S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9953
 
                           I N  A S S E M B L Y
 
                             February 27, 2018
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, the alcoholic bever-
   age control law and the state finance law, in relation to establishing
   guidelines for carryout bag waste reduction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 28 to read as follows:
                                  TITLE 28
                       CARRYOUT BAG WASTE REDUCTION
 SECTION 27-2801. DEFINITIONS.
         27-2802. CHARGES.
         27-2803. ADDITIONAL OBLIGATIONS FOR STORES.
         27-2804. DEPOSIT AND DISPOSITION OF FEES.
         27-2805. VIOLATIONS.
         27-2806. PREEMPTION OF LOCAL LAW.
 § 27-2801. DEFINITIONS.
   AS USED IN THIS ARTICLE:
   1. "CARRYOUT BAG" MEANS A BAG MADE OF PLASTIC, PAPER, OR OTHER MATERI-
 AL  THAT  IS INTENDED FOR THE PURPOSE OF CARRYING PURCHASED ITEMS AND IS
 PROVIDED BY A STORE TO A CUSTOMER AT THE POINT OF SALE AND THAT IS NOT A
 REUSABLE GROCERY BAG;
   2. "EXEMPT BAG" MEANS A BAG INTENDED TO DIRECTLY CONTAIN FOOD, INCLUD-
 ING, BUT NOT LIMITED TO SANDWICH BAGS, HANDLELESS PRODUCE BAGS AND  BAGS
 PROVIDED BY A PHARMACY TO CARRY PRESCRIPTION DRUGS;
   3. "STORE" MEANS A GENERAL VENDOR, OR A RETAIL OR WHOLESALE ESTABLISH-
 MENT  ENGAGED  IN  THE  SALE  OF  PERSONAL,  CONSUMER OR HOUSEHOLD ITEMS
 INCLUDING BUT NOT LIMITED TO DRUG STORES,  PHARMACIES,  GROCERY  STORES,
 SUPERMARKETS, CONVENIENCE FOOD STORES OR FOODMARTS THAT PROVIDE CARRYOUT
 BAGS  TO CONSUMERS IN WHICH TO PLACE ITEMS PURCHASED OR OBTAINED AT SUCH
 ESTABLISHMENTS. SUCH TERM SHALL NOT INCLUDE FOOD SERVICE ESTABLISHMENTS,
 MOBILE FOOD SERVICE  ESTABLISHMENTS,  OR  EMERGENCY  FOOD  PROVIDERS  OR
 501(C)(3) ORGANIZATIONS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11416-06-8

