senate Bill S1019A

2013-2014 Legislative Session

Deposits for refillable beverage containers

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2014 print number 1019a
amend and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

S1019 - Bill Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §27-1012, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S703
2009-2010: S6241

S1019 - Bill Texts

view summary

Provides for deposits for refillable beverage containers; excludes refund values received for refillable beverage containers from being deposited into refund value accounts.

view sponsor memo
BILL NUMBER:S1019

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to deposits of refund values for refillable beverage containers

PURPOSE:
To exempt refillable beverage containers.

SUMMARY OF PROVISIONS:
Section 1 subdivision 1, 2, 3, 4, and 5 of section 27-1012 of the envi-
ronmental conservation law are amended. New subdivision 5-a is added.
Subdivision 1 add except for those refund values received for refillable
beverage containers. Subdivision 2 add except for payment for refund
values on refillable beverage containers. Subdivision 3 add such report
shall not include any information pertaining to refillable beverage
containers. Subdivision 5 add after dedication of the amount the commis-
sioner of taxation and finance determines is necessary to cover reason-
able cost incurred by the department of taxation and finance to imple-
ment, administer, and enforce the provisions of this title. Subdivision
5-a is to read: Each deposit initiator who initiates deposits on refill-
able beverage containers shall file and annual report with the commis-
sioner on a form and in the manner prescribed by the commissioner. The
commissioner may require such report be filed electronically. Such
report shall include all information the commissioner shall determine
appropriate pertaining to deposits for refillable beverage containers,
including but not limited to: total deposits initiated; total deposits
redeemed; and all unclaimed deposits retained by such deposits initi-
ators.

JUSTIFICATION:
Refillable bottlers are becoming scarcer in New York. This bill will
help the last remaining refillable bottlers from having to close their
doors. College Club Beverage in Rochester New York has been in business
for over 80 years bottling soda in refillable bottles. College Club is
a family owned business that relies on their bottles being returned so
the the bottles can be sterilized and refilled for their customers. This
company has not had to punches new soda bottles in since 1982. Refilla-
ble bottlers offer an environmentally sound alternative for those who
buy their beverages from the bottler.

LEGISLATIVE HISTORY:
2009 - 2010 Referred to Environmental Conservation
2011 - 2012 Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  1019

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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
  deposits of refund values for refillable beverage containers

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

  Section 1. Subdivisions 1, 2, 3, 4, and 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, are amended and a new subdivision 5-a is
added to read as follows:
  1. Each deposit initiator shall deposit in a refund value  account  an
amount equal to the refund value initiated under section 27-1005 of this
title  which is received with respect to each beverage container sold by
such deposit initiator, EXCEPT FOR  THOSE  REFUND  VALUES  RECEIVED  FOR
REFILLABLE  BEVERAGE CONTAINERS.   Such deposit initiator shall hold the
amounts in the refund value account in trust for  the  state.  A  refund
value  account  shall  be  an  interest-bearing account established in a
banking institution located in this state, the  deposits  in  which  are
insured by an agency of the federal government. Deposits of such amounts
into  the  refund  value  account shall be made not less frequently than
every five business days. All interest, dividends and returns earned  on
the  refund  value account shall be paid directly into said account. The
monies in such accounts shall be kept separate and apart from all  other
monies  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, EXCEPT FOR PAYMENTS  OF  REFUND  VALUES  ON  REFILLABLE  BEVERAGE
CONTAINERS,  shall  be  paid  from each deposit initiator's refund value

