NY State Senate Bill 2009-S5621

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2010	print number 5621c
Jan 22, 2010	amend and recommit to environmental conservation
Jan 06, 2010	referred to environmental conservation
Jun 04, 2009	print number 5621b
Jun 04, 2009	amend and recommit to environmental conservation
May 28, 2009	print number 5621a
May 28, 2009	amend and recommit to environmental conservation
May 22, 2009	referred to environmental conservation

Bill Amendments

Original

C (Active)

2009-S5621 - Details

Current Committee:: Senate Environmental Conservation
Laws Affected:: Amd §§27-1007 & 27-1012, En Con L

2009-S5621 - Summary

Relates to the collection and recycling of beverage containers.

2009-S5621 - Sponsor Memo

                                 BILL NUMBER:  S5621

 TITLE OF BILL :
An act to amend the environmental conservation law and part SS of
chapter 59 of the laws of 2009 amending the environmental conservation
law and the economic development law relating to including additional
beverage containers and providing for the return of unclaimed deposits
on beverage containers to the state for deposit into the environmental
protection fund, in relation to the collection and recycling of
beverage containers


 PURPOSE :
To amend various sections of Part SS of S59B/A59B to recognize the
impact of current law on those involved in the state mandated beverage
redemption system.

 SUMMARY OF PROVISIONS :
Section 1 amends the definition of beverage;

Section 2 adds a new definition of bottled water;

Section 3 makes changes to current law to modify deposit initiator's,
redemption center's and dealer's responsibilities in the redemption
system;

Section 4 eliminates the "refund value account" mandates and replaces
it with a new reporting requirement to the Department of Taxation and
Finance;

Section 5 changes the various effective dates in the new statute to
October 1, 2009.

 EXISTING LAW :
Chapter 59 of the laws of 2009 expanded the New York beverage control
law to, among other things, expand to water increase the handling fee
and confiscate deposit initiators unredeemed deposits.

 JUSTIFICATION :
The recent changes to New York's beverage container law failed to
recognize the real world realities that the beverage industry must
face to comply with the new mandates placed upon it.

This legislation makes various modifications to the new law by making
it easier and more practical for the industry to comply with while at
the same time making it more affordable, thus helping to protect the
significant work force the beverage industry employs.

This measure will state a balance between protecting our environment
while also helping to preserve the careers of those that make this
system work.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None to the state.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that sections three
and four of this act shall take effect on the same date and in the
same manner as part 55 of chapter 59 of the laws of 2009, takes
effect.

2009-S5621 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5621

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 22, 2009
                               ___________

Introduced by Sens. KLEIN, C. JOHNSON, SAVINO, STACHOWSKI, FOLEY -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and part SS of  chap-
  ter 59 of the laws of 2009 amending the environmental conservation law
  and  the  economic  development  law  relating to including additional
  beverage containers and providing for the return of unclaimed deposits
  on beverage containers to the state for deposit into the environmental
  protection fund, in relation to the collection and recycling of bever-
  age containers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  27-1003 of the environmental
conservation law, as amended by section 2 of part SS of  chapter  59  of
the laws of 2009, is amended to read as follows:
  1.  "Beverage"  means carbonated soft drinks, water, SODA WATER, beer,
other malt beverages and [a]  wine  [product]  PRODUCTS  as  defined  in
subdivision  thirty-six-a  of  section  three  of the alcoholic beverage
control law AND BOTTLED WATER AS DEFINED IN SUBDIVISION FOURTEEN OF THIS
SECTION.  "Malt beverages" means any beverage obtained by the  alcoholic
fermentation  or  infusion  or decoction of barley, malt, hops, or other
wholesome grain or cereal and water including, but not limited  to  ale,
stout or malt liquor. ["Water" means any beverage identified through the
use  of  letters,  words  or  symbols  on its product label as a type of
water, including any flavored water  or  nutritionally  enhanced  water,
provided, however, that "water" does not include any beverage identified
as a type of water to which a sugar has been added.]
  S  2. Section 27-1003 of the environmental conservation law is amended
by adding two new subdivisions 14 and 15 to read as follows:
  14. "BOTTLED WATER" SHALL MEAN ANY PRODUCT, INCLUDING  NATURAL  SPRING
OR  WELL  WATER TAKEN FROM MUNICIPAL OR PRIVATE UTILITY SYSTEMS OR OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14047-01-9

S. 5621                             2

WATER, DISTILLED WATER, DE-IONIZED WATER,  WHICH  ARE  PUT  INTO  SEALED
BOTTLES, PACKAGES, OR OTHER CONTAINERS, TO BE SOLD FOR DOMESTIC CONSUMP-
TION  OR  CULINARY  USE,  INVOLVING  A  LIKELIHOOD  OF SUCH WATERS BEING
INGESTED  BY HUMAN BEINGS AND SUBJECT TO SECTION TWO HUNDRED TWENTY-FIVE
OF THE PUBLIC HEALTH LAW.   BOTTLED WATER SHALL NOT  INCLUDE  A  BOTTLED
WATER BEVERAGE AS DEFINED IN SUBDIVISION FIFTEEN OF THIS SECTION.
  15.  "BOTTLED  WATER BEVERAGE" IS ANY NON-CARBONATED BEVERAGE INTENDED
FOR HUMAN CONSUMPTION THAT CONTAINS ADDED INGREDIENTS SUCH  AS  FLAVORS,
COLORINGS,  OR SWEETENERS THAT PRECLUDE SUCH BEVERAGE FROM BEING LABELED
AS OR PROPERTY CATEGORIZED AS BOTTLED WATER AS  DEFINED  IN  SUBDIVISION
FOURTEEN OF THIS SECTION.
  S  3.  Subdivisions  5,  6, 7 and 8 of section 27-1007 of the environ-
mental conservation law, as added by section 4 of part SS of chapter  59
of  the  laws  of 2009, are amended and a new subdivision 12 is added to
read as follows:
  5. A deposit initiator's or distributor's failure  to  pick  up  empty
beverage  containers[, including containers processed in a reverse vend-
ing machine,] from a redemption center, dealer  or  the  operator  of  a
reverse vending machine, shall be a violation of this title.
  6.  In  addition to the refund value of a beverage container as estab-
lished by section 27-1005 of this title, a deposit initiator  shall  pay
to any dealer or operator of a redemption center a handling fee of three
and  one-half  cents for each beverage container accepted by the deposit
initiator from such dealer or operator of a redemption center.  A DEPOS-
IT INITIATOR SHALL PAY TO ANY DEALER OR OPERATOR OF A RECYCLING CENTER A
HANDLING FEE OF TWO CENTS FOR EACH  BEVERAGE  CONTAINER  REDEEMED  BY  A
DEALER  OR  OPERATOR  OF  A  REDEMPTION CENTER THROUGH A REVERSE VENDING
MACHINE. Payment of the  handling  fee  shall  be  as  compensation  for
collecting,  sorting, SEPARATING PLASTIC CONTAINERS FROM GLASS AND SEPA-
RATING GLASS CONTAINERS  BY  COLOR,  and  packaging  of  empty  beverage
containers  for transport back to the deposit initiator or its designee.
Payment of the handling fee may not be conditioned on  the  purchase  of
any  goods  or  services, nor may such payment be made out of the refund
value account established pursuant to section 27-1012 of this  title.  A
distributor  who  does  not  initiate  deposits  on  a  type of beverage
container is considered a dealer only for the  purpose  of  receiving  a
handling fee from a deposit initiator.
  7.  A deposit initiator on a brand shall accept from a distributor who
does not initiate deposits on that brand any empty  beverage  containers
of that brand accepted by the distributor from a dealer or operator of a
redemption  center  and shall reimburse the distributor the refund value
of each such beverage container, as established by  section  27-1005  of
this  title.  In  addition,  the  deposit initiator shall reimburse such
distributor for each such beverage container  the  handling  fee  estab-
lished  under  subdivision  six  of  this section. [Without limiting the
rights of the department or any person, firm or corporation  under  this
subdivision  or any other provision of this section, a distributor shall
have a civil right of action to  enforce  this  subdivision,  including,
upon three days notice, the right to apply for temporary and preliminary
injunctive  relief against continuing violations, and until arrangements
for collection and return of empty containers or reimbursement  of  such
distributor for such deposits and handling fees are made.]
  8.  [It  shall  be  the  responsibility  of  the  deposit initiator or
distributor to provide to a dealer or  redemption  center  a  sufficient
number  of  bags, cartons, or other suitable containers, at no cost, for
the packaging, handling and pickup of empty beverage containers that are

