Bill Text: NY S00095 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes guidelines for carryout bag waste reduction.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2019-01-09 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00095 Detail]

Download: New_York-2019-S00095-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           95
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (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:
     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  state bring your own bag act".
     3    §  2.  Article  27 of the environmental conservation law is amended by
     4  adding a new title 28 to read as follows:
     5                                  TITLE 28
     6                        CARRYOUT BAG WASTE REDUCTION
     7  Section 27-2801. Definitions.
     8          27-2802. Charges.
     9          27-2803. Additional obligations for stores.
    10          27-2804. Deposit and disposition of fees.
    11          27-2805. Violations.
    12          27-2806. Preemption of local law.
    13  § 27-2801. Definitions.
    14    As used in this article:
    15    1. "Carryout bag" means a bag made of plastic, paper, or other materi-
    16  al that is intended for the purpose of carrying purchased items  and  is
    17  provided by a store to a customer at the point of sale and that is not a
    18  reusable grocery bag;
    19    2. "Exempt bag" means a bag intended to directly contain food, includ-
    20  ing,  but not limited to sandwich bags, handleless produce bags and bags
    21  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
     1    3. "Store" means a general vendor, or a retail or wholesale establish-
     2  ment engaged in the  sale  of  personal,  consumer  or  household  items
     3  including  but  not  limited to drug stores, pharmacies, grocery stores,
     4  supermarkets, convenience food stores or foodmarts that provide carryout
     5  bags  to consumers in which to place items purchased or obtained at such
     6  establishments. Such term shall not include food service establishments,
     7  mobile food service  establishments,  or  emergency  food  providers  or
     8  501(c)(3) organizations;
     9    4.  "Reusable  grocery  bag"  means a bag with handles that is specif-
    10  ically designed and manufactured for multiple reuse that is provided  by
    11  a store to a customer at the point of sale and capable of carrying twen-
    12  ty-two pounds over a distance of one hundred and seventy-five feet for a
    13  minimum  of  one  hundred and twenty-five uses and is either (a) made of
    14  cloth or other machine washable fabric, or (b) made of  durable  plastic
    15  that  is at least 2.25 mils thick, measured according to the ASTM stand-
    16  ard D6988-13;
    17    5. "Mobile food vendor" means a self-contained food service operation,
    18  located in a readily movable pushcart, motorized wheeled or towed  vehi-
    19  cle, used to store, prepare, display or serve food intended for individ-
    20  ual portion service.
    21  § 27-2802. Charges.
    22    1.  (a)  Stores  shall charge a fee of no less than ten cents for each
    23  carryout bag or reusable grocery bag provided to any  person.  No  store
    24  shall  charge  more  than  twenty-five cents for each carryout bag. This
    25  charge shall be incurred by the customer at the point of sale, and  will
    26  appear  as a separate charge on the receipt received by the customer for
    27  the purchased items.
    28    (b) The store collecting fees pursuant to paragraph (a) of this subdi-
    29  vision shall retain twenty percent of all such fees and shall remit  the
    30  remaining  eighty  percent of all such fees to the commissioner of taxa-
    31  tion and finance in accordance with the provisions of section 27-2804 of
    32  this title for deposit to the credit  of  the  environmental  protection
    33  fund  established  pursuant to section ninety-two-s of the state finance
    34  law.   All such funds shall be made  available  to  localities  for  the
    35  purpose  of  pollution reduction, cleanup, and education, and purchasing
    36  and distributing reusable bags, with priority given to low and fixed-in-
    37  come communities.
    38    2. (a) No store shall charge a carryout bag fee for bags of  any  kind
    39  provided  by the customer in lieu of a carryout bag of any kind provided
    40  by any such store.
    41    (b) No store shall be required to charge such fee for an exempt bag.
    42    3. No store shall prevent a person from using a bag of any  kind  that
    43  they  have brought to any such store for purposes of carrying goods from
    44  such store.
    45    4. All stores that provide carryout bags to  customers  shall  provide
    46  carryout  bags  free of charge for items purchased at such stores by any
    47  person using the New  York  state  supplemental  nutritional  assistance
    48  program or the New York state special supplemental nutrition program for
    49  women, infants and children as a full or partial payment.
