S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8668--A
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by  M.  of  A.  CAHILL, COOK, GLICK, McDONALD, GALEF, SIMON,
   STECK,  DINOWITZ,  DICKENS,  HUNTER,   KELLES,   THIELE,   MAGNARELLI,
   LEMONDES,  CRUZ,  BROWN, DAVILA, DURSO, TAGUE, O'DONNELL, GONZALEZ-RO-
   JAS, LUNSFORD, FERNANDEZ, FORREST -- read once  and  referred  to  the
   Committee  on Environmental Conservation -- 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
   expansion of the New York bottle bill
 
   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] ALL CARBONATED AND
 NON-CARBONATED DRINKS IN LIQUID FORM AND  INTENDED  FOR  INTERNAL  HUMAN
 CONSUMPTION,  INCLUDING  BUT NOT LIMITED TO WATER, SOFT DRINKS, MILK AND
 DAIRY DERIVED PRODUCTS,  SPORTS  DRINKS,  TEAS,  JUICES,  AND  ALCOHOLIC
 BEVERAGES. "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,  LAGER  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] OR ANY
 BEVERAGE IDENTIFIED AS A TYPE OF WATER TO WHICH A SUGAR HAS BEEN  ADDED.
 "MILK"  MEANS WHOLE MILK, SKIM MILK, LOW-FAT MILK, CREAM, CULTURED MILK,
 OR ANY COMBINATION OF THOSE PRODUCTS. THE TERM "DAIRY DERIVED  PRODUCTS"
 INCLUDES  ANY  PRODUCT  OF  WHICH THE SINGLE LARGEST INGREDIENT IS MILK,
 MILK FAT, OR CULTURED MILK. "SPORTS DRINKS" MEANS DRINKS THAT ARE MOSTLY
 WATER, ELECTROLYTES (SUCH AS  SODIUM  OR  POTASSIUM)  AND  CARBOHYDRATES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13924-04-2
 A. 8668--A                          2

 (SUCH  AS  SUCROSE  OR  FRUCTOSE).   "TEAS" MEANS DRINKS BREWED FROM TEA
 LEAVES WHICH MAY OR MAY NOT INCLUDE SWEETENERS AND OTHER FLAVORS. "JUIC-
 ES" MEANS DRINKS WHICH THE MAIN INGREDIENT  IS  THE  JUICE  FROM  FRUITS
 AND/OR  VEGETABLES.  "ALCOHOLIC  BEVERAGES"  MEANS  BEER  AND OTHER MALT
 BEVERAGES, LIQUORS,  SPIRITS,  WINES,  WINE  PRODUCTS,  AND  CIDERS,  AS
 DEFINED  IN SUBDIVISIONS THREE, NINETEEN, TWENTY-NINE, THIRTY-SIX, THIR-
 TY-SIX-A, AND PARAGRAPH (A) OF SUBDIVISION SEVEN-B OF SECTION  THREE  OF
 THE  ALCOHOLIC  BEVERAGE  CONTROL LAW, RESPECTIVELY. THE TERM "BEVERAGE"
 SHALL NOT INCLUDE:
   A. INFANT FORMULA;
   B. A LIQUID THAT IS A SYRUP, IN  A  CONCENTRATED  FORM,  OR  TYPICALLY
 ADDED  AS  A  MINOR  FLAVORING  INGREDIENT  IN  FOOD  OR  DRINK, SUCH AS
 EXTRACTS, COOKING ADDITIVES, SAUCES OR CONDIMENTS;
   C. A LIQUID THAT IS INGESTED IN VERY  SMALL  QUANTITIES  AND  THAT  IS
 CONSUMED FOR MEDICINAL PURPOSES ONLY;
   D. PRODUCTS FROZEN AT THE TIME OF SALE;
   E. PRODUCTS DESIGNED TO BE CONSUMED IN A FROZEN STATE;
   F. INSTANT DRINK POWDERS;
   G. SEAFOOD, MEAT OR VEGETABLE BROTHS OR SOUPS; AND
   H. YOGURT PRODUCTS.
   §  2.  Section 27-1005 of the environmental conservation law, as added
 by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
 read as follows:
 § 27-1005. Refund value.
   No person shall sell or offer for sale a beverage  container  in  this
 state  unless  the  deposit  on  such  beverage container is or has been
 collected by a registered deposit initiator and  unless  such  container
 has  a  refund  value of not less than [five] TEN cents which is clearly
 indicated thereon as provided in section 27-1011 of this title.
   § 3. Paragraph a of subdivision 4 of section 27-1012 of  the  environ-
 mental  conservation law, as added by section 8 of part SS of chapter 59
 of the laws of 2009, is amended to read as follows:
   a. Quarterly payments. An amount equal to [eighty] NINETY  percent  of
 the  balance  outstanding  in  [the]  A DEPOSIT INITIATOR'S 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 subdivi-
 sion three of this section is required to be filed. The commissioner  of
 taxation  and  finance  may  require that the payments be made electron-
 ically. The remaining [twenty] TEN 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 commis-
 sioner at such time, in lieu of the amount described  in  the  preceding
 sentence, an amount equal to the balance which would have been outstand-
 ing  on  such  date  had  such  provisions been fully complied with. The
 commissioner of taxation and finance may require that  the  payments  be
 made electronically.
   §  4.  Subdivision 5 of section 27-1012 of the environmental conserva-
 tion law, as amended by section 2 of part JJ of chapter 58 of  the  laws
 of 2017, is amended to read as follows:
   5.  All moneys 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
 A. 8668--A                          3
 
 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,  beginning  April
 first,  two  thousand thirteen, nineteen million dollars, and all fiscal
 years thereafter, twenty-three million dollars plus all  funds  received
 from  the  payments due each fiscal year pursuant to subdivision four of
 this section in excess of the greater of the amount received from  April
 first,  two  thousand  twelve  through  March thirty-first, two thousand
 thirteen  or  one  hundred  twenty-two  million  two  hundred   thousand
 dollars];  PROVIDED,  HOWEVER,  THAT  AT  THE BEGINNING OF THE QUARTERLY
 PERIOD NEXT SUCCEEDING THE EFFECTIVE DATE OF A CHAPTER OF  THE  LAWS  OF
 TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION:
   (A)  FIFTY  PERCENT OF REVENUE DEPOSITED UNDER THIS SUBDIVISION, shall
 be deposited to the credit of the environmental protection fund,  estab-
 lished pursuant to section ninety-two-s of the state finance law; AND
   (B) FIVE AND ONE-HALF PERCENT OF REVENUE DEPOSITED UNDER THIS SUBDIVI-
 SION SHALL BE DISTRIBUTED TO REGISTERED REDEMPTION CENTERS ON A QUARTER-
 LY BASIS, IN A MANNER PRESCRIBED BY THE COMPTROLLER.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.