Bill Text: NY A07364 | 2019-2020 | General Assembly | Introduced


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) 2019-04-26 - referred to environmental conservation [A07364 Detail]

Download: New_York-2019-A07364-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7364
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     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:
     1    Section 1. Subdivision 7  of  section  27-2805  of  the  environmental
     2  conservation  law,  as  added by section 2 of part H of a chapter of the
     3  laws of 2019 amending the environmental conservation law, the  alcoholic
     4  beverage  control law and the state finance law relating to establishing
     5  guidelines for bag waste reduction,  as  proposed  in  legislative  bill
     6  numbers S.1508-C and A.2008-C, is amended to read as follows:
     7    7.  All paper carryout bag reduction fee monies and any related penal-
     8  ties and interest remitted to the commissioner of taxation  and  finance
     9  under  this  section, except as hereinafter provided, shall be deposited
    10  daily with such responsible banks, banking houses, or trust companies as
    11  may be designated by the state comptroller.  Of the revenues  deposited,
    12  the  comptroller  shall retain in the comptroller's hands such amount as
    13  the commissioner of taxation and finance may determine to  be  necessary
    14  for refunds or reimbursements of the fees collected or received pursuant
    15  to  this  section, out of which the comptroller shall pay any refunds or
    16  reimbursements of such fees to which persons shall be entitled under the
    17  provisions of this section. The comptroller, after reserving such refund
    18  and reimbursement fund shall:   (a) for the  first  year  following  the
    19  effective  date of a local law, ordinance or resolution imposing a paper
    20  carryout bag reduction fee adopted pursuant to subdivision one  of  this
    21  section by a county or city, on or before the twelfth day of each month,
    22  pay  to the appropriate fiscal officers of the counties or cities impos-
    23  ing tax under subdivision one of this section an amount equal  to  forty
    24  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
     1  penalties and interest collected by the  commissioner  of  taxation  and
     2  finance in respect of each such county or city in the preceding calendar
     3  month to be used for the purpose of purchasing and distributing reusable
     4  bags,  with priority given to low- and fixed-income communities; and (b)
     5  after the first year following the effective date of a local law,  ordi-
     6  nance  or resolution imposing a paper carryout bag reduction fee adopted
     7  pursuant to subdivision one of this section by a county or city,  on  or
     8  before the twelfth day of each month, pay to each person located in such
     9  county  or city and required to collect the paper carryout bag reduction
    10  fee an amount equal to forty percent of the paper carryout bag reduction
    11  fee monies collected by such person. Provided further that at the end of
    12  each fiscal year, any funds which have not been  used  for  the  purpose
    13  defined  in  this  section  shall  be returned to the comptroller and be
    14  deposited into the general fund to be used for the purpose of purchasing
    15  and distributing reusable bags with priority given to low- and fixed-in-
    16  come communities.  Any remaining amount of paper carryout bag  reduction
    17  fee  monies  and  any  related penalties and interest shall be deposited
    18  monthly into the environmental protection fund established  pursuant  to
    19  section ninety-two-s of the state finance law.
    20    §  2.  This  act  shall  take  effect on the same date and in the same
    21  manner as part H of a chapter of the laws of 2019 amending the  environ-
    22  mental  conservation  law,  the  alcoholic  beverage control law and the
    23  state finance law relating to  establishing  guidelines  for  bag  waste
    24  reduction,   as  proposed  in  legislative  bill  numbers  S.1508-C  and
    25  A.2008-C, takes effect.
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