NY State Senate Bill 2009-S1356

Senate Bill S1356

2009-2010 Legislative Session

Revises the New York state returnable container act so as to cover additional beverages and unclaimed deposits; increases deposit amount, handling fee; repealer

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Jan 06, 2010	referred to environmental conservation
Jan 28, 2009	referred to environmental conservation

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2009-S1356 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1001, 27-1003, 27-1009, 27-1011 & 27-1013, rpld & add §§27-1005 & 27-1007, rpld §27-1011 sub 2, add §§20-1012, 27-1016, 27-1018 & 27-1019, ren §27-1019 to be §20-1020, En Con L; amd §92-s, St Fin L

2009-S1356 (ACTIVE) - Summary

Increases the deposit on returnable beverage containers to 10 cents and expands definition of beverage to include non-carbonated flavored drinks and bottled waters, with the exception of frozen or powdered concentrates, fresh milk, milk substitutes, drinks which contain 70% or more natural fruit or vegetable juices, and medicines; provides for recapture of unclaimed deposits and allocates proceeds therefrom to the environmental protection fund for local assistance to municipalities for recycling and other municipal environmental projects, with proceeds distributed according to population of the municipality; makes other related provisions including mandatory acceptance of beverage containers.

2009-S1356 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1356

 TITLE OF BILL :
An act to amend the environmental conservation law and the state
finance law, in relation to returnable beverage containers; and to
repeal sections 27-1005 and 27-1007 and subdivision 2 of section
27-1011 of the environmental conservation law relating thereto


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would expand the bottle law to include: non-carbonated
flavored drinks and bottled waters, frozen or powdered concentrates,
fresh milk, milk substitutes, drinks which contain 70% or more natural
fruit or vegetable juices, and medicines not considered beverages.
Additionally the bill would increase the bottle deposit from five
cents to ten cents. On unclaimed deposits the state would retain five
cents and the deposit initiator five cents on beverage containers. The
money retained by the deposit initiator is to help cover the cost of
the handling fee on returned beverage containers.  The handling fee
paid to the retailer would be increased from two cents to two and
one-half cents.

The bill would provide that the State's share of the unclaimed
deposits would be deposited into the Environmental Protection Fund.
Finally, the bill would provide that the additional EPF monies be
distributed to municipalities according to population for any

municipal, non-hazardous landfill closure project, waste reduction or
recycling project, park project, historic preservation project,
heritage area project, or local waterfront revitalization project.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1. Amends the legislative findings of the 1982 New York state
returnable container act (RCA), section 27-1001 of the environmental
conservation law (ECL).

§ 2. Amends subdivision 1 of section 27-1003 of the ECL to include:
non-carbonated flavored drinks and bottled water to the definition of
beverage under the RCA. Excluded from this definition are: frozen or
powdered concentrates, fresh milk, milk substitutes, drinks which
contain seventy per cent or more of natural fruit or vegetable juices
and medicines.

§ 3. Adds five new subdivisions 12, 13, 14, 15 and 16 to section
27-1003 of the ECL to define: beverage manufacturer, refund value,
reverse vending machine, and third party agent.

§ 4. REPEALS sections 27-1005 and 27-1007 of the ECL and adds new
sections 27-1005 and 27-1007. Section 27-1005 provides that beverages
sold in New York State must have a refund value of not less than 10
cents and the refund value must be clearly indicated on the container.
Section 27-1007 articulates the process by which bottles are redeemed.
In addition, it places restrictions on the number of returnables that
may be returned in cities with a population of one million or more.

§ 5. Amends section 27-1009 of the ECL to replace the term distributor
with deposit initiator or' agent acting on behalf of a deposit
initiator.

§ 6. REPEALS subdivision 2 of section 27-1011 of the ECL and
subdivisions 3 and 4 are renumbered subdivisions 2 and 3.

§ 7. Amends section 27-1013 of the ECL to replace the term distributor
with deposit initiator or agent acting on behalf of a deposit
initiator.


§ 8. Adds a new section 27-1012 to the ECL to establish a refund value
account, which is composed of the money the deposit initiators collect
for deposit, and establishes the account in trust for the state. This
section also sets up the rules and regulations regarding t,he account,
the account's maintenance, and penalties for those who fail to follow
the law.

§ 9. Amends section 92-s of the state finance law to add a new
unclaimed beverage container deposits state assistance to
municipalities account in the Environmental Protection Fund.
Additionally, the additional EPF monies would be distributed to
municipalities according to population for any municipal,
non-hazardous landfill closure project, waste reduction or recycling
project, park project, historic preservation. project, heritage area
project, or local waterfront revitalization project.

§ 10. Adds a new section 27-1016 to the EeL to deal with unclaimed
deposits on beverage containers. This section establishes that on
unclaimed deposits the state will retain five cents and the deposit
initiator five cents on beverage containers with a deposit of ten
cents.  Furthermore, the commissioner of taxation and finance will
deposit up to $50 million into the EPF with any additional revenues to
be deposited into the General Fund.

§ 11. Adds new sections 27-1018 and 27-1019 to the ECL. Section
27-1018 provides that distributor maintain record of all deposits
initiated, redeemed, and all handling fees. Section 27-1019 insists a
report of beverage container deposit and redemption statistics on or
after October first of each year.

§ 12. Effective Date.

 JUSTIFICATION :
The success in cleaning up the environment of beverage containers that
has already been met should be sufficient reason to broaden the types
of containers which this law should regulate. On top of helping the
state better manage its solid waste by requiring a deposit on most
beverage containers, this bill increases the deposit, on beverage
Containers as an added incentive for Customers to return their bottles
for recycling.  The current statute applies only to carbonated soft
drinks, mineral water, beer and wine coolers, Thus, the law does not
include bottled water, sports drinks, fruit juices, and other popular
beverages that are now being sold in far greater quantities than when
the returnable container law was first enacted. There is no
substantive basis for exempting these containers, and this bill
addresses this gap in the law by expanding the definition of
"beverage" to include such drinks.  The bill retains the current
exemptions for milk, wine and liquor.  This bill also retains the
money from those beverage containers which aren't redeemed. and allows
the deposit initiators to retain some of the unclaimed deposit money
to pay the 3 cent handling fee, thereby removing the burden of this
fee from the deposit initiators and ultimately from the cost the
consumer pays.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
There would be an annual increase of $50 million for local governments
for projects funded by the Environmental Protection Fund.

 EFFECTIVE DATE :
January 1st following enactment.

2009-S1356 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1356

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens.  KRUEGER,  DUANE, PARKER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT to amend the environmental conservation law and the state finance
  law, in relation to returnable  beverage  containers;  and  to  repeal
  sections  27-1005  and 27-1007 and subdivision 2 of section 27-1011 of
  the environmental conservation law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 27-1001 of the environmental conservation law, as
added by chapter 200 of the laws of 1982, is amended to read as follows:
S 27-1001.  Legislative findings.
  The legislature hereby finds that litter composed of discarded  [soft-
drink,  beer  and ale] bottles and cans, ESPECIALLY BEVERAGE CONTAINERS,
is a growing problem of state concern and a direct threat to the  health
and  safety  of  the citizens of this state.  Discarded beverage bottles
and cans create a hazard to vehicular  traffic,  a  source  of  physical
injury to pedestrians, farm animals and machinery and an unsightly accu-
mulation  of  litter  which  must  be  disposed  of at increasing public
expense. Beverage bottles and cans also create an  unnecessary  addition
to  the state's and municipalities' already overburdened solid waste and
refuse disposal systems. Unsegregated disposal of such bottles and  cans
creates  an  impediment  to the efficient operation of resource recovery
plants. Further, the legislature finds that the uninhibited  discard  of
beverage  containers  constitutes  a  waste  of  both mineral and energy
resources. The legislature hereby finds that requiring a deposit on  all
beverage  containers,  along  with  certain other facilitating measures,
will provide a necessary incentive for the  economically  efficient  and
environmentally benign collection and recycling of such containers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01180-01-9