S. 5621                             3

not redeemed through a reverse vending machine. The  bags,  cartons,  or
containers must be provided by the deposit initiator or distributor on a
schedule  that allows the dealer or redemption center sufficient time to
sort  the  empty  beverage  containers  prior  to pick up by the deposit
initiator or distributor. In addition:]
  (a) [When picking up empty beverage containers, a deposit initiator or
distributor shall not require a dealer  or  redemption  center  to  load
their  own  bags,  cartons or containers onto or into the deposit initi-
ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
equipment needed to do so.
  (b)]  A  deposit  initiator  or  distributor  shall  not require empty
containers to be counted at a location other than the redemption  center
or  dealer's  place  of  business. The dealer or redemption center shall
have the right to be present at the count.
  [(c)] (B) A deposit initiator  or  distributor  shall  pick  up  empty
beverage  containers  from the dealer or redemption center at reasonable
times and intervals as determined in rules or regulations promulgated by
the department.
  12. NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION TO THE  CONTRA-
RY,  WITH  RESPECT  TO  EMPTY  BEVERAGE  CONTAINERS OF BEVERAGES SOLD OR
CONSUMED ON-PREMISES OR AT  OUTDOOR  OR  INDOOR  GATHERINGS,  FUNCTIONS,
OCCASIONS  OR  EVENTS, NO HANDLING FEE SHALL BE PAYABLE TO ANY DISTRIBU-
TOR, DEALER OR OPERATOR OF A REDEMPTION CENTER.
  S 4. Section 27-1012 of the environmental conservation law,  as  added
by section 8 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1012. [Deposit  and  disposition]  DISPOSITION  of  refund  values;
              registration; reports.
  1. [Each deposit initiator shall deposit in a refund value account  an
amount equal to the refund value initiated under section 27-1005 of this
title  which is received with respect to each beverage container sold by
such deposit initiator. Such deposit initiator shall hold the amounts in
the refund value account in trust for the state. A refund value  account
shall  be  an interest-bearing account established in a banking institu-
tion located in this state, the deposits in  which  are  insured  by  an
agency  of  the  federal  government.  Deposits of such amounts into the
refund value account shall be made not less frequently than  every  five
business  days. All interest, dividends and returns earned on the refund
value account shall be paid directly into said account.  The  monies  in
such  accounts shall be kept separate and apart from all other monies in
the possession of the deposit initiator. The  commissioner  of  taxation
and  finance  may  specify  a system of accounts and records to be main-
tained with respect to accounts established under this subdivision.
  2. Payments of refund values pursuant to section 27-1007 of this title
shall be paid from each deposit initiator's  refund  value  account.  No
other  payment  or  withdrawal  from  such account may be made except as
prescribed by this section.
  3.] Each deposit initiator  shall  file  quarterly  reports  with  the
commissioner  of  taxation  and  finance  on  a  form  and in the manner
prescribed by  such  commissioner.  The  commissioner  of  taxation  and
finance  may  require such reports to be filed electronically. The quar-
terly reports required by this subdivision shall be filed for the  quar-
terly periods ending on the last day of May, August, November and Febru-
ary of each year, and each such report shall be filed within twenty days
after  the end of the quarterly period covered thereby. Each such report

S. 5621                             4

shall include all information such commissioner shall  determine  appro-
priate including but not limited to the following information:
  a.  [the  balance  in the refund value account at the beginning of the
quarter for which the report is prepared;
  b. all such deposits credited to the  refund  value  account  and  all
interest,  dividends  or  returns  received on such account, during such
quarter;
  c. all withdrawals from the refund value account during such  quarter,
including  all  reimbursements  paid pursuant to subdivision two of this
section, all service charges on  the  account,  and  all  payments  made
pursuant to subdivision four of this section; and
  d.  the balance in the refund value account at the close of such quar-
ter.]
  THE NUMBER OF CONTAINERS REQUIRED TO HAVE A REFUND VALUE SOLD  BY  THE
DEPOSIT INITIATOR DURING THE QUARTERLY PERIOD;
  B.  THE  NUMBER OF CONTAINERS THAT WERE REDEEMED BY THE DEPOSIT INITI-
ATOR DURING THE QUARTERLY PERIOD;
  C. THE NUMBER OF CONTAINERS THAT WERE UNREDEEMED BY THE DEPOSIT INITI-
ATOR DURING THE QUARTERLY PERIOD; AND
  D. THE AMOUNTS PAID TO  ANY  DISTRIBUTOR,  DEALER  OR  OPERATOR  OF  A
REDEMPTION CENTER FOR HANDLING FEES DURING THE QUARTER.
  [4.] 2. a. Quarterly payments. [An] PAYMENTS OF REFUND VALUES PURSUANT
TO  SECTION  27-1007 OF THIS TITLE, IN AN amount equal to eighty percent
of the [balance outstanding in  the  refund  value  account]  UNREDEEMED
DEPOSITS  HELD BY A DEPOSIT INITIATOR at the close of each quarter shall
be paid to the commissioner of taxation and  finance  at  the  time  the
report  provided  for  in  subdivision  [three]  ONE  of this section is
required to be filed. The  commissioner  of  taxation  and  finance  may
require  that  the payments be made electronically. The remaining twenty
percent of the balance outstanding at the close of each quarter shall be
the monies of the deposit initiator [and  may  be  withdrawn  from  such
account  by  the  deposit  initiator]. If the provisions of this section
with respect to such account have not been  fully  complied  with,  each
deposit  initiator  shall pay to such commissioner at such time, in lieu
of the amount described in the preceding sentence, an  amount  equal  to
the  balance  which  would  have  been outstanding on such date had such
provisions been fully complied with. The commissioner  of  taxation  and
finance may require that the payments be made electronically.
  b.  [Refund  value account shortfall] OVER REDEMPTION.  In the event a
deposit initiator pays out more in refund values  than  it  collects  in
deposits  of  refund  values  during the course of a quarterly period as
described in subdivision [three] ONE of this section, the deposit initi-
ator may apply to the commissioner of taxation and finance for a  refund
of  the  amount  of  such  excess payment of refund values [from sources
other than the refund value account], in the manner as provided  by  the
commissioner of taxation and finance. A deposit initiator must apply for
a  refund  no later than twelve months after the due date for filing the
quarterly report for the quarterly period for which the refund claim  is
made.  No interest shall be payable for any refund paid pursuant to this
paragraph.
  c. Final report. A deposit initiator who ceases to do business in this
state as a deposit initiator shall file a final report and remit payment
of eighty percent of all [amounts remaining in the refund value account]
REFUND VALUES HELD BY THE DEPOSIT INITIATOR  as  of  the  close  of  the
deposit  initiator's  last day of business. The commissioner of taxation
and finance may require that the payments be  made  electronically.  The

S. 5621                             5

deposit  initiator  shall  indicate  on  the  report that it is a "final
report". The final report is due to be filed with  payment  twenty  days
after  the  close of the quarterly period in which the deposit initiator
ceases  to do business. In the event the deposit initiator pays out more
in refund values than it collects in such final  quarterly  period,  the
deposit  initiator may apply to the commissioner of taxation and finance
for a refund of the amount of such excess payment of refund values [from
sources other than the refund value account,] in the manner as  provided
by the commissioner of taxation and finance.
  [5.] 3. All monies collected or received by the department of taxation
and  finance  pursuant to this title shall be deposited to the credit of
the comptroller with such responsible banks,  banking  houses  or  trust
companies  as  may be designated by the comptroller. Such deposits shall
be kept separate and apart from all other moneys in  the  possession  of
the  comptroller.  The  comptroller shall require adequate security from
all such depositories. Of the total revenue collected,  the  comptroller
shall  retain  the amount determined by the commissioner of taxation and
finance to be necessary for refunds out of which  the  comptroller  must
pay  any  refunds  to  which  a deposit initiator may be entitled. After
reserving the amount to pay refunds, the comptroller must, by the  tenth
day  of  each  month,  pay  into the state treasury to the credit of the
general fund the revenue deposited under  this  subdivision  during  the
preceding  calendar  month  and remaining to the comptroller's credit on
the last day of that preceding month.
  [6.] 4. The commissioner and the commissioner of taxation and  finance
shall  promulgate,  and  shall  consult each other in promulgating, such
rules and regulations as may be necessary to effectuate the purposes  of
this  title.  The  commissioner  and  the  commissioner  of taxation and
finance shall provide all necessary aid and assistance  to  each  other,
including  the  sharing  of  any  information that is necessary to their
respective administration and enforcement responsibilities  pursuant  to
the provisions of this title.
  [7.  a.]  5.  Any  person  who is a deposit initiator under this title
before April first, two thousand nine, must apply  by  June  first,  two
thousand  nine to the commissioner of taxation and finance for registra-
tion as a deposit initiator. Any person who becomes a deposit  initiator
on  or after April first, two thousand nine shall apply for registration
prior to collecting any deposits  as  such  a  deposit  initiator.  Such
application  shall  be in a form prescribed by the commissioner of taxa-
tion and finance and shall require such information deemed to be  neces-
sary  for proper administration of this title. The commissioner of taxa-
tion and finance may require that applications for registration must  be
submitted electronically. The commissioner of taxation and finance shall
electronically  issue  a deposit initiator registration certificate in a
form prescribed by the  commissioner  of  taxation  and  finance  within
fifteen  days  of  receipt of such application or may take an additional
ten days if the commissioner of taxation and finance deems it  necessary
to  consult  with  the  commissioner  before  issuing  such registration
certificate. A registration certificate issued pursuant to this subdivi-
sion may be issued for a specified term of not less than three years and
shall be subject to renewal in accordance with procedures  specified  by
the  commissioner  of taxation and finance. The commissioner of taxation
and finance shall furnish to the commissioner a complete list of  regis-
tered  deposit  initiators  and  shall  continually  update such list as
warranted. The commissioner shall share any information with the commis-

