S T A T E O F N E W Y O R K
________________________________________________________________________
270
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COOK,
CYMBROWITZ, DiPIETRO, GLICK, JAFFEE, RIVERA, THIELE -- read once and
referred to the Committee on Tourism, Parks, Arts and Sports Develop-
ment
AN ACT to amend the parks, recreation and historic preservation law, in
relation to creating the "Pennies for Parks" program providing funds
for capital expenditures at state parks, historic sites and city
parks; to amend the tax law, in relation to imposing a fee on single
use plastic carryout bags; to amend the state finance law, in relation
to establishing the pennies for parks fund; to amend the environmental
conservation law, in relation to the prohibition of single use plastic
bags; to repeal certain provisions of the environmental conservation
law relating thereto; and providing for the repeal of certain
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds and
declares that state parks, historic sites and city parks enhance the
character and quality of life and enhance the economic vitality of local
communities and provide healthy and affordable recreational and educa-
tional opportunities to New York state residents and visitors. If
allowed to fall into disrepair, state parks, historic sites as well as
city parks may become inaccessible and uninviting to the public. Once
closed or sold, state parks and historic sites are difficult, if not
impossible, to recover or rehabilitate. Accordingly, state parks,
historic sites and city parks should be provided necessary capital fund-
ing in a manner which is cognizant of their aforementioned intrinsic
values.
The legislature also finds and declares that the single use plastic
carryout bags distributed by New York retailers have a negative impact
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00214-01-9
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on the environment, littering our communities, parks and beaches; fill-
ing our landfills; harming wildlife; and using millions of trees and
gallons of oil to produce. An additional economic incentive should be
put in place to encourage the use of reusable bags and reduce the stream
of single use plastic carryout bags.
It is hereby declared to be the public policy and in the public inter-
est of this state to establish a comprehensive program to provide a
dedicated funding stream for our state parks, historic sites and city
parks. Such a dedicated funding stream should be devoted as supplemental
to the existing budget of the office of parks, recreation and historic
preservation. The funding stream should be created by imposing a five
cent fee on each single use plastic carryout bag distributed by retail-
ers in New York, to be collected and used to fund capital projects in
state parks, historic sites and city parks. In order to meet the afore-
mentioned goals and uphold the cultural fabric and integrity of the
system of state parks, and historic sites and city parks, the "Pennies
for Parks" program, a fee on single use plastic carryout bags and
pennies for parks fund are established and codified in sections 13.32 of
the parks, recreation and historic preservation law, 1105-D of the tax
law and 92-ii of the state finance law.
§ 2. The parks, recreation and historic preservation law is amended by
adding a new section 13.32 to read as follows:
§ 13.32 PENNIES FOR PARKS. THE COMMISSIONER IS AUTHORIZED TO UTILIZE
THE MONIES ALLOCATED TO THE STATE PARKS AND HISTORIC SITES CAPITAL
ACCOUNT FOR THE PURPOSE OF SUPPLEMENTING THE EXISTING BUDGET OF THE
OFFICE TO PROVIDE ADDITIONAL FUNDING FOR CAPITAL PROJECTS.
§ 3. The tax law is amended by adding a new section 1105-D to read as
follows:
§ 1105-D. FEE ON SINGLE USE PLASTIC CARRYOUT BAGS. (A) IN ADDITION TO
ANY OTHER TAX OR FEE IMPOSED BY THIS ARTICLE OR ANY OTHER LAW, THERE IS
HEREBY IMPOSED AND THERE SHALL BE PAID A FIVE CENT FEE ON EACH SINGLE
USE PLASTIC CARRYOUT BAG PROVIDED TO A CUSTOMER BY A PERSON REQUIRED TO
COLLECT TAX.
(B) FOR PURPOSES OF THIS SECTION:
(1) "SINGLE USE PLASTIC CARRYOUT BAG" MEANS A BAG PROVIDED TO A
CUSTOMER AT THE POINT OF SALE BY A PERSON REQUIRED TO COLLECT TAX AND
INTENDED FOR A SINGLE USE FOR CARRYING TANGIBLE PERSONAL PROPERTY
PURCHASED.
