Senate Bill S3496

2011-2012 Legislative Session

Defines refillable beverage containers and authorized manufacturers of refillable beverage containers to retain unclaimed deposits

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2011-S3496 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง27-1003 & 27-1012, En Con L

2011-S3496 (ACTIVE) - Summary

Defines refillable beverage containers and authorized manufacturers of refillable beverage containers to retain unclaimed deposits.

2011-S3496 (ACTIVE) - Sponsor Memo

2011-S3496 (ACTIVE) - Bill Text download pdf

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

                                  3496

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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,  in  relation  to
  refillable beverage containers

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

  Section 1. Section 27-1003 of the environmental  conservation  law  is
amended by adding a new subdivision 9-a to read as follows:
  9-A.  "REFILLABLE BEVERAGE CONTAINER" MEANS A BEVERAGE CONTAINER WHICH
IS CONSTRUCTED AND DESIGNED TO BE STRUCTURALLY CAPABLE OF BEING REFILLED
AND RESOLD BY A DEPOSIT INITIATOR UP TO TEN TIMES AFTER ITS INITIAL USE.
  S 2. Paragraph c of subdivision 4 of section 27-1012 of  the  environ-
mental  conservation law, as added by section 8 of part SS of chapter 59
of the laws of 2009, is amended to read as follows:
  c.  AUTHORIZED RETENTION OF DEPOSITS FOR REFILLABLE BEVERAGE  CONTAIN-
ERS.  NOTWITHSTANDING  PARAGRAPH A OF THIS SUBDIVISION, A DEPOSIT INITI-
ATOR THAT UTILIZES REFILLABLE BEVERAGE CONTAINERS SHALL BE  ENTITLED  TO
RETAIN THE DEPOSIT FOR ALL BOTTLES FOR WHICH A DEPOSIT WAS INITIATED AND
NOT  REDEEMED.  SUCH DEPOSITS MAY BE CALCULATED BY THE DEPOSIT INITIATOR
AND WITHDRAWN FROM THE REFUND VALUE ACCOUNT, SUBJECT  TO  ACCOUNTING  BY
THE COMMISSIONER OF TAXATION AND FINANCE.
  D. 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
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 initi-
ator pays out more in refund values than it collects in such final quar-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09416-01-1
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.