S. 5621                             6

sioner of taxation and finance that is necessary for the  administration
of this subdivision.
  [b.  The commissioner of taxation and finance shall have the authority
to revoke or refuse to renew any registration issued  pursuant  to  this
subdivision  when  he  or she has determined or has been informed by the
commissioner that any of the provisions of this title or rules and regu-
lations promulgated thereunder have been violated. Such violations shall
include, but not be limited to, the failure to file  quarterly  reports,
the failure to make payments pursuant to this subdivision, the providing
of  false or fraudulent information to either the department of taxation
and finance or the department, or knowingly aiding or  abetting  another
person  in  violating  any  of the provisions of this title. A notice of
proposed revocation or non-renewal shall be given to the deposit  initi-
ator  in the manner prescribed for a notice of deficiency of tax and all
the provisions applicable to a notice of deficiency under article  twen-
ty-seven  of the tax law shall apply to a notice issued pursuant to this
paragraph, insofar as such provisions can be made applicable to a notice
authorized by this paragraph, with such modifications as may  be  neces-
sary  in  order  to  adapt the language of such provisions to the notice
authorized by this paragraph. All such notices issued by the commission-
er of taxation and finance pursuant to this paragraph  shall  contain  a
statement  advising the deposit initiator that the revocation or non-re-
newal of registration may be challenged through a  hearing  process  and
the petition for such a challenge must be filed with the commissioner of
taxation  and  finance within ninety days after such notice is issued. A
deposit initiator whose registration has been so revoked or not  renewed
shall  cease  to do business as a deposit initiator in this state, until
this title has been complied  with  and  a  new  registration  has  been
issued. Any deposit initiator whose registration has been so revoked may
not  apply  for registration for two years from the date such revocation
takes effect.
  8.] 6. The commissioner of taxation and finance may require the  main-
tenance of such [accounts,] records or documents relating to the sale of
beverage  containers,  by  any  deposit initiator, bottler, distributor,
dealer or redemption center as such commissioner  may  deem  appropriate
for the administration of this section. Such commissioner may make exam-
inations,  including  the conduct of facility inspections during regular
business hours, with respect to the  [accounts,]  records  or  documents
required  to  be  maintained  under  this  subdivision. Such [accounts,]
records and documents shall be preserved for a period  of  three  years,
except  that  such  commissioner may consent to their destruction within
that period or may require that they be kept  longer.  Such  [accounts,]
records and documents may be kept within the meaning of this subdivision
when reproduced by any photographic, photostatic, microfilm, micro-card,
miniature  photographic  or  other process which actually reproduces the
original [accounts,] records or documents.
  [9.] 7. a. Any person required to be  registered  under  this  section
who,  without  being  so  registered,  sells or offers for sale beverage
containers in this state, in addition to any other  penalty  imposed  by
this  title, shall be subject to a penalty to be assessed by the commis-
sioner of taxation and finance in an amount not to exceed  five  hundred
dollars  for  the  first  day on which such sales or offers for sale are
made, plus an amount not to exceed five hundred dollars for each  subse-
quent day on which such sales or offers for sale are made, not to exceed
twenty-five thousand dollars in the aggregate.

S. 5621                             7

  b.  Any  deposit initiator who fails to maintain [accounts or] records
pursuant to this section, unless it is shown that such failure  was  due
to  reasonable  cause  and  not due to negligence or willful neglect, in
addition to any other penalty imposed by this title, shall be subject to
a  penalty to be assessed by the commissioner of taxation and finance of
not more than one thousand dollars for each quarter  during  which  such
failure  occurred,  and an additional penalty of not more than one thou-
sand dollars for each quarter such failure continues.
  [10.] 8. The provisions of article twenty-seven of the tax  law  shall
apply  to  the  provisions  of  this title for which the commissioner of
taxation and finance is responsible[,  including  collection  of  refund
value amounts,] in the same manner and with the same force and effect as
if  the language of such article had been incorporated in full into this
section except to the extent that  any  provision  of  such  article  is
either  inconsistent with a provision of this section or is not relevant
to this section as  determined  by  the  commissioner  of  taxation  and
finance.  [Furthermore, for purposes of applying the provisions of arti-
cle twenty-seven of the tax law,  where  the  terms  "tax"  and  "taxes"
appear  in  such  article, such terms shall be construed to mean "refund
value" or "balance in the refund value account".
  11.] 9. If any deposit initiator fails or refuses to file a report  or
furnish  any information requested in writing by the department of taxa-
tion and finance or the  department,  the  department  of  taxation  and
finance  with the assistance of the department may, from any information
in its possession, make an estimate of the deficiency and  collect  such
deficiency from such deposit initiator.
  [12.]  10.  Beginning  on  June first, two thousand [nine each deposit
initiator]  TEN  ALL  SUPPLIERS  AND  MANUFACTURES  shall  register  the
container  label  of any beverage offered for sale in the state on which
it initiates a deposit. Any such registered container label shall bear a
universal product code. Such universal product code shall  be  New  York
state  specific,  in order to identify the beverage container as offered
for sale exclusively in New York state, and as  a  means  of  preventing
illegal redemption of beverage containers purchased out-of-state. Regis-
tration  must  be  on  forms  as  prescribed  by the department and must
include the universal product code for each combination of beverage  and
container  manufactured. The commissioner may require that such forms be
filed electronically. The deposit initiator shall renew a  label  regis-
tration whenever that label is revised by altering the universal product
code  or  whenever the container on which it appears is changed in size,
composition or glass color.
  S 5. Section 16 of part SS of chapter 59 of the laws of 2009  amending
the  environmental  conservation  law  and  the economic development law
relating to including additional beverage containers and  providing  for
the return of unclaimed deposits on beverage containers to the state for
deposit  into  the  environmental protection fund, is amended to read as
follows:
  S 16. This act shall take effect immediately, provided however, that:
  1. sections two and three of this act shall take effect April 1, 2009;
  2. sections four, five, six, seven, nine, and eleven of this act shall
take effect [June] OCTOBER 1, 2009; and
  3. section eight of this act shall take  effect  [on]  April  1,  2009
except  that  the requirements to [make deposits,] file reports and make
[withdrawals and] payments under section 27-1012  of  the  environmental
conservation law, as added by section eight of this act, with respect to
containers  defined as beverage containers prior to April 1, 2009, shall

S. 5621                             8

first apply to the period beginning on  [April]  OCTOBER  15,  2009  and
ending  [May]  DECEMBER 31, 2009, and with respect to all other beverage
containers shall first apply to the period beginning on  [June]  OCTOBER
1,  2009  and  ending [August 31, 2009] DECEMBER 31, 2009, provided that
such other beverage containers will not be required  to  have  a  refund
value  as  required under section 27-1005 of the environmental conserva-
tion law, as added by section four of  this  act  until  June  1,  2009.
However,  no  refunds  shall  be paid to a deposit initiator pursuant to
paragraph b of subdivision [4] 2 of section 27-1012 of the environmental
conservation law, as added by section eight of this act prior  to  March
1, 2010.
  S  6.  This  act shall take effect immediately, provided that sections
three and four of this act shall take effect on the same date and in the
same manner as part SS of chapter 59 of the laws of 2009, takes effect.

2009-S5621A - Details

Current Committee:: Senate Environmental Conservation
Laws Affected:: Amd §§27-1007 & 27-1012, En Con L

2009-S5621A - Summary

Relates to the collection and recycling of beverage containers.

2009-S5621A - Sponsor Memo

                                 BILL NUMBER:  S5621A

 TITLE OF BILL :
An act to amend the environmental conservation law and part SS of
chapter 59 of the laws of 2009 amending the environmental conservation
law and the economic development law relating to including additional
beverage containers and providing for the return of unclaimed deposits
on beverage containers to the state for deposit into the environmental
protection fund, in relation to the collection and recycling of
beverage containers


 PURPOSE :
To amend various sections of Part SS of S59B/A59B to recognize the
impact of current law on those involved in the state mandated beverage
redemption system.

 SUMMARY OF PROVISIONS :
Section 1 amends the definition of beverage;

Section 2 adds a new definition of bottled water;

Section 3 makes changes to current law to modify deposit initiator's,
redemption center's and dealer's responsibilities in the redemption
system;

Section 4 eliminates the "refund value account" mandates and replaces
it with a new reporting requirement to the Department of Taxation and
Finance;

Section 5 changes the various effective dates in the new statute to
October 1, 2009.

 EXISTING LAW :
Chapter 59 of the laws of 2009 expanded the New York beverage control
law to, among other things, expand to water increase the handling fee
and confiscate deposit initiators unredeemed deposits.

 JUSTIFICATION :
The recent changes to New York's beverage container law failed to
recognize the real world realities that the beverage industry must
face to comply with the new mandates placed upon it.  This legislation
makes various modifications to the new law by making it easier and
more practical for the industry to comply with while at the same time
making it more affordable, thus helping to protect the significant
work force the beverage industry employs.  This measure will state a
balance between protecting our environment while also helping to
preserve the careers of those that make this system work.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None to the state.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that sections three
and four of this act shall take effect on the same date and in the
same manner as part 55 of chapter 59 of the laws of 2009, takes
effect.

2009-S5621A - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S5621B - Details

Current Committee:: Senate Environmental Conservation
Laws Affected:: Amd §§27-1007 & 27-1012, En Con L

2009-S5621B - Summary

Relates to the collection and recycling of beverage containers.

