S T A T E   O F   N E W   Y O R K
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                                 495--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, COLTON -- Multi-Sponsored by -- M.
  of A. CLARK, CYMBROWITZ, DINOWITZ, GOTTFRIED -- read once and referred
  to the Committee on Environmental Conservation -- recommitted  to  the
  Committee  on  Environmental  Conservation in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  litter control

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

  Section  1.    Subdivisions 1 and 2 of section 27-1003 of the environ-
mental conservation law, as amended by section 2 of part SS  of  chapter
59 of the laws of 2009, are amended to read as follows:
  1.  "Beverage"  means  carbonated  soft drinks, FRUIT JUICES, ICED TEA
BEVERAGES, MILK, water, beer, other malt beverages, WINE, LIQUOR and [a]
wine [product]  PRODUCTS  as  defined  in  subdivision  thirty-six-a  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.
  2. "Beverage container" means the individual, separate, sealed  glass,
metal, aluminum, steel or plastic bottle, can or jar used for containing
less  than  one  gallon  or 3.78 liters at the time of sale or offer for
sale of a beverage intended for use or consumption  in  this  state  AND
WHICH  IS  REFILLABLE WITH A CAPACITY TO BE REFILLED AND RESOLD NOT LESS

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

                                                           LBD05871-03-6

A. 495--A                           2

THAN TWENTY-FIVE TIMES.  Beverage containers sold or offered for sale or
distributed aboard aircraft or ships shall be considered as intended for
use or consumption outside this state.
  S  2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.