(2) "SINGLE USE PLASTIC CARRYOUT BAG" DOES NOT INCLUDE:
(A) PAPER CARRYOUT BAGS INCLUDING THOSE PAPER BAGS CONTAINING ANY
PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT.
(B) BAGS USED BY CUSTOMERS INSIDE STORES TO CONTAIN OR WRAP:
(I) BULK ITEMS SUCH AS FRUIT, VEGETABLES, NUTS, GRAINS, CANDY OR SMALL
HARDWARE ITEMS;
(II) FROZEN FOODS, MEAT, OR FISH, WHETHER PRE-PACKAGED OR NOT;
(III) FLOWERS, POTTED PLANTS OR OTHER ITEMS WHERE DAMPNESS MAY BE A
PROBLEM; OR
(IV) UNWRAPPED PREPARED FOODS, FOOD SLICED TO ORDER OR BAKERY GOODS;
(C) BAGS PROVIDED BY PHARMACISTS TO CONTAIN PRESCRIPTION DRUGS;
(D) NEWSPAPER BAGS, DOOR-HANGER BAGS, LAUNDRY DRY-CLEANING BAGS, OR
BAGS SOLD IN PACKAGES CONTAINING MULTIPLE BAGS INTENDED FOR USE AS
GARBAGE, PET WASTE OR YARD WASTE BAGS; OR
(E) REUSABLE BAGS AS DEFINED IN SECTION 27-2701 OF THE ENVIRONMENTAL
CONSERVATION LAW.
(C) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE FEE IMPOSED
BY THIS SECTION WILL BE SIMILAR TO, AND ADMINISTERED AND COLLECTED IN A
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LIKE MANNER AS THE TAXES IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THIS
ARTICLE. ALL THE PROVISIONS OF THIS ARTICLE, INCLUDING THE DEFINITION
AND EXEMPTION PROVISIONS AND THE PROVISIONS RELATING OR APPLICABLE TO
THE ADMINISTRATION, COLLECTION AND DISPOSITION OF THE TAXES IMPOSED BY
THAT SECTION WILL APPLY TO THE FEE IMPOSED BY THIS SECTION SO FAR AS
THOSE PROVISIONS CAN BE MADE APPLICABLE TO THE FEE IMPOSED BY THIS
SECTION, WITH SUCH MODIFICATIONS AS MAY BE NECESSARY IN ORDER TO ADAPT
THE LANGUAGE OF THOSE PROVISIONS TO THE FEE IMPOSED BY THIS SECTION.
THOSE PROVISIONS WILL APPLY WITH THE SAME FORCE AND EFFECT AS IF THE
LANGUAGE OF THOSE PROVISIONS HAD BEEN SET FORTH IN FULL IN THIS SECTION,
EXCEPT TO THE EXTENT THAT ANY OF THOSE PROVISIONS IS EITHER INCONSISTENT
WITH A PROVISION OF THIS SECTION OR IS NOT RELEVANT TO THE FEE IMPOSED
BY THIS SECTION. FOR PURPOSES OF THIS SECTION, ANY REFERENCE IN THIS
CHAPTER TO A TAX OR THE TAXES IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF
THIS ARTICLE WILL BE DEEMED TO ALSO REFER TO THE FEE IMPOSED BY THIS
SECTION UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED.
(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION, THE EXEMPTIONS PROVIDED FOR IN SECTION ELEVEN HUNDRED SIXTEEN OF
THIS ARTICLE, OTHER THAN EXEMPTIONS IN PARAGRAPHS ONE, TWO AND THREE OF
SUBDIVISION (A) OF SUCH SECTION, SHALL NOT APPLY TO THE FEE IMPOSED BY
THIS SECTION.