2009-S5621B - Sponsor Memo

                                 BILL NUMBER:  S5621B

 TITLE OF BILL :
An act to amend the environmental conservation law and part SS of
chapter 59 of the laws of 2009 amending the environmental conservation
law and the economic development law relating to including additional
beverage containers and providing for the return of unclaimed deposits
on beverage containers to the state for deposit into the environmental
protection fund, in relation to the collection and recycling of
beverage containers


 PURPOSE :
To amend various sections of Part SS of S59B/A59B to recognize the
impact of current law on those involved in the state mandated beverage
redemption system.

 SUMMARY OF PROVISIONS :
Section 1 amends the definition of beverage;

Section 2 adds a new definition of bottled water;

Section 3 makes changes to current law to modify deposit initiator's,
redemption center's and dealer's responsibilities in the redemption
system;

Section 4 eliminates the "refund value account" mandates and replaces
it with a new reporting requirement to the Department of Taxation and
Finance;

Section 5 changes the various effective dates in the new statute to
October 1, 2009.

 EXISTING LAW :
Chapter 59 of the laws of 2009 expanded the New York beverage control
law to, among other things, expand to water increase the handling fee
and confiscate deposit initiators unredeemed deposits.

 JUSTIFICATION :
The recent changes to New York's beverage container law failed to
recognize the real world realities that the beverage industry must
face to comply with the new mandates placed upon it. This legislation
makes various modifications to the new law by making it easier and
more practical for the industry to comply with while at the same time
making it more affordable, thus helping to protect the significant
work force the beverage industry employs. This measure will state a
balance between protecting our environment while also helping to
preserve the careers of those that make this system work.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None to the state.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that sections three
and four of this act shall take effect on the same date and in the
same manner as part 55 of chapter 59 of the laws of 2009, takes
effect.

2009-S5621B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5621--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 22, 2009
                               ___________

Introduced by Sens. KLEIN, C. JOHNSON, SAVINO, STACHOWSKI, FOLEY, AUBER-
  TINE,  VALESKY  -- read twice and ordered printed, and when printed to
  be committed to the Committee on Environmental Conservation -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law and part SS of  chap-
  ter 59 of the laws of 2009 amending the environmental conservation law
  and  the  economic  development  law  relating to including additional
  beverage containers and providing for the return of unclaimed deposits
  on beverage containers to the state for deposit into the environmental
  protection fund, in relation to the collection and recycling of bever-
  age containers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  27-1003 of the environmental
conservation law, as amended by section 2 of part SS of  chapter  59  of
the laws of 2009, is amended to read as follows:
  1.  "Beverage"  means carbonated soft drinks, water, SODA WATER, beer,
other malt beverages and [a]  wine  [product]  PRODUCTS  as  defined  in
subdivision  thirty-six-a  of  section  three  of the alcoholic beverage
control law AND BOTTLED WATER AS DEFINED IN SUBDIVISION FOURTEEN OF THIS
SECTION.  "Malt beverages" means any beverage obtained by the  alcoholic
fermentation  or  infusion  or decoction of barley, malt, hops, or other
wholesome grain or cereal and water including, but not limited  to  ale,
stout or malt liquor. ["Water" means any beverage identified through the
use  of  letters,  words  or  symbols  on its product label as a type of
water, including any flavored water  or  nutritionally  enhanced  water,
provided, however, that "water" does not include any beverage identified
as a type of water to which a sugar has been added.]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14047-04-9

S. 5621--B                          2

  S  2. Section 27-1003 of the environmental conservation law is amended
by adding two new subdivisions 14 and 15 to read as follows:
  14.  "BOTTLED  WATER" SHALL MEAN ANY PRODUCT, INCLUDING NATURAL SPRING
OR WELL WATER TAKEN FROM MUNICIPAL OR PRIVATE UTILITY SYSTEMS  OR  OTHER
WATER,  DISTILLED  WATER,  DE-IONIZED  WATER,  WHICH ARE PUT INTO SEALED
BOTTLES, PACKAGES, OR OTHER CONTAINERS, TO BE SOLD FOR DOMESTIC CONSUMP-
TION OR CULINARY USE,  INVOLVING  A  LIKELIHOOD  OF  SUCH  WATERS  BEING
INGESTED  BY HUMAN BEINGS AND SUBJECT TO SECTION TWO HUNDRED TWENTY-FIVE
OF THE PUBLIC HEALTH LAW.   BOTTLED WATER SHALL NOT  INCLUDE  A  BOTTLED
WATER BEVERAGE AS DEFINED IN SUBDIVISION FIFTEEN OF THIS SECTION.
  15.  "BOTTLED  WATER BEVERAGE" IS ANY NON-CARBONATED BEVERAGE INTENDED
FOR HUMAN CONSUMPTION THAT CONTAINS ADDED INGREDIENTS SUCH  AS  FLAVORS,
COLORINGS,  OR SWEETENERS THAT PRECLUDE SUCH BEVERAGE FROM BEING LABELED
AS OR PROPERTY CATEGORIZED AS BOTTLED WATER AS  DEFINED  IN  SUBDIVISION
FOURTEEN OF THIS SECTION.
  S  3.  Subdivisions  5,  6, 7 and 8 of section 27-1007 of the environ-
mental conservation law, as added by section 4 of part SS of chapter  59
of  the  laws  of 2009, are amended and a new subdivision 12 is added to
read as follows:
  5. A deposit initiator's or distributor's failure  to  pick  up  empty
beverage  containers[, including containers processed in a reverse vend-
ing machine,] from a redemption center, dealer  or  the  operator  of  a
reverse vending machine, shall be a violation of this title.
  6.  In  addition to the refund value of a beverage container as estab-
lished by section 27-1005 of this title, a deposit initiator  shall  pay
to any dealer or operator of a redemption center a handling fee of three
and  one-half  cents for each beverage container accepted by the deposit
initiator from such dealer or operator of a redemption center.  A DEPOS-
IT INITIATOR SHALL PAY TO ANY DEALER OR OPERATOR OF A RECYCLING CENTER A
HANDLING FEE OF TWO CENTS FOR EACH  BEVERAGE  CONTAINER  REDEEMED  BY  A
DEALER  OR  OPERATOR  OF  A  REDEMPTION CENTER THROUGH A REVERSE VENDING
MACHINE. Payment of the  handling  fee  shall  be  as  compensation  for
collecting,  sorting, SEPARATING PLASTIC CONTAINERS FROM GLASS AND SEPA-
RATING GLASS CONTAINERS  BY  COLOR,  and  packaging  of  empty  beverage
containers  for transport back to the deposit initiator or its designee.
Payment of the handling fee may not be conditioned on  the  purchase  of
any  goods  or  services, nor may such payment be made out of the refund
value account established pursuant to section 27-1012 of this  title.  A
distributor  who  does  not  initiate  deposits  on  a  type of beverage
container is considered a dealer only for the  purpose  of  receiving  a
handling fee from a deposit initiator.
  7.  A deposit initiator on a brand shall accept from a distributor who
does not initiate deposits on that brand any empty  beverage  containers
of that brand accepted by the distributor from a dealer or operator of a
redemption  center  and shall reimburse the distributor the refund value
of each such beverage container, as established by  section  27-1005  of
this  title.  In  addition,  the  deposit initiator shall reimburse such
distributor for each such beverage container  the  handling  fee  estab-
lished  under  subdivision  six  of  this section. [Without limiting the
rights of the department or any person, firm or corporation  under  this
subdivision  or any other provision of this section, a distributor shall
have a civil right of action to  enforce  this  subdivision,  including,
upon three days notice, the right to apply for temporary and preliminary
injunctive  relief against continuing violations, and until arrangements
for collection and return of empty containers or reimbursement  of  such
distributor for such deposits and handling fees are made.]

S. 5621--B                          3

  8.  [It  shall  be  the  responsibility  of  the  deposit initiator or
distributor to provide to a dealer or  redemption  center  a  sufficient
number  of  bags, cartons, or other suitable containers, at no cost, for
the packaging, handling and pickup of empty beverage containers that are
not  redeemed  through  a reverse vending machine. The bags, cartons, or
containers must be provided by the deposit initiator or distributor on a
schedule that allows the dealer or redemption center sufficient time  to
sort  the  empty  beverage  containers  prior  to pick up by the deposit
initiator or distributor. In addition:]
  (a) [When picking up empty beverage containers, a deposit initiator or
distributor shall not require a dealer  or  redemption  center  to  load
their  own  bags,  cartons or containers onto or into the deposit initi-
ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
equipment needed to do so.
  (b)]  A deposit initiator or distributor [shall not] MAY require empty
containers to be counted at a location other than the redemption  center
or  dealer's  place  of  business. The dealer or redemption center shall
have the right to be present at the count.
  [(c)] (B) A deposit initiator  or  distributor  shall  pick  up  empty
beverage  containers  from the dealer or redemption center at reasonable
times and intervals as determined in rules or regulations promulgated by
the department.
  12. NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION TO THE  CONTRA-
RY,  WITH  RESPECT  TO  EMPTY  BEVERAGE  CONTAINERS OF BEVERAGES SOLD OR
CONSUMED ON-PREMISES OR AT  OUTDOOR  OR  INDOOR  GATHERINGS,  FUNCTIONS,
OCCASIONS  OR  EVENTS, NO HANDLING FEE SHALL BE PAYABLE TO ANY DISTRIBU-
TOR, DEALER OR OPERATOR OF A REDEMPTION CENTER.
  S 4. Section 27-1012 of the environmental conservation law,  as  added
by section 8 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1012. [Deposit  and  disposition]  DISPOSITION  of  refund  values;
              registration; reports.
  1. [Each deposit initiator shall deposit in a refund value account  an
amount equal to the refund value initiated under section 27-1005 of this
title  which is received with respect to each beverage container sold by
such deposit initiator. Such deposit initiator shall hold the amounts in
the refund value account in trust for the state. A refund value  account
shall  be  an interest-bearing account established in a banking institu-
tion located in this state, the deposits in  which  are  insured  by  an
agency  of  the  federal  government.  Deposits of such amounts into the
refund value account shall be made not less frequently than  every  five
business  days. All interest, dividends and returns earned on the refund
value account shall be paid directly into said account.  The  monies  in
such  accounts shall be kept separate and apart from all other monies in
the possession of the deposit initiator. The  commissioner  of  taxation
and  finance  may  specify  a system of accounts and records to be main-
tained with respect to accounts established under this subdivision.
  2. Payments of refund values pursuant to section 27-1007 of this title
shall be paid from each deposit initiator's  refund  value  account.  No
other  payment  or  withdrawal  from  such account may be made except as
prescribed by this section.
  3.] Each deposit initiator  shall  file  quarterly  reports  with  the
commissioner  of  taxation  and  finance  on  a  form  and in the manner
prescribed by  such  commissioner.  The  commissioner  of  taxation  and
finance  may  require such reports to be filed electronically. The quar-
terly reports required by this subdivision shall be filed for the  quar-

