Bill Text: NY S06869 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Increases the handling fee paid by deposit initiators to dealers or operators of a redemption center from 3.5 cents to 4.5 cents.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2024-06-04 - PRINT NUMBER 6869B [S06869 Detail]

Download: New_York-2023-S06869-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6869--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 12, 2023
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- recommitted to  the  Committee  on  Environmental  Conservation  in
          accordance  with  Senate  Rule 6, sec. 8 -- 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
          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10766-05-4
        S. 6869--A                          2

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