 A. 9953                             2
 
   4.  "REUSABLE  GROCERY  BAG"  MEANS A BAG WITH HANDLES THAT IS SPECIF-
 ICALLY DESIGNED AND MANUFACTURED FOR MULTIPLE REUSE THAT IS PROVIDED  BY
 A STORE TO A CUSTOMER AT THE POINT OF SALE AND CAPABLE OF CARRYING TWEN-
 TY-TWO POUNDS OVER A DISTANCE OF ONE HUNDRED AND SEVENTY-FIVE FEET FOR A
 MINIMUM  OF  ONE  HUNDRED AND TWENTY-FIVE USES AND IS EITHER (A) MADE OF
 CLOTH OR OTHER MACHINE WASHABLE FABRIC, OR (B) MADE OF  DURABLE  PLASTIC
 THAT  IS AT LEAST 2.25 MILS THICK, MEASURED ACCORDING TO THE ASTM STAND-
 ARD D6988-13;
   5. "MOBILE FOOD VENDOR" MEANS A SELF-CONTAINED FOOD SERVICE OPERATION,
 LOCATED IN A READILY MOVABLE PUSHCART, MOTORIZED WHEELED OR TOWED  VEHI-
 CLE, USED TO STORE, PREPARE, DISPLAY OR SERVE FOOD INTENDED FOR INDIVID-
 UAL PORTION SERVICE.
 § 27-2802. CHARGES.
   1.  (A)  STORES  SHALL CHARGE A FEE OF NO LESS THAN TEN CENTS FOR EACH
 CARRYOUT BAG OR REUSABLE GROCERY BAG PROVIDED TO ANY  PERSON.  NO  STORE
 SHALL  CHARGE  MORE  THAN  TWENTY-FIVE CENTS FOR EACH CARRYOUT BAG. THIS
 CHARGE SHALL BE INCURRED BY THE CUSTOMER AT THE POINT OF SALE, AND  WILL
 APPEAR  AS A SEPARATE CHARGE ON THE RECEIPT RECEIVED BY THE CUSTOMER FOR
 THE PURCHASED ITEMS.
   (B) THE STORE COLLECTING FEES PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION SHALL RETAIN TWENTY PERCENT OF ALL SUCH FEES AND SHALL REMIT  THE
 REMAINING  EIGHTY  PERCENT OF ALL SUCH FEES TO THE COMMISSIONER OF TAXA-
 TION AND FINANCE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 27-2804 OF
 THIS TITLE FOR DEPOSIT TO THE CREDIT  OF  THE  ENVIRONMENTAL  PROTECTION
 FUND  ESTABLISHED  PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE
 LAW.   ALL SUCH FUNDS SHALL BE MADE  AVAILABLE  TO  LOCALITIES  FOR  THE
 PURPOSE  OF  POLLUTION REDUCTION, CLEANUP, AND EDUCATION, AND PURCHASING
 AND DISTRIBUTING REUSABLE BAGS, WITH PRIORITY GIVEN TO LOW AND FIXED-IN-
 COME COMMUNITIES.
   2. (A) NO STORE SHALL CHARGE A CARRYOUT BAG FEE FOR BAGS OF  ANY  KIND
 PROVIDED  BY THE CUSTOMER IN LIEU OF A CARRYOUT BAG OF ANY KIND PROVIDED
 BY ANY SUCH STORE.
   (B) NO STORE SHALL BE REQUIRED TO CHARGE SUCH FEE FOR AN EXEMPT BAG.
   3. NO STORE SHALL PREVENT A PERSON FROM USING A BAG OF ANY  KIND  THAT
 THEY  HAVE BROUGHT TO ANY SUCH STORE FOR PURPOSES OF CARRYING GOODS FROM
 SUCH STORE.
   4. ALL STORES THAT PROVIDE CARRYOUT BAGS TO  CUSTOMERS  SHALL  PROVIDE
 CARRYOUT  BAGS  FREE OF CHARGE FOR ITEMS PURCHASED AT SUCH STORES BY ANY
 PERSON USING THE NEW  YORK  STATE  SUPPLEMENTAL  NUTRITIONAL  ASSISTANCE
 PROGRAM OR THE NEW YORK STATE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
 WOMEN, INFANTS AND CHILDREN AS A FULL OR PARTIAL PAYMENT.
   5.  THE  DEPARTMENT  SHALL PROMULGATE ALL NECESSARY OR DESIRABLE RULES
 AND REGULATIONS TO EFFECT THE PURPOSES  SET  FORTH  IN  THIS  TITLE  AND
 EDUCATE  THE  GENERAL  PUBLIC  ABOUT SUCH PURPOSES. THE DEPARTMENT SHALL
 CONDUCT OUTREACH PROGRAMS TO  EDUCATE  THE  GENERAL  PUBLIC  ABOUT  SUCH
 PURPOSES AND SHALL PUBLICIZE SUCH RULES AND REGULATIONS ON ITS WEBSITE.
 § 27-2803. ADDITIONAL OBLIGATIONS FOR STORES.
   1. ALL STORES SUBJECT TO THE PROVISIONS OF THIS TITLE SHALL POST SIGNS
 PROVIDED OR APPROVED BY THE DEPARTMENT AT OR NEAR POINTS OF SALE LOCATED
 IN  SUCH  COVERED  STORES  TO NOTIFY CUSTOMERS OF THE PROVISIONS OF THIS
 SECTION.
   2.  NO STORE SUBJECT TO THE PROVISIONS OF THIS TITLE SHALL  PROVIDE  A
 CREDIT  TO  ANY  PERSON  SPECIFICALLY  FOR  THE PURPOSE OF OFFSETTING OR
 AVOIDING THE CARRYOUT BAG CHARGE REQUIRED BY  SECTION  27-2802  OF  THIS
 TITLE.

