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

                                  1971

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, COLTON -- Multi-Sponsored by -- M.
  of A. CLARK, CYMBROWITZ, DINOWITZ, GOTTFRIED, McENENY -- read once and
  referred to the Committee on Environmental Conservation

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.   Subdivision 1 of section  27-1003  of  the  environmental
conservation  law,  as  amended  by  chapter 778 of the laws of 1988, is
amended to read as follows:
  1. "Beverage" means carbonated soft  drinks,  FRUIT  JUICES,  ICE  TEA
BEVERAGES,  MILK, mineral water, soda 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  fermenta-
tion  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.
  S  2.  Subdivision 2 of section 27-1003 of the environmental conserva-
tion law, as amended by chapter 546 of the laws of 1986, is  amended  to
read as follows:
  2.  "Beverage container" means the individual, separate, sealed glass,
metal, aluminum, steel or plastic bottle, can or jar used for containing
one gallon or 3.8 liters or less at the  time  of  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  THAN  TWENTY-FIVE
TIMES.  Beverage containers sold or distributed aboard aircraft or ships
shall  be  considered  as  intended  for use or consumption outside this
state.
  S 3. This act shall take effect January 1, 2010.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05483-01-9