S. 5621--B                          4

terly periods ending on the last day of May, August, November and Febru-
ary of each year, and each such report shall be filed within twenty days
after  the end of the quarterly period covered thereby. Each such report
shall  include  all information such commissioner shall determine appro-
priate including but not limited to the following information:
  a. [the balance in the refund value account at the  beginning  of  the
quarter for which the report is prepared;
  b.  all  such  deposits  credited  to the refund value account and all
interest, dividends or returns received on  such  account,  during  such
quarter;
  c.  all withdrawals from the refund value account during such quarter,
including all reimbursements paid pursuant to subdivision  two  of  this
section,  all  service  charges  on  the  account, and all payments made
pursuant to subdivision four of this section; and
  d. the balance in the refund value account at the close of such  quar-
ter.]
  THE  NUMBER  OF CONTAINERS REQUIRED TO HAVE A REFUND VALUE SOLD BY THE
DEPOSIT INITIATOR DURING THE QUARTERLY PERIOD;
  B. THE NUMBER OF CONTAINERS THAT WERE REDEEMED BY THE  DEPOSIT  INITI-
ATOR DURING THE QUARTERLY PERIOD;
  C. THE NUMBER OF CONTAINERS THAT WERE UNREDEEMED BY THE DEPOSIT INITI-
ATOR DURING THE QUARTERLY PERIOD; AND
  D.  THE  AMOUNTS  PAID  TO  ANY  DISTRIBUTOR,  DEALER OR OPERATOR OF A
REDEMPTION CENTER FOR HANDLING FEES DURING THE QUARTER.
  [4.] 2. a. Quarterly payments. [An] PAYMENTS OF REFUND VALUES PURSUANT
TO SECTION 27-1007 OF THIS TITLE, IN AN amount equal to  eighty  percent
of  the  [balance  outstanding  in  the refund value account] UNREDEEMED
DEPOSITS HELD BY A DEPOSIT INITIATOR at the close of each quarter  shall
be  paid  to  the  commissioner  of taxation and finance at the time the
report provided for in  subdivision  [three]  ONE  of  this  section  is
required  to  be  filed.  The  commissioner  of taxation and finance may
require that the payments be made electronically. The  remaining  twenty
percent of the balance outstanding at the close of each quarter shall be
the  monies  of  the  deposit  initiator [and may be withdrawn from such
account by the deposit initiator]. If the  provisions  of  this  section
with  respect  to  such  account have not been fully complied with, each
deposit initiator shall pay to such commissioner at such time,  in  lieu
of  the  amount  described in the preceding sentence, an amount equal to
the balance which would have been outstanding  on  such  date  had  such
provisions  been  fully  complied with. The commissioner of taxation and
finance may require that the payments be made electronically.
  b. [Refund value account shortfall] OVER REDEMPTION.  In the  event  a
deposit  initiator  pays  out  more in refund values than it collects in
deposits of refund values during the course of  a  quarterly  period  as
described in subdivision [three] ONE of this section, the deposit initi-
ator  may apply to the commissioner of taxation and finance for a refund
of the amount of such excess payment  of  refund  values  [from  sources
other  than  the refund value account], in the manner as provided by the
commissioner of taxation and finance. A deposit initiator must apply for
a refund no later than twelve months after the due date for  filing  the
quarterly  report for the quarterly period for which the refund claim is
made. No interest shall be payable for any refund paid pursuant to  this
paragraph.
  c. Final report. A deposit initiator who ceases to do business in this
state as a deposit initiator shall file a final report and remit payment
of eighty percent of all [amounts remaining in the refund value account]

S. 5621--B                          5

REFUND  VALUES  HELD  BY  THE  DEPOSIT  INITIATOR as of the close of the
deposit initiator's last day of business. The commissioner  of  taxation
and  finance  may  require that the payments be made electronically. The
deposit  initiator  shall  indicate  on  the  report that it is a "final
report". The final report is due to be filed with  payment  twenty  days
after  the  close of the quarterly period in which the deposit initiator
ceases to do business. In the event the deposit initiator pays out  more
in  refund  values  than it collects in such final quarterly period, the
deposit initiator may apply to the commissioner of taxation and  finance
for a refund of the amount of such excess payment of refund values [from
sources  other than the refund value account,] in the manner as provided
by the commissioner of taxation and finance.
  [5.] 3. All monies collected or received by the department of taxation
and finance pursuant to this title shall be deposited to the  credit  of
the  comptroller  with  such  responsible banks, banking houses or trust
companies as may be designated by the comptroller. Such  deposits  shall
be  kept  separate  and apart from all other moneys in the possession of
the comptroller. The comptroller shall require  adequate  security  from
all  such  depositories. Of the total revenue collected, the comptroller
shall retain the amount determined by the commissioner of  taxation  and
finance  to  be  necessary for refunds out of which the comptroller must
pay any refunds to which a deposit  initiator  may  be  entitled.  After
reserving  the amount to pay refunds, the comptroller must, by the tenth
day of each month, pay into the state treasury  to  the  credit  of  the
general  fund  the  revenue  deposited under this subdivision during the
preceding calendar month and remaining to the  comptroller's  credit  on
the last day of that preceding month.
  [6.]  4. The commissioner and the commissioner of taxation and finance
shall promulgate, and shall consult each  other  in  promulgating,  such
rules  and regulations as may be necessary to effectuate the purposes of
this title. The  commissioner  and  the  commissioner  of  taxation  and
finance  shall  provide  all necessary aid and assistance to each other,
including the sharing of any information  that  is  necessary  to  their
respective  administration  and enforcement responsibilities pursuant to
the provisions of this title.
  [7. a.] 5. Any person who is a  deposit  initiator  under  this  title
before  April  first,  two  thousand nine, must apply by June first, two
thousand nine to the commissioner of taxation and finance for  registra-
tion  as a deposit initiator. Any person who becomes a deposit initiator
on or after April first, two thousand nine shall apply for  registration
prior  to  collecting  any  deposits  as  such a deposit initiator. Such
application shall be in a form prescribed by the commissioner  of  taxa-
tion  and finance and shall require such information deemed to be neces-
sary for proper administration of this title. The commissioner of  taxa-
tion  and finance may require that applications for registration must be
submitted electronically. The commissioner of taxation and finance shall
electronically issue a deposit initiator registration certificate  in  a
form  prescribed  by  the  commissioner  of  taxation and finance within
fifteen days of receipt of such application or may  take  an  additional
ten  days if the commissioner of taxation and finance deems it necessary
to consult  with  the  commissioner  before  issuing  such  registration
certificate. A registration certificate issued pursuant to this subdivi-
sion may be issued for a specified term of not less than three years and
shall  be  subject to renewal in accordance with procedures specified by
the commissioner of taxation and finance. The commissioner  of  taxation
and  finance shall furnish to the commissioner a complete list of regis-