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05005-01-3

S. 1019                             2

account. No other payment or withdrawal from such account  may  be  made
except as prescribed by this section.
  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  commissioner  of  taxation and
finance may require such reports to be filed electronically.  The  quar-
terly  reports required by this subdivision shall be filed for the quar-
terly periods ending on the last day of May, August, November and Febru-
ary 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  all information such commissioner shall determine appro-
priate including but not limited to 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 the refund value account and all
interest, dividends or returns received on  such  account,  during  such
quarter;
  c.  all withdrawals from the refund value 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 subdivision four of this section; and
  d. the balance in the refund value account at the close of such  quar-
ter.    SUCH  REPORT  SHALL  NOT  INCLUDE  ANY INFORMATION PERTAINING TO
REFILLABLE BEVERAGE CONTAINERS.
  4. a. Quarterly payments. An amount equal to [eighty percent  of]  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 subdivision three  of  this  section  is
required  to  be  filed.  [The  commissioner of taxation and finance may
require that the payments be made electronically. The  remaining  twenty
percent of the balance outstanding at the close of each quarter shall be
the  monies  of  the  deposit  initiator  and may be withdrawn from such
account by the deposit initiator.] 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. The commissioner of taxation and
finance may require that the payments be made electronically.
  b. Refund value account shortfall. In the event  a  deposit  initiator
pays  out  more  in refund values than it collects in deposits of refund
values during the course of a quarterly period as described in  subdivi-
sion  three  of  this  section,  the  deposit initiator may apply to the
commissioner of taxation and finance for a refund of the amount of  such
excess payment of refund values from sources other than the refund value
account,  in  the manner as provided by the commissioner of taxation and
finance. [A deposit initiator must apply for  a  refund  no  later  than
twelve months after the due date for filing the quarterly report for the
quarterly  period  for which the refund claim is made. No interest shall
be payable for any refund paid pursuant to this paragraph.]
  c. Final report. A deposit initiator who ceases to do business in this
state as a deposit initiator shall file a final report and remit payment
of [eighty percent of] all amounts remaining in the refund value account
as of the close of the deposit initiator's last  day  of  business.  The
commissioner  of  taxation  and finance may require that the payments be
made electronically. The deposit initiator shall indicate on the  report

S. 1019                             3

that  it  is  a "final report". The final report is due to be filed with
payment twenty days after the close of the quarterly period in which the
deposit initiator ceases to do business. In the event the deposit initi-
ator pays out more in refund values than it collects in such final quar-
terly  period,  the  deposit  initiator may apply to the commissioner of
taxation and finance for a refund of the amount of such  excess  payment
of  refund  values  from sources other than the refund value account, in
the manner as provided by the commissioner of taxation and finance.
  5. All monies collected or received by the department of taxation  and
finance  pursuant  to  this  title,  AFTER  DEDUCTION  OF THE AMOUNT THE
COMMISSIONER OF TAXATION AND FINANCE DETERMINES IS  NECESSARY  TO  COVER
REASONABLE  COSTS  INCURRED BY THE DEPARTMENT OF TAXATION AND FINANCE TO
IMPLEMENT, ADMINISTER, AND ENFORCE THE PROVISIONS OF 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 initi-
ator 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]  ENVIRONMENTAL  PROTECTION
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.
  5-A. EACH DEPOSIT  INITIATOR  WHO  INITIATES  DEPOSITS  ON  REFILLABLE
BEVERAGE CONTAINERS SHALL FILE AN ANNUAL REPORT WITH THE COMMISSIONER ON
A FORM AND IN THE MANNER PRESCRIBED BY THE COMMISSIONER. THE COMMISSION-
ER  MAY  REQUIRE  SUCH REPORT BE FILED ELECTRONICALLY. SUCH REPORT SHALL
INCLUDE ALL INFORMATION THE  COMMISSIONER  SHALL  DETERMINE  APPROPRIATE
PERTAINING TO DEPOSITS FOR REFILLABLE BEVERAGE CONTAINERS, INCLUDING BUT
NOT  LIMITED  TO: TOTAL DEPOSITS INITIATED; TOTAL DEPOSITS REDEEMED; AND
ALL UNCLAIMED DEPOSITS RETAINED BY SUCH DEPOSIT INITIATOR.
  S 2. This act shall take effect immediately.

S1019A (ACTIVE) - Bill Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §27-1012, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S703
2009-2010: S6241

S1019A (ACTIVE) - Bill Texts

view summary

Provides for deposits for refillable beverage containers; excludes refund values received for refillable beverage containers from being deposited into refund value accounts.

view sponsor memo
BILL NUMBER:S1019A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to deposits of refund values for refillable beverage
containers

PURPOSE:

To exempt refillable beverage containers.

