Assembly Bill A3023

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

                                  3023

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BENJAMIN, PERALTA, EDDINGTON, ALFANO, KOLB, WALK-
  ER, FIELDS, BARRA -- Multi-Sponsored by -- M. of A. MAYERSOHN, MOLINA-
  RO,  OAKS,  WRIGHT -- read once and referred to the Committee on Envi-
  ronmental Conservation

AN ACT to amend the tax law and the environmental conservation  law,  in
  relation  to  enacting the recycling for communities act; to amend the
  state finance law, in relation to creating the recycling for  communi-
  ties  act  transition fund and the recycling for communities act fund;
  to amend the alcoholic beverage control  law  and  the  administrative
  code of the city of New York, in relation to making technical changes;
  to  repeal  title  10  of article 27 of the environmental conservation
  law, relating to litter and solid waste control; to repeal  subchapter
  10  of chapter 5 of title 20 of the administrative code of the city of
  New York relating to redemption of beverage containers; and  providing
  for the repeal of certain provisions upon expiration thereof

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

  Section 1.  Legislative findings. The legislature finds that a compre-
hensive and progressive program is necessary to  reduce  litter  and  to
increase  recycling  in  the state in a manner that will provide signif-
icant benefit to the environment.
  An uncluttered landscape is among the most  priceless  heritages  that
New  York  can  bequeath  to  posterity. It is the duty of government to
promote and encourage a clean and safe environment. The accumulation  of
carelessly  discarded  litter may pose a threat to the public health and
safety and is especially serious in a state as densely populated as  New
York. Unseemly litter can have devastating economic effects on the state
by  making  the  state look less attractive to tourists, new industries,
and residents. Sadly, reliance on the beverage container deposit law has
led to neglect of broader, more efficient means of litter control in our
state.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05590-01-9
              

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  The legislature finds further that the recycling  of  waste  materials
decreases  waste  flow  to  municipal solid waste facilities and out-of-
state disposal sites, recovers valuable resources, conserves  energy  in
the manufacturing process, and offers a supply of domestic raw materials
for the state's industries; that economically viable municipal recycling
programs  are  necessary  to achieve the maximum practicable recovery of
reusable materials from solid waste in this state.
  In seeking to reduce litter and to increase recycling, the legislature
finds that the continuation or expansion of the current  bottle  deposit
program  would  be  costly,  inconvenient, and inefficient especially in
relation to more recent, comprehensive programs like curbside recycling.
Mandatory source separation or curbside recycling has been  the  law  in
this state for decades. Having duplicate recycling programs raises costs
to  consumers  and  municipalities,  complicates  recycling  efforts and
deprives communities of valuable  commodities  that  would  offset  ever
increasing recycling program costs.
  The  legislature finds that increasing our investment in comprehensive
recycling  and  litter  control  programs  will  address  more  consumer
containers and packaging than just the minimal amount (less than 2.5% of
the  waste  stream)  targeted  by the current bottle deposit law and its
proposed expansion. Further, these new investments will provide  signif-
icant  benefits  to  the  environment  without  burdening  and confusing
consumers and inflicting storage, economic and  sanitation  problems  on
grocery stores.
  S  2.  This  act shall be known and may be cited as the "recycling for
communities act".
  S 3. The tax law is amended by adding a new article 28-C  to  read  as
follows:

                              ARTICLE 28-C
                      RECYCLING FOR COMMUNITIES ACT

SECTION 1180. DEFINITIONS.
        1181. RECYCLING AND LITTER CONTROL FEE.
        1182. USE OF FEES AND SURCHARGES.
        1183. RULES AND REGULATIONS.
  S 1180. DEFINITIONS.    FOR  PURPOSES  OF  THIS ARTICLE, THE FOLLOWING
WORDS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "LITTER" SHALL MEAN ANY USED OR UNCONSUMED SUBSTANCE OR WASTE MATE-
RIAL WHICH HAS BEEN DISCARDED, WHETHER MADE OF ALUMINUM, GLASS, PLASTIC,
RUBBER, PAPER, OR OTHER NATURAL OR SYNTHETIC MATERIAL, OR  ANY  COMBINA-
TION  THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY BOTTLE, JAR OR CAN, OR
ANY TOP, CAP OR DETACHABLE TAB OF ANY BOTTLE,  JAR  OR  CAN,  ANY  UNLIT
CIGARETTE,  CIGAR,  MATCH  OR  ANY  FLAMING  OR  GLOWING MATERIAL OR ANY
GARBAGE, TRASH, REFUSE, DEBRIS, RUBBISH, GRASS CLIPPINGS OR  OTHER  LAWN
OR  GARDEN  WASTE, NEWSPAPERS, MAGAZINES, GLASS, METAL, PLASTIC OR PAPER
CONTAINERS OR OTHER PACKAGING OR CONSTRUCTION  MATERIAL,  BUT  DOES  NOT
INCLUDE THE WASTE OF THE PRIMARY PROCESSES OF MINING OR OTHER EXTRACTION
PROCESSES, LOGGING, SAWMILLING, FARMING OR MANUFACTURING.
  2.  A. "RECYCLABLE OR LITTER-GENERATING PRODUCTS" SHALL MEAN ANY GOODS
THAT ARE:
  (I)  PRODUCED,  MANUFACTURED,  DISTRIBUTED,  OR  SOLD  IN   DISPOSABLE
CONTAINERS, WRAPPERS, OR OTHER PACKAGING;
  (II) NOT NORMALLY SOLD IN CONTAINERS, WRAPPERS, OR OTHER PACKAGING BUT
ARE COMMONLY DISCARDED IN PUBLIC PLACES; OR

A. 3023                             3

  (III)  OF AN UNSIGHTLY OR UNSANITARY NATURE AND ARE COMMONLY DISCARDED
IN PUBLIC PLACES.
  B. RECYCLABLE OR LITTER-GENERATING PRODUCTS INCLUDE THE FOLLOWING:
  (I)  ANY  BEVERAGE  PRODUCT, WHETHER CARBONATED OR NON-CARBONATED, AND
WHETHER ALCOHOLIC OR NON-ALCOHOLIC, INCLUDING BOTTLED  WATER  AND  DAIRY
PRODUCTS;
  (II) CIGARETTES AND OTHER TOBACCO PRODUCTS;
  (III) CLEANING AGENTS AND TOILETRIES;
  (IV) ANY FOOD PRODUCT EXCEPT FRESH PRODUCE, WHETHER INTENDED FOR HUMAN
OR ANIMAL CONSUMPTION;
  (V) GLASS CONTAINERS, SOLD AS SUCH;
  (VI) GROCERIES;
  (VII) METAL CONTAINERS, SOLD AS SUCH;
  (VIII) NEWSPRINT AND MAGAZINE PAPER STOCK;
  (IX)  PAPER PRODUCTS AND HOUSEHOLD PAPER ITEMS, BUT NOT INCLUDING WOOD
PULP OR ROLL STOCK PRODUCED BY PAPER PRODUCT MANUFACTURERS;
  (X) PLASTIC OR FIBER CONTAINERS MADE OF SYNTHETIC  MATERIAL,  SOLD  AS