 A. 9953                             3
 
   3. A STORE MAY NOT CHARGE A FEE PURSUANT TO SUBDIVISION ONE OF SECTION
 27-2802  OF  THIS  TITLE,  FOR  A  REUSABLE  GROCERY  BAG THAT MEETS THE
 REQUIREMENTS OF SUBDIVISION FOUR OF SECTION 27-2801 OF  THIS  TITLE  AND
 WHICH IS DISTRIBUTED TO A CUSTOMER WITHOUT CHARGE DURING A LIMITED DURA-
 TION PROMOTIONAL EVENT, NOT TO EXCEED FOURTEEN DAYS PER YEAR.
   4.  PAPER  CARRYOUT  BAGS  SUBJECT  TO  PROVISIONS OF THIS TITLE SHALL
 CONTAIN A MINIMUM OF FORTY PERCENT POST-CONSUMER RECYCLED CONTENT.
   5. NO STORE SHALL DISTRIBUTE ANY PLASTIC CARRYOUT BAGS TO ITS  CUSTOM-
 ERS  UNLESS  SUCH  BAGS ARE EXEMPT BAGS AS DEFINED IN SUBDIVISION TWO OF
 SECTION 27-2801 OF THIS TITLE.
 § 27-2804. DEPOSIT AND DISPOSITION OF FEES.
   1. EACH STORE COLLECTING FEES AS PROVIDED IN SECTION 27-2802  OF  THIS
 TITLE  SHALL  DEPOSIT ALL SUCH FEES COLLECTED INTO A DESIGNATED CARRYOUT
 BAG ACCOUNT. SUCH STORE SHALL HOLD  THE  AMOUNTS  IN  THE  CARRYOUT  BAG
 ACCOUNT  IN  TRUST  FOR  THE  STATE.  A CARRYOUT BAG ACCOUNT SHALL BE AN
 INTEREST-BEARING ACCOUNT ESTABLISHED IN A BANKING INSTITUTION LOCATED IN
 THIS STATE, THE DEPOSITS IN WHICH ARE INSURED BY AN AGENCY OF THE FEDER-
 AL GOVERNMENT. DEPOSITS OF SUCH AMOUNTS INTO THE  CARRYOUT  BAG  ACCOUNT
 SHALL  BE  MADE  NOT  LESS FREQUENTLY THAN EVERY FIVE BUSINESS DAYS. ALL
 INTEREST, DIVIDENDS AND RETURNS EARNED ON MONIES  IN  THE  CARRYOUT  BAG
 ACCOUNT  SHALL  BE  PAID  DIRECTLY INTO SAID ACCOUNT. THE MONIES IN SUCH
 ACCOUNT SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER  MONIES  IN  THE
 POSSESSION  OF  THE  STORE. THE COMMISSIONER OF TAXATION AND FINANCE MAY
 SPECIFY A SYSTEM OF ACCOUNT AND RECORDS TO BE MAINTAINED WITH RESPECT TO
 ACCOUNTS ESTABLISHED UNDER THIS SUBDIVISION.
   2. EACH STORE SHALL FILE QUARTERLY REPORTS WITH  THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  ON  A  FORM AND IN THE MANNER PRESCRIBED BY SUCH
 COMMISSIONER. THE COMMISSIONER OF TAXATION AND FINANCE MAY REQUIRE  SUCH
 REPORTS  TO  BE  FILED ELECTRONICALLY. THE QUARTERLY REPORTS REQUIRED BY
 THIS SUBDIVISION SHALL BE FILED FOR THE QUARTERLY PERIODS ENDING ON  THE
 LAST  DAY  OF  MAY, AUGUST, NOVEMBER AND FEBRUARY OF EACH YEAR, AND EACH
 SUCH REPORT SHALL BE FILED WITHIN TWENTY DAYS AFTER THE END OF THE QUAR-
 TERLY PERIOD COVERED THEREBY. EACH SUCH REPORT SHALL INCLUDE ALL  INFOR-
 MATION  SUCH  COMMISSIONER SHALL DETERMINE APPROPRIATE INCLUDING BUT NOT
 LIMITED TO THE FOLLOWING INFORMATION:
   A. THE BALANCE IN THE CARRYOUT BAG ACCOUNT AT  THE  BEGINNING  OF  THE
 QUARTER FOR WHICH THE REPORT IS PREPARED;
   B.  ALL  SUCH  DEPOSITS  CREDITED  TO THE CARRYOUT BAG ACCOUNT AND ALL
 INTEREST, DIVIDENDS OR RETURNS RECEIVED ON  SUCH  ACCOUNT,  DURING  SUCH
 QUARTER;
   C.  ALL SERVICE CHARGES ON THE ACCOUNT, AND ALL PAYMENTS MADE PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION; AND
   D. THE BALANCE IN THE CARRYOUT BAG ACCOUNT AT THE CLOSE OF SUCH  QUAR-
 TER.
   3.  A. AN AMOUNT EQUAL TO EIGHTY PERCENT OF THE BALANCE OUTSTANDING IN
 THE CARRYOUT BAG 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  TWO  OF  THIS SECTION IS REQUIRED TO BE FILED. THE
 COMMISSIONER OF TAXATION AND FINANCE MAY REQUIRE THAT  THE  PAYMENTS  BE
 MADE  ELECTRONICALLY.  THE  REMAINING  TWENTY  PERCENT  OF  THE  BALANCE
 OUTSTANDING AT THE CLOSE OF EACH QUARTER SHALL  BE  THE  MONIES  OF  THE
 STORE  AND  MAY  BE  WITHDRAWN  FROM  SUCH  ACCOUNT BY THE STORE. IF THE
 PROVISIONS OF THIS SECTION WITH RESPECT TO SUCH ACCOUNT  HAVE  NOT  BEEN
 FULLY  COMPLIED  WITH, EACH STORE 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