SUMMARY OF PROVISIONS:

Section 1 subdivision 1, 2, 3, 4, and 5 of section 27-1012 of the
environmental conservation law are amended. New subdivision 5-a is
added. Subdivision 1 add except for those refund values received for
refillable beverage containers. Subdivision 2 add except for payment
for refund values on refillable beverage containers. Subdivision 3 add
such report shall not include any information pertaining to refillable
beverage containers. Subdivision 5 add after dedication of the amount
the commissioner of taxation and finance determines is necessary to
cover reasonable cost incurred by the department of taxation and
finance to implement, administer, and enforce the provisions of this
title. Subdivision 5-a is to read: Each deposit initiator who
initiates deposits on refillable beverage containers shall file and
annual report with the commissioner on a form and in the manner
prescribed by the commissioner. The commissioner may require such
report be filed electronically. Such report shall include all
information the commissioner shall determine appropriate pertaining to
deposits for refillable beverage containers, including but not limited
to: total deposits initiated; total deposits redeemed; and all
unclaimed deposits retained by such deposits initiators.

JUSTIFICATION:

Refillable bottlers are becoming scarcer in New York. This bill will
help the last remaining refillable bottlers from having to close their
doors. College Club Beverage in Rochester New York has been in
business for over 80 years bottling soda in refillable bottles.
College Club is a family owned business that relies on their bottles
being returned so the the bottles can be sterilized and refilled for
their customers. This company has not had to punches new soda bottles
in since 1982. Refillable bottlers offer an environmentally sound
alternative for those who buy their beverages from the bottler.

LEGISLATIVE HISTORY:

2009 - 2010 Referred to Environmental Conservation
2011 - 2012 Referred to Environmental Conservation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.


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

                                 1019--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  deposits of refund values for refillable beverage containers

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

  Section  1.  Subdivisions  1, 2, 3, 4, and 5 of section 27-1012 of the
environmental conservation law, subdivisions 1, 2, 3 and 4 as  added  by
section 8 of part SS of chapter 59 of the laws of 2009 and subdivision 5
as amended by section 6 of part F of chapter 58 of the laws of 2013, are
amended and a new subdivision 5-a is added to read as follows:
  1.  Each  deposit initiator shall deposit in a refund value account an
amount equal to the refund value initiated under section 27-1005 of this
title which is received with respect to each beverage container sold  by
such  deposit  initiator,  EXCEPT  FOR  THOSE REFUND VALUES RECEIVED FOR
REFILLABLE BEVERAGE CONTAINERS.  Such deposit initiator shall  hold  the
amounts  in  the  refund  value account in trust for the state. A refund
value account shall be an  interest-bearing  account  established  in  a
banking  institution  located  in  this state, the deposits in which are
insured by an agency of the federal government. Deposits of such amounts
into the refund value account shall be made  not  less  frequently  than
every  five business days. All interest, dividends and returns earned on
the refund value account shall be paid directly into said  account.  The
monies  in such accounts shall be kept separate and apart from all other
monies in the possession of the deposit initiator. The  commissioner  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05005-02-4

