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

                                  1936

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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
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 January 1, 2014.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD05415-01-3