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

                                  5557

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, GOTTFRIED, JACOBS, MAISEL, CASTRO,
  DINOWITZ, HOOPER -- Multi-Sponsored by --  M.  of  A.  BING,  BOYLAND,
  GLICK,  HEASTIE,  MAYERSOHN,  THIELE,  WEISENBERG  --  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 added by section 8 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09137-01-1
              

A. 5557                             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 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  2  of part T of chapter 59 of the laws of 2009, 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
of  the  environmental  conservation  law, [as added by a chapter of the
laws of two thousand nine,] all moneys collected pursuant to title thir-
ty-three of article fifteen of the environmental conservation  law[,  as
added  by  a  chapter  of  the  laws of two thousand nine] and all other
moneys credited or transferred thereto from any  other  fund  or  source
pursuant  to law. All such revenue shall be initially deposited into the

A. 5557                             3

environmental protection fund, for application as provided  in  subdivi-
sion 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.