S. 5621--B                          6

tered deposit initiators and  shall  continually  update  such  list  as
warranted. The commissioner shall share any information with the commis-
sioner  of taxation and finance that is necessary for the administration
of this subdivision.
  [b.  The commissioner of taxation and finance shall have the authority
to revoke or refuse to renew any registration issued  pursuant  to  this
subdivision  when  he  or she has determined or has been informed by the
commissioner that any of the provisions of this title or rules and regu-
lations promulgated thereunder have been violated. Such violations shall
include, but not be limited to, the failure to file  quarterly  reports,
the failure to make payments pursuant to this subdivision, the providing
of  false or fraudulent information to either the department of taxation
and finance or the department, or knowingly aiding or  abetting  another
person  in  violating  any  of the provisions of this title. A notice of
proposed revocation or non-renewal shall be given to the deposit  initi-
ator  in the manner prescribed for a notice of deficiency of tax and all
the provisions applicable to a notice of deficiency under article  twen-
ty-seven  of the tax law shall apply to a notice issued pursuant to this
paragraph, insofar as such provisions can be made applicable to a notice
authorized by this paragraph, with such modifications as may  be  neces-
sary  in  order  to  adapt the language of such provisions to the notice
authorized by this paragraph. All such notices issued by the commission-
er of taxation and finance pursuant to this paragraph  shall  contain  a
statement  advising the deposit initiator that the revocation or non-re-
newal of registration may be challenged through a  hearing  process  and
the petition for such a challenge must be filed with the commissioner of
taxation  and  finance within ninety days after such notice is issued. A
deposit initiator whose registration has been so revoked or not  renewed
shall  cease  to do business as a deposit initiator in this state, until
this title has been complied  with  and  a  new  registration  has  been
issued. Any deposit initiator whose registration has been so revoked may
not  apply  for registration for two years from the date such revocation
takes effect.
  8.] 6. The commissioner of taxation and finance may require the  main-
tenance of such [accounts,] records or documents relating to the sale of
beverage  containers,  by  any  deposit initiator, bottler, distributor,
dealer or redemption center as such commissioner  may  deem  appropriate
for the administration of this section. Such commissioner may make exam-
inations,  including  the conduct of facility inspections during regular
business hours, with respect to the  [accounts,]  records  or  documents
required  to  be  maintained  under  this  subdivision. Such [accounts,]
records and documents shall be preserved for a period  of  three  years,
except  that  such  commissioner may consent to their destruction within
that period or may require that they be kept  longer.  Such  [accounts,]
records and documents may be kept within the meaning of this subdivision
when reproduced by any photographic, photostatic, microfilm, micro-card,
miniature  photographic  or  other process which actually reproduces the
original [accounts,] records or documents.
  [9.] 7. a. Any person required to be  registered  under  this  section
who,  without  being  so  registered,  sells or offers for sale beverage
containers in this state, in addition to any other  penalty  imposed  by
this  title, shall be subject to a penalty to be assessed by the commis-
sioner of taxation and finance in an amount not to exceed  five  hundred
dollars  for  the  first  day on which such sales or offers for sale are
made, plus an amount not to exceed five hundred dollars for each  subse-

S. 5621--B                          7

quent day on which such sales or offers for sale are made, not to exceed
twenty-five thousand dollars in the aggregate.
  b.  Any  deposit initiator who fails to maintain [accounts or] records
pursuant to this section, unless it is shown that such failure  was  due
to  reasonable  cause  and  not due to negligence or willful neglect, in
addition to any other penalty imposed by this title, shall be subject to
a penalty to be assessed by the commissioner of taxation and finance  of
not  more  than  one thousand dollars for each quarter during which such
failure occurred, and an additional penalty of not more than  one  thou-
sand dollars for each quarter such failure continues.
  [10.]  8.  The provisions of article twenty-seven of the tax law shall
apply to the provisions of this title  for  which  the  commissioner  of
taxation  and  finance  is  responsible[, including collection of refund
value amounts,] in the same manner and with the same force and effect as
if the language of such article had been incorporated in full into  this
section  except  to  the  extent  that  any provision of such article is
either inconsistent with a provision of this section or is not  relevant
to  this  section  as  determined  by  the  commissioner of taxation and
finance. [Furthermore, for purposes of applying the provisions of  arti-
cle  twenty-seven  of  the  tax  law,  where the terms "tax" and "taxes"
appear in such article, such terms shall be construed  to  mean  "refund
value" or "balance in the refund value account".
  11.]  9. If any deposit initiator fails or refuses to file a report or
furnish any information requested in writing by the department of  taxa-
tion  and  finance  or  the  department,  the department of taxation and
finance with the assistance of the department may, from any  information
in  its  possession, make an estimate of the deficiency and collect such
deficiency from such deposit initiator.
  [12.] 10. Beginning on June first, two  thousand  [nine  each  deposit
initiator]  TEN  ALL  SUPPLIERS  AND  MANUFACTURES  shall  register  the
container label of any beverage offered for sale in the state  on  which
it initiates a deposit. Any such registered container label shall bear a
universal  product  code. [Such universal product code shall be New York
state specific, in order to identify the beverage container  as  offered
for  sale  exclusively  in  New York state, and as a means of preventing
illegal  redemption  of  beverage  containers  purchased  out-of-state.]
Registration  must  be on forms as prescribed by the department and must
include the universal product code for each combination of beverage  and
container  manufactured. The commissioner may require that such forms be
filed electronically. The deposit initiator shall renew a  label  regis-
tration whenever that label is revised by altering the universal product
code  or  whenever the container on which it appears is changed in size,
composition or glass color.
  S 5. Section 16 of part SS of chapter 59 of the laws of 2009  amending
the  environmental  conservation  law  and  the economic development law
relating to including additional beverage containers and  providing  for
the return of unclaimed deposits on beverage containers to the state for
deposit  into  the  environmental protection fund, is amended to read as
follows:
  S 16. This act shall take effect immediately, provided however, that:
  1. sections two and three of this act shall take effect April 1, 2009;
  2. sections four, five, six, seven, nine, and eleven of this act shall
take effect [June] OCTOBER 1, 2009; and
  3. section eight of this act shall take  effect  [on]  April  1,  2009
except  that  the requirements to [make deposits,] file reports and make
[withdrawals and] payments under section 27-1012  of  the  environmental

S. 5621--B                          8

conservation law, as added by section eight of this act, with respect to
containers  defined as beverage containers prior to April 1, 2009, shall
first apply to the period beginning on  [April]  OCTOBER  15,  2009  and
ending  [May]  DECEMBER 31, 2009, and with respect to all other beverage
containers shall first apply to the period beginning on  [June]  OCTOBER
1,  2009  and  ending [August 31, 2009] DECEMBER 31, 2009, provided that
such other beverage containers will not be required  to  have  a  refund
value  as  required under section 27-1005 of the environmental conserva-
tion law, as added by section four of  this  act  until  June  1,  2009.
However,  no  refunds  shall  be paid to a deposit initiator pursuant to
paragraph b of subdivision [4] 2 of section 27-1012 of the environmental
conservation law, as added by section eight of this act prior  to  March
1, 2010.
  S  6.  This  act shall take effect immediately, provided that sections
three and four of this act shall take effect on the same date and in the
same manner as part SS of chapter 59 of the laws of 2009, takes effect.

co-Sponsors

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2009-S5621C (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Laws Affected:: Amd §§27-1007 & 27-1012, En Con L

2009-S5621C (ACTIVE) - Summary

Relates to the collection and recycling of beverage containers.

2009-S5621C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5621C

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to the
collection and recycling of beverage containers


 PURPOSE :
To amend various sections of Part SS of Chapter 59 of Laws of 2009 to
recognize the impact of current law on those involved in the state
mandated beverage redemption system.

 SUMMARY OF PROVISIONS :

Section 1: Amends Environmental Conservation Law section 27-1007 to
make changes to current law to modify deposit initiator's, redemption
center's and dealer's responsibilities in the bottle and can
redemption system;

Section 2: Amends Environmental Conservation Law section 27-1012 to
eliminate the "refund value account" mandates and replace it with a
new reporting requirement based on the number of bottles that a
deposit has been placed on such bottle to the Department of Taxation
and Finance;

Section 3: Effective Date.

 EXISTING LAW :
Chapter 59 of the laws of 2009 expanded the New York beverage control
law to increase the handling fee and retain the deposit initiators
unredeemed deposits.

 JUSTIFICATION :
The recent changes to New York's beverage container law did not take
into full account the real world realities that the beverage industry
must face to comply with the new mandates placed upon it. This
legislation makes various modifications to the new law by making it
easier and more practical for the industry to comply with it while at
the same time making it more affordable, thus helping to protect the
significant work force the beverage industry employs. This measure
will state a balance between protecting our environment while also
helping to preserve the careers of those that make this system
beverage delivery work in New York State.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
This bill will raise an additional amount of between $ 15 - 30 Million
in new bottle deposit revenue recovered by the State of New York.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect 45 days after it shall have become law.

2009-S5621C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5621--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 22, 2009
                               ___________

Introduced by Sens. KLEIN, C. JOHNSON, SAVINO, STACHOWSKI, FOLEY, AUBER-
  TINE,  VALESKY  -- read twice and ordered printed, and when printed to
  be committed to the Committee on Environmental Conservation -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to the Committee on Environmental Conservation in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation  to  the
  collection and recycling of beverage containers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 5, 6, 7 and 8 of section 27-1007 of the  envi-
ronmental  conservation law, as added by section 4 of part SS of chapter
59 of the laws of 2009, are amended and a new subdivision 12 is added to
read as follows:
  5. A deposit initiator's or distributor's failure  to  pick  up  empty
beverage  containers[, including containers processed in a reverse vend-
ing machine,] from a redemption center, dealer  or  the  operator  of  a
reverse vending machine, shall be a violation of this title.
  6.  In  addition to the refund value of a beverage container as estab-
lished by section 27-1005 of this title, a deposit initiator  shall  pay
to any dealer or operator of a redemption center a handling fee of three
and  one-half  cents for each beverage container accepted by the deposit
initiator from such dealer or operator of a redemption center.  A DEPOS-
IT INITIATOR SHALL PAY TO ANY DEALER OR OPERATOR OF A RECYCLING CENTER A
HANDLING FEE OF TWO CENTS FOR EACH  BEVERAGE  CONTAINER  REDEEMED  BY  A
DEALER  OR  OPERATOR  OF  A  REDEMPTION CENTER THROUGH A REVERSE VENDING
MACHINE. Payment of the  handling  fee  shall  be  as  compensation  for
collecting,  sorting, SEPARATING PLASTIC CONTAINERS FROM GLASS AND SEPA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14047-06-0