 A. 9953                             4
 
 DATE HAD SUCH PROVISIONS BEEN FULLY COMPLIED WITH. THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  MAY  REQUIRE THAT THE PAYMENTS BE MADE ELECTRON-
 ICALLY.
   B.  A  STORE  WHO CEASES TO DO BUSINESS IN THIS STATE AS A STORE SHALL
 FILE A FINAL REPORT AND REMIT PAYMENT OF EIGHTY PERCENT OF  ALL  AMOUNTS
 REMAINING  IN  THE  CARRYOUT  BAG ACCOUNT AS OF THE CLOSE OF THE STORE'S
 LAST DAY OF BUSINESS. THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  MAY
 REQUIRE  THAT THE PAYMENTS BE MADE ELECTRONICALLY. THE STORE SHALL INDI-
 CATE 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 STORE CEASES TO DO BUSINESS.
   4. 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 MONIES IN THE POSSESSION  OF  THE
 COMPTROLLER.  THE  COMPTROLLER  SHALL REQUIRE ADEQUATE SECURITY FROM ALL
 SUCH DEPOSITORIES. THE COMPTROLLER MUST, BY THE TENTH DAY OF EACH MONTH,
 PAY  INTO  THE  STATE  TREASURY  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
 PROTECTION  FUND  ESTABLISHED  PURSUANT  TO  SECTION NINETY-TWO-S OF THE
 STATE FINANCE LAW 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.
   5. THE COMMISSIONER AND THE COMMISSIONER OF TAXATION AND FINANCE SHALL
 PROMULGATE, AND SHALL CONSULT EACH OTHER IN PROMULGATING, SUCH RULES AND
 REGULATIONS AS MAY BE NECESSARY  TO  EFFECTUATE  THE  PURPOSES  OF  THIS
 TITLE.  THE  COMMISSIONER  AND  THE COMMISSIONER OF TAXATION AND FINANCE
 SHALL PROVIDE ALL NECESSARY AID AND ASSISTANCE TO EACH OTHER,  INCLUDING
 THE  SHARING  OF  ANY  INFORMATION THAT IS NECESSARY TO THEIR RESPECTIVE
 ADMINISTRATION  AND  ENFORCEMENT  RESPONSIBILITIES   PURSUANT   TO   THE
 PROVISIONS OF THIS TITLE.
   6.  A.  ANY  STORE  IN  OPERATION  PRIOR TO THE EFFECTIVE DATE OF THIS
 TITLE, MUST APPLY WITHIN THREE MONTHS OF  THE  EFFECTIVE  DATE  OF  THIS
 TITLE  TO  THE  COMMISSIONER OF TAXATION AND FINANCE FOR REGISTRATION TO
 COLLECT FEES AS PROVIDED IN SECTION 27-2802 OF  THIS  TITLE.  ANY  STORE
 COMMENCING  OPERATIONS  ON OR AFTER THREE MONTHS FROM THE EFFECTIVE DATE
 OF THIS TITLE SHALL APPLY FOR REGISTRATION PRIOR TO COLLECTING ANY FEES.
 SUCH APPLICATION SHALL BE IN A FORM PRESCRIBED BY  THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  AND  SHALL REQUIRE SUCH INFORMATION DEEMED TO BE
 NECESSARY FOR PROPER ADMINISTRATION OF THIS TITLE. THE  COMMISSIONER  OF
 TAXATION AND FINANCE MAY REQUIRE THAT APPLICATIONS FOR REGISTRATION MUST
 BE  SUBMITTED ELECTRONICALLY.   THE COMMISSIONER OF TAXATION AND FINANCE
 SHALL ELECTRONICALLY ISSUE A STORE REGISTRATION CERTIFICATE  IN  A  FORM
 PRESCRIBED  BY  THE  COMMISSIONER OF TAXATION AND FINANCE WITHIN FIFTEEN
 DAYS OF RECEIPT OF SUCH APPLICATION OR MAY TAKE AN ADDITIONAL  TEN  DAYS
 IF  THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  DEEMS IT NECESSARY TO
 CONSULT WITH THE COMMISSIONER BEFORE ISSUING SUCH  REGISTRATION  CERTIF-
 ICATE.  A  REGISTRATION  CERTIFICATE ISSUED PURSUANT TO THIS SUBDIVISION
 MAY BE ISSUED FOR A SPECIFIED TERM OF NOT  LESS  THAN  THREE  YEARS  AND
 SHALL  BE  SUBJECT TO RENEWAL IN ACCORDANCE WITH PROCEDURES SPECIFIED BY
 THE COMMISSIONER OF TAXATION AND FINANCE. THE COMMISSIONER  OF  TAXATION
 AND  FINANCE SHALL FURNISH TO THE COMMISSIONER A COMPLETE LIST OF REGIS-
 TERED STORES AND SHALL CONTINUALLY UPDATE SUCH LIST  AS  WARRANTED.  THE
 COMMISSIONER  SHALL SHARE ANY INFORMATION WITH THE COMMISSIONER OF TAXA-
 TION AND FINANCE THAT IS NECESSARY FOR THE ADMINISTRATION OF THIS SUBDI-
 VISION.

