Senate Bill S1228

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

                                  1228

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  including wine and water bottles as returnable beverage containers, in
  relation to requiring state accounting of returnable beverage contain-
  er  revenues,  in  relation  to  creating  the youth conservation corp
  program; and to amend the state finance law, in relation to establish-
  ing the youth conservation corp fund

  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 accumulation
of litter which must be disposed of at increasing public expense. Bever-
age 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.
                                                           LBD04685-01-9

              

S. 1228                             2

  S  2.  Subdivisions  1  and  6 of section 27-1003 of the environmental
conservation law, subdivision 1 as amended by chapter 778 of the laws of
1988 and subdivision 6 as added by chapter 200 of the laws of 1982,  are
amended to read as follows:
  1. "Beverage" means carbonated soft drinks, mineral water, soda water,
BOTTLED   WATER,   WINE,   WINE   PRODUCTS  AS  DEFINED  IN  SUBDIVISION
THIRTY-SIX-A OF SECTION THREE OF THE  ALCOHOLIC  BEVERAGE  CONTROL  LAW,
beer,  [other]  AND  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 alco-
holic  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.
  6. "Distributor" means any person, firm or corporation [which] WHO:
  A.  bottles,  cans or otherwise fills or packages beverage containers,
or which engages in the sale of such containers to a dealer; OR
  B. IMPORTS FILLED BEVERAGE CONTAINERS INTO THE UNITED STATES.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 27-1006 to read as follows:
S 27-1006. STATE ACCOUNTING; RETURNABLE BEVERAGE CONTAINER REVENUE.
  1.  ON OR BEFORE JUNE FIRST, TWO THOUSAND NINE AND ANNUALLY THEREAFTER
EVERY DISTRIBUTOR SHALL SUBMIT AN  ACCOUNTING  TO  THE  COMMISSIONER  OF
TAXATION  AND  FINANCE  OF  ALL EXCESS REVENUE ACCRUED FROM THEIR BOTTLE
DEPOSIT ACCOUNT FOR THE PREVIOUS YEAR.
  2. THE COMMISSIONER OF TAXATION AND FINANCE  IS  DIRECTED  TO  DEPOSIT
EXCESS  FUNDS  IN  THE  YOUTH  CONSERVATION CORP FUND, AS ESTABLISHED BY
SECTION NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  3. FOR PURPOSES OF THIS SECTION:
  A. "EXCESS REVENUE" MEANS ALL FUNDS GENERATED FROM THE SALE OF  BEVER-
AGE  CONTAINERS LESS ANY MONIES PAID FOR THE RETURN OF BEVERAGE CONTAIN-
ERS.
  B. "EXCESS FUNDS" MEANS EXCESS REVENUE LESS THREE PERCENT FOR ACCOUNT-
ING AND ADMINISTRATION EXPENSES INCURRED BY THE DISTRIBUTOR.
  S 4. The state finance law is amended by adding a new section 97-j  to
read as follows:
  S  97-J. YOUTH CONSERVATION CORP FUND.  1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
TAXATION  AND  FINANCE A FUND TO BE KNOWN AS THE YOUTH CONSERVATION CORP
FUND.
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO SECTION
27-1006 OF THE ENVIRONMENTAL CONSERVATION  LAW,  AND  ALL  OTHER  MONEYS
CREDITED  OR  TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW. FOR EACH STATE FISCAL YEAR, THERE SHALL BE APPROPRIATED  TO  THE
FUND BY THE STATE, IN ADDITION TO ALL OTHER MONEYS REQUIRED TO BE DEPOS-
ITED  INTO SUCH FUND, AN AMOUNT EQUAL TO THE AMOUNTS OF MONEYS COLLECTED
AND DEPOSITED INTO THE FUND PURSUANT TO SECTION 27-1006 OF THE  ENVIRON-
MENTAL CONSERVATION LAW DURING THE PRECEDING CALENDAR YEAR, AS CERTIFIED
BY  THE  COMPTROLLER.  NOTHING  CONTAINED HEREIN SHALL PREVENT THE STATE
FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND  ACCORDING  TO
LAW.
  3.  MONEYS  IN THE YOUTH CONSERVATION CORP FUND SHALL BE KEPT SEPARATE
AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE
COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER.

