S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4947--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by  Sens.  PARKER, COMRIE -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation  -- recommitted to the Committee on Environmental Conser-
   vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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, SPORTS
 DRINKS, TEAS AND JUICES. "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.  "SPORTS DRINKS" MEANS DRINKS THAT ARE MOSTLY WATER, ELECTROLYTES
 (SUCH AS SODIUM OR POTASSIUM) AND  CARBOHYDRATES  (SUCH  AS  SUCROSE  OR
 FRUCTOSE).   "TEAS" MEANS DRINKS BREWED FROM TEA LEAVES WHICH MAY OR MAY
 NOT INCLUDE SWEETENERS AND OTHER FLAVORS. "JUICES"  MEANS  DRINKS  WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06467-02-4
              

 S. 4947--A                          2
 
 THE MAIN INGREDIENT IS THE JUICE FROM FRUITS AND/OR VEGETABLES. 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. 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
 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] THE 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-FOUR 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.
   §  3.  The section heading and subdivision 1 of section 27-1013 of the
 environmental conservation law, as amended by section 7  of  part  F  of
 chapter 58 of the laws of 2013, are amended and a new subdivision 1-a is
 added to read as follows:
   Redemption centers AND DEALERS.
   1.  The commissioner is hereby empowered to promulgate rules and regu-
 lations governing (a) the circumstances  in  which  deposit  initiators,
 dealers  and distributors, individually or collectively, are required to
 accept the return  of  empty  beverage  containers,  including  beverage
 containers  processed  through reverse vending machines and make payment
 S. 4947--A                          3
 
 therefor; (b) the sorting of the containers which a deposit initiator or
 distributor may require of  dealers  and  redemption  centers;  (c)  the
 collection  of  returned  beverage  containers  by deposit initiators or
 distributors, including the party to whom such expense is to be charged,
 the  frequency of such pick ups and the payment for refunds and handling
 fees thereon; (d) the right of dealers to restrict or limit  the  number
 of  containers  redeemed, the rules for redemption at the dealers' place
 of business, and the redemption of containers from a beverage for  which
 sales  have  been  discontinued[;  (e) to]. THE COMMISSIONER SHALL issue
 registrations to persons, firms or corporations which establish  redemp-
 tion  centers, subject to applicable provisions of local and state laws,
 at which redeemers and dealers may return empty beverage containers  and
 receive  payment  of  the refund value of such beverage containers. Such
 registrations shall be issued at no cost. [Should  the]  THE  department
 SHALL  require  by  regulations  adopted pursuant to this paragraph that
 redemption centers must obtain a registration as a condition  of  opera-
 tion,  any redemption center in business as of March first, two thousand
 [thirteen] TWENTY-FOUR that previously provided the department with  the
 notification  information  required  by regulations in effect as of such
 date may continue to operate  as  if  the  department  had  issued  such
 redemption  center  a registration required by regulations adopted under
 this paragraph; provided, however, that  such  redemption  center  shall
 provide  the  department  with  any  other information required by regu-
 lations adopted pursuant to this paragraph.  The department  may,  after
 due  notice  and  opportunity  of hearing, pursuant to the provisions of
 section 71-1709 of this chapter, deny an application or revoke a  regis-
 tration.  In  determining  whether  or  not to revoke a registration the
 commissioner shall at a minimum, take into consideration the  compliance
 history  of  a violator, good faith efforts of a violator to comply, any
 economic benefit from noncompliance and whether the violation was proce-
 dural in nature. The commissioner's determination to revoke a  registra-
 tion is subject to review under article seventy-eight of the civil prac-
 tice  law  and  rules;  and [(f)] (E) the operation of mobile redemption
 centers in order to ensure that to the best extent practicable  contain-
 ers are not proffered for redemption to a deposit initiator or distribu-
 tor  outside  of  the geographic area where such deposit initiator sells
 containers and initiates deposits.
   1-A. ANY PERSON REQUIRED TO BE  REGISTERED  UNDER  THIS  SECTION  WHO,
 WITHOUT  BEING  SO  REGISTERED,  REDEEMS  OR  OFFERS  TO REDEEM BEVERAGE
 CONTAINERS IN THIS STATE, IN ADDITION TO ANY OTHER  PENALTY  IMPOSED  BY
 THIS  TITLE, SHALL BE SUBJECT TO A PENALTY TO BE ASSESSED BY THE COMMIS-
 SIONER OF TAXATION AND FINANCE IN AN AMOUNT NOT TO EXCEED  FIVE  HUNDRED
 DOLLARS  FOR  THE  FIRST  DAY ON WHICH SUCH SALES OR OFFERS FOR SALE ARE
 MADE, PLUS AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH  SUBSE-
 QUENT DAY ON WHICH SUCH SALES OR OFFERS FOR SALE ARE MADE, NOT TO EXCEED
 TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE.
   §  4. Section 27-1015 of the environmental conservation law is amended
 by adding three new subdivisions 3-a, 4-a and 4-b to read as follows:
   3-A. IT SHALL BE UNLAWFUL FOR A REDEMPTION CENTER OR DEALER AS DEFINED
 IN THIS TITLE, ACTING ALONE OR AIDED BY ANOTHER,  TO  RETURN  ANY  EMPTY
 BEVERAGE CONTAINER TO A DEALER OR REDEMPTION CENTER FOR ITS REFUND VALUE
 IF THE REDEMPTION CENTER OR DEALER HAD PREVIOUSLY ACCEPTED SUCH BEVERAGE
 CONTAINER  FROM ANY DEALER OR OPERATOR OF A REDEMPTION CENTER OR IF SUCH
 CONTAINER WAS PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING  MACHINE.  A
 VIOLATION  OF  THIS  SUBDIVISION  SHALL BE A MISDEMEANOR PUNISHABLE BY A
 FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE  THAN  ONE  THOUSAND
 S. 4947--A                          4
 