 A. 9953                             5
 
   B. THE COMMISSIONER OF TAXATION AND FINANCE SHALL HAVE  THE  AUTHORITY
 TO  REVOKE  OR  REFUSE TO RENEW ANY REGISTRATION ISSUED PURSUANT TO THIS
 SUBDIVISION WHEN HE OR SHE HAS DETERMINED OR HAS BEEN  INFORMED  BY  THE
 COMMISSIONER THAT ANY OF THE PROVISIONS OF THIS TITLE OR RULES AND REGU-
 LATIONS PROMULGATED THEREUNDER HAVE BEEN VIOLATED. SUCH VIOLATIONS SHALL
 INCLUDE,  BUT  NOT BE LIMITED TO, THE FAILURE TO FILE QUARTERLY REPORTS,
 THE FAILURE TO MAKE PAYMENTS PURSUANT TO THIS SUBDIVISION, THE PROVIDING
 OF FALSE OR FRAUDULENT INFORMATION TO EITHER THE DEPARTMENT OF  TAXATION
 AND  FINANCE  OR THE DEPARTMENT, OR KNOWINGLY AIDING OR ABETTING ANOTHER
 PERSON IN VIOLATING ANY OF THE PROVISIONS OF THIS  TITLE.  A  NOTICE  OF
 PROPOSED  REVOCATION  OR  NON-RENEWAL SHALL BE GIVEN TO THE STORE IN THE
 MANNER PRESCRIBED FOR  A  NOTICE  OF  DEFICIENCY  OF  TAX  AND  ALL  THE
 PROVISIONS  APPLICABLE  TO  A NOTICE OF DEFICIENCY UNDER ARTICLE TWENTY-
 SEVEN OF THE TAX LAW SHALL APPLY TO A NOTICE  ISSUED  PURSUANT  TO  THIS
 PARAGRAPH, INSOFAR AS SUCH PROVISIONS CAN BE MADE APPLICABLE TO A NOTICE
 AUTHORIZED  BY  THIS PARAGRAPH, WITH SUCH MODIFICATIONS AS MAY BE NECES-
 SARY IN ORDER TO ADAPT THE LANGUAGE OF SUCH  PROVISIONS  TO  THE  NOTICE
 AUTHORIZED BY THIS PARAGRAPH. ALL SUCH NOTICES ISSUED BY THE COMMISSION-
 ER  OF  TAXATION  AND FINANCE PURSUANT TO THIS PARAGRAPH SHALL CONTAIN A
 STATEMENT ADVISING THE STORE  THAT  THE  REVOCATION  OR  NON-RENEWAL  OF
 REGISTRATION  MAY  BE CHALLENGED THROUGH A HEARING PROCESS AND THE PETI-
 TION FOR SUCH A CHALLENGE MUST BE FILED WITH THE COMMISSIONER  OF  TAXA-
 TION AND FINANCE WITHIN NINETY DAYS AFTER SUCH NOTICE IS ISSUED. A STORE
 WHOSE  REGISTRATION HAS BEEN SO REVOKED OR NOT RENEWED SHALL CEASE TO DO
 BUSINESS IN THIS STATE, UNTIL THIS TITLE HAS BEEN COMPLIED  WITH  AND  A
 NEW REGISTRATION HAS BEEN ISSUED.
   7.  THE  COMMISSIONER  OF TAXATION AND FINANCE MAY REQUIRE THE MAINTE-