    50    5.  The  department  shall promulgate all necessary or desirable rules
    51  and regulations to effect the purposes  set  forth  in  this  title  and
    52  educate  the  general  public  about such purposes. The department shall
    53  conduct outreach programs to  educate  the  general  public  about  such
    54  purposes and shall publicize such rules and regulations on its website.
    55  § 27-2803. Additional obligations for stores.

        S. 95                               3
     1    1. All stores subject to the provisions of this title shall post signs
     2  provided or approved by the department at or near points of sale located
     3  in  such  covered  stores  to notify customers of the provisions of this
     4  section.
     5    2.    No store subject to the provisions of this title shall provide a
     6  credit to any person specifically  for  the  purpose  of  offsetting  or
     7  avoiding  the  carryout  bag  charge required by section 27-2802 of this
     8  title.
     9    3. A store may not charge a fee pursuant to subdivision one of section
    10  27-2802 of this title,  for  a  reusable  grocery  bag  that  meets  the
    11  requirements  of  subdivision  four of section 27-2801 of this title and
    12  which is distributed to a customer without charge during a limited dura-
    13  tion promotional event, not to exceed fourteen days per year.
    14    4. Paper carryout bags subject  to  provisions  of  this  title  shall
    15  contain a minimum of forty percent post-consumer recycled content.
    16    5.  No store shall distribute any plastic carryout bags to its custom-
    17  ers unless such bags are exempt bags as defined in  subdivision  two  of
    18  section 27-2801 of this title.
    19  § 27-2804. Deposit and disposition of fees.
    20    1.  Each  store collecting fees as provided in section 27-2802 of this
    21  title shall deposit all such fees collected into a  designated  carryout
    22  bag  account.  Such  store  shall  hold  the amounts in the carryout bag
    23  account in trust for the state. A  carryout  bag  account  shall  be  an
    24  interest-bearing account established in a banking institution located in
    25  this state, the deposits in which are insured by an agency of the feder-
    26  al  government.  Deposits  of such amounts into the carryout bag account
    27  shall be made not less frequently than every  five  business  days.  All
    28  interest,  dividends  and  returns  earned on monies in the carryout bag
    29  account shall be paid directly into said account.  The  monies  in  such
    30  account  shall  be  kept separate and apart from all other monies in the
    31  possession of the store. The commissioner of taxation  and  finance  may
    32  specify a system of account and records to be maintained with respect to
    33  accounts established under this subdivision.
    34    2.  Each  store  shall file quarterly reports with the commissioner of
    35  taxation and finance on a form and in  the  manner  prescribed  by  such
    36  commissioner.  The commissioner of taxation and finance may require such
    37  reports to be filed electronically. The quarterly  reports  required  by
    38  this  subdivision shall be filed for the quarterly periods ending on the
    39  last day of May, August, November and February of each  year,  and  each
    40  such report shall be filed within twenty days after the end of the quar-
    41  terly  period covered thereby. Each such report shall include all infor-
    42  mation such commissioner shall determine appropriate including  but  not
    43  limited to the following information:
    44    a.  the  balance  in  the carryout bag account at the beginning of the
    45  quarter for which the report is prepared;
    46    b. all such deposits credited to the  carryout  bag  account  and  all
    47  interest,  dividends  or  returns  received on such account, during such
    48  quarter;
    49    c. all service charges on the account, and all payments made  pursuant
    50  to subdivision three of this section; and
    51    d.  the balance in the carryout bag account at the close of such quar-
    52  ter.
    53    3. a. An amount equal to eighty percent of the balance outstanding  in
    54  the  carryout  bag account at the close of each quarter shall be paid to
    55  the commissioner of taxation and finance at the time the report provided
    56  for in subdivision two of this section is  required  to  be  filed.  The

        S. 95                               4
     1  commissioner  of  taxation  and finance may require that the payments be
     2  made  electronically.  The  remaining  twenty  percent  of  the  balance
     3  outstanding  at  the  close  of  each quarter shall be the monies of the
     4  store  and  may  be  withdrawn  from  such  account by the store. If the
     5  provisions of this section with respect to such account  have  not  been
     6  fully  complied  with, each store shall pay to such commissioner at such
     7  time, in lieu of the amount described  in  the  preceding  sentence,  an
     8  amount  equal  to  the balance which would have been outstanding on such
     9  date had such provisions been fully complied with. The  commissioner  of
    10  taxation  and  finance  may  require that the payments be made electron-
    11  ically.
