S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8651
 
                             I N  S E N A T E
 
                              March 25, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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
   expansion of the New York bottle bill
 
   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, beer,  other  malt
 beverages  and  a wine product as defined in subdivision thirty-six-a of
 section three of the alcoholic beverage control law] ALL CARBONATED  AND
 NON-CARBONATED  DRINKS  IN  LIQUID  FORM AND INTENDED FOR INTERNAL HUMAN
 CONSUMPTION, INCLUDING BUT NOT LIMITED TO WATER, SOFT DRINKS,  MILK  AND
 DAIRY  DERIVED  PRODUCTS,  SPORTS  DRINKS,  TEAS,  JUICES, AND ALCOHOLIC
 BEVERAGES. "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, LAGER 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]  OR  ANY
 BEVERAGE  IDENTIFIED AS A TYPE OF WATER TO WHICH A SUGAR HAS BEEN ADDED.
 "MILK" MEANS WHOLE MILK, SKIM MILK, LOW-FAT MILK, CREAM, CULTURED  MILK,
 OR  ANY COMBINATION OF THOSE PRODUCTS. THE TERM "DAIRY DERIVED PRODUCTS"
 INCLUDES ANY PRODUCT OF WHICH THE SINGLE  LARGEST  INGREDIENT  IS  MILK,
 MILK FAT, OR CULTURED MILK. "SPORTS DRINKS" MEANS DRINKS THAT ARE MOSTLY
 WATER,  ELECTROLYTES  (SUCH  AS  SODIUM  OR POTASSIUM) AND CARBOHYDRATES
 (SUCH AS SUCROSE OR FRUCTOSE).   "TEAS" MEANS  DRINKS  BREWED  FROM  TEA
 LEAVES WHICH MAY OR MAY NOT INCLUDE SWEETENERS AND OTHER FLAVORS. "JUIC-
 ES"  MEANS  DRINKS  WHICH  THE  MAIN INGREDIENT IS THE JUICE FROM FRUITS
 AND/OR VEGETABLES. "ALCOHOLIC  BEVERAGES"  MEANS  BEER  AND  OTHER  MALT
 BEVERAGES,  LIQUORS,  SPIRITS,  WINES,  WINE  PRODUCTS,  AND  CIDERS, AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13924-03-2
 S. 8651                             2
 
 DEFINED IN SUBDIVISIONS THREE, NINETEEN, TWENTY-NINE, THIRTY-SIX,  THIR-
 TY-SIX-A,  AND  PARAGRAPH (A) OF SUBDIVISION SEVEN-B OF SECTION THREE OF
 THE ALCOHOLIC BEVERAGE CONTROL LAW, RESPECTIVELY.  THE  TERM  "BEVERAGE"
 SHALL NOT INCLUDE:
   A. INFANT FORMULA;
   B.  A  LIQUID  THAT  IS  A SYRUP, IN A CONCENTRATED FORM, OR TYPICALLY
 ADDED AS A  MINOR  FLAVORING  INGREDIENT  IN  FOOD  OR  DRINK,  SUCH  AS
 EXTRACTS, COOKING ADDITIVES, SAUCES OR CONDIMENTS;
   C.  A  LIQUID  THAT  IS  INGESTED IN VERY SMALL QUANTITIES AND THAT IS
 CONSUMED FOR MEDICINAL PURPOSES ONLY;
   D. PRODUCTS FROZEN AT THE TIME OF SALE;
   E. PRODUCTS DESIGNED TO BE CONSUMED IN A FROZEN STATE;
   F. INSTANT DRINK POWDERS;
   G. SEAFOOD, MEAT OR VEGETABLE BROTHS OR SOUPS; AND
   H. YOGURT PRODUCTS.
   § 2. Section 27-1005 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:
 § 27-1005. Refund value.
   No  person  shall  sell or offer for sale a beverage container in this
 state unless the deposit on such  beverage  container  is  or  has  been
 collected  by  a  registered deposit initiator and unless such container
 has a refund value of not less than [five] TEN cents  which  is  clearly
 indicated thereon as provided in section 27-1011 of this title.
   §  3.  Paragraph a 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:
   a.  Quarterly  payments. An amount equal to [eighty] NINETY percent of
 the balance outstanding in [the]  A  DEPOSIT  INITIATOR'S  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  subdivi-
 sion  three of this section is required to be filed. The commissioner of
 taxation and finance may require that the  payments  be  made  electron-
 ically. The remaining [twenty] TEN 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  commis-
 sioner  at  such  time, in lieu of the amount described in the preceding
 sentence, an amount equal to the balance which would have been outstand-
 ing on such date had such  provisions  been  fully  complied  with.  The
 commissioner  of  taxation  and finance may require that the payments be
 made electronically.
   § 4. Subdivision 5 of section 27-1012 of the  environmental  conserva-
 tion  law,  as amended by section 2 of part JJ of chapter 58 of the laws
 of 2017, is amended to read as follows:
   5. All moneys 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  compa-
 nies  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
 S. 8651                             3
 
 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[;  provided,  however,  that, beginning April
 first, two thousand thirteen, nineteen million dollars, and  all  fiscal
 years  thereafter,  twenty-three million dollars plus all funds received
 from the payments due each fiscal year pursuant to subdivision  four  of
 this  section in excess of the greater of the amount received from April
 first, two thousand twelve  through  March  thirty-first,  two  thousand
 thirteen   or  one  hundred  twenty-two  million  two  hundred  thousand
 dollars]; PROVIDED, HOWEVER, THAT AT  THE  BEGINNING  OF  THE  QUARTERLY
 PERIOD  NEXT  SUCCEEDING  THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF
 TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION:
   (A) FIFTY PERCENT OF REVENUE DEPOSITED UNDER THIS  SUBDIVISION,  shall
 be  deposited to the credit of the environmental protection fund, estab-
 lished pursuant to section ninety-two-s of the state finance law; AND
   (B) FIVE AND ONE-HALF PERCENT OF REVENUE DEPOSITED UNDER THIS SUBDIVI-
 SION SHALL BE DISTRIBUTED TO REGISTERED REDEMPTION CENTERS ON A QUARTER-
 LY BASIS, IN A MANNER PRESCRIBED BY THE COMPTROLLER.
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.