 NANCE OF SUCH ACCOUNTS, RECORDS OR DOCUMENTS RELATING TO THE  COLLECTION
 OF  FEES  FOR  CARRYOUT BAGS, BY ANY STORE AS SUCH COMMISSIONER MAY DEEM
 APPROPRIATE FOR THE ADMINISTRATION OF THIS  SECTION.  SUCH  COMMISSIONER
 MAY MAKE EXAMINATIONS, INCLUDING THE CONDUCT OF STORE INSPECTIONS DURING
 REGULAR  BUSINESS  HOURS, WITH RESPECT TO THE ACCOUNTS, RECORDS OR DOCU-
 MENTS REQUIRED TO BE MAINTAINED UNDER THIS SUBDIVISION.  SUCH  ACCOUNTS,
 RECORDS  AND  DOCUMENTS  SHALL BE PRESERVED FOR A PERIOD OF THREE YEARS,
 EXCEPT THAT SUCH COMMISSIONER MAY CONSENT TO  THEIR  DESTRUCTION  WITHIN
 THAT  PERIOD  OR  MAY  REQUIRE  THAT THEY BE KEPT LONGER. SUCH ACCOUNTS,
 RECORDS AND DOCUMENTS MAY BE KEPT WITHIN THE MEANING OF THIS SUBDIVISION
 WHEN REPRODUCED BY ANY PHOTOGRAPHIC, PHOTOSTATIC, MICROFILM, MICRO-CARD,
 MINIATURE PHOTOGRAPHIC OR OTHER PROCESS WHICH  ACTUALLY  REPRODUCES  THE
 ORIGINAL ACCOUNTS, RECORDS OR DOCUMENTS.
   8.  IF  ANY  STORE  FAILS  OR  REFUSES TO FILE A REPORT OR FURNISH ANY
 INFORMATION REQUESTED IN WRITING  BY  THE  DEPARTMENT  OF  TAXATION  AND
 FINANCE  OR  THE DEPARTMENT, THE DEPARTMENT OF TAXATION AND FINANCE WITH
 THE ASSISTANCE OF THE  DEPARTMENT  MAY,  FROM  ANY  INFORMATION  IN  ITS
 POSSESSION,  MAKE  AN  ESTIMATE OF THE DEFICIENCY AND COLLECT SUCH DEFI-
 CIENCY FROM SUCH STORE.
 § 27-2805. VIOLATIONS.
   1.  ANY RETAILER WHO SHALL VIOLATE ANY PROVISION OF THIS  TITLE  SHALL
 RECEIVE  A WARNING NOTICE FOR THE FIRST SUCH VIOLATION. A RETAILER SHALL
 BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY  OF  TWO  HUNDRED
 FIFTY DOLLARS FOR THE FIRST VIOLATION AFTER RECEIVING A WARNING AND FIVE
 HUNDRED  DOLLARS FOR ANY SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR.
 FOR PURPOSES OF THIS SECTION, EACH COMMERCIAL TRANSACTION SHALL  CONSTI-
 TUTE  NO  MORE  THAN ONE VIOLATION. A HEARING OR OPPORTUNITY TO BE HEARD
 SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.