(D) EVERY PERSON REQUIRED TO COLLECT THE FEE IMPOSED BY THIS SECTION
SHALL COLLECT THE FEE FROM THE CUSTOMER AT THE TIME THE SINGLE USE PLAS-
TIC CARRYOUT BAG IS PROVIDED. IF THE CUSTOMER IS GIVEN ANY SALES SLIP,
INVOICE, RECEIPT OR OTHER STATEMENT OR MEMORANDUM OF THE PRICE OR CHARGE
OF THE PURCHASE, IT SHALL STATE THE NUMBER OF SINGLE USE PLASTIC CARRY-
OUT BAGS PROVIDED TO THE CUSTOMER AND THE AMOUNT OF THE FEE IMPOSED BY
THIS SECTION SHOWN SEPARATELY FROM THE PRICE OR CHARGE, AND SEPARATELY
FROM ANY OTHER FEE OR TAX IMPOSED BY THIS ARTICLE OR ANY OTHER LAW.
(E) EVERY PERSON REQUIRED TO COLLECT THE FEE IMPOSED BY THIS SECTION,
MAY RETAIN ONE CENT FROM EACH FIVE CENT FEE COLLECTED AS COMPENSATION
FOR THE ADMINISTRATION OF THIS PROGRAM, AND SHALL KEEP RECORDS TO
PROVIDE A FULL AND ACCURATE ACCOUNTING OF ALL SUCH FUNDS RETAINED PURSU-
ANT TO THIS SUBDIVISION IN THE FORM AND MANNER PRESCRIBED BY THE TAX
COMMISSION PURSUANT TO RULES AND REGULATIONS.
(F) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE FEES
IMPOSED BY THIS SECTION AND RECEIVED BY THE COMPTROLLER, AFTER DEDUCTING
THE AMOUNT WHICH THE COMPTROLLER SHALL DETERMINE TO BE NECESSARY FOR
REASONABLE COSTS TO ADMINISTER, COLLECT AND DISTRIBUTE SUCH FEES, SHALL
BE DEPOSITED BY THE COMPTROLLER INTO THE PENNIES FOR PARKS FUND ESTAB-
LISHED PURSUANT TO SECTION NINETY-TWO-II OF THE STATE FINANCE LAW WITHIN
THIRTY DAYS OF THE END OF EACH SALES TAX QUARTERLY PERIOD AS DESCRIBED
IN SUBDIVISION (B) OF SECTION ELEVEN HUNDRED THIRTY-SIX OF THIS ARTICLE.
§ 4. The state finance law is amended by adding a new section 92-ii to
read as follows:
§ 92-II. PENNIES FOR PARKS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "PENNIES FOR PARKS FUND".
2. (A) THE PENNIES FOR PARKS FUND SHALL CONSIST OF TWO ACCOUNTS: (A)
THE STATE PARKS AND HISTORIC SITES CAPITAL ACCOUNT; AND (B) THE CITY
PARKS CAPITAL ACCOUNT. MONEYS IN EACH ACCOUNT SHALL BE KEPT SEPARATE AND
NOT COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE STATE COMP-
TROLLER.
(B) THE COMPTROLLER MAY RETAIN NO MORE THAN TEN PERCENT OF THE MONEYS
IN THE PENNIES FOR PARKS FUND AVAILABLE FOR OPERATIONAL EXPENDITURES
RELATING TO THE ADMINISTRATION OF THE PROGRAM. THE STATE COMPTROLLER IS
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HEREBY AUTHORIZED AND DIRECTED TO TRANSFER MONTHLY NO LATER THAN THE
LAST DAY OF EACH MONTH, ANY MONEYS, IF ANY, IN EXCESS OF THE AGGREGATE
AMOUNTS REQUIRED TO BE SET ASIDE IN ORDER TO MEET THE REQUIREMENTS
ESTABLISHED IN THIS SUBDIVISION FOR ADMINISTRATIVE PURPOSES, IN THE
FOLLOWING MANNER: FORTY-FIVE PERCENT OF THE MONEYS IN THE PENNIES FOR
PARKS FUND SHALL BE TRANSFERRED TO THE STATE PARKS AND HISTORIC SITES
CAPITAL ACCOUNT; AND FORTY-FIVE PERCENT OF THE MONEYS IN THE PENNIES FOR
PARKS FUND SHALL BE TRANSFERRED TO THE CITY PARKS CAPITAL ACCOUNT.