S. 5621--C                          2

RATING GLASS CONTAINERS  BY  COLOR,  and  packaging  of  empty  beverage
containers  for transport back to the deposit initiator or its designee.
Payment of the handling fee may not be conditioned on  the  purchase  of
any  goods  or services[, nor may such payment be made out of the refund
value account established pursuant to section 27-1012 of this title].  A
distributor  who  does  not  initiate  deposits  on  a  type of beverage
container is considered a dealer only for the  purpose  of  receiving  a
handling fee from a deposit initiator.
  7.  A deposit initiator on a brand shall accept from a distributor who
does not initiate deposits on that brand any empty  beverage  containers
of that brand accepted by the distributor from a dealer or operator of a
redemption  center  and shall reimburse the distributor the refund value
of each such beverage container, as established by  section  27-1005  of
this  title.  In  addition,  the  deposit initiator shall reimburse such
distributor for each such beverage container  the  handling  fee  estab-
lished  under  subdivision  six  of  this section. [Without limiting the
rights of the department or any person, firm or corporation  under  this
subdivision  or any other provision of this section, a distributor shall
have a civil right of action to  enforce  this  subdivision,  including,
upon three days notice, the right to apply for temporary and preliminary
injunctive  relief against continuing violations, and until arrangements
for collection and return of empty containers or reimbursement  of  such
distributor for such deposits and handling fees are made.]
  8.  [It  shall  be  the  responsibility  of  the  deposit initiator or
distributor to provide to a dealer or  redemption  center  a  sufficient
number  of  bags, cartons, or other suitable containers, at no cost, for
the packaging, handling and pickup of empty beverage containers that are
not redeemed through a reverse vending machine. The  bags,  cartons,  or
containers must be provided by the deposit initiator or distributor on a
schedule  that allows the dealer or redemption center sufficient time to
sort the empty beverage containers prior  to  pick  up  by  the  deposit
initiator or distributor. In addition:]
  (a) [When picking up empty beverage containers, a deposit initiator or
distributor  shall  not  require  a  dealer or redemption center to load
their own bags, cartons or containers onto or into  the  deposit  initi-
ator's  or  distributor's  vehicle  or  vehicles or provide the staff or
equipment needed to do so.
  (b)] A deposit initiator or distributor [shall not] MAY require  empty
containers  to be counted at a location other than the redemption center
or dealer's place of business. The dealer  or  redemption  center  shall
have the right to be present at the count.
  [(c)]  (B)  A  deposit  initiator  or  distributor shall pick up empty
beverage containers from the dealer or redemption center  at  reasonable
times and intervals as determined in rules or regulations promulgated by
the department.
  12.  NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION TO THE CONTRA-
RY, WITH RESPECT TO EMPTY  BEVERAGE  CONTAINERS  OF  BEVERAGES  SOLD  OR
CONSUMED  ON-PREMISES  OR  AT  OUTDOOR  OR INDOOR GATHERINGS, FUNCTIONS,
OCCASIONS OR EVENTS, NO HANDLING FEE SHALL BE PAYABLE TO  ANY  DISTRIBU-
TOR, DEALER OR OPERATOR OF A REDEMPTION CENTER.
  S  2.  Section 27-1012 of the environmental conservation law, as added
by section 8 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1012. [Deposit  and  disposition]  DISPOSITION  of  refund  values;
              registration; reports.

S. 5621--C                          3

  1.  [Each deposit initiator shall deposit in a refund value account an
amount equal to the refund value initiated under section 27-1005 of this
title which is received with respect to each beverage container sold  by
such deposit initiator. Such deposit initiator shall hold the amounts in
the  refund value account in trust for the state. A refund value account
shall be an interest-bearing account established in a  banking  institu-
tion  located  in  this  state,  the deposits in which are insured by an
agency of the federal government. Deposits  of  such  amounts  into  the
refund  value  account shall be made not less frequently than every five
business days. All interest, dividends and returns earned on the  refund
value  account  shall  be paid directly into said account. The monies in
such accounts shall be kept separate and apart from all other monies  in
the  possession  of  the deposit initiator. The commissioner of taxation
and finance may specify a system of accounts and  records  to  be  main-
tained with respect to accounts established under this subdivision.
  2. Payments of refund values pursuant to section 27-1007 of this title
shall  be  paid  from  each deposit initiator's refund value account. No
other payment or withdrawal from such account  may  be  made  except  as
prescribed by this section.
  3.]  Each  deposit  initiator  shall  file  quarterly reports with the
commissioner of taxation and  finance  on  a  form  and  in  the  manner
prescribed  by  such  commissioner.  The  commissioner  of  taxation and
finance may require such reports to be filed electronically.  The  quar-
terly  reports required by this subdivision shall be filed for the quar-
terly periods ending on the last day of May, August, November and Febru-
ary of each year, and each such report shall be filed within twenty days
after the end of the quarterly period covered thereby. Each such  report
shall  include  all information such commissioner shall determine appro-
priate including but not limited to the following information:
  a. [the balance in the refund value account at the  beginning  of  the
quarter for which the report is prepared;
  b.  all  such  deposits  credited  to the refund value account and all
interest, dividends or returns received on  such  account,  during  such
quarter;
  c.  all withdrawals from the refund value account during such quarter,
including all reimbursements paid pursuant to subdivision  two  of  this
section,  all  service  charges  on  the  account, and all payments made
pursuant to subdivision four of this section; and
  d. the balance in the refund value account at the close of such  quar-
ter.]
  THE  NUMBER  OF CONTAINERS REQUIRED TO HAVE A REFUND VALUE SOLD BY THE
DEPOSIT INITIATOR DURING THE QUARTERLY PERIOD;
  B. THE NUMBER OF CONTAINERS THAT WERE REDEEMED BY THE  DEPOSIT  INITI-
ATOR DURING THE QUARTERLY PERIOD;
  C. THE NUMBER OF CONTAINERS THAT WERE UNREDEEMED BY THE DEPOSIT INITI-
ATOR DURING THE QUARTERLY PERIOD; AND
  D.  THE  AMOUNTS  PAID  TO  ANY  DISTRIBUTOR,  DEALER OR OPERATOR OF A
REDEMPTION CENTER FOR HANDLING FEES DURING THE QUARTER.
  [4.] 2. a. Quarterly payments. [An] PAYMENTS OF REFUND VALUES PURSUANT
TO SECTION 27-1007 OF THIS TITLE, IN AN amount equal to  eighty  percent
of  the  [balance  outstanding  in  the refund value account] UNREDEEMED
DEPOSITS HELD BY A DEPOSIT INITIATOR at the close of each quarter  shall
be  paid  to  the  commissioner  of taxation and finance at the time the
report provided for in  subdivision  [three]  ONE  of  this  section  is
required  to  be  filed.  The  commissioner  of taxation and finance may
require that the payments be made electronically. The  remaining  twenty

S. 5621--C                          4

percent of the balance outstanding at the close of each quarter shall be
the  monies  of  the  deposit  initiator [and may be withdrawn from such
account by the deposit initiator]. If the  provisions  of  this  section
with  respect  to  such  account have not been fully complied with, each
deposit initiator shall pay to such commissioner at such time,  in  lieu
of  the  amount  described in the preceding sentence, an amount equal to
the balance which would have been outstanding  on  such  date  had  such
provisions  been  fully  complied with. The commissioner of taxation and
finance may require that the payments be made electronically.
  b. [Refund value account shortfall] OVER REDEMPTION.  In the  event  a
deposit  initiator  pays  out  more in refund values than it collects in
deposits of refund values during the course of  a  quarterly  period  as
described in subdivision [three] ONE of this section, the deposit initi-
ator  may apply to the commissioner of taxation and finance for a refund
of the amount of such excess payment  of  refund  values  [from  sources
other  than  the refund value account], in the manner as provided by the
commissioner of taxation and finance. A deposit initiator must apply for
a refund no later than twelve months after the due date for  filing  the
quarterly  report for the quarterly period for which the refund claim is
made. No interest shall be payable for any refund paid pursuant to  this
paragraph.
  c. Final report. A deposit initiator who ceases to do business in this
state as a deposit initiator shall file a final report and remit payment
of eighty percent of all [amounts remaining in the refund value account]
REFUND  VALUES  HELD  BY  THE  DEPOSIT  INITIATOR as of the close of the
deposit initiator's last day of business. The commissioner  of  taxation
and  finance  may  require that the payments be made electronically. The
deposit initiator shall indicate on the  report  that  it  is  a  "final
report".  The  final  report is due to be filed with payment twenty days
after the close of the quarterly period in which the  deposit  initiator
ceases  to do business. In the event the deposit initiator pays out more
in refund values than it collects in such final  quarterly  period,  the
deposit  initiator may apply to the commissioner of taxation and finance
for a refund of the amount of such excess payment of refund values [from
sources other than the refund value account,] in the manner as  provided
by the commissioner of taxation and finance.
  [5.] 3. All monies collected or received by the department of taxation
and  finance  pursuant to this title shall be deposited to the credit of
the comptroller with such responsible banks,  banking  houses  or  trust
companies  as  may be designated by the comptroller. Such deposits shall
be kept separate and apart from all other moneys in  the  possession  of
the  comptroller.  The  comptroller shall require adequate security from
all such depositories. Of the total revenue collected,  the  comptroller
shall  retain  the amount determined by the commissioner of taxation and
finance to be necessary for refunds out of which  the  comptroller  must
pay  any  refunds  to  which  a deposit initiator may be entitled. After
reserving the amount to pay refunds, the comptroller must, by the  tenth
day  of  each  month,  pay  into the state treasury to the credit of the
general fund the revenue deposited under  this  subdivision  during  the
preceding  calendar  month  and remaining to the comptroller's credit on
the last day of that preceding month.
  [6.] 4. The commissioner and the commissioner of taxation and  finance
shall  promulgate,  and  shall  consult each other in promulgating, such
rules and regulations as may be necessary to effectuate the purposes  of
this  title.  The  commissioner  and  the  commissioner  of taxation and
finance shall provide all necessary aid and assistance  to  each  other,

