S T A T E O F N E W Y O R K
________________________________________________________________________
5753
2019-2020 Regular Sessions
I N A S S E M B L Y
February 14, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, SIMON, ORTIZ, CARROLL, LAVINE,
LIFTON, THIELE, ABINANTI, DE LA ROSA, LUPARDO, STECK, HYNDMAN,
SEAWRIGHT, FAHY, L. ROSENTHAL, GOTTFRIED, PEOPLES-STOKES, JAFFEE,
COLTON, SOLAGES, EPSTEIN, TAYLOR, PAULIN, ARROYO, GLICK, SANTABARBARA,
WILLIAMS, GALEF, QUART, WOERNER, MAGNARELLI, ROZIC, BARRON, BLAKE,
D'URSO, OTIS, MOSLEY, NIOU, DINOWITZ, RICHARDSON, BARRETT, STIRPE,
RYAN -- Multi-Sponsored by -- M. of A. BRONSON, BUCHWALD, CYMBROWITZ,
MONTESANO -- 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. This act shall be known and may be cited as the "New York
state bring your own bag act".
§ 2. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02045-01-9
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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;
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
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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.
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.
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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
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
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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.
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
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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.
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.
§ 3. Subdivision 4 of section 63 of the alcoholic beverage control
law, as amended by 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-
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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.
§ 4. Subdivision 3 and paragraph (b) of subdivision 6 of section 92-s
of the state finance law, subdivision 3 as amended by section 1 of part
AA of chapter 58 of the laws of 2018 and paragraph (b) of subdivision 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
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 environmental
conservation law, ALL MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO
SECTION 27-2804 OF THE ENVIRONMENTAL CONSERVATION LAW, and all other
moneys credited or transferred thereto from any other fund or source
pursuant to law. All such revenue shall be initially deposited into the
environmental protection fund, for application as provided in subdivi-
sion 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
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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. Effective immediately the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made on or before such date.