S. 1019--A                          2

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, EXCEPT FOR PAYMENTS  OF  REFUND  VALUES  ON  REFILLABLE  BEVERAGE
CONTAINERS,  shall  be  paid  from each deposit initiator's refund value
account. No other payment or withdrawal from such account  may  be  made
except as prescribed by this section.
  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  commissioner  of  taxation and
finance may require such reports to be filed electronically.  The  quar-
terly  reports required by this subdivision shall be filed for the quar-
terly periods ending on the last day of May, August, November and Febru-
ary 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  all information such commissioner shall determine appro-
priate including but not limited to 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 the refund value account and all
interest, dividends or returns received on  such  account,  during  such
quarter;
  c.  all withdrawals from the refund value 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 subdivision four of this section; and
  d. the balance in the refund value account at the close of such  quar-
ter.    SUCH  REPORT  SHALL  NOT  INCLUDE  ANY INFORMATION PERTAINING TO
REFILLABLE BEVERAGE CONTAINERS.
  4. a. Quarterly payments. An amount equal to [eighty percent  of]  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 subdivision three  of  this  section  is
required  to  be  filed.  [The  commissioner of taxation and finance may
require that the payments be made electronically. The  remaining  twenty
percent of the balance outstanding at the close of each quarter shall be
the  monies  of  the  deposit  initiator  and may be withdrawn from such
account by the deposit initiator.] 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. The commissioner of taxation and
finance may require that the payments be made electronically.
  b. Refund value account shortfall. In the event  a  deposit  initiator
pays  out  more  in refund values than it collects in deposits of refund
values during the course of a quarterly period as described in  subdivi-
sion  three  of  this  section,  the  deposit initiator may apply to the
commissioner of taxation and finance for a refund of the amount of  such
excess payment of refund values from sources other than the refund value
account,  in  the manner as provided by the commissioner of taxation and
finance. [A deposit initiator must apply for  a  refund  no  later  than
twelve months after the due date for filing the quarterly report for the
quarterly  period  for which the refund claim is made. No interest shall
be payable for any refund paid pursuant to this paragraph.]

S. 1019--A                          3

  c. Final report. A deposit initiator who ceases to do business in this
state as a deposit initiator shall file a final report and remit payment
of [eighty percent of] all amounts remaining in the refund value account
as of the close of the deposit initiator's last  day  of  business.  The
commissioner  of  taxation  and finance may require that the payments be
made electronically. The deposit initiator shall indicate on the  report
that  it  is  a "final report". The final report is due to be filed with
payment twenty days after the close of the quarterly period in which the
deposit initiator ceases to do business. In the event the deposit initi-
ator pays out more in refund values than it collects in such final quar-
terly period, the deposit initiator may apply  to  the  commissioner  of
taxation  and  finance for a refund of the amount of such excess payment
of refund values from sources other than the refund  value  account,  in
the manner as provided by the commissioner of taxation and finance.
  5.  All monies collected or received by the department of taxation and
finance pursuant to this  title,  AFTER  DEDUCTION  OF  THE  AMOUNT  THE
COMMISSIONER  OF  TAXATION  AND FINANCE DETERMINES IS NECESSARY TO COVER
REASONABLE COSTS INCURRED BY THE DEPARTMENT OF TAXATION AND  FINANCE  TO
IMPLEMENT,  ADMINISTER,  AND ENFORCE THE PROVISIONS OF 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  initi-
ator  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, beginning April first, two  thousand  thirteen,
and  all fiscal years thereafter, fifteen million dollars plus all funds
received from the payments due each fiscal year pursuant to  subdivision
four  of this section in excess of the amount received from April first,
two thousand twelve through March thirty-first, two  thousand  thirteen,
shall  be  deposited  to the credit of the environmental protection fund
established pursuant to section ninety-two-s of the state finance law.
  5-A. EACH DEPOSIT  INITIATOR  WHO  INITIATES  DEPOSITS  ON  REFILLABLE
BEVERAGE CONTAINERS SHALL FILE AN ANNUAL REPORT WITH THE COMMISSIONER ON
A FORM AND IN THE MANNER PRESCRIBED BY THE COMMISSIONER. THE COMMISSION-
ER  MAY  REQUIRE  SUCH REPORT BE FILED ELECTRONICALLY. SUCH REPORT SHALL
INCLUDE ALL INFORMATION THE  COMMISSIONER  SHALL  DETERMINE  APPROPRIATE
PERTAINING TO DEPOSITS FOR REFILLABLE BEVERAGE CONTAINERS, INCLUDING BUT
NOT  LIMITED  TO: TOTAL DEPOSITS INITIATED; TOTAL DEPOSITS REDEEMED; AND
ALL UNCLAIMED DEPOSITS RETAINED BY SUCH DEPOSIT INITIATOR.
  S 2. This act shall take effect immediately.

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