(C) MONEYS IN THE STATE PARKS AND HISTORIC SITES CAPITAL ACCOUNT
SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE TRANSFERRED TO THE
EXISTING BUDGET OF THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESER-
VATION TO PROVIDE SUPPLEMENTAL FUNDING FOR CAPITAL PROJECTS.
(I) NOT LATER THAN SIXTY DAYS AFTER THE END OF THE STATE FISCAL YEAR,
THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION SHALL PROVIDE
TO THE STATE COMPTROLLER, THE CHAIRPERSONS OF THE SENATE FINANCE AND
ASSEMBLY WAYS AND MEANS COMMITTEES AND THE DIVISION OF THE BUDGET, A
DETAILED DESCRIPTION OF EACH CAPITAL PROJECT LET DURING THE COMPLETED
PRIOR YEAR THAT IS FUNDED FULLY OR PARTIALLY FROM THE STATE PARKS AND
HISTORIC SITES CAPITAL ACCOUNT. SUCH DESCRIPTION SHALL INCLUDE A PROJECT
IDENTIFICATION NUMBER, A DESCRIPTION OF THE PROJECT IN LESS THAN THIRTY
WORDS, THE WORK TYPE, THE ESTIMATED TOTAL COST OF THE PROJECT AND THE
PROBABLE LIFE OF EACH SUCH PROJECT.
(II) NOT LATER THAN MARCH FIRST OF EACH STATE FISCAL YEAR, THE OFFICE
OF PARKS, RECREATION AND HISTORIC PRESERVATION SHALL PROVIDE TO THE
STATE COMPTROLLER, THE CHAIRPERSONS OF THE SENATE FINANCE AND ASSEMBLY
WAYS AND MEANS COMMITTEES AND THE DIVISION OF THE BUDGET, A DETAILED
DESCRIPTION OF EACH CAPITAL PROJECT ANTICIPATED OR AVAILABLE TO BE LET
IN THE NEXT FISCAL YEAR THAT IS PLANNED TO BE FUNDED FULLY OR PARTIALLY
FROM THE STATE PARKS AND HISTORIC SITES CAPITAL ACCOUNT. SUCH
DESCRIPTION SHALL INCLUDE A PROJECT IDENTIFICATION NUMBER, A DESCRIPTION
OF THE PROJECT IN LESS THAN THIRTY WORDS, THE WORK TYPE, THE ESTIMATED
TOTAL COST OF THE PROJECT AND THE PROBABLE LIFE OF EACH SUCH PROJECT.
(D) MONEYS IN THE CITY PARK CAPITAL ACCOUNT SHALL, FOLLOWING APPROPRI-
ATION BY THE LEGISLATURE, BE TRANSFERRED TO THE SPECIFIC CITY PARKS
DESIGNATED TO RECEIVE SUCH FUNDING AS OUTLINED BY THE FOLLOWING SUBPARA-
GRAPHS.
(I) THERE SHALL BE A COMPREHENSIVE FINANCIAL REPORT AND PLAN FOR THE
CITY PARK CAPITAL ACCOUNT. THE GOVERNOR SHALL ANNUALLY SUBMIT SUCH PLAN
TO THE LEGISLATURE AND THE STATE COMPTROLLER IN ACCORDANCE WITH THE
RELEASE OF THE EXECUTIVE BUDGET. THE REPORT WILL DETAIL THE CITY PARK
AND THE APPROPRIATION TO BE RELEASED FOR CAPITAL PROJECT PURPOSES.