SUCH,  BUT  NOT  INCLUDING ANY CONTAINER THAT IS ROUTINELY REUSED, HAS A
USEFUL LIFE OF MORE THAN ONE YEAR,  AND  IS  ORDINARILY  SOLD  EMPTY  AT
RETAIL.
  C.  RECYCLABLE  OR  LITTER-GENERATING  PRODUCTS  SHALL NOT INCLUDE THE
FOLLOWING:
  (I) ANY PRESCRIPTION OR NON-PRESCRIPTION DRUG;
  (II) WOOD PULP OR ROLL STOCK PRODUCED BY A PAPER PRODUCT MANUFACTURER;
  (III) CONTAINERS MADE FROM SYNTHETIC MATERIALS THAT ARE INTENDED TO BE
REUSABLE, HAVE A USEFUL LIFE OF MORE THAN ONE YEAR, AND  ARE  ORDINARILY
SOLD EMPTY.
  3.  "BEVERAGE  PRODUCT"  SHALL MEAN ANY PRODUCT THAT IS IN LIQUID FORM
AND IS SUITABLE FOR DRINKING. BEVERAGE PRODUCT SHALL INCLUDE ALL  CARBO-
NATED  PRODUCTS,  NON-CARBONATED PRODUCTS, ALCOHOLIC PRODUCTS, NON-ALCO-
HOLIC PRODUCTS, DAIRY PRODUCTS, AND BOTTLED WATER.
  4. "LITTER RECEPTACLE" SHALL MEAN A CONTAINER SUITABLE FOR THE  DEPOS-
ITING OF LITTER.
  5.  "SOLD WITHIN THE STATE" OR "SALES WITHIN THE STATE" SHALL MEAN ALL
SALES OF RETAILERS ENGAGED IN BUSINESS WITHIN THE STATE AND, IN THE CASE
OF MANUFACTURERS, WHOLESALERS AND DISTRIBUTORS, ALL  SALES  OF  PRODUCTS
FOR  USE AND CONSUMPTION WITHIN THE STATE. IT SHALL BE PRESUMED THAT ALL
SALES OF MANUFACTURERS, WHOLESALERS AND  DISTRIBUTORS  SOLD  WITHIN  THE
STATE  ARE  FOR USE AND CONSUMPTION WITHIN THE STATE UNLESS IT IS DETER-
MINED BY THE DIRECTOR THAT THE PRODUCTS ARE SHIPPED  OUT  OF  STATE  FOR
OUT-OF-STATE USE.
  S 1181. RECYCLING  AND LITTER CONTROL FEE.  1. A.  A USER FEE OF THREE
ONE-HUNDREDTHS OF ONE PERCENT IS IMPOSED  UPON  THE  SALES  OF  BEVERAGE
PRODUCTS IN THIS STATE BY ANY MANUFACTURER, WHOLESALER, OR DISTRIBUTOR.
  B. IN ADDITION TO THE USER FEE IMPOSED BY PARAGRAPH A OF THIS SUBDIVI-
SION,  A  USER  FEE  SURCHARGE OF THREE ONE-HUNDREDTHS OF ONE PERCENT IS
IMPOSED UPON THE SALES  OF  BEVERAGE  PRODUCTS  IN  THIS  STATE  BY  ANY
MANUFACTURER, WHOLESALER, OR DISTRIBUTOR.
  2.  A  USER FEE OF THREE ONE-HUNDREDTHS OF ONE PERCENT IS IMPOSED UPON
THE SALES OF RECYCLABLE OR LITTER-GENERATING PRODUCTS, OTHER THAN BEVER-
AGE PRODUCTS, IN THIS STATE BY ANY MANUFACTURER, WHOLESALER, OR DISTRIB-
UTOR.
  3. A USER FEE  OF  TWO  HUNDRED  TWENTY-FIVE  TEN-THOUSANDTHS  OF  ONE
PERCENT  IS  IMPOSED  UPON  THE SALES OF RECYCLABLE OR LITTER-GENERATING
PRODUCTS, INCLUDING BEVERAGE PRODUCTS, IN THIS STATE BY ANY RETAILER.

