Bill Text: NY A07557 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7557

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced  by M. of A. GLICK -- read once and referred to the Committee
          on Environmental Conservation

        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
    22  during  the  preceding calendar month and remaining to the comptroller's
    23  credit on the last day of that preceding month; provided, however, that,
    24  beginning April first, two thousand thirteen, nineteen million  dollars,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10766-02-3
        A. 7557                             2

     1  and  all  fiscal years thereafter, twenty-three million dollars plus all
     2  funds received from the payments due each fiscal year pursuant to subdi-
     3  vision four of this section in excess  of  the  greater  of  the  amount
     4  received  from  April  first,  two thousand twelve through March thirty-
     5  first, two thousand thirteen  or  one  hundred  twenty-two  million  two
     6  hundred  thousand dollars, shall be deposited to the credit of the envi-
     7  ronmental protection fund established pursuant to  section  ninety-two-s
     8  of the state finance law.
     9    §  2.  Section 27-1018 of the environmental conservation law, as added
    10  by section 13 of part SS of chapter 59 of the laws of 2009,  is  amended
    11  to read as follows:
    12  § 27-1018. Beverage container assistance program.
    13    Notwithstanding any other provision of law to the contrary, within the
    14  amounts retained by the comptroller for use under the beverage container
    15  assistance  program  pursuant  to subdivision five of section 27-1012 of
    16  this title, and within  the  limits  of  any  additional  appropriations
    17  therefor, the commissioner shall make state assistance payments to muni-
    18  cipalities,  businesses  and not-for-profit organizations located in the
    19  state, upon request or otherwise  pursuant  to  the  discretion  of  the
    20  commissioner,  for the cost of reverse vending machines located or to be
    21  located in the state. Such state assistance payments  shall  not  exceed
    22  fifty  percent  of the costs of equipment, and/or the acquisition and/or
    23  rehabilitation of real property or structures located or to  be  located
    24  in  the state related to the collecting, sorting, and packaging of empty
    25  beverage containers subject  to  the  provisions  of  this  title.  Such
    26  payments  may  include  costs related to the establishment of redemption
    27  centers, including mobile redemption centers. For the purposes  of  this
    28  section,  municipalities and not-for-profit organizations shall have the
    29  meaning as defined in section 54-0101 of  this  chapter  and  businesses
    30  shall mean a dealer, distributor or redemption center as defined in this
    31  title [that employs less than fifty employees].
    32    § 3. This act shall take effect immediately.