Bill Text: NY A07557 | 2023-2024 | General Assembly | Amended


Bill Title: Requires the comptroller to retain, from revenues collected from unclaimed bottles, an amount equal to 2% of the total revenues collected in the prior calendar year, for use towards expanding and creating bottle redemption centers under the beverage container assistance program; increases the handling fee paid by deposit initiators to dealers or operators of a redemption center from 3.5 cents to 5 cents.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-03-20 - print number 7557a [A07557 Detail]

Download: New_York-2023-A07557-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7557--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced  by  M.  of  A.  GLICK,  McDONALD,  WOERNER  -- read once and
          referred to the Committee on Environmental Conservation -- recommitted
          to the Committee on  Environmental  Conservation  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          retention and use of  funds  for  the  beverage  container  assistance
          program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 5  of  section  27-1012  of  the  environmental
     2  conservation  law,  as  amended by section 2 of part JJ of chapter 58 of
     3  the laws of 2017, is amended to read as follows:
     4    5. All moneys collected or received by the department of taxation  and
     5  finance  pursuant  to this title shall be deposited to the credit of the
     6  comptroller with such responsible banks, banking houses or trust  compa-
     7  nies  as  may  be  designated by the comptroller. Such deposits shall be
     8  kept separate and apart from all other moneys in the possession  of  the
     9  comptroller.  The  comptroller  shall require adequate security from all
    10  such depositories. Of the total revenue collected, the comptroller shall
    11  retain the amount determined by the commissioner of taxation and finance
    12  to be necessary for refunds out of which the comptroller  must  pay  any
    13  refunds  to  which  a  deposit initiator may be entitled.   Of the total
    14  revenue collected, the comptroller shall retain an amount equal  to  two
    15  percent  of  the  total of such revenues collected in the prior calendar
    16  year, to be distributed to the commissioner, as needed,  for  use  under
    17  the beverage container assistance program pursuant to section 27-1018 of
    18  this  title. After reserving the [amount] amounts to pay refunds and for
    19  use under the beverage container  assistance  program,  the  comptroller
    20  must, by the tenth day of each month, pay into the state treasury to the
    21  credit  of the general fund the revenue deposited under this subdivision

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10766-06-4

        A. 7557--A                          2

     1  during the preceding calendar month and remaining to  the  comptroller's
     2  credit on the last day of that preceding month; provided, however, that,
     3  beginning  April first, two thousand thirteen, nineteen million dollars,
     4  and  all  fiscal years thereafter, twenty-three million dollars plus all
     5  funds received from the payments due each fiscal year pursuant to subdi-
     6  vision four of this section in excess  of  the  greater  of  the  amount
     7  received  from  April  first,  two thousand twelve through March thirty-
     8  first, two thousand thirteen  or  one  hundred  twenty-two  million  two
     9  hundred  thousand dollars, shall be deposited to the credit of the envi-
    10  ronmental protection fund established pursuant to  section  ninety-two-s
    11  of the state finance law.
    12    §  2.  Section 27-1018 of the environmental conservation law, as added
    13  by section 13 of part SS of chapter 59 of the laws of 2009,  is  amended
    14  to read as follows:
    15  § 27-1018. Beverage container assistance program.
    16    Notwithstanding any other provision of law to the contrary, within the
    17  amounts retained by the comptroller for use under the beverage container
    18  assistance  program  pursuant  to subdivision five of section 27-1012 of
    19  this title, and within  the  limits  of  any  additional  appropriations
    20  therefor, the commissioner shall make state assistance payments to muni-
    21  cipalities,  businesses  and not-for-profit organizations located in the
    22  state, upon request or otherwise  pursuant  to  the  discretion  of  the
    23  commissioner,  for the cost of reverse vending machines located or to be
    24  located in the state. Such state assistance payments  shall  not  exceed
    25  fifty  percent  of the costs of equipment, and/or the acquisition and/or
    26  rehabilitation of real property or structures located or to  be  located
    27  in  the state related to the collecting, sorting, and packaging of empty
    28  beverage containers subject  to  the  provisions  of  this  title.  Such
    29  payments  may  include  costs related to the establishment of redemption
    30  centers, including mobile redemption centers. For the purposes  of  this
    31  section,  municipalities and not-for-profit organizations shall have the
    32  meaning as defined in section 54-0101 of  this  chapter  and  businesses
    33  shall mean a dealer, distributor or redemption center as defined in this
    34  title [that employs less than fifty employees].
    35    §  3.  Subdivision 6 of section 27-1007 of the environmental conserva-
    36  tion law, as added by section 4 of part SS of chapter 59 of the laws  of
    37  2009, is amended to read as follows:
    38    6.  In  addition to the refund value of a beverage container as estab-
    39  lished by section 27-1005 of this title, a deposit initiator  shall  pay
    40  to  any  dealer  or  operator  of  a redemption center a handling fee of
    41  [three and one-half] five cents for each beverage container accepted  by
    42  the  deposit  initiator  from  such  dealer  or operator of a redemption
    43  center.   Payment of the handling  fee  shall  be  as  compensation  for
    44  collecting,  sorting  and  packaging  of  empty  beverage containers for
    45  transport back to the deposit initiator or its designee. Payment of  the
    46  handling  fee  may  not  be  conditioned on the purchase of any goods or
    47  services, nor may such payment be made out of the refund  value  account
    48  established pursuant to section 27-1012 of this title. A distributor who
    49  does not initiate deposits on a type of beverage container is considered
    50  a dealer only for the purpose of receiving a handling fee from a deposit
    51  initiator.
    52    § 4. This act shall take effect immediately.
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