Relates to the handling fee paid to any dealer or operator of a redemption center

S T A T E O F N E W Y O R K ________________________________________________________________________ 8517 2021-2022 Regular Sessions I N A S S E M B L Y December 13, 2021 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the handling fee paid to any dealer or operator of a redemption center THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 27-1007 of the environmental conservation law, as added by section 4 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: 6. In addition to the refund value of a beverage container as estab- lished by section 27-1005 of this title, a deposit initiator shall pay to any dealer or operator of a redemption center a handling fee of [three and one-half] FIVE cents for each beverage container accepted by the deposit initiator from such dealer or operator of a redemption center. Payment of the handling fee shall be as compensation for collecting, sorting and packaging of empty beverage containers for transport back to the deposit initiator or its designee. Payment of the handling fee may not be conditioned on the purchase of any goods or services, nor may such payment be made out of the refund value account established pursuant to section 27-1012 of this title. A distributor who does not initiate deposits on a type of beverage container is considered a dealer only for the purpose of receiving a handling fee from a deposit initiator. § 2. Paragraphs a and c of subdivision 4 of section 27-1012 of the environmental conservation law, as added by section 8 of part SS of chapter 59 of the laws of 2009, are amended to read as follows: a. Quarterly payments. An amount equal to [eighty] FORTY-SEVEN percent of the balance outstanding in the refund value account at the close of each quarter shall be paid to the commissioner of taxation and finance at the time the report provided for in subdivision three of this section is required to be filed. The commissioner of taxation and finance may EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13142-02-1 A. 8517 2 require that the payments be made electronically. The remaining [twen- ty] FIFTY-THREE percent of the balance outstanding at the close of each quarter shall be the monies of the deposit initiator and may be with- drawn from such account by the deposit initiator. If the provisions of this section with respect to such account have not been fully complied with, each deposit initiator shall pay to such commissioner at such time, in lieu of the amount described in the preceding sentence, an amount equal to the balance which would have been outstanding on such date had such provisions been fully complied with. The commissioner of taxation and finance may require that the payments be made electron- ically. c. Final report. A deposit initiator who ceases to do business in this state as a deposit initiator shall file a final report and remit payment of [eighty] FORTY-SEVEN percent of all amounts remaining in the refund value account as of the close of the deposit initiator's last day of business. The commissioner of taxation and finance may require that the payments be made electronically. The deposit initiator shall indicate on the report that it is a "final report". The final report is due to be filed with payment twenty days after the close of the quarterly period in which the deposit initiator ceases to do business. In the event the deposit initiator pays out more in refund values than it collects in such final quarterly period, the deposit initiator may apply to the commissioner of taxation and finance for a refund of the amount of such excess payment of refund values from sources other than the refund value account, in the manner as provided by the commissioner of taxation and finance. § 3. This act shall take effect April 1, 2022.