Requires that bottle deposits retained by the state shall be allocated to the environmental protection fund

25 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Neil D. Breslin
• Martin Malavé Dilan
• Thomas K. Duane
• Patrick M. Gallivan
• Michael Gianaris
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Liz Krueger
• Kenneth P. LaValle
• Carl L. Marcellino
• Jack M. Martins
• George D. Maziarz
• Roy J. McDonald
• Velmanette Montgomery
• Thomas F. O'Mara
• Suzi Oppenheimer
• Kevin S. Parker
• Bill Perkins
• Patty Ritchie
• José M. Serrano
• James L. Seward
• Andrea Stewart-Cousins
• Catharine Young

BILL NUMBER:S5403A

Title of bill

An act to amend the environmental conservation law and the state finance law, in relation to requiring retained deposits on unredeemed containers to be deposited into the environmental protection fund

Purpose

This bill would provide a net increase in the amount of funds being added to the Environmental Protection Fund as a result of the Returnable Beverage Container Law, commonly known as The Bottle Bill, beginning in fiscal year 2013-14, without increasing any tax and without altering the existing rights, duties or obligations of businesses or individuals participating in the beverage container deposit refund system.

Summary of specific provisions

Section 1. Subdivision 5 of section 27-1012 or the environmental conservation law, as added by section D of part ss or chapter 59 of the laws of 2009, is amended to read as follows:

All monies collected or received by the department of taxation and finance pursuant to this title shall he deposited to the credit of the comptroller with such responsible banks, banking houses or trust companies as may be designated by the comptroller. After reserving the amount to pay refunds, the comptroller must by the 10th day of each month pay into the state treasury to the credit of the general fund or into the environmental protection fund, in accordance with schedule listed below:

The portion of the revenue to be deposited into the environmental protection fund after the amount to pay refunds has been reserved shall be:

(i) 25% of monies received by the State placed in the EPF in FY 2013-14;

(ii) 50% of monies received placed in the EPF in FY 2014-15

(iii) 75% of monies received placed in the EPF in FY 2015-16

(iv) 100% of monies received placed in the EPF in FY 2016-17 and every year thereafter. The legislation ensures that there will be no corresponding reduction in monies to fund the EPF from any other State source.

Justification

New York's 'bottle bill" is one of the State's most successful recycling and anti-litter initiatives. There is less litter and broken glass in our streets, fang fields, playgrounds. parks and beaches as a result of the bottle bill. It has also reduced the burden of solid waste disposal that is shouldered by local governments and taxpayers. This legislation amends section (5) of ECL 27-1012 by providing that retained deposit funds received

by the state be paid into the Environmental Protection Fund (EPF) starting in 2013-14. in phased 25% increments annually, without affecting the 20% of the total retained deposits allowed for by use by the deposit initiators and without affecting the duties and rights of retailers or consumers. This ensures that income earned by implementation of a part of the Environmental Conservation Law would be devoted to programs benefiting the environment, consistent with the original stated intent of proponents advocating use of the retained deposits for public purposes.

Prior legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.