 A. 9953                             6
 
   2. IT SHALL NOT BE A VIOLATION OF THIS TITLE FOR A GENERAL  VENDOR  OR
 GREEN  CART  TO FAIL TO PROVIDE A RECEIPT TO A CUSTOMER WITH AN ITEMIZED
 CHARGE FOR A CARRYOUT BAG FEE.
   3.  (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
 DEPARTMENT OF HEALTH, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED  TO
 ENFORCE  THE PROVISIONS OF THIS TITLE, AND ALL MONIES COLLECTED SHALL BE
 DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   (B) THE PROVISIONS OF THIS SECTION MAY ALSO BE ENFORCED BY  A  COUNTY,
 CITY,  TOWN  OR VILLAGE AND THE LOCAL LEGISLATIVE BODY THEREOF MAY ADOPT
 LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT WITH THIS TITLE PROVID-
 ING FOR THE ENFORCEMENT OF SUCH PROVISIONS.
   4. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
 STATE TO ENFORCE THE PROVISIONS OF THIS TITLE SHALL BE RETAINED  BY  THE
 STATE. ANY FINES THAT ARE COLLECTED BY A MUNICIPALITY DURING PROCEEDINGS
 BY  THE  MUNICIPALITY  TO ENFORCE THE PROVISIONS OF THIS TITLE AGAINST A
 RETAILER LOCATED IN THE MUNICIPALITY SHALL BE RETAINED  BY  THE  MUNICI-
 PALITY.
 § 27-2806. PREEMPTION OF LOCAL LAW.
   JURISDICTION  IN  ALL  MATTERS  PERTAINING  TO CARRYOUT BAGS IS VESTED
 EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW  OR  ORDINANCE,
 OR ANY RULE OR REGULATION PROMULGATED THERETO, GOVERNING CHARGES OR BANS
 RELATED  TO  CARRYOUT BAGS SHALL, UPON THE EFFECTIVE DATE OF THIS TITLE,
 BE PREEMPTED. PROVIDED, HOWEVER, NOTHING IN THIS SECTION SHALL  PRECLUDE
 A  LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGULATION FROM IMPLEMENTING A
 HIGHER FEE FOR CARRYOUT BAGS OR REUSABLE GROCERY BAGS, OR A BAN ON ADDI-
 TIONAL TYPES OF CARRYOUT BAGS.
   § 2. Subdivision 4 of section 63 of  the  alcoholic  beverage  control
 law,  as  amended  by  section  1 of chapter 360 of the laws of 2017, is
 amended to read as follows:
   4. No licensee under this section shall be engaged in any other  busi-
 ness  on  the  licensed premises. The sale of lottery tickets, when duly
 authorized and lawfully conducted, THE SALE OF CARRYOUT BAGS AS  DEFINED
 IN  SUBDIVISION ONE OF SECTION 27-2801 OF THE ENVIRONMENTAL CONSERVATION
 LAW AND REUSABLE GROCERY BAGS AS DEFINED IN SUBDIVISION FOUR OF  SECTION
 27-2801 OF THE ENVIRONMENTAL CONSERVATION LAW, the sale of corkscrews or
 the sale of ice or the sale of publications, including prerecorded video
 and/or  audio  cassette tapes, or educational seminars, designed to help
 educate consumers in  their  knowledge  and  appreciation  of  alcoholic
 beverages,  as  defined  in  section  three  of this chapter and allowed
 pursuant to their license, or the sale of  non-carbonated,  non-flavored
 mineral waters, spring waters and drinking waters or the sale of glasses
 designed  for the consumption of wine, racks designed for the storage of
 wine, and devices designed to minimize  oxidation  in  bottles  of  wine
 which have been uncorked, or the sale of gift bags, gift boxes, or wrap-
 ping,  for  alcoholic beverages purchased at the licensed premises shall
 not constitute engaging in another business within the meaning  of  this
 subdivision.  Any  fee  obtained from the sale of an educational seminar
 shall not be considered as a fee for any tasting  that  may  be  offered
 during an educational seminar, provided that such tastings are available
 to  persons who have not paid to attend the seminar and all tastings are
 conducted in accordance with section sixty-three-a of this article.
   § 3. Subdivision 4 of section 63 of  the  alcoholic  beverage  control
 law,  as  amended  by  section  2 of chapter 360 of the laws of 2017, is
 amended to read as follows:

