S T A T E   O F   N E W   Y O R K
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                                   485

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  GOTTFRIED, DINOWITZ, HOOPER --
  Multi-Sponsored by -- M.   of  A.  GLICK,  THIELE  --  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 amended by section 6 of part F of chapter 58 of the laws of
2013, is amended to read as follows:

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

                                                           LBD06125-01-5

A. 485                              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,  [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 nine-
ty-two-s of the state finance law] 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 11 of part F of chapter 58 of the laws  of  2013,  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

A. 485                              3

of the environmental conservation law,[all moneys collected pursuant  to
title  thirty-three of article fifteen of the environmental conservation
law,] beginning with the fiscal year  commencing  on  April  first,  two
thousand  thirteen,  and  all  fiscal  years thereafter, fifteen million
dollars plus all funds received by the state each fiscal year in  excess
of  the  amount  received  from April first, two thousand twelve through
March thirty-first, two thousand thirteen, from the  payments  collected
pursuant  to  subdivision  four  of section 27-1012 of the environmental
conservation law and all funds collected pursuant to section 27-1015  of
the  environmental  conservation  law,  provided such funds shall not be
less than four million dollars for  the  fiscal  year  commencing  April
first,  two  thousand  thirteen, and not less than eight million dollars
for all fiscal years thereafter and all other moneys credited or  trans-
ferred  thereto  from any other fund or source pursuant to law. All such
revenue shall be initially deposited into the  environmental  protection
fund, for application as provided in subdivision 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.