 DOLLARS AND AN AMOUNT EQUAL TO TWO TIMES THE AMOUNT OF MONEY RECEIVED AS
 A  RESULT OF SUCH VIOLATION PLUS A REVOCATION OF THE REDEMPTION CENTER'S
 REGISTRATION.
   4-A.  ANY  REDEMPTION CENTER WHO KNOWINGLY TENDERS TO A DEPOSIT INITI-
 ATOR MORE THAN FORTY-EIGHT EMPTY  BEVERAGE  CONTAINERS  FOR  WHICH  SUCH
 REDEMPTION  CENTER  KNOWS  OR SHOULD REASONABLY KNOW THAT NO DEPOSIT WAS
 PAID IN NEW YORK STATE MAY BE ASSESSED BY THE DEPARTMENT A CIVIL PENALTY
 OF UP TO ONE HUNDRED DOLLARS FOR EACH CONTAINER OR  RESULT  IN  A  CIVIL
 PENALTY  OF  UP  TO SEVENTY-FIVE THOUSAND DOLLARS AND REVOCATION OF SUCH
 REDEMPTION CENTERS REGISTRATION.
   4-B. A DEPOSIT INITIATOR WHO UPON AUDIT DISCOVERS  THAT  A  REDEMPTION
 CENTER  REPORTED  MORE BEVERAGE CONTAINERS THAN WERE ACTUALLY PHYSICALLY
 TENDERED SHALL PROVIDE WRITTEN NOTICE TO THE REDEMPTION CENTER  OF  SUCH
 SHORTFALL  AND  SHALL  PROVIDE  A  REFUND  BASED  ON THE ACTUAL TENDERED
 AMOUNT.   A DEPOSIT INITIATOR WHO UPON  AUDIT  DISCOVERS  A  DISCREPANCY
 BETWEEN  THE  REDEMPTION CENTER'S REPORTED NUMBER OF BEVERAGE CONTAINERS
 AND THE ACTUAL PHYSICAL COUNT OF TEN PERCENT OR GREATER SHALL PROVIDE  A
 REFUND  BASED  ON  THE ACTUAL TENDERED AMOUNT OF BEVERAGE CONTAINERS AND
 WITHHOLD FIFTY PERCENT OF THE REDEMPTION  CENTER'S  HANDLING  FEE  WHICH
 WOULD  HAVE  BEEN  PAYABLE FOR SUCH TENDER. A DEPOSIT INITIATOR UPON ANY
 SUBSEQUENT AUDIT WHICH PRODUCES A DISCREPANCY OF TEN PERCENT OR MORE MAY
 WITHHOLD UP TO ONE HUNDRED PERCENT OF THE REDEMPTION  CENTER'S  HANDLING
 FEE. ANY FUNDS WITHHELD BY A DEPOSIT INITIATOR PURSUANT TO THIS SUBDIVI-
 SION  SHALL  BE KEPT BY THE DEPOSIT INITIATOR TO DEFRAY THE COSTS OF THE
 AUDITING PROCESS.
   § 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.