S. 1356                             2

  S  2.  Subdivision 1 of section 27-1003 of the environmental conserva-
tion law, as amended by chapter 778 of the laws of 1988, is  amended  to
read as follows:
  1.  "Beverage"  means  carbonated soft drinks, NON-CARBONATED FLAVORED
DRINKS, BOTTLED WATER CONSISTING OF mineral water,  soda  water  OR  ANY
OTHER  FORM  OF  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.  "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 or malt liquor.   THE FOLLOWING  SHALL  BE  DEEMED
EXCLUDED FROM THE DEFINITION OF A "BEVERAGE": FROZEN OR POWDERED CONCEN-
TRATES,  FRESH  MILK, MILK SUBSTITUTES, DRINKS WHICH CONTAIN SEVENTY PER
CENTUM OR MORE OF NATURAL FRUIT OR VEGETABLE JUICES, AND MEDICINES.
  S 3. Section 27-1003 of the environmental conservation law is  amended
by  adding  five  new  subdivisions  12,  13,  14,  15 and 16 to read as
follows:
  12.  "BEVERAGE MANUFACTURER" MEANS A PERSON WHO:
  A.  BOTTLES, CANS OR OTHERWISE PACKAGES BEVERAGES IN BEVERAGE CONTAIN-
ERS EXCEPT THAT IF SUCH PACKAGING IS FOR A DISTRIBUTOR HAVING THE  RIGHT
TO  BOTTLE,  CAN  OR  OTHERWISE PACKAGE THE SAME BRAND OF BEVERAGE, THEN
SUCH DISTRIBUTOR SHALL BE THE BEVERAGE MANUFACTURER; OR
  B. IMPORTS FILLED BEVERAGE CONTAINERS INTO THE UNITED STATES.
  13. A "DEPOSIT INITIATOR" FOR EACH  BEVERAGE  CONTAINER  FOR  WHICH  A
REFUND  VALUE  IS  ESTABLISHED UNDER SECTION 27-1005 OF THIS TITLE SHALL
BE:
  A. THE BEVERAGE MANUFACTURER WITH RESPECT TO SUCH  CONTAINER  IF  SUCH
MANUFACTURER:
  (I) MAINTAINS A PLACE OF BUSINESS IN THIS STATE; OR
  (II)  TRANSPORTS  OR  CAUSES  TO  BE TRANSPORTED, OTHER THAN BY COMMON
CARRIER, BEVERAGE CONTAINERS INTO THIS STATE; OR
  (III) SOLICITS BUSINESS EITHER BY EMPLOYEES, INDEPENDENT  CONTRACTORS,
AGENTS, OR OTHER REPRESENTATIVES IN THIS STATE; OR
  (IV)  PERFORMS ANY OTHER ACTIVITY THAT CREATES A NEXUS FOR PURPOSES OF
THE IMPOSITION OF THE REQUIREMENTS OF THIS TITLE UNDER THE  CONSTITUTION
OF  THE  UNITED  STATES  AND  APPLICABLE DECISIONAL LAW INTERPRETING THE
SAME.
  B. A DISTRIBUTOR OF SUCH CONTAINER IF SUCH DISTRIBUTOR'S  PURCHASE  OF
SUCH CONTAINER WAS NOT, DIRECTLY OR INDIRECTLY, FROM A REGISTERED DEPOS-
IT INITIATOR, AND THE DISTRIBUTOR:
  (I) MAINTAINS A PLACE OF BUSINESS IN THIS STATE; OR
  (II)  TRANSPORTS  OR  CAUSES  TO  BE TRANSPORTED, OTHER THAN BY COMMON
CARRIER, BEVERAGE CONTAINERS INTO THIS STATE; OR
  (III) SOLICITS BUSINESS EITHER BY EMPLOYEES, INDEPENDENT  CONTRACTORS,
AGENTS OR OTHER REPRESENTATIVES IN THIS STATE; OR
  (IV)  PERFORMS ANY OTHER ACTIVITY THAT CREATES A NEXUS FOR PURPOSES OF
THE IMPOSITION OF THE REQUIREMENTS OF THIS TITLE UNDER THE  CONSTITUTION
OF  THE  UNITED  STATES  AND  APPLICABLE DECISIONAL LAW INTERPRETING THE
SAME.
  C. ANY BEVERAGE MANUFACTURER OR DISTRIBUTOR, PURSUANT TO  AN  ELECTION
FILED WITH THE COMMISSIONER OF TAXATION AND FINANCE, IF PERMITTED PURSU-
ANT TO REGULATIONS PROMULGATED BY SUCH COMMISSIONER.
  D. A DEALER WITH RESPECT TO SUCH CONTAINER WHO SELLS SUCH CONTAINER IN
THIS  STATE, WHOSE PURCHASE OF SUCH CONTAINER WAS NOT, DIRECTLY OR INDI-
RECTLY, FROM A REGISTERED DEPOSIT INITIATOR.

S. 1356                             3

  ANY BEVERAGE MANUFACTURER, DISTRIBUTOR OR DEALER MAY APPOINT A  DESIG-
NEE  TO  PERFORM  ITS OBLIGATIONS AS A DEPOSIT INITIATOR AS DESCRIBED IN
SECTION 27-1013 OF THIS TITLE, IN WHICH  EVENT  THE  LIABILITY  OF  SUCH
BEVERAGE MANUFACTURER, DISTRIBUTOR, OR DEALER AND OF SUCH DESIGNEE THER-
EOF,  UNDER  SECTION  27-1013 OF THIS TITLE, SHALL BE JOINT AND SEVERAL.
THE DEPARTMENT AND THE DEPARTMENT  OF  TAXATION  AND  FINANCE  SHALL  BE
INFORMED  OF  ANY SUCH DESIGNATION IN A MANNER PRESCRIBED BY THE DEPART-
MENT.
  14. "REFUND VALUE" MEANS THE  DEPOSIT  ON  A  BEVERAGE  CONTAINER,  AS
PROVIDED  IN  SECTION 27-1005 OF THIS TITLE, THE TITLE TO WHICH SHALL BE
HELD BY THE STATE OF NEW YORK UNTIL REDEEMED, OR AS HEREIN PROVIDED, FOR
UNREDEEMED BEVERAGE CONTAINERS.
  15. "REVERSE VENDING  MACHINE"  MEANS  A  DEVICE  WHICH  AUTOMATICALLY
PROVIDES  A  RECEIPT  FOR  A REFUND VALUE OR A REFUND TO A REDEEMER OF A
BEVERAGE CONTAINER IN THE AMOUNT OF THE REFUND  VALUE  OF  THE  BEVERAGE
CONTAINER,  UPON  PLACEMENT  OF  THE BEVERAGE CONTAINER ON OR WITHIN THE
DEVICE FOR ELECTRONIC VALIDATION OF DEPOSIT REQUIREMENTS.
  16. "THIRD PARTY AGENT" MEANS A PERSON WHO CONTRACTS WITH ONE OR  MORE
MANUFACTURERS,  DEALERS  OR  DISTRIBUTORS  TO COLLECT, SORT OR OTHERWISE
HANDLE EMPTY BEVERAGE CONTAINERS FOR OR ON BEHALF OF SUCH MANUFACTURERS,
DEALERS OR DISTRIBUTORS.
  S 4. Sections 27-1005 and 27-1007 of  the  environmental  conservation
law  are  REPEALED and two new sections 27-1005 and 27-1007 are added to
read as follows:
S 27-1005. REFUND VALUE.
  NO PERSON SHALL SELL OR, IN THE CASE OF A PERSON OTHER THAN A  DEPOSIT
INITIATOR,  OFFER FOR SALE A BEVERAGE CONTAINER IN THIS STATE UNLESS THE
DEPOSIT THEREON IS OR HAS BEEN INITIATED BY A REGISTERED DEPOSIT  INITI-
ATOR AND UNLESS SUCH CONTAINER HAS:
  1. A REFUND VALUE OF NOT LESS THAN TEN CENTS;
  2.  THE  REFUND VALUE CLEARLY INDICATED THEREON AS PROVIDED IN SECTION
27-1011 OF THIS TITLE.
S 27-1007. MANDATORY ACCEPTANCE.
  EXCEPT AS PROVIDED IN SECTION 27-1009 OF THIS TITLE:
  1. A DEALER SHALL ACCEPT AT HIS  OR  HER  PLACE  OF  BUSINESS  FROM  A
REDEEMER  ANY  EMPTY  BEVERAGE  CONTAINERS  OF  THE DESIGN, SHAPE, SIZE,
COLOR, COMPOSITION AND BRAND SOLD BY THE DEALER, AND SHALL  PAY  TO  THE
REDEEMER THE REFUND VALUE OF EACH SUCH BEVERAGE CONTAINER AS ESTABLISHED
BY SECTION 27-1005 OF THIS TITLE. REDEMPTIONS OF REFUND VALUE MUST BE IN
LEGAL  TENDER.    THE USE OR PRESENCE OF A REVERSE VENDING MACHINE SHALL
NOT RELIEVE A  DEALER  OF  ANY  OBLIGATIONS  IMPOSED  PURSUANT  TO  THIS
SECTION.  ON  ANY  DAY  THAT  A DEALER IS OPEN FOR LESS THAN TWENTY-FOUR
HOURS, THE DEALER MAY RESTRICT OR REFUSE THE PAYMENT  OF  REFUND  VALUES
DURING THE FIRST AND LAST HOUR THAT THE DEALER IS OPEN FOR BUSINESS.
  2.  A  DEPOSIT INITIATOR OR AGENT ACTING ON BEHALF OF A DEPOSIT INITI-
ATOR SHALL ACCEPT FROM A DEALER OR OPERATOR OF A REDEMPTION  CENTER  ANY
EMPTY BEVERAGE CONTAINERS OF THE DESIGN, SHAPE, SIZE, COLOR, COMPOSITION
AND  BRAND SOLD BY THE DISTRIBUTOR, AND SHALL PAY THE DEALER OR OPERATOR
OF A REDEMPTION CENTER THE REFUND VALUE OF EACH SUCH BEVERAGE  CONTAINER
AS ESTABLISHED BY SECTION 27-1005 OF THIS TITLE.
  3.  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 CENTS FOR EACH BEVERAGE CONTAINER ACCEPTED BY THE  DEPOSIT  INITI-
ATOR  FROM  SUCH DEALER, OPERATOR OF A REDEMPTION CENTER, DISTRIBUTOR OR
THIRD PARTY AGENT. PAYMENT OF THE HANDLING FEE SHALL BE AS  COMPENSATION

