Bill Text: NY A07557 | 2023-2024 | General Assembly | Amended
Bill Title: Requires the comptroller to retain, from revenues collected from unclaimed bottles, an amount equal to 2% of the total revenues collected in the prior calendar year, for use towards expanding and creating bottle redemption centers under the beverage container assistance program; increases the handling fee paid by deposit initiators to dealers or operators of a redemption center from 3.5 cents to 5 cents.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-03-20 - print number 7557a [A07557 Detail]
Download: New_York-2023-A07557-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7557--A 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Subdivision 5 of section 27-1012 of the environmental 2 conservation law, as amended by section 2 of part JJ of chapter 58 of 3 the laws of 2017, is amended to read as follows: 4 5. All moneys collected or received by the department of taxation and 5 finance pursuant to this title shall be deposited to the credit of the 6 comptroller with such responsible banks, banking houses or trust compa- 7 nies as may be designated by the comptroller. Such deposits shall be 8 kept separate and apart from all other moneys in the possession of the 9 comptroller. The comptroller shall require adequate security from all 10 such depositories. Of the total revenue collected, the comptroller shall 11 retain the amount determined by the commissioner of taxation and finance 12 to be necessary for refunds out of which the comptroller must pay any 13 refunds to which a deposit initiator may be entitled. Of the total 14 revenue collected, the comptroller shall retain an amount equal to two 15 percent of the total of such revenues collected in the prior calendar 16 year, to be distributed to the commissioner, as needed, for use under 17 the beverage container assistance program pursuant to section 27-1018 of 18 this title. After reserving the [amount] amounts to pay refunds and for 19 use under the beverage container assistance program, the comptroller 20 must, by the tenth day of each month, pay into the state treasury to the 21 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. LBD10766-06-4A. 7557--A 2 1 during the preceding calendar month and remaining to the comptroller's 2 credit on the last day of that preceding month; provided, however, that, 3 beginning April first, two thousand thirteen, nineteen million dollars, 4 and all fiscal years thereafter, twenty-three million dollars plus all 5 funds received from the payments due each fiscal year pursuant to subdi- 6 vision four of this section in excess of the greater of the amount 7 received from April first, two thousand twelve through March thirty- 8 first, two thousand thirteen or one hundred twenty-two million two 9 hundred thousand dollars, shall be deposited to the credit of the envi- 10 ronmental protection fund established pursuant to section ninety-two-s 11 of the state finance law. 12 § 2. Section 27-1018 of the environmental conservation law, as added 13 by section 13 of part SS of chapter 59 of the laws of 2009, is amended 14 to read as follows: 15 § 27-1018. Beverage container assistance program. 16 Notwithstanding any other provision of law to the contrary, within the 17 amounts retained by the comptroller for use under the beverage container 18 assistance program pursuant to subdivision five of section 27-1012 of 19 this title, and within the limits of any additional appropriations 20 therefor, the commissioner shall make state assistance payments to muni- 21 cipalities, businesses and not-for-profit organizations located in the 22 state, upon request or otherwise pursuant to the discretion of the 23 commissioner, for the cost of reverse vending machines located or to be 24 located in the state. Such state assistance payments shall not exceed 25 fifty percent of the costs of equipment, and/or the acquisition and/or 26 rehabilitation of real property or structures located or to be located 27 in the state related to the collecting, sorting, and packaging of empty 28 beverage containers subject to the provisions of this title. Such 29 payments may include costs related to the establishment of redemption 30 centers, including mobile redemption centers. For the purposes of this 31 section, municipalities and not-for-profit organizations shall have the 32 meaning as defined in section 54-0101 of this chapter and businesses 33 shall mean a dealer, distributor or redemption center as defined in this 34 title [that employs less than fifty employees]. 35 § 3. Subdivision 6 of section 27-1007 of the environmental conserva- 36 tion law, as added by section 4 of part SS of chapter 59 of the laws of 37 2009, is amended to read as follows: 38 6. In addition to the refund value of a beverage container as estab- 39 lished by section 27-1005 of this title, a deposit initiator shall pay 40 to any dealer or operator of a redemption center a handling fee of 41 [three and one-half] five cents for each beverage container accepted by 42 the deposit initiator from such dealer or operator of a redemption 43 center. Payment of the handling fee shall be as compensation for 44 collecting, sorting and packaging of empty beverage containers for 45 transport back to the deposit initiator or its designee. Payment of the 46 handling fee may not be conditioned on the purchase of any goods or 47 services, nor may such payment be made out of the refund value account 48 established pursuant to section 27-1012 of this title. A distributor who 49 does not initiate deposits on a type of beverage container is considered 50 a dealer only for the purpose of receiving a handling fee from a deposit 51 initiator. 52 § 4. This act shall take effect immediately.