(II) NOT LATER THAN SIXTY DAYS AFTER THE END OF THE STATE FISCAL YEAR,
THE DIVISION OF THE BUDGET SHALL PROVIDE TO THE STATE COMPTROLLER AND
THE CHAIRPERSONS OF THE SENATE FINANCE AND ASSEMBLY WAYS AND MEANS
COMMITTEES, A DETAILED DESCRIPTION OF EACH CITY CAPITAL PROJECT LET
DURING THE COMPLETED PRIOR YEAR THAT IS FUNDED FULLY OR PARTIALLY FROM
THE CITY PARKS CAPITAL ACCOUNT. SUCH DESCRIPTION SHALL INCLUDE A PROJECT
IDENTIFICATION NUMBER, A DESCRIPTION OF THE PROJECT IN LESS THAN THIRTY
WORDS, THE WORK TYPE, THE ESTIMATED TOTAL COST OF THE PROJECT AND THE
PROBABLE LIFE OF EACH SUCH PROJECT.
(E) ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT
AND WARRANT OF THE STATE COMPTROLLER.
(F) THE STATE COMPTROLLER, IN CONJUNCTION WITH THE DEPARTMENT OF TAXA-
TION AND FINANCE AND THE OFFICE OF PARKS, RECREATION AND HISTORIC PRES-
ERVATION SHALL PUBLISH ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND ANNUALLY THEREAFTER, A REPORT FOR THE LEGISLATURE. SUCH
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REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC BY BEING POSTED ON THE
STATE COMPTROLLER'S OFFICIAL WEBSITE. SUCH REPORT SHALL CONSIDER THE
TOTAL FEES COLLECTED AND THE EXPENSES OF THE PROGRAM ON AN ANNUAL BASIS.
THE REPORT WILL ALSO INCLUDE A STUDY INTO THE PERCENTAGE REDUCTION IN
SINGLE USE PLASTIC CARRYOUT BAGS BY RESIDENTS OF NEW YORK STATE FOLLOW-
ING THE IMPLEMENTATION OF THE BAG FEE TO ENSURE PROGRESS TOWARDS REACH-
ING A DECREASE IN THE USE OF SUCH BAGS. COPIES OF THE REPORT WILL BE
SUBMITTED TO THE SPEAKER OF THE ASSEMBLY, THE MAJORITY LEADER OF THE
SENATE, THE DIVISION OF BUDGET AND THE STATE COMPTROLLER.
§ 5. The title heading of title 27 of article 27 of the environmental
conservation law, as added by chapter 641 of the laws of 2008, is
amended to read as follows:
SINGLE USE PLASTIC BAG [REDUCTION, REUSE AND
RECYCLING] PROHIBITION
§ 6. Subdivision 4 of section 27-2701 of the environmental conserva-
tion law, as added by chapter 641 of the laws of 2008, is REPEALED and a
new subdivision 4 is added to read as follows:
4. (A) "SINGLE USE PLASTIC CARRYOUT BAG" MEANS A BAG PROVIDED TO A
CUSTOMER AT THE POINT OF SALE BY A PERSON REQUIRED TO COLLECT TAX AND
INTENDED FOR A SINGLE USE FOR CARRYING TANGIBLE PERSONAL PROPERTY
PURCHASED.
(B) "SINGLE USE PLASTIC CARRYOUT BAG" DOES NOT INCLUDE:
(I) PAPER CARRYOUT BAGS INCLUDING THOSE PAPER BAGS CONTAINING ANY
PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT.
(II) BAGS USED BY CUSTOMERS INSIDE STORES TO CONTAIN OR WRAP:
(A) BULK ITEMS SUCH AS FRUIT, VEGETABLES, NUTS, GRAINS, CANDY OR SMALL
HARDWARE ITEMS;
(B) FROZEN FOODS, MEAT, OR FISH, WHETHER PRE-PACKAGED OR NOT;
(C) FLOWERS, POTTED PLANTS OR OTHER ITEMS WHERE DAMPNESS MAY BE A
PROBLEM; OR
(D) UNWRAPPED PREPARED FOODS, FOOD SLICED TO ORDER OR BAKERY GOODS;
(III) BAGS PROVIDED BY PHARMACISTS TO CONTAIN PRESCRIPTION DRUGS;
(IV) NEWSPAPER BAGS, DOOR-HANGER BAGS, LAUNDRY DRY-CLEANING BAGS, OR
BAGS SOLD IN PACKAGES CONTAINING MULTIPLE BAGS INTENDED FOR USE AS
GARBAGE, PET WASTE OR YARD WASTE BAGS; OR
(V) REUSABLE BAGS AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION.