S. 1356                             4

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.  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.
  3-A.  ON  OR  AFTER, JANUARY FIRST, TWO THOUSAND TEN, IN A CITY WITH A
POPULATION GREATER THAN ONE MILLION, A DEALER MAY LIMIT  THE  NUMBER  OF
EMPTY  BEVERAGE CONTAINERS TO BE ACCEPTED FOR REDEMPTION AT THE DEALER'S
PLACE OF BUSINESS TO NO LESS THAN SEVENTY-TWO CONTAINERS PER VISIT,  PER
REDEEMER, PER DAY, PROVIDED THAT:
  A.  A  REDEMPTION  CENTER,  BE  IT  EITHER  A  LICENSED FIXED PHYSICAL
LOCATION THAT IS LOCATED IN THE SAME COUNTY AND WITHIN ONE-HALF MILE  OF
THE  DEALER'S  PLACE OF BUSINESS, OR A MOBILE REDEMPTION CENTER OPERATED
BY A LICENSED REDEMPTION CENTER THAT IS LOCATED WITHIN ONE-QUARTER  MILE
OF THE DEALER'S PLACE OF BUSINESS; AND THE REDEMPTION CENTER HAS A WRIT-
TEN  AGREEMENT  WITH  THE  DEALER  TO ACCEPT CONTAINERS ON BEHALF OF THE
DEALER; AND THE REDEMPTION CENTER'S HOURS OF OPERATION  COVER  AT  LEAST
9:00  A.M. THROUGH 7:00 P.M. DAILY OR IN THE CASE OF A MOBILE REDEMPTION
CENTER, THE HOURS OF OPERATIONS COVER AT LEAST  FOUR  CONSECUTIVE  HOURS
BETWEEN  8:00 A.M. AND 8:00 P.M. DAILY; AND THE DEALER POSTS A CONSPICU-
OUS, PERMANENT SIGN OPEN TO PUBLIC VIEW, IDENTIFYING  THE  LOCATION  AND
HOURS OF OPERATION OF THE AFFILIATED REDEMPTION CENTER OR MOBILE REDEMP-
TION CENTER; OR
  B.  THE  DEALER  PROVIDES, AT A MINIMUM, A CONSECUTIVE TWO HOUR PERIOD
BETWEEN 7:00 A.M. AND 7:00 P.M. DAILY WHEREBY THE DEALER WILL ACCEPT  UP
TO  TWO  HUNDRED  FORTY  CONTAINERS,  PER REDEEMER, PER DAY, AND POSTS A
CONSPICUOUS, PERMANENT SIGN, OPEN TO THE PUBLIC VIEW, IDENTIFYING  THOSE
HOURS.  THE  DEALER MAY NOT CHANGE THE HOURS OF REDEMPTION WITHOUT FIRST
POSTING A THIRTY DAY NOTICE; OR
  C. THE DEALER'S PRIMARY BUSINESS IS THE SALE OF FOOD OR BEVERAGES  FOR
CONSUMPTION  OFF-PREMISES,  AND  THE  DEALER'S PLACE OF BUSINESS IS LESS
THAN EIGHT THOUSAND SQUARE FEET IN SIZE.
  4. A DEPOSIT INITIATOR OR AGENT ACTING ON BEHALF OF A  DEPOSIT  INITI-
ATOR  ON  A  BRAND SHALL ACCEPT FROM A DISTRIBUTOR WHO DOES NOT INITIATE
DEPOSITS ON THAT BRAND ANY EMPTY BEVERAGE CONTAINERS OF THAT  BRAND  AND
SHALL  PAY  THE  DISTRIBUTOR  THE  REFUND  VALUE  OF  EACH SUCH BEVERAGE
CONTAINER, AS ESTABLISHED BY SECTION 27-1005 OF THIS TITLE. IN ADDITION,
THE DEPOSIT INITIATOR SHALL PAY TO SUCH DISTRIBUTOR FOR EACH SUCH BEVER-
AGE CONTAINER THE HANDLING FEE ESTABLISHED UNDER  SUBDIVISION  THREE  OF
THIS SECTION.
  5.  NO PERSON SHALL RETURN OR ASSIST ANOTHER TO RETURN AN EMPTY BEVER-
AGE CONTAINER FOR ITS REFUND VALUE IF SUCH CONTAINER HAD PREVIOUSLY BEEN
ACCEPTED FOR REDEMPTION BY A DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON
BEVERAGE CONTAINERS OF THE SAME BRAND.
  6. NOTWITHSTANDING THE PROVISIONS OF SECTION 27-1009 OF THIS TITLE,  A
DEPOSIT INITIATOR OR AGENT ACTING ON BEHALF OF A DEPOSIT INITIATOR SHALL
ACCEPT  BEVERAGE CONTAINERS AS PROVIDED IN THIS TITLE, IF THE DEALER, OR
OPERATOR OF A REDEMPTION CENTER SHALL HAVE ACCEPTED AND PAID THE  REFUND
VALUE OF SUCH BEVERAGE CONTAINERS.
  7.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE TO THE CONTRARY,
A DISTRIBUTOR, DEALER, OR OPERATOR OF A REDEMPTION CENTER  SHALL  ACCEPT
ALL  BEVERAGE  CONTAINERS MARKED FOR DEPOSIT IN NEW YORK STATE AND SHALL
PAY THE REFUND VALUE MARKED ON THE BEVERAGE CONTAINER.
  S 5. Section 27-1009 of the environmental conservation law,  as  added
by chapter 200 of the laws of 1982, is amended to read as follows:

S. 1356                             5

S 27-1009.  Refusal of acceptance.
  1.  A  dealer  or operator of a redemption center may refuse to accept
from a redeemer, and a [distributor] DEPOSIT INITIATOR'S AGENT ACTING ON
BEHALF OF A DEPOSIT INITIATOR OR THIRD PARTY AGENT may refuse to  accept
from  a  dealer  or  operator  of a redemption center any empty beverage
container which does not state thereon a refund value as established  by
section 27-1005 and provided by section 27-1011 of this title.
  2.  A  dealer  or  operator  of a redemption center may also refuse to
accept any broken bottle, corroded or dismembered can, or  any  beverage
container  which  contains  a significant amount of foreign material, as
determined in rules and regulations to be promulgated by the commission-
er. [Notwithstanding the provisions of this subdivision,  a  distributor
shall  accept  beverage  containers  as  provided  in subdivision two of
section 27-1007 of this title, if the dealer  shall  have  accepted  and
paid the refund value of such beverage containers.]
  S  6.  Subdivision 2 of section 27-1011 of the environmental conserva-
tion law is REPEALED and subdivisions 3 and 4  are  renumbered  subdivi-
sions 2 and 3.
  S 7. Section 27-1013 of the environmental conservation law, as amended
by chapter 149 of the laws of 1983, is amended to read as follows:
S 27-1013.  Redemption centers.
  The  commissioner  is  hereby  empowered to promulgate rules and regu-
lations governing (1) the circumstances in which dealers  and  distribu-
tors, individually or collectively, are required to accept the return of
empty beverage containers, and make payment therefor; (2) the sorting of
the  containers  which a [distributor] DEPOSIT INITIATOR OR AGENT ACTING
ON BEHALF OF A DEPOSIT INITIATOR may require of dealers  and  redemption
centers; (3) the [pick up] COLLECTION of returned beverage containers by
[distributors]  A  DEPOSIT INITIATOR'S AGENT ACTING ON BEHALF OF DEPOSIT
INITIATORS, OR THIRD PARTY AGENTS  including  the  party  to  whom  such
expense is to be charged, the frequency of such pick ups and the payment
for  refunds  and  handling  fees  thereon;  (4) the right of dealers to
restrict or limit the number  of  containers  redeemed,  the  rules  for
redemption  at  the  dealers'  place  of business, and the redemption of
containers from a beverage for which sales have been  discontinued,  and
to  issue  permits  to  persons,  firms  or corporations which establish
redemption centers, subject to applicable provisions of local and  state
laws,  at which redeemers and dealers may return empty beverage contain-
ers and receive payment of the refund value of such beverage containers.
No dealer or distributor, as defined in section 27-1003 OF  THIS  TITLE,
shall  be  required to obtain a permit to operate a redemption center at
the same location as the dealer's or distributor's  place  of  business.
Operators of such redemption centers shall receive payment of the refund
value  of  each beverage container from the appropriate [manufacturer or
distributor] DEPOSIT INITIATOR  as  provided  under  [sections]  SECTION
27-1007 [and 27-1009] of this title.
  S  8.  The  environmental  conservation law is amended by adding a new
section 27-1012 to read as follows:
S 27-1012. DEPOSIT AND DISPOSITION OF REFUND VALUES.
  1. EACH DEPOSIT INITIATOR SHALL DEPOSIT IN A REFUND VALUE  ACCOUNT  AN
AMOUNT  EQUAL TO THE REFUND VALUE REQUIRED TO BE INITIATED UNDER SECTION
27-1005 OF THIS TITLE WHICH IS RECEIVED WITH RESPECT  TO  EACH  BEVERAGE
CONTAINER  SOLD  BY SUCH DEPOSIT INITIATOR. SUCH DEPOSIT INITIATOR SHALL
HOLD SUCH AMOUNTS IN TRUST FOR THE STATE. A REFUND VALUE  ACCOUNT  SHALL
BE  AN  INTEREST-BEARING  ACCOUNT  ESTABLISHED  IN A BANKING INSTITUTION
APPROVED BY THE COMMISSIONER OF TAXATION AND FINANCE AND LOCATED IN THIS

