S T A T E O F N E W Y O R K
________________________________________________________________________
5816
2013-2014 Regular Sessions
I N A S S E M B L Y
March 6, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, GOTTFRIED, JACOBS, MAISEL, CASTRO,
DINOWITZ, HOOPER -- Multi-Sponsored by -- M. of A. BOYLAND, GLICK,
HEASTIE, THIELE, WEISENBERG -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing a refundable deposit on wine and liquor containers; and
to amend the environmental conservation law and the state finance law,
in relation to the deposit of unredeemed deposits thereon into the
environmental protection fund and the state park infrastructure fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 27-1003 of the environmental
conservation law, as amended by section 2 of part SS of chapter 59 of
the laws of 2009, is amended to read as follows:
1. "Beverage" means carbonated soft drinks, 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, WINE AS DEFINED
IN SUBDIVISION THIRTY-SIX OF SECTION THREE OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, AND LIQUOR AS DEFINED IN SUBDIVISION NINETEEN 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. "Water" means
any beverage identified through the use of letters, words or symbols on
its product label as a type of water, including any flavored water or
nutritionally enhanced water, provided, however, that "water" does not
include any beverage identified as a type of water to which a sugar has
been added.
S 2. Subdivision 5 of section 27-1012 of the environmental conserva-
tion law, as added by section 8 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09476-01-3
A. 5816 2
5. All 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 compa-
nies 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 the revenue deposited under this subdivision during the preceding
calendar month and remaining to the comptroller's credit on the last day
of that preceding month; PROVIDED, HOWEVER, THAT THE COMPTROLLER SHALL
DEPOSIT ALL REVENUE DERIVED FROM WINE AND LIQUOR CONTAINERS IN EQUAL
PORTIONS IN THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED BY SECTION
NINETY-TWO-S OF THE STATE FINANCE LAW AND THE STATE PARK INFRASTRUCTURE
FUND ESTABLISHED BY SECTION NINETY-SEVEN-MM OF THE STATE FINANCE LAW, AS
ADDED BY CHAPTER FIFTY-FIVE OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO.
S 3. Subdivision 3 of section 92-s of the state finance law, as
amended 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 PURSUANT TO SUBDIVISION FIVE OF SECTION 27-1012
OF THE ENVIRONMENTAL CONSERVATION LAW, all moneys required to be depos-
ited 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 deposit-
ed from the Northville settlement pursuant to section one hundred twen-
ty-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 North-
ville 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 depos-
ited pursuant to article thirty-three of the environmental conservation
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 thir-
ty-three of article fifteen of the environmental conservation law[, as
added by a chapter of the laws of two thousand nine] 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
A. 5816 3
environmental protection fund, for application as provided in subdivi-
sion five of this section.
S 4. Subdivision 2 of section 97-mm of the state finance law, as added
by chapter 55 of the laws of 1992, is amended to read as follows:
2. Such fund shall consist of: (a) revenues received by the state
pursuant to section 13.15 and subdivisions two, two-a and two-b of
section 3.09 of the parks, recreation and historic preservation law
except those revenues required for the support of the patron services
account in the miscellaneous special revenue fund pursuant to appropri-
ation by the legislature; (b) all revenues received by the state pursu-
ant to section 13.16 of the parks, recreation and historic preservation
law; (c) all revenues received by the state pursuant to contracts, leas-
es, licenses and easements entered into by or with the consent of the
commissioner of parks, recreation and historic preservation pursuant to
section 13.06 of the parks, recreation and historic preservation law;
(D) ALL MONEYS REQUIRED TO BE DEPOSITED THEREIN PURSUANT TO SUBDIVISION
FIVE OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW; and [(d)]
(E) all other moneys credited or appropriated for transfer thereto from
any other fund or source according to law.
S 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.