S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7557--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GLICK,  McDONALD,  WOERNER  -- read once and
   referred to the Committee on Environmental Conservation -- recommitted
   to the Committee on  Environmental  Conservation  in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   retention and use of  funds  for  the  beverage  container  assistance
   program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5  of  section  27-1012  of  the  environmental
 conservation  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.   OF THE TOTAL
 REVENUE COLLECTED, THE COMPTROLLER SHALL RETAIN AN AMOUNT EQUAL  TO  TWO
 PERCENT  OF  THE  TOTAL OF SUCH REVENUES COLLECTED IN THE PRIOR CALENDAR
 YEAR, TO BE DISTRIBUTED TO THE COMMISSIONER, AS NEEDED,  FOR  USE  UNDER
 THE BEVERAGE CONTAINER ASSISTANCE PROGRAM PURSUANT TO SECTION 27-1018 OF
 THIS  TITLE. After reserving the [amount] AMOUNTS to pay refunds AND FOR
 USE UNDER THE BEVERAGE CONTAINER  ASSISTANCE  PROGRAM,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10766-06-4
              

 A. 7557--A                          2
 
 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 subdi-
 vision 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, shall be deposited to the credit of the envi-
 ronmental protection fund established pursuant to  section  ninety-two-s
 of the state finance law.
   §  2.  Section 27-1018 of the environmental conservation law, as added
 by section 13 of part SS of chapter 59 of the laws of 2009,  is  amended
 to read as follows:
 § 27-1018. Beverage container assistance program.
   Notwithstanding any other provision of law to the contrary, WITHIN THE
 AMOUNTS RETAINED BY THE COMPTROLLER FOR USE UNDER THE BEVERAGE CONTAINER
 ASSISTANCE  PROGRAM  PURSUANT  TO SUBDIVISION FIVE OF SECTION 27-1012 OF
 THIS TITLE, AND within  the  limits  of  ANY  ADDITIONAL  appropriations
 therefor, the commissioner shall make state assistance payments to muni-
 cipalities,  businesses  and not-for-profit organizations located in the
 state, UPON REQUEST OR OTHERWISE  PURSUANT  TO  THE  DISCRETION  OF  THE
 COMMISSIONER,  for the cost of reverse vending machines located or to be
 located in the state. Such state assistance payments  shall  not  exceed
 fifty  percent  of the costs of equipment, and/or the acquisition and/or
 rehabilitation of real property or structures located or to  be  located
 in  the state related to the collecting, sorting, and packaging of empty
 beverage containers subject  to  the  provisions  of  this  title.  Such
 payments  may  include  costs related to the establishment of redemption
 centers, including mobile redemption centers. For the purposes  of  this
 section,  municipalities and not-for-profit organizations shall have the
 meaning as defined in section 54-0101 of  this  chapter  and  businesses
 shall mean a dealer, distributor or redemption center as defined in this
 title [that employs less than fifty employees].
   §  3.  Subdivision 6 of section 27-1007 of the environmental conserva-
 tion 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.
   § 4. This act shall take effect immediately.