senate Bill S5403A

Requires that bottle deposits retained by the state shall be allocated to the environmental protection fund

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / May / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 07 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 21 / Dec / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 21 / Dec / 2011
    • PRINT NUMBER 5403A
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 07 / Feb / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Requires that bottle deposits retained by the state shall be allocated to the environmental protection fund.

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Bill Details

See Assembly Version of this Bill:
A7137A
Versions:
S5403
S5403A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §27-1012, En Con L; amd §92-s, St Fin L

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Sponsor Memo

BILL NUMBER:S5403A

TITLE OF BILL:
An act
to amend the environmental conservation law and the state finance law,
in relation to requiring retained deposits on unredeemed containers to
be deposited into the environmental protection fund

PURPOSE:
This bill would provide a net increase in
the amount of funds
being added to the Environmental Protection Fund as a result of the
Returnable Beverage Container Law, commonly known as The Bottle Bill,
beginning in fiscal year 2013-14, without increasing any tax and
without altering the existing rights, duties or obligations of
businesses or individuals participating in the beverage container
deposit refund system.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision 5 of section
27-1012 or the environmental conservation law, as added by section D
of part ss or chapter 59 of the laws of 2009, is amended to read as
follows:

All monies collected or received by the department of taxation and
finance pursuant to this title shall he deposited to the credit of
the comptroller with such responsible banks, banking houses or trust
companies as may be designated by the comptroller. After reserving
the amount to pay refunds, the comptroller must by the 10th day of
each month pay into the state treasury to the credit of the general
fund or into the environmental protection fund, in accordance with
schedule listed below:

The portion of the revenue to be deposited into the environmental
protection fund after the amount to pay refunds has been reserved
shall be:

(i) 25% of monies received by the State placed in the EPF in FY 2013-14;

(ii) 50% of monies received placed in the EPF in FY 2014-15

(iii) 75% of monies received placed in the EPF in FY 2015-16

(iv) 100% of monies received placed in the EPF in FY 2016-17 and every
year thereafter. The legislation ensures that there will be no
corresponding reduction in monies to fund the EPF from any other
State source.

JUSTIFICATION:
New York's 'bottle bill" is one of the State's most
successful recycling and anti-litter initiatives. There is less
litter and broken glass in our streets, fang fields, playgrounds.
parks and beaches as a result of the bottle bill. It has also reduced
the burden of solid waste disposal that is shouldered by local
governments and taxpayers. This legislation amends section (5) of
ECL 27-1012 by providing that retained deposit funds received


by the state be paid into the Environmental Protection Fund (EPF)
starting in 2013-14. in phased 25% increments annually, without
affecting the 20% of the total retained deposits allowed for by use
by the deposit initiators and without affecting the duties and rights
of retailers or consumers. This ensures that income earned by
implementation of a part of the Environmental Conservation Law would
be devoted to programs benefiting the environment, consistent with
the original stated intent of proponents advocating use of the
retained deposits for public purposes.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 5403--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 18, 2011
                               ___________

Introduced  by  Sens. GRISANTI, DUANE, PARKER, SERRANO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental  Conservation  -- reported favorably from said committee
  and committed to the Committee on  Finance  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

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:

  Section  1.  Subdivision  5  of  section  27-1012 of the environmental
conservation law, as added by section 8 of part SS of chapter 59 of  the
laws of 2009, is amended to read as follows:
  5.  [All]  A.  THE  monies  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  companies  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. After
reserving the amount to pay refunds, the comptroller must, by the  tenth
day  of  each  month,  pay  into the state treasury to the credit of the
general fund OR INTO THE ENVIRONMENTAL PROTECTION  FUND,  IN  ACCORDANCE
WITH  THE SCHEDULE LISTED BELOW, the revenue deposited under this subdi-
vision during the preceding calendar month and remaining  to  the  comp-
troller's credit on the last day of that preceding month. THE PORTION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10516-03-1

S. 5403--A                          2

THE REVENUE TO BE DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND AFTER
THE AMOUNT TO PAY REFUNDS HAS BEEN RESERVED SHALL BE:
  (I)  TWENTY-FIVE  PERCENT  OF  THE REVENUE IN FISCAL YEAR TWO THOUSAND
THIRTEEN-TWO THOUSAND FOURTEEN;
  (II) FIFTY PERCENT OF THE REVENUE IN FISCAL YEAR  TWO  THOUSAND  FOUR-
TEEN-TWO THOUSAND FIFTEEN;
  (III)  SEVENTY-FIVE PERCENT OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
FIFTEEN-TWO THOUSAND SIXTEEN; AND
  (IV) ONE HUNDRED PERCENT OF THE REVENUE IN FISCAL  YEAR  TWO  THOUSAND
SIXTEEN-TWO THOUSAND SEVENTEEN AND EVERY YEAR THEREAFTER.
  B.  THE  MONIES ALLOCATED TO THE ENVIRONMENTAL PROTECTION FUND BY THIS
SUBDIVISION SHALL BE IN ADDITION TO ANY OTHER MONEY ALLOCATED OR  APPRO-
PRIATED TO THE FUND AND SHALL NOT REDUCE ANY APPROPRIATIONS TO THE FUND.
  S  2. Subdivision 3 of section 92-s of the state finance law, as added
by section 2 of part T of chapter 59 of the laws of 2009, is amended  to
read as follows:
  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 article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of  section
70-0117 of the environmental conservation law[, as added by a chapter of
the  laws  of two thousand nine], all moneys collected pursuant to title
thirty-three of article fifteen of the environmental conservation  law[,
as  added  by  a  chapter  of the laws of two thousand nine], ALL MONEYS
REQUIRED TO BE DEPOSITED PURSUANT TO SECTION  27-1012  OF  THE  ENVIRON-
MENTAL  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 of this section.
  S 3. This act shall take effect immediately.

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