A. 3023                             4

  4. THE FOLLOWING ARE EXEMPT FROM THE FEES AND  SURCHARGES  IMPOSED  BY
THIS SECTION:
  A. SALES OF RECYCLABLE OR LITTER-GENERATING PRODUCTS FROM ONE MANUFAC-
TURER,  WHOLESALER,  OR DISTRIBUTOR TO ANOTHER MANUFACTURER, WHOLESALER,
OR DISTRIBUTOR.
  B. SALES OF RECYCLABLE OR LITTER-GENERATING PRODUCTS FROM ONE BUSINESS
ENTITY TO ANOTHER BUSINESS ENTITY WHERE BOTH ENTITIES ARE  WHOLLY  OWNED
BY THE SAME INDIVIDUAL, COMPANY, CORPORATION, OR PARTNERSHIP.
  C.  SALES  OF  RECYCLABLE  OR  LITTER-GENERATING PRODUCTS BY RETAILERS
WHOSE RECEIPTS ARE LESS THAN FIVE HUNDRED THOUSAND DOLLARS ANNUALLY.
  D. SALES OF RECYCLABLE OR LITTER-GENERATING  PRODUCTS  BY  RESTAURANTS
WHERE LESS THAN TEN PERCENT OF SUCH SALES ARE CONSUMED OFF-PREMISES.
  S  1182.  USE  OF  FEES  AND  SURCHARGES.   1. ALL FEES AND SURCHARGES
COLLECTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE THROUGH AND INCLUD-
ING SEPTEMBER FIFTEENTH, TWO THOUSAND TEN SHALL BE  DEPOSITED  INTO  THE
RECYCLING  FOR  COMMUNITIES  ACT  TRANSITION FUND ESTABLISHED BY SECTION
EIGHTY-SIX OF THE STATE FINANCE LAW.
  2. ALL FEES AND SURCHARGES COLLECTED PURSUANT  TO  THE  PROVISIONS  OF
THIS ARTICLE AFTER SEPTEMBER FIFTEENTH, TWO THOUSAND TEN SHALL BE DEPOS-
ITED  INTO THE RECYCLING FOR COMMUNITIES ACT FUND ESTABLISHED BY SECTION
EIGHTY-SEVEN OF THE STATE FINANCE LAW.
  S 1183. RULES AND REGULATIONS.  THE COMMISSIONER SHALL PROMULGATE  ALL
RULES  AND REGULATIONS NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THE
PROVISIONS OF THIS ARTICLE.
  S 4. The state finance law is amended by adding two  new  sections  86
and 87 to read as follows:
  S 86. RECYCLING FOR COMMUNITIES ACT TRANSITION FUND. 1. THERE IS HERE-
BY  ESTABLISHED  IN  THE  JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION A FUND TO  BE  KNOWN  AS  THE
"RECYCLING FOR COMMUNITIES ACT TRANSITION FUND".
  2.  THE  FUND SHALL CONSIST OF ALL MONEYS RECEIVED PURSUANT TO ARTICLE
TWENTY-EIGHT-C OF THE TAX LAW ON SALES OF RECYCLABLE OR  LITTER-GENERAT-
ING  PRODUCTS  MADE  ON  OR  PRIOR  TO SEPTEMBER FIFTEENTH, TWO THOUSAND
EIGHT. THE FUND SHALL  ALSO  INCLUDE  ALL  MONIES  APPROPRIATED  TO  THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR ITS PURPOSE, AND ALL MONIES
REQUIRED  BY  ANY  OTHER PROVISION OF LAW TO BE PAID INTO OR CREDITED TO
SUCH FUND.
  3. MONEYS OF THE FUND SHALL BE EXPENDED TO PURCHASE EQUIPMENT,  LITTER
RECEPTACLES OR BINS, TO MODIFY EQUIPMENT, TO PROVIDE OUTREACH AND EDUCA-
TIONAL  SERVICES TO THE COMMUNITY, TO PROVIDE CONSULTING SERVICES TO AID
IN MODIFYING PROGRAMS TO ACCOMMODATE FORMER DEPOSIT CONTAINERS, AND  ANY
OTHER  RELATED  EXPENSE  APPROVED  BY  THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION. THE COMMISSIONER MAY BEGIN MAKING DISBURSEMENTS  FROM  THE
FUND  ON  APRIL FIRST, TWO THOUSAND TEN AND SHALL ENSURE THAT ALL MONEYS
OF THE FUND ARE APPROPRIATED ON OR BEFORE JUNE THIRTIETH,  TWO  THOUSAND
ELEVEN.
  4.  MONEYS  SHALL  BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY  THE  COMMIS-
SIONER  OF  ENVIRONMENTAL  CONSERVATION  OR  HIS  OR HER DESIGNEE IN THE
MANNER PRESCRIBED BY LAW.
  S 87. RECYCLING FOR COMMUNITIES ACT FUND. 1. THERE  IS  HEREBY  ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER  OF  ENVIRONMENTAL  CONSERVATION A FUND TO BE KNOWN AS THE "RECYCLING
FOR COMMUNITIES ACT FUND".
  2. THE FUND SHALL CONSIST OF ALL MONEYS RECEIVED PURSUANT  TO  ARTICLE
TWENTY-EIGHT-C  OF THE TAX LAW ON SALES OF RECYCLABLE OR LITTER-GENERAT-