S. 1356                             6

STATE, THE DEPOSITS IN WHICH ARE INSURED BY AN  AGENCY  OF  THE  FEDERAL
GOVERNMENT.   DEPOSITS OF SUCH AMOUNTS SHALL BE MADE NOT LESS FREQUENTLY
THAN EVERY FIVE BUSINESS DAYS.   ALL  INTEREST,  DIVIDENDS  AND  RETURNS
EARNED  ON  THE  ACCOUNT  SHALL BE PAID DIRECTLY INTO SAID ACCOUNT. SUCH
MONEYS SHALL BE KEPT SEPARATE AND APART FROM ALL  OTHER  MONEYS  IN  THE
POSSESSION  OF  THE  DEPOSIT INITIATOR. THE COMMISSIONER OF TAXATION AND
FINANCE MAY SPECIFY A SYSTEM OF ACCOUNTS AND RECORDS  TO  BE  MAINTAINED
WITH RESPECT TO ACCOUNTS ESTABLISHED UNDER THIS SUBDIVISION.
  2. PAYMENTS OF REFUND VALUES PURSUANT TO SECTION 27-1007 OF THIS TITLE
AND  PAYMENTS  MADE  PURSUANT  TO SECTION 27-1016 OF THIS TITLE SHALL BE
PAID FROM SUCH REFUND VALUE ACCOUNT. NO OTHER PAYMENT OR WITHDRAWAL FROM
SUCH ACCOUNT MAY BE MADE EXCEPT AS PRESCRIBED BY THIS TITLE.
  3. EACH DEPOSIT  INITIATOR  SHALL  FILE  QUARTERLY  REPORTS  WITH  THE
COMMISSIONER  OF  TAXATION  AND  FINANCE  ON  A  FORM  AND IN THE MANNER
PRESCRIBED BY SUCH COMMISSIONER. THE QUARTERLY REPORTS REQUIRED BY  THIS
SUBDIVISION  SHALL BE FILED FOR THE QUARTERLY PERIODS ENDING ON THE LAST
DAY OF MAY, AUGUST, NOVEMBER AND FEBRUARY OF EACH YEAR,  AND  EACH  SUCH
REPORT  SHALL BE FILED WITHIN TWENTY DAYS AFTER THE END OF THE QUARTERLY
PERIOD COVERED THEREBY.  EACH SUCH REPORT SHALL INCLUDE, IN ADDITION  TO
ANY OTHER INFORMATION SUCH COMMISSIONER SHALL DETERMINE APPROPRIATE, THE
FOLLOWING INFORMATION:
  A.    THE  BALANCE IN THE REFUND VALUE ACCOUNT AT THE BEGINNING OF THE
QUARTER FOR WHICH THE REPORT IS PREPARED;
  B.  ALL SUCH DEPOSITS CREDITED TO SUCH ACCOUNT AND ALL INTEREST, DIVI-
DENDS OR RETURNS RECEIVED ON SUCH ACCOUNT, DURING SUCH QUARTER;
  C. ALL WITHDRAWALS FROM SUCH ACCOUNT DURING  SUCH  QUARTER,  INCLUDING
ALL REIMBURSEMENTS PAID PURSUANT TO SUBDIVISION TWO OF THIS SECTION, ALL
SERVICE CHARGES ON THE ACCOUNT, AND ALL PAYMENTS MADE PURSUANT TO SUBDI-
VISION FOUR OF THIS SECTION; AND
  D.  THE BALANCE IN SUCH ACCOUNT AT THE CLOSE OF SUCH QUARTER.
  4.  A.  AN AMOUNT EQUAL TO THE BALANCE OUTSTANDING IN THE 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. IF THE PROVISIONS OF
THIS  SECTION  WITH RESPECT TO SUCH ACCOUNT HAVE NOT BEEN FULLY COMPLIED
WITH, EACH DEPOSIT INITIATOR SHALL PAY  TO  SUCH  COMMISSIONER  AT  SUCH
TIME,  IN  LIEU  OF  THE  AMOUNT DESCRIBED IN THE PRECEDING SENTENCE, AN
AMOUNT EQUAL TO THE BALANCE WHICH WOULD HAVE BEEN  OUTSTANDING  ON  SUCH
DATE HAD SUCH PROVISIONS BEEN FULLY COMPLIED WITH.
  B.  ALL  MONEYS COLLECTED OR RECEIVED BY SUCH COMMISSIONER PURSUANT TO
THIS SECTION SHALL BE DEPOSITED AND DISPOSED OF IN THE  MANNER  PROVIDED
BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW ("DEPOSIT AND DISPO-
SITION  OF REVENUE"); PROVIDED, HOWEVER, THAT THE PAYMENT INTO THE STATE
TREASURY PROVIDED FOR IN SUCH SECTION ONE HUNDRED SEVENTY-ONE-A  OF  THE
TAX  LAW SHALL BE TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND FOR
SUBSEQUENT TRANSFER TO THE UNCLAIMED BEVERAGE CONTAINER  DEPOSITS  STATE
ASSISTANCE  TO  MUNICIPALITIES ACCOUNT IN ACCORDANCE WITH THE PROVISIONS
OF SUBDIVISION TWO OF SECTION NINETY-TWO-S OF THE STATE FINANCE LAW  AND
PROVIDED, FURTHER, THAT WHEREVER INCONSISTENT, THE PROVISIONS OF SECTION
NINETY-TWO-S  OF THE STATE FINANCE LAW SHALL PREVAIL OVER THE PROVISIONS
OF SUCH SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW. THE AMOUNT  TO
BE  DEPOSITED  INTO THE ENVIRONMENTAL PROTECTION FUND SHALL BE CERTIFIED
TO THE COMPTROLLER BY THE COMMISSIONER OF TAXATION AND FINANCE OR HIS OR
HER DELEGATE, WHO SHALL DETERMINE SUCH AMOUNT TO THE BEST OF HIS OR  HER
ABILITY  FROM ALL INFORMATION IN HIS OR HER POSSESSION BUT WHO SHALL NOT
BE HELD LIABLE FOR ANY INACCURACY IN SUCH CERTIFICATE. WHERE THE  AMOUNT