S. 1228                             3

  4.  THE  MONEYS  IN  SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES
SPELLED OUT IN ARTICLE FIFTY-EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION
LAW.
  5.  ALL  PAYMENTS  FROM  SUCH  FUND SHALL BE MADE BY THE DEPARTMENT OF
TAXATION AND FINANCE AFTER AUDIT  AND  WARRANT  OF  THE  COMPTROLLER  ON
VOUCHERS APPROVED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
  S  5.  The  environmental  conservation law is amended by adding a new
article 58 to read as follows:
                                ARTICLE 58
                     YOUTH CONSERVATION CORP PROGRAM
SECTION 58-0101. YOUTH CONSERVATION CORP PROGRAM.
        58-0103. DEFINITIONS.
S 58-0101. YOUTH CONSERVATION CORP PROGRAM.
  1. THERE IS HEREBY ESTABLISHED A YOUTH CONSERVATION CORP PROGRAM WHICH
SHALL PERMIT ELIGIBLE STUDENTS TO WORK AT DEPARTMENT FACILITIES THROUGH-
OUT THE YEAR.
  2. THE PURPOSE OF THE PROGRAM IS TO ENCOURAGE HIGH SCHOOL STUDENTS  TO
BECOME  MORE INVOLVED WITH THE STATE IN ITS QUEST TO PROTECT AND IMPROVE
THE NATURAL RESOURCES AND ENVIRONMENT AND TO  PREVENT  DETERIORATION  BY
POLLUTION  AND  TOXIC  WASTES IN ORDER TO ENHANCE THE HEALTH, SAFETY AND
WELFARE OF THE PEOPLE OF THE STATE AND THEIR OVERALL ECONOMIC AND SOCIAL
WELL-BEING.
  3. THE PROGRAM SHALL RUN ANNUALLY FOR THE PERIOD JULY  FIRST  TO  JULY
FIRST EACH YEAR COMMENCING JULY FIRST, TWO THOUSAND NINE.
  4.  APPLICANTS  SHALL  BE  HIGH SCHOOL STUDENTS WHO HAVE NOT COMPLETED
MORE THAN THEIR JUNIOR YEAR.  NO  STUDENT  SHALL  BE  ELIGIBLE  FOR  THE
PROGRAM MORE THAN TWO YEARS AND MUST APPLY EACH YEAR.
  5.  STUDENT PARTICIPATION IN THE PROGRAM SHALL BE COMPENSATED WITH ONE
THOUSAND DOLLARS IN A TUITION WAIVER PER STUDENT, PER YEAR  TO  BE  USED
FOR A COLLEGE WITHIN THE STATE.
  6.  THE  APPLICATION  OF THIS PROGRAM SHALL BE ESTABLISHED IN A MANNER
AND FORM PRESCRIBED BY THE DEPARTMENT.
  7. IN IMPLEMENTING, MANAGING AND ADMINISTERING THE YOUTH  CONSERVATION
CORP PROGRAM PURSUANT TO THE PROVISIONS OF THIS SECTION, THE COMMISSION-
ER MAY PERFORM SUCH ACTS AND PROMULGATE SUCH RULES AND REGULATIONS AS HE
OR SHE DEEMS NECESSARY, PROPER OR DESIRABLE TO CARRY OUT THE PURPOSES OF
THIS SECTION.
  8.  FUNDS  NECESSARY  FOR  THE IMPLEMENTATION OF THIS SECTION SHALL BE
MADE AVAILABLE PURSUANT TO SECTION NINETY-SEVEN-J OF THE  STATE  FINANCE
LAW.
S 58-0103. DEFINITIONS.
  FOR PURPOSES OF THIS ARTICLE:
  1.  "ELIGIBLE  STUDENT" SHALL MEAN A PERSON IN HIGH SCHOOL WHO HAS NOT
COMPLETED THEIR JUNIOR YEAR.
  2. "PROGRAM" SHALL MEAN THE YOUTH CONSERVATION CORP PROGRAM.
  S 6. This  act  shall  take  effect  immediately;  provided,  however,
sections one and two of this act shall take effect on the first of Janu-
ary next succeeding the date on which it shall have become a law.