S. 5621--C                          5

including  the  sharing  of  any  information that is necessary to their
respective administration and enforcement responsibilities  pursuant  to
the provisions of this title.
  [7.  a.]  5.  Any  person  who is a deposit initiator under this title
before April first, two thousand nine, must apply  by  June  first,  two
thousand  nine to the commissioner of taxation and finance for registra-
tion as a deposit initiator. Any person who becomes a deposit  initiator
on  or after April first, two thousand nine shall apply for registration
prior to collecting any deposits  as  such  a  deposit  initiator.  Such
application  shall  be in a form prescribed by the commissioner of taxa-
tion and finance and shall require such information deemed to be  neces-
sary  for proper administration of this title. The commissioner of taxa-
tion and finance may require that applications for registration must  be
submitted electronically. The commissioner of taxation and finance shall
electronically  issue  a deposit initiator registration certificate in a
form prescribed by the  commissioner  of  taxation  and  finance  within
fifteen  days  of  receipt of such application or may take an additional
ten days if the commissioner of taxation and finance deems it  necessary
to  consult  with  the  commissioner  before  issuing  such registration
certificate. A registration certificate issued pursuant to this subdivi-
sion may be issued for a specified term of not less than three years and
shall be subject to renewal in accordance with procedures  specified  by
the  commissioner  of taxation and finance. The commissioner of taxation
and finance shall furnish to the commissioner a complete list of  regis-
tered  deposit  initiators  and  shall  continually  update such list as
warranted. The commissioner shall share any information with the commis-
sioner of taxation and finance that is necessary for the  administration
of this subdivision.
  [b.  The commissioner of taxation and finance shall have the authority
to revoke or refuse to renew any registration issued  pursuant  to  this
subdivision  when  he  or she has determined or has been informed by the
commissioner that any of the provisions of this title or rules and regu-
lations promulgated thereunder have been violated. Such violations shall
include, but not be limited to, the failure to file  quarterly  reports,
the failure to make payments pursuant to this subdivision, the providing
of  false or fraudulent information to either the department of taxation
and finance or the department, or knowingly aiding or  abetting  another
person  in  violating  any  of the provisions of this title. A notice of
proposed revocation or non-renewal shall be given to the deposit  initi-
ator  in the manner prescribed for a notice of deficiency of tax and all
the provisions applicable to a notice of deficiency under article  twen-
ty-seven  of the tax law shall apply to a notice issued pursuant to this
paragraph, insofar as such provisions can be made applicable to a notice
authorized by this paragraph, with such modifications as may  be  neces-
sary  in  order  to  adapt the language of such provisions to the notice
authorized by this paragraph. All such notices issued by the commission-
er of taxation and finance pursuant to this paragraph  shall  contain  a
statement  advising the deposit initiator that the revocation or non-re-
newal of registration may be challenged through a  hearing  process  and
the petition for such a challenge must be filed with the commissioner of
taxation  and  finance within ninety days after such notice is issued. A
deposit initiator whose registration has been so revoked or not  renewed
shall  cease  to do business as a deposit initiator in this state, until
this title has been complied  with  and  a  new  registration  has  been
issued. Any deposit initiator whose registration has been so revoked may

S. 5621--C                          6

not  apply  for registration for two years from the date such revocation
takes effect.
  8.]  6. The commissioner of taxation and finance may require the main-
tenance of such [accounts,] records or documents relating to the sale of
beverage containers, by any  deposit  initiator,  bottler,  distributor,
dealer  or  redemption  center as such commissioner may deem appropriate
for the administration of this section. Such commissioner may make exam-
inations, including the conduct of facility inspections  during  regular
business  hours,  with  respect  to the [accounts,] records or documents
required to be  maintained  under  this  subdivision.  Such  [accounts,]
records  and  documents  shall be preserved for a period of three years,
except that such commissioner may consent to  their  destruction  within
that  period  or  may require that they be kept longer. Such [accounts,]
records and documents may be kept within the meaning of this subdivision
when reproduced by any photographic, photostatic, microfilm, micro-card,
miniature photographic or other process which  actually  reproduces  the
original [accounts,] records or documents.
  [9.]  7.  a.  Any  person required to be registered under this section
who, without being so registered, sells  or  offers  for  sale  beverage
containers  in  this  state, in addition to any other penalty imposed by
this title, shall be subject to a penalty to be assessed by the  commis-
sioner  of  taxation and finance in an amount not to exceed five hundred
dollars for the first day on which such sales or  offers  for  sale  are
made,  plus an amount not to exceed five hundred dollars for each subse-
quent day on which such sales or offers for sale are made, not to exceed
twenty-five thousand dollars in the aggregate.
  b. Any deposit initiator who fails to maintain [accounts  or]  records
pursuant  to  this section, unless it is shown that such failure was due
to reasonable cause and not due to negligence  or  willful  neglect,  in
addition to any other penalty imposed by this title, shall be subject to
a  penalty to be assessed by the commissioner of taxation and finance of
not more than one thousand dollars for each quarter  during  which  such
failure  occurred,  and an additional penalty of not more than one thou-
sand dollars for each quarter such failure continues.
  [10.] 8. The provisions of article twenty-seven of the tax  law  shall
apply  to  the  provisions  of  this title for which the commissioner of
taxation and finance is responsible[,  including  collection  of  refund
value amounts,] in the same manner and with the same force and effect as
if  the language of such article had been incorporated in full into this
section except to the extent that  any  provision  of  such  article  is
either  inconsistent with a provision of this section or is not relevant
to this section as  determined  by  the  commissioner  of  taxation  and
finance.  [Furthermore, for purposes of applying the provisions of arti-
cle twenty-seven of the tax law,  where  the  terms  "tax"  and  "taxes"
appear  in  such  article, such terms shall be construed to mean "refund
value" or "balance in the refund value account".
  11.] 9. If any deposit initiator fails or refuses to file a report  or
furnish  any information requested in writing by the department of taxa-
tion and finance or the  department,  the  department  of  taxation  and
finance  with the assistance of the department may, from any information
in its possession, make an estimate of the deficiency and  collect  such
deficiency from such deposit initiator.
  [12.]  10.  Beginning  on  June first, two thousand [nine each deposit
initiator]  TEN  ALL  SUPPLIERS  AND  MANUFACTURES  shall  register  the
container  label  of any beverage offered for sale in the state on which
it initiates a deposit. Any such registered container label shall bear a

S. 5621--C                          7

universal product code. [Such universal product code shall be  New  York
state  specific,  in order to identify the beverage container as offered
for sale exclusively in New York state, and as  a  means  of  preventing
illegal  redemption  of  beverage  containers  purchased  out-of-state.]
Registration must be on forms as prescribed by the department  and  must
include  the universal product code for each combination of beverage and
container manufactured. The commissioner may require that such forms  be
filed  electronically.  The deposit initiator shall renew a label regis-
tration whenever that label is revised by altering the universal product
code or whenever the container on which it appears is changed  in  size,
composition or glass color.
  S  3. This act shall take effect on the forty-fifth day after it shall
have become a law.

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Senate Bill S5621

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2009-S5621 - Details

2009-S5621 - Summary

2009-S5621 - Sponsor Memo

2009-S5621 - Bill Text download pdf

2009-S5621A - Details

2009-S5621A - Summary

2009-S5621A - Sponsor Memo

2009-S5621A - Bill Text download pdf

co-Sponsors

2009-S5621B - Details

2009-S5621B - Summary

2009-S5621B - Sponsor Memo

2009-S5621B - Bill Text download pdf

co-Sponsors

2009-S5621C (ACTIVE) - Details

2009-S5621C (ACTIVE) - Summary

2009-S5621C (ACTIVE) - Sponsor Memo

2009-S5621C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5621

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2009-S5621 - Details

2009-S5621 - Summary

2009-S5621 - Sponsor Memo

2009-S5621 - Bill Text download pdf

2009-S5621A - Details

2009-S5621A - Summary

2009-S5621A - Sponsor Memo

2009-S5621A - Bill Text download pdf

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2009-S5621B - Details

2009-S5621B - Summary

2009-S5621B - Sponsor Memo

2009-S5621B - Bill Text download pdf

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2009-S5621C (ACTIVE) - Details

2009-S5621C (ACTIVE) - Summary

2009-S5621C (ACTIVE) - Sponsor Memo

2009-S5621C (ACTIVE) - Bill Text download pdf

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