S. 1356                             7

SO DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND IN ANY SUCH DISTRIB-
UTION  IS MORE OR LESS THAN THE AMOUNT THEN DUE TO SUCH FUND, THE AMOUNT
OF THE OVERPAYMENT OR UNDERPAYMENT SHALL BE CERTIFIED TO THE COMPTROLLER
BY  THE  COMMISSIONER OF TAXATION AND FINANCE OR HIS OR HER DELEGATE, AS
AFORESAID, BUT HE OR SHE SHALL NOT BE HELD LIABLE FOR ANY INACCURACY  IN
SUCH CERTIFICATE. THE AMOUNT OF THE OVERPAYMENT OR UNDERPAYMENT SHALL BE
SO CERTIFIED TO THE COMPTROLLER AS SOON AFTER THE DISCOVERY OF THE OVER-
PAYMENT  OR  UNDERPAYMENT AS REASONABLY POSSIBLE AND SUBSEQUENT PAYMENTS
AND DISTRIBUTIONS BY THE COMPTROLLER  TO  THE  ENVIRONMENTAL  PROTECTION
FUND SHALL BE ADJUSTED BY SUBTRACTING THE AMOUNT OF ANY SUCH OVERPAYMENT
FROM  OR BY ADDING THE AMOUNT OF ANY SUCH UNDERPAYMENT TO SUCH NUMBER OF
SUBSEQUENT PAYMENTS AND DISTRIBUTIONS AS THE COMPTROLLER AND THE COMMIS-
SIONER OF TAXATION AND FINANCE SHALL CONSIDER REASONABLE IN VIEW OF  THE
AMOUNT OF THE OVERPAYMENT OR UNDERPAYMENT AND ALL OTHER FACTS OR CIRCUM-
STANCES.
  5. FROM THE MONEYS RECEIVED AND COLLECTED BY THE COMMISSIONER OF TAXA-
TION  AND  FINANCE  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, WITHIN
THIRTY DAYS OF THE DATE THE SUM OF SUCH MONEYS FIRST EXCEEDS  AN  AMOUNT
EQUAL  TO ONE HUNDRED MILLION DOLLARS, ONE HUNDRED MILLION DOLLARS SHALL
BE DEPOSITED BY THE COMPTROLLER TO  THE  ENVIRONMENTAL  PROTECTION  FUND
ESTABLISHED  PURSUANT  TO  SECTION NINETY-TWO-S OF THE STATE FINANCE LAW
FOR DISPOSITION AS PROVIDED UNDER SUCH SECTION; AND ONE HUNDRED  MILLION
DOLLARS  SHALL  BE  REQUIRED  TO BE DEPOSITED ANNUALLY THEREAFTER TO THE
ENVIRONMENTAL PROTECTION FUND IN THE FOLLOWING MANNER: ON OR BEFORE  THE
TWELFTH  DAY OF EACH MONTH AFTER SUCH FIRST DEPOSIT (EXCEPTING THE FIRST
AND SECOND MONTHS OF EACH FISCAL YEAR), THE  COMPTROLLER  SHALL  DEPOSIT
INTO  SUCH  FUND FROM THE MONEYS RECEIVED AND COLLECTED PURSUANT TO SUCH
SUBDIVISION FOUR OF THIS SECTION WHICH HAVE BEEN DEPOSITED AND REMAIN TO
THE CREDIT OF THE STATE COMMISSIONER OF  TAXATION  AND  FINANCE  OR  THE
STATE  COMPTROLLER  IN  THE  BANKS,  BANKING  HOUSES  OR TRUST COMPANIES
REFERRED TO IN SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW  AT  THE
CLOSE  OF  BUSINESS  ON  THE  LAST DAY OF THE PRECEDING MONTH, AN AMOUNT
EQUAL TO ONE-TENTH OF THE ANNUAL AMOUNT REQUIRED TO BE DEPOSITED IN SUCH
FUND PURSUANT TO THIS SUBDIVISION FOR THE  FISCAL  YEAR  IN  WHICH  SUCH
DEPOSIT  IS  REQUIRED  TO BE MADE. IN THE EVENT SUCH AMOUNT OF MONEYS SO
REMAINING TO THE CREDIT  OF  THE  STATE  COMMISSIONER  OF  TAXATION  AND
FINANCE  OR THE STATE COMPTROLLER IS LESS THAN THE AMOUNT REQUIRED TO BE
DEPOSITED IN SUCH FUND BY THE COMPTROLLER, AN AMOUNT EQUAL TO THE SHORT-
FALL SHALL BE DEPOSITED IN SUCH FUND BY THE COMPTROLLER WITH  SUBSEQUENT
DEPOSITS,  AS  SOON  AS THE REVENUE IS AVAILABLE. IF THE MONEYS RECEIVED
AND COLLECTED BY THE COMMISSIONER OF TAXATION AND  FINANCE  PURSUANT  TO
SUBDIVISION FOUR OF THIS SECTION DURING ANY STATE FISCAL YEAR EXCEED THE
SUM OF ONE HUNDRED MILLION DOLLARS BY THE CLOSE OF SUCH FISCAL YEAR, THE
SURPLUS  REMAINING  AT  THE  CLOSE OF THE FISCAL YEAR, TOGETHER WITH THE
INTEREST EARNED THEREON, SHALL REMAIN AVAILABLE FOR FUTURE APPROPRIATION
TO THE ENVIRONMENTAL PROTECTION FUND IN SUBSEQUENT FISCAL YEARS, AND MAY
BE UTILIZED: TO MAKE UP ANY SHORTFALL IN RECEIPTS FROM BEVERAGE CONTAIN-
ER DEPOSITS IN SUCH SUBSEQUENT FISCAL YEARS; TO RECOMPENSE  THE  DEPART-
MENT  OF  TAXATION  AND  FINANCE  FOR  THE  MONTHLY COST OF SERVICES AND
EXPENSES RELATED TO ADMINISTERING THE PROVISIONS OF THIS SECTION IN SUCH
SUBSEQUENT FISCAL YEARS; AND/OR FOR MUNICIPAL PROJECTS  IN  SUCH  SUBSE-
QUENT  FISCAL  YEARS, IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (C)
OF SUBDIVISION FIVE OF SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  6.   IF AT ANY TIME THE MONEYS  CONTAINED  IN  A  DEPOSIT  INITIATOR'S
REFUND  VALUE ACCOUNT ARE INSUFFICIENT TO PERMIT A WITHDRAWAL AUTHORIZED
BY THIS SECTION AND IF, AS A RESULT OF SUCH INSUFFICIENCY,  FUNDS  OTHER

S. 1356                             8

THAN  THOSE  CONTAINED  IN  SUCH ACCOUNT ARE USED TO MAKE PAYMENTS WHICH
OTHERWISE COULD HAVE BEEN MADE IN  ACCORDANCE  WITH  THIS  SECTION  FROM
MONEYS  CONTAINED IN SUCH ACCOUNT, SUCH DEPOSIT INITIATOR MAY, THEREAFT-
ER,  UPON APPROVAL OF THE COMMISSIONER OF TAXATION AND FINANCE, WITHDRAW
FROM SUCH ACCOUNT AND RETAIN FOR HIMSELF OR HERSELF AN AMOUNT  EQUAL  TO
SUCH PAYMENTS. NOTHING HEREIN SHALL BE CONSTRUED TO RELIEVE SUCH DEPOSIT
INITIATOR FROM AN OBLIGATION TO PAY EITHER THE REFUND VALUE AND HANDLING
FEE  FOR  EACH REDEEMED BEVERAGE CONTAINER IN ACCORDANCE WITH THIS TITLE
OR ANY AMOUNT REQUIRED BY SUBDIVISION FOUR OF THIS SECTION AT  THE  TIME
PRESCRIBED IN SUCH SUBDIVISION.
  7.  THE  COMMISSIONER AND THE COMMISSIONER OF TAXATION AND FINANCE MAY
PROMULGATE, AND SHALL CONSULT EACH OTHER IN PROMULGATING, SUCH RULES AND
REGULATIONS AS MAY BE NECESSARY OR DESIRABLE TO EFFECTUATE THE  PURPOSES
OF  THIS  SECTION.  THE COMMISSIONER SHALL PROVIDE ALL NECESSARY AID AND
ASSISTANCE TO THE COMMISSIONER OF TAXATION  AND  FINANCE  IN  CONNECTION
WITH  THE  ADMINISTRATION  AND  ENFORCEMENT  OF  THE  PROVISIONS OF THIS
SECTION.
  8.  A. EACH DEPOSIT INITIATOR SHALL REGISTER WITH THE COMMISSIONER  OF
TAXATION  AND  FINANCE  AS  A  DEPOSIT  INITIATOR UNDER THIS TITLE. SUCH
COMMISSIONER, UPON THE APPLICATION OF A DEPOSIT INITIATOR, SHALL, EXCEPT
AS OTHERWISE PROVIDED IN THIS SUBDIVISION, REGISTER SUCH DEPOSIT  INITI-
ATOR.    THE APPLICATION SHALL BE IN SUCH FORM AND CONTAIN SUCH INFORMA-
TION AND SHALL BE FILED AT SUCH TIME AND UNDER SUCH CONDITIONS, AS  SUCH
COMMISSIONER  MAY PRESCRIBE. NO DEPOSIT INITIATOR, UNLESS SO REGISTERED,
SHALL MAKE ANY SALE WITHIN THIS STATE OF BEVERAGE CONTAINERS,  EXCEPT  A
SALE,  IF  ANY,  AS  TO WHICH THIS STATE IS WITHOUT POWER TO IMPOSE SUCH
CONDITION.
  B. WHERE A PERSON FILES AN APPLICATION FOR REGISTRATION AS  A  DEPOSIT
INITIATOR  UNDER  THIS  SUBDIVISION, AND IN CONSIDERING SUCH APPLICATION
THE COMMISSIONER OF TAXATION AND FINANCE ASCERTAINS  THAT  (I)  ANY  TAX
IMPOSED  UNDER THE TAX LAW OR ANY RELATED STATUTE, AS DEFINED IN SECTION
EIGHTEEN HUNDRED OF THE TAX LAW, HAS BEEN FINALLY DETERMINED TO  BE  DUE
FROM  SUCH PERSON AND HAS NOT BEEN PAID IN FULL, OR (II) SUCH PERSON HAS
BEEN CONVICTED OF A CRIME PROVIDED FOR IN THE  TAX  LAW  OR  THIS  TITLE
WITHIN  ONE  YEAR  FROM  THE DATE ON WHICH SUCH APPLICATION IS FILED, OR
(III) SUCH PERSON'S REGISTRATION PURSUANT TO THIS SUBDIVISION  HAS  BEEN
REVOKED OR SUSPENDED WITHIN ONE YEAR FROM THE DATE ON WHICH THE APPLICA-
TION IS FILED, SUCH COMMISSIONER MAY REFUSE TO REGISTER THE APPLICANT AS
A DEPOSIT INITIATOR.
  C.   WHERE A PERSON WHO IS REGISTERED UNDER THIS SUBDIVISION (I) WILL-
FULLY FAILS TO FILE A REPORT REQUIRED BY THIS TITLE, OR  (II)  WILLFULLY
FILES, CAUSES TO BE FILED, GIVES OR CAUSES TO BE GIVEN A REPORT OR OTHER
DOCUMENT  REQUIRED  UNDER  THIS  TITLE WHICH IS FALSE, OR (III) HAS BEEN
CONVICTED OF A CRIME PROVIDED FOR IN THE TAX  LAW  OR  THIS  TITLE,  THE
COMMISSIONER  OF  TAXATION AND FINANCE MAY REVOKE OR SUSPEND SUCH REGIS-
TRATION.   PROVIDED, HOWEVER,  THAT  SUCH  COMMISSIONER  MAY  REVOKE  OR
SUSPEND  A  REGISTRATION  BASED ON THE GROUNDS SET FORTH IN SUBPARAGRAPH
(III) OF THIS PARAGRAPH ONLY WHERE THE CONVICTION REFERRED  TO  OCCURRED
NOT  MORE  THAN  ONE YEAR PRIOR TO THE DATE OF DELIVERY OF THE NOTICE OF
PROPOSED REVOCATION OR SUSPENSION.  SUCH NOTICE OF  PROPOSED  REVOCATION
OR  SUSPENSION  MUST BE GIVEN TO SUCH PERSON WITHIN THREE YEARS FROM THE
DATE OF THE ACT OR OMISSION DESCRIBED IN SUBPARAGRAPH (I) OF THIS  PARA-
GRAPH,  EXCEPT THAT IN THE CASE OF ACTS INVOLVING FALSITY OR FRAUD UNDER
SUBPARAGRAPH (II) OF THIS PARAGRAPH NOTICE MAY BE ISSUED AT ANY TIME.
  D. A NOTICE OF REFUSAL SHALL BE GIVEN TO A PERSON  APPLYING  FOR  SUCH
REGISTRATION  AND A NOTICE OF PROPOSED REVOCATION OR SUSPENSION SHALL BE

