S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8517
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   handling fee paid to any dealer or operator of a redemption center
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6  of  section  27-1007  of  the  environmental
 conservation  law, as added by section 4 of part SS of chapter 59 of the
 laws of 2009, is amended to read as follows:
   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] FIVE cents for each beverage container accepted by
 the deposit initiator from such  dealer  or  operator  of  a  redemption
 center.    Payment  of  the  handling  fee  shall be as compensation for
 collecting, sorting 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.
   § 2. Paragraphs a and c of subdivision 4 of  section  27-1012  of  the
 environmental  conservation  law,  as  added  by section 8 of part SS of
 chapter 59 of the laws of 2009, are amended to read as follows:
   a. Quarterly payments. An amount equal to [eighty] FORTY-SEVEN percent
 of the balance outstanding in the refund value account 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 of this section
 is required to be filed. The commissioner of taxation  and  finance  may
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13142-02-1
              

 A. 8517                             2
 
 require  that the payments be made electronically.  The remaining [twen-
 ty] FIFTY-THREE percent of the balance outstanding at the close of  each
 quarter  shall  be  the monies of the deposit initiator and may be with-
 drawn  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 electron-
 ically.
   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] FORTY-SEVEN 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 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.
   § 3. This act shall take effect April 1, 2022.