A. 3023                             5

ING PRODUCTS MADE AFTER SEPTEMBER FIFTEENTH, TWO THOUSAND TEN.  THE FUND
SHALL ALSO INCLUDE ALL MONIES APPROPRIATED TO THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION FOR ITS PURPOSE, AND  ALL  MONIES  REQUIRED  BY  ANY
OTHER PROVISION OF LAW TO BE PAID INTO OR CREDITED TO SUCH FUND.
  3. MONEYS OF THE FUND SHALL BE EXPENDED AS FOLLOWS:
  A.  SIXTY-FIVE PERCENT OF THE MONEYS OF THE FUND SHALL BE USED FOR THE
SUPPORT AND MAINTENANCE OF  MUNICIPAL  RECYCLING  PROJECTS  UNDER  TITLE
SEVEN  OF  ARTICLE  FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW. OF
THESE MONEYS, FIFTY PERCENT  SHALL  BE  DISTRIBUTED  TO  COMMUNITIES  IN
PROPORTION  WITH  THE  POPULATION OF THE COMMUNITIES AND THE OTHER FIFTY
PERCENT SHALL BE DISTRIBUTED IN PROPORTION  TO  THE  TONS  OF  MUNICIPAL
WASTE BEING RECYCLED BY EACH COMMUNITY RESPECTIVELY.
  B.  FIVE PERCENT OF THE MONEYS OF THE FUND SHALL BE USED FOR RECYCLING
MARKET DEVELOPMENT, AS PROVIDED IN TITLE FOUR OF ARTICLE TWENTY-SEVEN OF
THE ENVIRONMENTAL CONSERVATION LAW.
  C. THIRTY PERCENT OF THE MONEYS OF THE FUND SHALL BE USED  FOR  LITTER
PREVENTION  AND  CONTROL  PROGRAMS.  OF THESE MONEYS, ONE-SIXTH SHALL BE
USED TOWARD STATEWIDE PROGRAMS FOR PUBLIC  OUTREACH  AND  EDUCATION  AND
FIVE-SIXTHS SHALL BE USED TOWARD COMMUNITY BASED PROGRAMS. OF THE MONEYS
USED  TOWARD  COMMUNITY  PROGRAMS,  ONE-THIRD  SHALL  BE  DISTRIBUTED IN
PROPORTION TO THE POPULATION OF COMMUNITIES, ONE-THIRD SHALL BE DISTRIB-
UTED IN PROPORTION TO THE TOTAL LINEAL ROAD AND BEACH  MILEAGE  OF  EACH
COMMUNITY,  AND  ONE-THIRD  SHALL  BE  DISTRIBUTED  IN PROPORTION TO THE
AMOUNT OF LITTER COLLECTED BY EACH COMMUNITY.
  4. MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT  AND  WARRANT  OF
THE  STATE  COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMIS-
SIONER OF ENVIRONMENTAL CONSERVATION OR  HIS  OR  HER  DESIGNEE  IN  THE
MANNER PRESCRIBED BY LAW.
  S  5.  Title 10 of article 27 of the environmental conservation law is
REPEALED.
  S 6. The environmental conservation law is amended  by  adding  a  new
section 27-0111 to read as follows:
S 27-0111. BEVERAGE CONTAINER REQUIREMENTS.
  1. NO DISTRIBUTOR OR DEALER SHALL SELL OR OFFER FOR SALE, AT WHOLESALE
OR  RETAIL  IN  THIS  STATE,  ANY  METAL BEVERAGE CONTAINER DESIGNED AND
CONSTRUCTED WITH A PART OF THE CONTAINER WHICH IS DETACHABLE IN  OPENING
THE  CONTAINER UNLESS SUCH DETACHABLE PART WILL DECOMPOSE BY PHOTODEGRA-
DATION OR BIODEGRADATION.
  2. NO DISTRIBUTOR OR DEALER SHALL SELL OR OFFER FOR SALE IN THIS STATE
BEVERAGE CONTAINERS CONNECTED TO EACH OTHER BY A SEPARATE HOLDING DEVICE
CONSTRUCTED OF PLASTIC WHICH DOES NOT DECOMPOSE BY  PHOTODEGRADATION  OR
BIODEGRADATION.
  S  7. Subdivision 2-a of section 100 of the alcoholic beverage control
law, as amended by chapter 249 of the laws of 2002, is amended  to  read
as follows:
  2-a.  No  retailer  shall  employ,  or permit to be employed, or shall
suffer to work, on any premises licensed for retail sale hereunder,  any
person  under the age of eighteen years, as a hostess, waitress, waiter,
or in any other capacity where the duties  of  such  person  require  or
permit  such  person  to  sell,  dispense or handle alcoholic beverages;
except that: (1) any person under the age of eighteen years and employed
by any person holding a grocery or drug  store  beer  license  shall  be
permitted  to  handle and deliver beer and wine products for such licen-
see, (2) any person under the age of eighteen employed as a cashier by a
person holding a grocery or drug store beer license shall  be  permitted
to  record  and  receive payment for beer and wine product sales when in