S. 1356                             9

GIVEN TO A PERSON REGISTERED PURSUANT TO THIS SUBDIVISION IN THE  MANNER
PRESCRIBED  FOR ISSUANCE OF A NOTICE OF DETERMINATION OF TAX UNDER ARTI-
CLE TWENTY-EIGHT OF THE TAX LAW AND ALL THE PROVISIONS OF  SUCH  ARTICLE
APPLICABLE  TO  A  NOTICE  OF DETERMINATION UNDER SECTION ELEVEN HUNDRED
THIRTY-EIGHT OF THE TAX LAW SHALL APPLY TO A NOTICE ISSUED  PURSUANT  TO
THIS PARAGRAPH, INSOFAR AS SUCH PROVISIONS CAN BE MADE APPLICABLE TO THE
NOTICE  AUTHORIZED  BY THIS PARAGRAPH, WITH SUCH MODIFICATIONS AS MAY BE
NECESSARY IN ORDER TO ADAPT THE  LANGUAGE  OF  SUCH  PROVISIONS  TO  THE
NOTICE  AUTHORIZED  BY  THIS PARAGRAPH. ALL SUCH NOTICES SHALL CONTAIN A
STATEMENT ADVISING THE PERSON TO WHOM IT IS ISSUED THAT  THE  NOTICE  OF
REFUSAL  OR  THE  NOTICE  OF  REVOCATION OR SUSPENSION MAY BE CHALLENGED
THROUGH A HEARING PROCESS AND THAT THE PETITION FOR SUCH CHALLENGE  MUST
BE  FILED  WITH THE DIVISION OF TAX APPEALS WITHIN NINETY DAYS AFTER THE
ISSUANCE DATE OF SUCH NOTICE. IN THE  CASE  OF  A  PERSON  APPLYING  FOR
REGISTRATION,  A  NOTICE OF REFUSAL TO REGISTER SHALL BE ISSUED PROMPTLY
AFTER RECEIPT OF SUCH APPLICATION.
  E.  UPON TIMELY APPLICATION THEREFOR, A HEARING  SHALL  BE  SCHEDULED,
AND  WITHIN  THREE MONTHS FROM SUCH APPLICATION FOR HEARING IN THE DIVI-
SION OF TAX APPEALS (DETERMINED WITH REGARD TO ANY POSTPONEMENTS OF  ANY
SCHEDULED  HEARING  OR  CONFERENCE MADE AT THE REQUEST OF THE APPLICANT)
THE ADMINISTRATIVE LAW JUDGE SHALL RENDER A DETERMINATION EITHER UPHOLD-
ING THE REVOCATION OR SUSPENSION OR REFUSAL TO REGISTER DECISION OF  THE
COMMISSIONER  OF  TAXATION  AND FINANCE OR ORDERING SUCH COMMISSIONER TO
REINSTATE OR REGISTER THE APPLICANT.   WITHIN  FIFTEEN  DAYS  AFTER  THE
GIVING  OF  NOTICE  OF THE ADMINISTRATIVE LAW JUDGE'S DETERMINATION, THE
APPLICANT OR SUCH COMMISSIONER MAY TAKE EXCEPTION TO THE  DETERMINATION.
IF  AN EXCEPTION IS TAKEN, THE TAX APPEALS TRIBUNAL, WITHIN SEVENTY-FIVE
DAYS FROM THE DATE OF NOTICE TO THE TRIBUNAL  THAT  EXCEPTION  IS  BEING
TAKEN  TO  AN  ADMINISTRATIVE  LAW  JUDGE'S DETERMINATION, SHALL ISSUE A
DECISION EITHER AFFIRMING OR  REVERSING  SUCH  DETERMINATION.    IF  THE
ADMINISTRATIVE  LAW  JUDGE RENDERS A DETERMINATION ORDERING SUCH COMMIS-
SIONER TO REINSTATE OR REGISTER  THE  APPLICANT  AND  SUCH  COMMISSIONER
TAKES  EXCEPTION  TO  SUCH DETERMINATION, SUCH COMMISSIONER SHALL NOT BE
REQUIRED TO REINSTATE OR REGISTER THE APPLICANT UNLESS AND UNTIL THE TAX
APPEALS TRIBUNAL ISSUES A DECISION AFFIRMING SUCH DETERMINATION.
  F.  AFTER THE COMMISSIONER OF TAXATION  AND  FINANCE  HAS  REFUSED  TO
REGISTER AN APPLICANT BY A NOTICE OF REFUSAL OR HAS SUSPENDED OR REVOKED
A  PERSON'S  REGISTRATION BY A NOTICE OF SUSPENSION OR REVOCATION ISSUED
TO SUCH PERSON AND SUCH DECISION HAS BECOME FINAL  AS  PROVIDED  FOR  IN
THIS  SUBDIVISION,  SUCH PERSON IS PROHIBITED FROM ENGAGING IN ANY BUSI-
NESS IN THIS STATE FOR WHICH SUCH REGISTRATION IS REQUIRED.  IF  DESPITE
SUCH  PROHIBITION  SUCH  PERSON ENGAGES OR CONTINUES TO BE SO ENGAGED IN
SUCH BUSINESS, SUCH COMMISSIONER MAY BRING  AN  ACTION  IN  A  COURT  OF
COMPETENT  JURISDICTION  TO  ENJOIN SUCH PERSON FROM SO ENGAGING IN SUCH
BUSINESS.
  9. THE COMMISSIONER OF TAXATION AND FINANCE MAY  REQUIRE  THE  MAINTE-
NANCE  OF  SUCH  ACCOUNTS,  RECORDS OR DOCUMENTS RELATING TO THE SALE OF
BEVERAGE CONTAINERS, BY ANY BEVERAGE MANUFACTURER, DISTRIBUTOR,  DEALER,
OR  REDEMPTION  CENTER AS SUCH COMMISSIONER MAY DEEM APPROPRIATE FOR THE
ADMINISTRATION OF THIS SECTION. THE COMMISSIONER OF TAXATION AND FINANCE
MAY MAKE EXAMINATIONS, INCLUDING THE  CONDUCT  OF  FACILITY  INSPECTIONS
DURING  REGULAR BUSINESS HOURS, WITH RESPECT TO THE ACCOUNTS, RECORDS OR
DOCUMENTS REQUIRED TO  BE  MAINTAINED  UNDER  THIS  SUBDIVISION.    SUCH
ACCOUNTS, RECORDS AND DOCUMENTS SHALL BE PRESERVED FOR A PERIOD OF THREE
YEARS,  EXCEPT  THAT  SUCH COMMISSIONER MAY CONSENT TO THEIR DESTRUCTION
WITHIN THAT PERIOD OR  MAY  REQUIRE  THAT  THEY  BE  KEPT  LONGER.  SUCH

