S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7364
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2019
                                ___________
 
 Introduced  by M. of A. FAHY, SIMON, COOK -- Multi-Sponsored by -- M. of
   A. EPSTEIN -- read once and referred to the Committee on Environmental
   Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   paper carryout bag reduction fee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7  of  section  27-2805  of  the  environmental
 conservation  law,  as  added by section 2 of part H of a chapter of the
 laws of 2019 amending the environmental conservation law, the  alcoholic
 beverage  control law and the state finance law relating to establishing
 guidelines for bag waste reduction,  as  proposed  in  legislative  bill
 numbers S.1508-C and A.2008-C, is amended to read as follows:
   7.  All paper carryout bag reduction fee monies and any related penal-
 ties and interest remitted to the commissioner of taxation  and  finance
 under  this  section, except as hereinafter provided, shall be deposited
 daily with such responsible banks, banking houses, or trust companies as
 may be designated by the state comptroller.  Of the revenues  deposited,
 the  comptroller  shall retain in the comptroller's hands such amount as
 the commissioner of taxation and finance may determine to  be  necessary
 for refunds or reimbursements of the fees collected or received pursuant
 to  this  section, out of which the comptroller shall pay any refunds or
 reimbursements of such fees to which persons shall be entitled under the
 provisions of this section. The comptroller, after reserving such refund
 and reimbursement fund shall:   (A) FOR THE  FIRST  YEAR  FOLLOWING  THE
 EFFECTIVE  DATE OF A LOCAL LAW, ORDINANCE OR RESOLUTION IMPOSING A PAPER
 CARRYOUT BAG REDUCTION FEE ADOPTED PURSUANT TO SUBDIVISION ONE  OF  THIS
 SECTION BY A COUNTY OR CITY, on or before the twelfth day of each month,
 pay  to the appropriate fiscal officers of the counties or cities impos-
 ing tax under subdivision one of this section an amount equal  to  forty
 percent  of  the paper carryout bag reduction fee monies and any related
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11145-01-9

 A. 7364                             2
 
 penalties and interest collected by the  commissioner  of  taxation  and
 finance in respect of each such county or city in the preceding calendar
 month to be used for the purpose of purchasing and distributing reusable
 bags,  with priority given to low- and fixed-income communities; AND (B)
 AFTER THE FIRST YEAR FOLLOWING THE EFFECTIVE DATE OF A LOCAL LAW,  ORDI-
 NANCE  OR RESOLUTION IMPOSING A PAPER CARRYOUT BAG REDUCTION FEE ADOPTED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION BY A COUNTY OR CITY,  ON  OR
 BEFORE THE TWELFTH DAY OF EACH MONTH, PAY TO EACH PERSON LOCATED IN SUCH
 COUNTY  OR CITY AND REQUIRED TO COLLECT THE PAPER CARRYOUT BAG REDUCTION
 FEE AN AMOUNT EQUAL TO FORTY PERCENT OF THE PAPER CARRYOUT BAG REDUCTION
 FEE MONIES COLLECTED BY SUCH PERSON. Provided further that at the end of
 each fiscal year, any funds which have not been  used  for  the  purpose
 defined  in  this  section  shall  be returned to the comptroller and be
 deposited into the general fund to be used for the purpose of purchasing
 and distributing reusable bags with priority given to low- and fixed-in-
 come communities.  Any remaining amount of paper carryout bag  reduction
 fee  monies  and  any  related penalties and interest shall be deposited
 monthly into the environmental protection fund established  pursuant  to
 section ninety-two-s of the state finance law.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as part H of a chapter of the laws of 2019 amending the  environ-
 mental  conservation  law,  the  alcoholic  beverage control law and the
 state finance law relating to  establishing  guidelines  for  bag  waste
 reduction,   as  proposed  in  legislative  bill  numbers  S.1508-C  and
 A.2008-C, takes effect.