Bill Text: NY A03803 | 2023-2024 | General Assembly | Introduced

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Bill Title: Implements a one year phase-in period for a local law, ordinance or resolution imposing a paper carryout bag reduction fee where forty percent of such fees are returned to such county or city for the purpose of purchasing and distributing reusable bags, with priority given to low- and fixed-income communities, and after the first year, such forty percent of fees shall be remitted to the person who collected the fees.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A03803 Detail]

Download: New_York-2023-A03803-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3803

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by  M.  of  A.  FAHY,  SIMON, COOK, 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:

     1    Section 1. Subdivision 7  of  section  27-2805  of  the  environmental
     2  conservation  law,  as added by section 2 of part H of chapter 58 of the
     3  laws of 2019, is amended to read as follows:
     4    7. All paper carryout bag reduction fee monies and any related  penal-
     5  ties  and  interest remitted to the commissioner of taxation and finance
     6  under this section, except as hereinafter provided, shall  be  deposited
     7  daily with such responsible banks, banking houses, or trust companies as
     8  may  be designated by the state comptroller.  Of the revenues deposited,
     9  the comptroller shall retain in the comptroller's hands such  amount  as
    10  the  commissioner  of taxation and finance may determine to be necessary
    11  for refunds or reimbursements of the fees collected or received pursuant
    12  to this section, out of which the comptroller shall pay any  refunds  or
    13  reimbursements of such fees to which persons shall be entitled under the
    14  provisions of this section. The comptroller, after reserving such refund
    15  and  reimbursement  fund  shall:    (a) for the first year following the
    16  effective date of a local law, ordinance or resolution imposing a  paper
    17  carryout  bag  reduction fee adopted pursuant to subdivision one of this
    18  section by a county or city, on or before the twelfth day of each month,
    19  pay to the appropriate fiscal officers of the counties or cities  impos-
    20  ing  tax  under subdivision one of this section an amount equal to forty
    21  percent of the paper carryout bag reduction fee monies and  any  related
    22  penalties  and  interest  collected  by the commissioner of taxation and
    23  finance in respect of each such county or city in the preceding calendar
    24  month to be used for the purpose of purchasing and distributing reusable
    25  bags, with priority given to low- and fixed-income communities; and  (b)

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03462-01-3
        A. 3803                             2

     1  after  the first year following the effective date of a local law, ordi-
     2  nance or resolution imposing a paper carryout bag reduction fee  adopted
     3  pursuant  to  subdivision one of this section by a county or city, on or
     4  before the twelfth day of each month, pay to each person located in such
     5  county  or city and required to collect the paper carryout bag reduction
     6  fee an amount equal to forty percent of the paper carryout bag reduction
     7  fee monies collected by such person. Provided further that at the end of
     8  each fiscal year, any funds which have not been  used  for  the  purpose
     9  defined  in  this  section  shall  be returned to the comptroller and be
    10  deposited into the general fund to be used for the purpose of purchasing
    11  and distributing reusable bags with priority given to low- and fixed-in-
    12  come communities.  Any remaining amount of paper carryout bag  reduction
    13  fee  monies  and  any  related penalties and interest shall be deposited
    14  monthly into the environmental protection fund established  pursuant  to
    15  section ninety-two-s of the state finance law.
    16    § 2. This act shall take effect immediately.