S. 1356                            10

ACCOUNTS,  RECORDS  AND DOCUMENTS MAY BE KEPT WITHIN THE MEANING OF THIS
SUBDIVISION WHEN REPRODUCED BY ANY PHOTOGRAPHIC, PHOTOSTATIC, MICROFILM,
MICRO-CARD, MINIATURE  PHOTOGRAPHIC  OR  OTHER  PROCESS  WHICH  ACTUALLY
REPRODUCES THE ORIGINAL ACCOUNTS, RECORDS OR DOCUMENTS.
  10.  A. THE PROVISIONS OF SECTIONS ELEVEN HUNDRED THIRTY-EIGHT THROUGH
ELEVEN  HUNDRED FORTY-THREE AND ELEVEN HUNDRED FORTY-FIVE THROUGH ELEVEN
HUNDRED FORTY-SEVEN OF THE TAX LAW, EXCEPT FOR SUBPARAGRAPH (I) OF PARA-
GRAPH THREE OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  FORTY-FIVE  OF
THE  TAX  LAW,  SHALL  APPLY TO THE PROVISIONS OF THIS TITLE IN THE SAME
MANNER AND WITH THE SAME FORCE AND EFFECT AS IF  THE  LANGUAGE  OF  SUCH
PROVISIONS  HAD  BEEN  INCORPORATED  IN  FULL  INTO  THIS  TITLE AND HAD
EXPRESSLY REFERRED TO THE AMOUNT REQUIRED TO BE PAID TO THE COMMISSIONER
OF TAXATION AND FINANCE UNDER THIS TITLE, EXCEPT TO THE EXTENT THAT  ANY
OF  SUCH PROVISIONS IS EITHER INCONSISTENT WITH A PROVISION CONTAINED IN
THIS TITLE OR IS NOT RELEVANT TO THIS TITLE. PROVIDED, HOWEVER, THAT THE
COMMISSIONER OF TAXATION AND FINANCE MAY DETERMINE THE  EXISTENCE  OF  A
DEFICIENCY  ON  THE BASIS OF EXTERNAL INDICES, INCLUDING, IN ADDITION TO
THOSE SET FORTH IN PARAGRAPH ONE OF SUBDIVISION (A)  OF  SECTION  ELEVEN
HUNDRED  THIRTY-EIGHT OF THE TAX LAW, SALES TERRITORY, RECORDS OF SALES,
RECORDS OR REPORTS OF REFUND VALUES PAID OR BEVERAGE CONTAINERS REDEEMED
PURSUANT TO THE PROVISIONS OF THIS TITLE, STOCK OF BEVERAGE  CONTAINERS,
TYPES OF BEVERAGE CONTAINERS OR OTHER FACTORS.  PROVIDED FURTHER, HOWEV-
ER,  THAT  NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION  ELEVEN HUNDRED
FORTY-SIX OF THE TAX LAW, THE COMMISSIONER OF TAXATION  AND  FINANCE  OR
HIS  OR  HER  DESIGNEE,  OR ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF
TAXATION AND FINANCE, SHALL NOT  BE  SUBJECT  TO  SUCH  PROVISIONS  WITH
RESPECT  TO  COMMUNICATION  BY  SUCH  COMMISSIONER, DESIGNEE, OFFICER OR
EMPLOYEE WITH THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION,  WITH  HIS
OR  HER  DESIGNEE,  OR WITH ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION,  WITH  RESPECT  TO  THE  ADMINISTRATION  AND
ENFORCEMENT OF THIS SECTION.
  B.  ANY PERSON REQUIRED TO BE REGISTERED UNDER THIS SECTION WHO, WITH-
OUT  BEING  SO  REGISTERED,  MAKES  SALES OF BEVERAGE CONTAINERS IN THIS
STATE, IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS TITLE, SHALL  BE
SUBJECT TO A PENALTY IN AN AMOUNT NOT EXCEEDING FIVE HUNDRED DOLLARS FOR
THE FIRST DAY ON WHICH SUCH SALES ARE MADE, PLUS AN AMOUNT NOT EXCEEDING
TWO  HUNDRED  DOLLARS  FOR  EACH  SUBSEQUENT DAY ON WHICH SUCH SALES ARE
MADE, NOT TO EXCEED TEN THOUSAND DOLLARS IN THE AGGREGATE.
  C.  ANY DEPOSIT INITIATOR WHO FAILS TO MAINTAIN  ACCOUNTS  OR  RECORDS
PURSUANT  TO  THIS SECTION, UNLESS IT IS SHOWN THAT SUCH FAILURE WAS DUE
TO REASONABLE CAUSE AND NOT DUE TO NEGLIGENCE OR WILLFUL NEGLECT,  SHALL
BE  SUBJECT  TO A PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH
QUARTER DURING WHICH SUCH FAILURE OCCURRED OR CONTINUES.
  D.  THE PENALTIES PRESCRIBED IN PARAGRAPHS B AND C OF THIS SUBDIVISION
SHALL BE SUBJECT TO THE ADMINISTRATIVE PROVISIONS APPLICABLE  TO  PENAL-
TIES PRESCRIBED IN SECTION ELEVEN HUNDRED FORTY-FIVE OF THE TAX LAW.
  S 9. Section 92-s of the state finance law, as added by chapter 610 of
the laws of 1993, subdivision 3 as amended by chapter 145 of the laws of
2004, subdivision 6 as amended by chapter 432 of the laws of 1997, para-
graph (d) of subdivision 6 as amended by section 13 of part E of chapter
61  of  the laws of 2000, subdivision 7 as amended by chapter 611 of the
laws of 1993 and subdivision 9 as amended by section  1  of  part  B  of
chapter 59 of the laws of 2008, is amended to read as follows:
  S  92-s. Environmental protection fund. 1. There is hereby established
in the joint custody of the comptroller and the commissioner of taxation

S. 1356                            11

and finance a special fund to be known as the "environmental  protection
fund".
  2. [a.] (A) The comptroller shall establish the following separate and
distinct accounts within the environmental protection fund:
  (i) solid waste account;
  (ii) UNCLAIMED BEVERAGE CONTAINER DEPOSITS STATE ASSISTANCE TO MUNICI-
PALITIES ACCOUNT;
  (III) parks, recreation and historic preservation account;
  [(iii)] (IV) open space account; and
  [(iv)] (V) environmental protection transfer account.
  [b.]  (B)  All [monies] MONEYS received by the comptroller for deposit
in the environmental protection fund shall be  deposited  first  to  the
credit  of  the  environmental  protection transfer account. No [monies]
MONEYS shall be expended from any such account for  any  project  except
pursuant to appropriation by the legislature.
  3.  Such  fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and  penalties  deposited
pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
amount of fees and penalties received from easements or leases  pursuant
to  subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service  charges  pursuant  to  section
four  hundred four-l of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve  fund  pursuant  to
section  two  hundred  ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
pursuant  to  section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
section  54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
hundred  ninety-six,  provided  however,  that such moneys shall only be
used for the cost of the purchase of private lands in the core  area  of
the  central  Suffolk  pine barrens pursuant to a consent order with the
Northville industries signed on  October  thirteenth,  nineteen  hundred
ninety-four  and  the related resource restoration and replacement plan,
the amount of penalties required to  be  deposited  therein  by  section
71-2724 of the environmental conservation law, ALL MONEYS REQUIRED TO BE
DEPOSITED  PURSUANT TO SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION
LAW, and all other moneys credited or transferred thereto from any other
fund or source pursuant to law. All  such  revenue  shall  be  initially
deposited  into  the  environmental  protection fund, for application as
provided in subdivision [five] FOUR of this section.
  [5] 4. Revenues in the environmental protection  fund  shall  be  kept
separate and shall not be commingled with any other moneys in the custo-
dy  of the comptroller. All deposits of such revenues shall, if required
by the comptroller, be secured by obligations of the United States or of
the state having a market value equal at all times to the amount of such
deposits and all banks and trust companies are authorized to give  secu-
rity  for  such  deposits.  Any such revenues in such fund may, upon the
discretion of the comptroller, be invested in obligations in  which  the
comptroller  is  authorized to invest pursuant to section ninety-eight-a
of this article.
  [6] 5. (a) All moneys heretofore and hereafter deposited in the  envi-
ronmental  protection transfer account shall be transferred by the comp-
troller to the solid waste account,  THE  UNCLAIMED  BEVERAGE  CONTAINER
DEPOSITS  STATE  ASSISTANCE TO MUNICIPALITIES ACCOUNT, the parks, recre-

S. 1356                            12

ation and historic preservation account or the open space  account  upon
the request of the director of the budget.
  (b)  Moneys  from the solid waste account shall be available, pursuant
to appropriation and upon certificate of approval of availability by the
director of the budget, for any non-hazardous municipal landfill closure
project; municipal waste reduction or recycling project, as  defined  in
article  fifty-four  of  the  environmental  conservation  law;  for the
purposes of section  two  hundred  sixty-one  and  section  two  hundred
sixty-four of the economic development law; any project for the develop-
ment,  updating or revision of local solid waste management plans pursu-
ant to sections 27-0107 and 27-0109 of  the  environmental  conservation
law; and for the development of the pesticide sales and use data base in
conjunction  with Cornell University pursuant to title twelve of article
thirty-three of the environmental conservation law.
  (c) AFTER RECOMPENSING THE DEPARTMENT OF  TAXATION  AND  FINANCE  EACH
MONTH FOR THE COST OF SERVICES AND EXPENSES RELATED TO ADMINISTERING THE
PROVISIONS  OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW FOR
THE IMMEDIATE PRIOR MONTH, MONEYS REMAINING FROM THE UNCLAIMED  BEVERAGE
CONTAINER  DEPOSITS  STATE ASSISTANCE TO MUNICIPALITIES ACCOUNT SHALL BE
AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF
AVAILABILITY BY THE STATE DIRECTOR OF THE BUDGET, FOR ANY  NON-HAZARDOUS
MUNICIPAL LANDFILL CLOSURE PROJECT; FOR ANY MUNICIPAL WASTE REDUCTION OR
RECYCLING  PROJECT;  FOR  ANY  MUNICIPAL  PARK PROJECT; FOR ANY HISTORIC
PRESERVATION PROJECT; FOR ANY HERITAGE AREA PROJECT; OR  FOR  ANY  LOCAL
WATERFRONT  REVITALIZATION  PROJECT, AS DEFINED IN ARTICLE FIFTY-FOUR OF
THE ENVIRONMENTAL CONSERVATION LAW; OR FOR ANY COMBINATION OF THE  FORE-
GOING  PROJECTS.   PROVIDED, HOWEVER, THAT THE TOTAL OF MONEYS APPROPRI-
ATED FROM THIS ACCOUNT IN ANY STATE FISCAL YEAR SHALL  BE  ALLOCATED  BY
STATE ENVIRONMENTAL CONSERVATION DEPARTMENT REGION BASED UPON NONREDEMP-
TION  RATES IN EACH REGION, AS DETERMINED BY SUCH DEPARTMENT FROM INFOR-
MATION IT HAS RECEIVED PURSUANT TO SECTION 27-1018 OF THE  ENVIRONMENTAL
CONSERVATION  LAW.  SUCH  APPROPRIATION  FOR THE FISCAL YEAR THAT BEGINS
NEXT FOLLOWING THE EFFECTIVE DATE OF THE AMENDMENT TO THIS  SECTION,  BY
THE  CHAPTER OF THE LAWS OF TWO THOUSAND NINE, WHICH ADDED THIS SENTENCE
SHALL BE BASED ON THE MOST RECENT  REPORT  OF  THE  STATE  ENVIRONMENTAL
CONSERVATION  DEPARTMENT  ON  "BEVERAGE CONTAINER DEPOSIT AND REDEMPTION
STATISTICS" COMPLETED PRIOR TO THE DATE SUCH  APPROPRIATION  SHALL  HAVE
BECOME  A  LAW AND WHICH WAS PREPARED PURSUANT TO 6 NYCRR S 367.11 (OR A
COGNATE PROVISION OF A SUCCESSOR REGULATION).  PROVIDED FURTHER,  HOWEV-
ER, THAT THE AMOUNT OF ANY APPROPRIATION MADE FROM THIS ACCOUNT SHALL BE
DISREGARDED  FOR  THE  PURPOSE  OF  DETERMINING  THE AMOUNT OF ANY OTHER
APPROPRIATION FROM ANY OTHER ACCOUNT WHETHER OR NOT SUCH OTHER APPROPRI-
ATION IS OR WILL BE MADE, OR REQUIRED TO BE MADE, FOR THE  SAME  PROJECT
OR  PURPOSE,  FOR  GENERAL  MUNICIPAL  PURPOSES OR FOR LOCAL ASSISTANCE.
ACCORDINGLY, THE AMOUNT OF STATE AID TO MUNICIPALITIES OTHERWISE  TO  BE
PROVIDED  SHALL  NOT  BE  REDUCED  ON  ACCOUNT OF THE ADDITIONAL FUNDING
PROVIDED BY THIS ACCOUNT, AND FUNDING FROM THIS ACCOUNT SHALL BE SUPPLE-
MENTARY TO ANY SUCH OTHER LOCAL  ASSISTANCE  PROVIDED  FROM  ANY  SOURCE
OTHER THAN THIS ACCOUNT.
  (D)  Moneys  from  the  parks,  recreation  and  historic preservation
account shall be available, pursuant to appropriation, for any municipal
park  project,  historic  preservation  project,  urban  cultural   park
project,   waterfront  revitalization  program,  coastal  rehabilitation
project.
  [(d)] (E) Moneys from the  open  space  account  shall  be  available,
pursuant to appropriation, for any open space land conservation project,