A. 3023                             6

the presence of and under the direct supervision of  a  person  eighteen
years  of age or over, [(2-a) any person under the age of eighteen years
and employed by a person holding a grocery  store  or  drug  store  beer
license  as  either a cashier or in any other position to which handling
of containers which may have  held  alcoholic  beverages  is  necessary,
shall  be permitted to handle the containers if such have been presented
for redemption in accordance with the provisions of title ten of article
twenty-seven of the environmental conservation law,] and (3) any  person
under  the  age  of  eighteen years employed as a dishwasher, busboy, or
other such position as to which handling of containers  which  may  have
held  alcoholic beverages is necessary shall be permitted to do so under
the direct supervision of a person of legal age  to  purchase  alcoholic
beverages in the state.
  S 8. Subdivision b of section 16-505 of the administrative code of the
city  of  New  York,  as added by local law number 42 of the city of New
York for the year 1996, is amended to read as follows:
  b. It shall be unlawful for any person to remove, collect  or  dispose
of  trade  waste  that  is  generated in the course of operation of such
person's business, or to operate as a trade waste broker, without  first
having registered with the commission. Nothing in this subdivision shall
be  construed  to  require  registration  with  the  commission of (i) a
commercial establishment required to provide for the  removal  of  waste
pursuant  to section 16-116 of this code in order for such establishment
to remove recyclable materials generated in the course of its own  busi-
ness to a location owned or leased by such establishment for the purpose
of  collecting  or  storing  such materials for sale or further distrib-
ution; OR (ii) an owner or managing agent of  a  building  in  order  to
remove  recyclable materials generated by commercial tenants within such
building to a central location within such building for the  purpose  of
collecting  or storing such materials for sale or further distribution[;
or (iii) an owner of  an  establishment  required  to  provide  for  the
removal  of  waste  pursuant  to section 16-116 of this code in order to
transport beverage containers,  as  such  term  is  defined  in  section
27-1003  of  the environmental conservation law, or any other recyclable
material generated in the course of operation of its own business, to  a
redemption  center,  as  such term is defined in section 27-1003 of such
law, or to any other place where payment will be received by the commer-
cial  establishment  for  such  materials].  Notwithstanding  any  other
provision  of this subdivision, a business granted an exemption from the
requirement for a license pursuant to  subdivision  a  of  this  section
shall be thereupon issued a registration pursuant to this subdivision.
  S 9. Subchapter 10 of chapter 5 of title 20 of the administrative code
of the city of New York is REPEALED.
  S 10. This act shall take effect immediately, provided, however that:
  a.  subdivision  1 of section 1181 of the tax law, as added by section
three of this act, shall take effect  immediately  and  shall  apply  to
sales  of  beverage  products  made  by  a  manufacturer, wholesaler, or
distributor on or after January 1, 2009; the payment  of  any  fees  and
surcharges  incurred  on  or  prior  to  June  30, 2009 shall be paid by
September 15, 2009; the payment of  any  fees  and  surcharges  incurred
after  June 30, 2009 but prior to January 1, 2010 shall be paid by March
15, 2010; the payment of any fees and surcharges incurred  on  or  after
January  1,  2010  but prior to June 30, 2010 shall be paid by September
15, 2010; the payment of any fees and surcharges incurred  on  or  after
June  30,  2010  but prior to January 1, 2011 shall be paid by March 15,

A. 3023                             7

2010; the payment of any fees incurred on or after January 1, 2011 shall
be paid annually on March 15 of the following year;
  b.  subdivisions  2  and 3 of section 1181 of the tax law, as added by
section three of this act,  shall  take  effect  January  1,  2010;  the
payment  of any fees incurred on or prior to June 30, 2010 shall be paid
by September 15, 2010; the payment of any fees incurred after  June  30,
2010  but  prior to January 1, 2011 shall be paid by March 15, 2011; the
payment of any fees incurred on or after January 1, 2011 shall  be  paid
annually on March 15 of the following year;
  c.  paragraph  b  of  subdivision 1 of section 1181 of the tax law, as
added by section three of this act, shall expire December 31, 2010  when
upon  such  date  the  provisions  of  such  paragraph  shall  be deemed
repealed; and
  d. section five of this act shall take effect January 1, 2011,  except
that containers otherwise returnable under title 10 of article 27 of the
environmental  conservation  law  shall  be  accepted  by  any dealer or
redemption center from a redeemer and accepted by any distributor from a
dealer or redemption center for up to 60 days after such effective date.
All redemptions during the 60 day period are subject to the  same  terms
and conditions described for redemption in title 10 of article 27 of the
environmental conservation law.