NY State Senate Bill 2017-S7760

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Feb 20, 2018	referred to environmental conservation

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2017-S7760 (ACTIVE) - Details

See Assembly Version of this Bill:: A9953
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 28 §§27-2801 - 27-2806, En Con L; amd §63, ABC L; amd §92-s, St Fin L
Versions Introduced in 2019-2020 Legislative Session:: S95, A5753

2017-S7760 (ACTIVE) - Summary

Establishes guidelines for carryout bag waste reduction.

2017-S7760 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7760

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the environmental conservation law,
the alcoholic beverage control law and the state finance law, in
relation to establishing guidelines for carryout bag waste reduction

 
PURPOSE:

To reduce plastic waste and pollution by banning the provision of plas-
tic carryout bags and placing a ten-cent fee on paper carryout bags and
reusable grocery bags, with the revenue directed to the state Environ-
mental Protection Fund.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new title 28 to Article 27 of the environmental conser-
vation law.

Section 27-2801: Definitions.

Section 27-2802: Charges. Establishes a fee of no less than ten cents on
paper carryout bags and reusable grocery bags, with a maximum fee of
twenty-five cents for paper carryout bags. Provides for stores to retain
twenty percent of all such fees, with eighty percent returned to the
state for deposit in the Environmental Protection Fund (EPF).  Funds so
deposited in the EPF shall be made available to localities for the
purpose of education for decreasing plastic pollution, cleaning up
roads, shorelines, and waterways, and purchasing and distributing reus-
able bags, with an emphasis on distribution to low and fixed-income
communities. No such fee shall be charged to anyone using SNAP or WIC as
full or partial payment.

Section 27-2803: Additional obligations for stores. Prohibits the
distribution of plastic carryout bags to customers. Requires posting of
signage by stores to notify customers of the provisions of this title.
Allows for the distribution of free reusable bags during limited dura-
tion promotional events not exceeding fourteen days per year. Requires
paper carryout bags to contain a minimum of forty percent post-consumer
recycled content.

Section 27-2804: Deposit and disposition of fees. Outlines the process
for stores to collect and remit fees.

Section 27-2805: Violations. Establishes that any retailer violating
provisions of this title shall receive a warning notice for the first
violation, a penalty of two hundred fifty dollars for the second
violation, and five hundred dollars for each subsequent violation in the
same calendar year. Provides for enforcement of this title by the
Departments of Environmental Conservation, Agriculture and Markets, and
Health, the State Attorney General, and any County, City, Town, or
Village.

Section 27-2806: Preemption of local law. Provides that any local rules
or ordinances related to carryout bags are preempted by this article,
with the exception of those implementing a higher fee for carryout bags
or reusable grocery bags, or a ban on additional types of carryout bags.


Section 2 and 3 amend the Alcoholic Beverage Control Law to allow for
the sale of carryout bags and reusable grocery bags by licensees.

Section 4 amends the State Finance Law to ensure fees collected under
this title are credited to the Environmental Protection Fund.

Section 5 establishes that this act shall take effect nine months after
it shall have become a law.

 
JUSTIFICATION:

In 2017, Governor Andrew Cuomo announced the creation of a New York
State Plastic Bag Task Force, saying "the costly and negative impact of
plastic bags on New York's natural resources is a statewide issue that
demands a statewide solution." Every year, New Yorkers use more than 20
billion plastic carryout bags, the majority of which are sent to land-
fills. However, many bags do not make it that far, instead getting stuck
in trees, clogging storm drains, getting caught in recycling equipment,
and becoming part of the growing islands of plastic pollution poisoning
our oceans and our food supply. According to an estimate by the World
Economic Forum, "without significant action, there may be more plastic
than fish in the ocean, by weight, by 2050."

Of the recommendations for statewide solutions proposed by the Plastic
Bag Task force, a ban on plastic bags with a fee on other carryout bags
has proven most effective throughout the United States and interna-
tionally in reducing plastic bag use and encouraging a switch to reus-
able bags. For example, Los Angeles County, CA, has had such a ban/fee
hybrid in place since 2012, and has seen a 94% reduction in carryout bag
consumption. This model has been adopted statewide in California since
2016.

Twelve municipalities in New York State have enacted some combination of
bans and/or fees for carryout bags, including Suffolk County, Long
Beach, Mamaroneck, New Paltz, Hastings-on-Hudson, and New York City
(though this was later overturned by the Legislature). More than 1.6
million New Yorkers live in areas covered by a patchwork of bans and
fees. Among other challenges associated with the lack of statewide
action, these municipalities are unable to use the funds collected
through carryout bag fees for any environmental purpose.

This bill would ban the provision of plastic carryout bags, while plac-
ing a minimum 10-cent fee on paper carryout bags and reusable bags. This
is the fee level in place in California, and accords with the recommen-
dations made by the Plastic Bag Task Force. The maximum fee for carryout
bags is set at 25-cents, giving retailers flexibility to defray the
increased cost of non-plastic bags, while alleviating concerns that fees
could be set considerably higher.  In-store plastic bags, such as
produce, meat, and bulk food bags are exempt, as well as carryout bags
provided by restaurants, prepared-food vendors, and emergency food
providers. Customers paying with SNAP or WIC are exempt from the fee.
Stores will keep 20% of the fee to defray costs, with the remaining 80%
going to the state Environmental Protection Fund, to be made available
to localities for plastic pollution education and cleanup, and reusable
bag distribution, with an emphasis on distribution to low- and fixed-in-
come communities.

 
LEGISLATIVE HISTORY:
New Bill

 
FISCAL IMPLICATIONS:

Potential to raise hundreds of millions of dollars for the state Envi-
ronmental Protection Fund.

 
EFFECTIVE DATE:
This act shall take effect nine months after it shall have become a law.

2017-S7760 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7760
 
                             I N  S E N A T E
 
                             February 20, 2018
                                ___________
 
 Introduced  by Sens. KRUEGER, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11416-06-8

 S. 7760                             2
 
 MOBILE  FOOD  SERVICE  ESTABLISHMENTS,  OR  EMERGENCY  FOOD PROVIDERS OR
 501(C)(3) ORGANIZATIONS;
   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

 S. 7760                             3
 
 AVOIDING THE CARRYOUT BAG CHARGE REQUIRED BY  SECTION  27-2802  OF  THIS
 TITLE.
   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

 S. 7760                             4
 
 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.
   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-

 S. 7760                             5
 
 TION AND FINANCE THAT IS NECESSARY FOR THE ADMINISTRATION OF THIS SUBDI-
 VISION.
   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-

 S. 7760                             6
 
 TUTE NO MORE THAN ONE VIOLATION. A HEARING OR OPPORTUNITY  TO  BE  HEARD
 SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.
   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.

 S. 7760                             7
 
   § 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:
   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

 S. 7760                             8

 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
 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.

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Senate Bill S7760

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2017-S7760 (ACTIVE) - Details

2017-S7760 (ACTIVE) - Summary

2017-S7760 (ACTIVE) - Sponsor Memo

2017-S7760 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7760

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2017-S7760 (ACTIVE) - Details

2017-S7760 (ACTIVE) - Summary

2017-S7760 (ACTIVE) - Sponsor Memo

2017-S7760 (ACTIVE) - Bill Text download pdf

Comments