 A. 9953                             7
 
   4. No licensee under this section shall be engaged in any other  busi-
 ness  on  the  licensed premises. The sale of lottery tickets, when duly
 authorized and lawfully conducted, THE SALE OF CARRYOUT BAGS AS  DEFINED
 IN  SUBDIVISION ONE OF SECTION 27-2801 OF THE ENVIRONMENTAL CONSERVATION
 LAW  AND REUSABLE GROCERY BAGS AS DEFINED IN SUBDIVISION FOUR OF SECTION
 27-2801 OF THE ENVIRONMENTAL CONSERVATION LAW, the sale of corkscrews or
 the sale of ice or the sale of publications, including prerecorded video
 and/or audio cassette tapes, or educational seminars, designed  to  help
 educate  consumers  in  their  knowledge  and  appreciation of alcoholic
 beverages, as defined in section  three  of  this  chapter  and  allowed
 pursuant  to  their license, or the sale of non-carbonated, non-flavored
 mineral waters, spring waters and drinking waters or the sale of glasses
 designed for the consumption of wine, racks designed for the storage  of
 wine,  and  devices  designed  to  minimize oxidation in bottles of wine
 which have been uncorked, shall not constitute engaging in another busi-
 ness within the meaning of this subdivision. Any fee obtained  from  the
 sale  of an educational seminar shall not be considered as a fee for any
 tasting that may be offered during an educational seminar, provided that
 such tastings are available to persons who have not paid to  attend  the
 seminar  and  all  tastings  are  conducted  in  accordance with section
 sixty-three-a of this article.
   § 4. Subdivision 3 and paragraph (b) of subdivision 6 of section  92-s
 of  the  state  finance  law, subdivision 3 as amended by section 2-a of
 part JJ of chapter 58 of the laws of 2017 and paragraph (b) of  subdivi-
 sion  6  as  amended by section 3 of part U of chapter 58 of the laws of
 2016, are 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-n of the vehicle and traffic law, all moneys  required
 to  be  deposited  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
 deposited from the Northville settlement pursuant to section one hundred
 twenty-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
 Northville  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
 deposited pursuant to article thirty-three of the environmental  conser-
 vation  law, all fees collected pursuant to subdivision eight of section
 70-0117 of the environmental  conservation  law,  all  moneys  collected
 pursuant  to  title thirty-three of article fifteen of the environmental
 conservation law, beginning with the fiscal  year  commencing  on  April
 first,  two  thousand thirteen, nineteen million dollars, and all fiscal
 years thereafter, twenty-three million dollars plus all  funds  received
 by  the  state  each  fiscal year in excess of the greater of the amount

 A. 9953                             8
 
 received from April first, two thousand  twelve  through  March  thirty-
 first,  two  thousand  thirteen  or  one  hundred twenty-two million two
 hundred thousand dollars, from the payments collected pursuant to subdi-
 vision  four  of  section  27-1012 of the environmental conservation law
 [and], all funds collected pursuant to section 27-1015 of  the  environ-
 mental conservation law, provided such funds shall not be less than four
 million dollars for the fiscal year commencing April first, two thousand
 thirteen,  and  not less than eight million dollars for all fiscal years
 thereafter, ALL MONEYS REQUIRED TO  BE  DEPOSITED  PURSUANT  TO  SECTION
 27-2804 OF THE ENVIRONMENTAL CONSERVATION LAW and all other moneys cred-
 ited  or  transferred  thereto from any other fund or source pursuant to
 law. All such revenue shall be initially  deposited  into  the  environ-
 mental  protection fund, for application as provided in subdivision five
 of this section.
   (b) Moneys from the solid waste account shall be  available,  pursuant
 to appropriation and upon certificate of approval of availability by the
 director of the budget, for any non-hazardous municipal landfill closure
 project;  municipal  waste reduction or recycling project, as defined in
 article fifty-four  of  the  environmental  conservation  law;  for  the
 purposes  of  section  two  hundred  sixty-one  and  section two hundred
 sixty-four of the economic development law; any project for the develop-
 ment, updating or revision of local solid waste management plans  pursu-
 ant  to  sections  27-0107 and 27-0109 of the environmental conservation
 law; environmental justice projects and grants and for  the  development
 of  the  pesticide  sales  and use data base pursuant to title twelve of
 article thirty-three of the  environmental  conservation  law;  PROVIDED
 THAT ALL FUNDS COLLECTED PURSUANT TO TITLE TWENTY-EIGHT OF ARTICLE TWEN-
 TY-SEVEN  OF  THE ENVIRONMENTAL CONSERVATION LAW SHALL BE MADE AVAILABLE
 TO LOCALITIES FOR THE  PURPOSE  OF  POLLUTION  REDUCTION,  CLEANUP,  AND
 EDUCATION,  AND PURCHASING AND DISTRIBUTING REUSABLE BAGS, WITH PRIORITY
 GIVEN TO LOW AND FIXED-INCOME COMMUNITIES.
   § 5. This act shall take effect on  the  two  hundred  seventieth  day
 after it shall have become a law; provided that the amendments to subdi-
 vision  4  of  section  63 of the alcoholic beverage control law made by
 section two of this act shall be subject to the expiration and reversion
 of such subdivision pursuant to section 18 of chapter 297 of the laws of
 2016, as amended, when upon such date the provisions of section three of
 this act shall take effect.