. "Beverage" means carbonated soft drinks,  FRUIT  JUICES,  ICED  TEA
    5  BEVERAGES, MILK, water, beer, other malt beverages, WINE, LIQUOR and [a]
    6  wine  [product]  PRODUCTS  as  defined  in  subdivision  thirty-six-a of
    7  section three of the alcoholic beverage control  law.  "Malt  beverages"
    8  means any beverage obtained by the alcoholic fermentation or infusion or
    9  decoction  of barley, malt, hops, or other wholesome grain or cereal and
   10  water including, but not limited to ale, stout or malt  liquor.  "Water"
   11  means  any  beverage  identified  through  the  use of letters, words or
   12  symbols on its product label as a type of water, including any  flavored
   13  water  or  nutritionally enhanced water, provided, however, that "water"
   14  does not include any beverage identified as a type of water to  which  a
   15  sugar has been added.
   16    2.  "Beverage container" means the individual, separate, sealed glass,
   17  metal, aluminum, steel or plastic bottle, can or jar used for containing
   18  less than one gallon or 3.78 liters at the time of  sale  or  offer  for
   19  sale  of  a  beverage  intended for use or consumption in this state AND
   20  WHICH IS REFILLABLE WITH A CAPACITY TO BE REFILLED AND RESOLD  NOT  LESS
   21  THAN TWENTY-FIVE TIMES.  Beverage containers sold or offered for sale or
   22  distributed aboard aircraft or ships shall be considered as intended for
   23  use or consumption outside this state.
   24    S 2. This act shall take effect January 1, 2014.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05415-01-3