NY State Senate Bill 2019-S95

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 09, 2019	referred to environmental conservation

co-Sponsors

View additional co-sponsors

2019-S95 (ACTIVE) - Details

See Assembly Version of this Bill:: A5753
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 2017-2018 Legislative Session:: S7760, A9953

2019-S95 (ACTIVE) - Summary

Establishes guidelines for carryout bag waste reduction.

2019-S95 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S95

SPONSOR: KAMINSKY
 
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:
2018- S.7760 (Krueger)

 
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.

2019-S95 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    95
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. KAMINSKY, KRUEGER, BAILEY, BRESLIN, BROOKS, HOYLMAN,
   KAVANAGH,  MAYER,  MONTGOMERY,  PARKER,  PERSAUD,  SANDERS, SEPULVEDA,
   SERRANO, STAVISKY -- 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. 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
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02045-01-9

 S. 95                               2
 
   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
 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.

 S. 95                               3
 
   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.
   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

 S. 95                               4
 
 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
 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

 S. 95                               5
 
 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
 POSSESSION,  MAKE  AN  ESTIMATE OF THE DEFICIENCY AND COLLECT SUCH DEFI-
 CIENCY FROM SUCH STORE.
 § 27-2805. VIOLATIONS.

 S. 95                               6
 
   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-
 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

 S. 95                               7
 
 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
 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

 S. 95                               8
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S95

Sponsored By

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

co-Sponsors

2019-S95 (ACTIVE) - Details

2019-S95 (ACTIVE) - Summary

2019-S95 (ACTIVE) - Sponsor Memo

2019-S95 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S95

Share this bill

Sponsored By

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

co-Sponsors

2019-S95 (ACTIVE) - Details

2019-S95 (ACTIVE) - Summary

2019-S95 (ACTIVE) - Sponsor Memo

2019-S95 (ACTIVE) - Bill Text download pdf

Comments