Bill Text: NY A10519 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires that unredeemed container deposits shall be credited to the environmental protection fund.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2012-12-17 - tabled [A10519 Detail]
Download: New_York-2011-A10519-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10519 I N A S S E M B L Y June 1, 2012 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sweeney, Latimer) -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the state finance law, in relation to requiring retained deposits on unredeemed contain- ers to be deposited into the environmental protection fund 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 added by section 8 of part SS of chapter 59 of the 3 laws of 2009, is amended to read as follows: 4 5. [All] A. THE monies collected or received by the department of 5 taxation and finance pursuant to this title shall be deposited to the 6 credit of the comptroller with such responsible banks, banking houses or 7 trust companies as may be designated by the comptroller. Such deposits 8 shall be kept separate and apart from all other moneys in the possession 9 of the comptroller. The comptroller shall require adequate security from 10 all such depositories. Of the total revenue collected, the comptroller 11 shall retain the amount determined by the commissioner of taxation and 12 finance to be necessary for refunds out of which the comptroller must 13 pay any refunds to which a deposit initiator may be entitled. After 14 reserving the amount to pay refunds, the comptroller must, by the tenth 15 day of each month, pay into the state treasury to the credit of the 16 general fund OR INTO THE ENVIRONMENTAL PROTECTION FUND, IN ACCORDANCE 17 WITH THE SCHEDULE LISTED BELOW, the revenue deposited under this subdi- 18 vision during the preceding calendar month and remaining to the comp- 19 troller's credit on the last day of that preceding month. THE PORTION OF 20 THE REVENUE TO BE DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND AFTER 21 THE AMOUNT TO PAY REFUNDS HAS BEEN RESERVED SHALL BE: 22 (I) TEN MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND 23 THIRTEEN-TWO THOUSAND FOURTEEN; 24 (II) TWENTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND 25 FOURTEEN-TWO THOUSAND FIFTEEN; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16102-01-2 A. 10519 2 1 (III) THIRTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOU- 2 SAND FIFTEEN-TWO THOUSAND SIXTEEN; 3 (IV) FORTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND 4 SIXTEEN-TWO THOUSAND SEVENTEEN; 5 (V) FIFTY MILLION DOLLARS IN FISCAL YEAR TWO THOUSAND SEVENTEEN-TWO 6 THOUSAND EIGHTEEN; AND 7 (VI) FIFTY-SIX MILLION DOLLARS IN FISCAL YEAR TWO THOUSAND 8 EIGHTEEN-TWO THOUSAND NINETEEN AND EVERY YEAR THEREAFTER. 9 B. THE MONIES ALLOCATED TO THE ENVIRONMENTAL PROTECTION FUND BY THIS 10 SUBDIVISION SHALL BE IN ADDITION TO ANY OTHER MONEY ALLOCATED OR APPRO- 11 PRIATED TO THE FUND. 12 S 2. Subdivision 3 of section 92-s of the state finance law, as 13 amended by section 2 of part T of chapter 59 of the laws of 2009, is 14 amended to read as follows: 15 3. Such fund shall consist of the amount of revenue collected within 16 the state from the amount of revenue, interest and penalties deposited 17 pursuant to section fourteen hundred twenty-one of the tax law, the 18 amount of fees and penalties received from easements or leases pursuant 19 to subdivision fourteen of section seventy-five of the public lands law 20 and the money received as annual service charges pursuant to section 21 four hundred four-l of the vehicle and traffic law, all moneys required 22 to be deposited therein from the contingency reserve fund pursuant to 23 section two hundred ninety-four of chapter fifty-seven of the laws of 24 nineteen hundred ninety-three, all moneys required to be deposited 25 pursuant to section thirteen of chapter six hundred ten of the laws of 26 nineteen hundred ninety-three, repayments of loans made pursuant to 27 section 54-0511 of the environmental conservation law, all moneys to be 28 deposited from the Northville settlement pursuant to section one hundred 29 twenty-four of chapter three hundred nine of the laws of nineteen 30 hundred ninety-six, provided however, that such moneys shall only be 31 used for the cost of the purchase of private lands in the core area of 32 the central Suffolk pine barrens pursuant to a consent order with the 33 Northville industries signed on October thirteenth, nineteen hundred 34 ninety-four and the related resource restoration and replacement plan, 35 the amount of penalties required to be deposited therein by section 36 71-2724 of the environmental conservation law, all moneys required to be 37 deposited pursuant to article thirty-three of the environmental conser- 38 vation law, all fees collected pursuant to subdivision eight of section 39 70-0117 of the environmental conservation law[, as added by a chapter of 40 the laws of two thousand nine], all moneys collected pursuant to title 41 thirty-three of article fifteen of the environmental conservation law[, 42 as added by a chapter of the laws of two thousand nine], ALL MONEYS 43 REQUIRED TO BE DEPOSITED PURSUANT TO SECTION 27-1012 OF THE ENVIRON- 44 MENTAL CONSERVATION LAW and all other moneys credited or transferred 45 thereto from any other fund or source pursuant to law. All such revenue 46 shall be initially deposited into the environmental protection fund, for 47 application as provided in subdivision five of this section. 48 S 3. This act shall take effect immediately.