S. 1356                            13

bio-diversity  stewardship and research pursuant to chapter five hundred
fifty-four of  the  laws  of  nineteen  hundred  ninety-three,  for  the
purposes  of  agricultural and farmland protection activities as author-
ized  by  article  twenty-five-AAA  of  the agriculture and markets law,
non-point source abatement and  control  projects  pursuant  to  section
17-1409  of  the  environmental conservation law and section eleven-b of
the soil and water conservation districts law, for Long  Island  Central
Pine  Barrens  area  planning or Long Island south shore estuary reserve
planning pursuant to title thirteen of article fifty-four of  the  envi-
ronmental  conservation  law,  and  for  operation and management of the
Albany Pine Bush preserve commission  pursuant  to  subdivision  two  of
section 54-0303 of the environmental conservation law.
  [(e)]  (F) The governor shall include a specific line appropriation in
the capital  projects  budget  describing  individual  open  space  land
conservation  projects  proposed  to  be undertaken by the department of
environmental conservation and/or the office of  parks,  recreation  and
historic  preservation  pursuant to title three of article fifty-four of
the environmental conservation law and listed in the  state  open  space
land  acquisition  plan prepared pursuant to title two of article forty-
nine of the environmental conservation law.
  [7] 6. Notwithstanding any other provision of law, no state assistance
payment authorized under this section or article fifty-four of the envi-
ronmental conservation law may be applied, with respect to  any  project
located  within  the area of New York county bounded by (a) the northern
boundary of Fifty-ninth street and Fifty-ninth street extended; (b)  the
United States pierhead line; (c) the northern boundary of the area known
as  Battery  Park  City; and (d) eight hundred feet inland easterly from
the United States bulkhead line:
  (i) for, other than for recreational  use  or  access  inland  of  the
existing  bulkhead line, any roads, bridges, ramps or parking facilities
or sewers or water mains;
  (ii) for any site improvement, including sewers  or  water  mains,  to
support residential, industrial or commercial development;
  (iii)  to  excavate,  place fill or plantings in, or place any piling,
platform or structure, including a floating  structure,  in  the  Hudson
river;
  (iv)  to plan, evaluate or study any project involving such excavation
or placement as described in subparagraph (iii) of this paragraph; or
  (v) for any purpose or project except where the commissioner of  envi-
ronmental conservation, with the approval of the director of the budget,
enters  into a contract with the city of New York or a state agency, but
not with any public benefit corporation or public authority or any other
person or entity, for the undertaking of the purpose or project. No part
of the purpose or project may be subcontracted  to  any  public  benefit
corporation,  public  authority,  not-for-profit corporation, or munici-
pality other than the city of New York, nor shall any such state assist-
ance payment be paid to, on behalf of, or pursuant to any agreement with
any such entity.
  [8] 7. All payments of moneys from the fund shall be made on the audit
and warrant of the comptroller.
  [9.] 8. Notwithstanding any other law to the contrary and  in  accord-
ance  with  section  four  of  this  chapter,  the comptroller is hereby
authorized at the direction of the director of the division of the budg-
et to transfer  moneys  from  the  general  fund  to  the  environmental
protection fund for the purpose of maintaining the solvency of the envi-
ronmental  protection  fund. If, in any fiscal year, moneys in the envi-

S. 1356                            14

ronmental protection fund are deemed insufficient by the director of the
division of the budget to meet actual and anticipated disbursements from
enacted  appropriations  or  reappropriations  made  pursuant  to   this
section,  the  comptroller shall at the direction of the director of the
division of the budget, transfer from the general fund to  the  environ-
mental  protection  fund  moneys  sufficient to meet such disbursements.
Such transfers shall be made only upon  certification  of  need  by  the
director  of  the  division  of  the budget, with copies of such certif-
ication filed with the chairperson of the senate finance committee,  the
chairperson of the assembly ways and means committee and the state comp-
troller.  The  aggregate  amount  of all transfers shall not exceed four
hundred forty-seven million one hundred seventy-one thousand dollars.
  S 10. The environmental conservation law is amended by  adding  a  new
section 27-1016 to read as follows:
S 27-1016. UNCLAIMED DEPOSIT.
  1. FOR EACH UNCLAIMED BEVERAGE CONTAINER FOR WHICH A DEPOSIT INITIATOR
ESTABLISHED  A  REFUND VALUE, THE DEPOSIT INITIATOR SHALL BE ENTITLED TO
RETAIN FOR ITSELF FIVE CENTS PER BEVERAGE CONTAINER TO  HELP  COVER  THE
COST  OF THE HANDLING FEE ON RETURNED BEVERAGE CONTAINERS ESTABLISHED BY
SUBDIVISION THREE OF SECTION 27-1007 OF THIS TITLE.
  2. THE HANDLING FEES OF THE DEALER, DISTRIBUTOR, REDEMPTION CENTER  OR
THIRD  PARTY AGENT ON BEVERAGES ACCEPTED ACCORDING TO SECTION 27-1007 OF
THIS TITLE SHALL BE PAID FROM THE MONEY RETAINED BY THE  DEPOSIT  INITI-
ATORS ON UNCLAIMED BEVERAGE CONTAINERS.
  S  11. Section 27-1019 of the environmental conservation law is renum-
bered section 27-1020 and two new sections 27-1018 and 27-1019 are added
to read as follows:
S 27-1018. RECORD KEEPING REQUIREMENTS.
  EACH DISTRIBUTOR WHO  INITIATES  A  DEPOSIT  ON  A  TYPE  OF  BEVERAGE
CONTAINER  SOLD  IN  THIS  STATE SHALL MAINTAIN A RECORD OF ALL DEPOSITS
INITIATED, ALL DEPOSITS REDEEMED, ALL HANDLING FEES  PAID  OUT  AND  ALL
UNCLAIMED  DEPOSITS  RETAINED. EACH SUCH DISTRIBUTOR SHALL MAINTAIN THIS
INFORMATION ACCORDING TO GENERALLY ACCEPTED  ACCOUNTING  PRINCIPLES  AND
SHALL  REPORT  THIS INFORMATION TO THE COMMISSIONER UPON SUCH REASONABLE
FREQUENCY AS THE COMMISSIONER DEEMS NECESSARY.
S 27-1019. BEVERAGE CONTAINER DEPOSIT AND REDEMPTION REPORT.
  ON OR BEFORE OCTOBER FIRST OF EACH YEAR, THE DEPARTMENT  SHALL  REPORT
TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE ASSEMBLY BEVERAGE CONTAINER  DEPOSIT  AND  REDEMPTION  STATISTICS
BASED  UPON THE INFORMATION PROVIDED PURSUANT TO SECTION 27-1018 OF THIS
TITLE.
  S 12.   This act shall take  effect  on  the  first  of  January  next
succeeding the date on which it shall have become a law.

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Senate Bill S1356

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