§ 7. Section 27-2703 of the environmental conservation law, as added
by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
ter 481 of the laws of 2014, is amended to read as follows:
§ 27-2703. Store operator responsibilities.
1. The operator of a store shall establish an at-store recycling
program pursuant to the provisions of this title that provides an oppor-
tunity for a customer of the store to return to the store clean SINGLE
USE plastic carryout bags and film plastic.
2. A retail establishment that does not meet the definition of a store
and that provides SINGLE USE plastic carryout bags to customers at the
point of sale may also adopt an at-store recycling program.
§ 8. Title 27 of article 27 of the environmental conservation law, as
added by chapter 641 of the laws of 2008, is amended by adding a new
section 27-2706 to read as follows:
§ 27-2706. PROHIBITION OF SINGLE USE PLASTIC BAGS.
NO STORE LOCATED IN THE STATE MAY DISTRIBUTE SINGLE USE PLASTIC CARRY-
OUT BAGS AS DEFINED IN SUBDIVISION FOUR OF SECTION 27-2701 OF THIS
TITLE.
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§ 9. Section 27-2707 of the environmental conservation law, as added
by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
ter 481 of the laws of 2014, is amended to read as follows:
§ 27-2707. Manufacturer responsibilities.
1. When the manufacturer accepts SINGLE USE plastic carryout bags and
film plastic for return, it or its agent shall maintain, for a minimum
of three years, records describing the collection, transport and recycl-
ing of SUCH SINGLE USE plastic carryout bags and film plastic collected
by weight, provided that the manufacturer or its agents may weigh such
bags, film plastic and any other plastic resins at a regional collection
center. Such records shall be made available to the department upon
request, to demonstrate compliance with this title.
2. Manufacturers of compostable plastic bags sold to stores in the
state that are subject to the provisions of this title shall have print-
ed on the bag, in a manner visible to the consumer, the words "COMPOSTA-
BLE BAG -- DO NOT PLACE IN RECYCLING BIN". Provided however, such bags
may be sold or distributed for one year from the effective date of this
section to use the store's existing stock of compostable bags.
§ 10. Section 27-2709 of the environmental conservation law, as
amended by chapter 481 of the laws of 2014, is amended to read as
follows:
§ 27-2709. Department responsibility.
1. The department shall develop educational materials to [encourage
the reduction, reuse and recycling] INFORM THE PUBLIC OF THE PROHIBITION
of SINGLE USE plastic carryout bags and film plastic and shall make
those materials available to stores required to comply with this arti-
cle.
2. The department shall provide information regarding the availability
of recycling facilities and companies that recycle SINGLE USE plastic
bags and film plastic, including the addresses and phone numbers of such
facilities and companies to stores required to comply with this article.
§ 11. Section 27-2711 of the environmental conservation law is
REPEALED.
§ 12. Section 27-2713 of the environmental conservation law is
REPEALED.
§ 13. This act shall take effect on the first day of a quarterly sales
tax period, as set forth in subdivision (b) of section 1136 of the tax
law, next succeeding the ninetieth day after it shall have become a law,
and shall apply in accordance with the applicable transitional
provisions of section 1106 of the tax law; provided that sections two,
three and four of this act shall expire and be deemed repealed 5 years
after such effective date when upon such date the provisions of sections
five, six, seven, eight, nine, ten, eleven and twelve of this act shall
take effect. Provided, further, that the commissioner of parks, recre-
ation and historic preservation, in conjunction with the commissioner of
taxation and finance, shall take any actions necessary for the timely
implementation of this act on or before the date on which it shall have
become a law.