    12    b. A store who ceases to do business in this state as  a  store  shall
    13  file  a  final report and remit payment of eighty percent of all amounts
    14  remaining in the carryout bag account as of the  close  of  the  store's
    15  last  day  of  business.  The  commissioner  of taxation and finance may
    16  require that the payments be made electronically. The store shall  indi-
    17  cate  on the report that it is a "final report". The final report is due
    18  to be filed with payment twenty days after the close  of  the  quarterly
    19  period in which the store ceases to do business.
    20    4.  All monies collected or received by the department of taxation and
    21  finance pursuant to this title shall be deposited to the credit  of  the
    22  comptroller  with such responsible banks, banking houses or trust compa-
    23  nies as may be designated by the comptroller.  Such  deposits  shall  be
    24  kept  separate  and apart from all other monies in the possession of the
    25  comptroller. The comptroller shall require adequate  security  from  all
    26  such depositories. The comptroller must, by the tenth day of each month,
    27  pay  into  the  state  treasury  to  the  credit  of  the  environmental
    28  protection fund established pursuant  to  section  ninety-two-s  of  the
    29  state  finance  law  the revenue deposited under this subdivision during
    30  the preceding calendar month and remaining to the  comptroller's  credit
    31  on the last day of that preceding month.
    32    5. The commissioner and the commissioner of taxation and finance shall
    33  promulgate, and shall consult each other in promulgating, such rules and
    34  regulations  as  may  be  necessary  to  effectuate the purposes of this
    35  title. The commissioner and the commissioner  of  taxation  and  finance
    36  shall  provide all necessary aid and assistance to each other, including
    37  the sharing of any information that is  necessary  to  their  respective
    38  administration   and   enforcement   responsibilities  pursuant  to  the
    39  provisions of this title.
    40    6. a. Any store in operation prior  to  the  effective  date  of  this
    41  title,  must  apply  within  three  months of the effective date of this
    42  title to the commissioner of taxation and finance  for  registration  to
    43  collect  fees  as  provided  in section 27-2802 of this title. Any store
    44  commencing operations on or after three months from the  effective  date
    45  of this title shall apply for registration prior to collecting any fees.
    46  Such  application  shall  be in a form prescribed by the commissioner of
    47  taxation and finance and shall require such  information  deemed  to  be
    48  necessary  for  proper administration of this title. The commissioner of
    49  taxation and finance may require that applications for registration must
    50  be submitted electronically.  The commissioner of taxation  and  finance
    51  shall  electronically  issue  a store registration certificate in a form
    52  prescribed by the commissioner of taxation and  finance  within  fifteen
    53  days  of  receipt of such application or may take an additional ten days
    54  if the commissioner of  taxation  and  finance  deems  it  necessary  to
    55  consult  with  the commissioner before issuing such registration certif-
    56  icate. A registration certificate issued pursuant  to  this  subdivision

        S. 95                               5
     1  may  be  issued  for  a  specified term of not less than three years and
     2  shall be subject to renewal in accordance with procedures  specified  by
     3  the  commissioner  of taxation and finance. The commissioner of taxation
     4  and  finance shall furnish to the commissioner a complete list of regis-
     5  tered stores and shall continually update such list  as  warranted.  The
     6  commissioner  shall share any information with the commissioner of taxa-
     7  tion and finance that is necessary for the administration of this subdi-
     8  vision.
     9    b. The commissioner of taxation and finance shall have  the  authority
    10  to  revoke  or  refuse to renew any registration issued pursuant to this
    11  subdivision when he or she has determined or has been  informed  by  the
    12  commissioner that any of the provisions of this title or rules and regu-
    13  lations promulgated thereunder have been violated. Such violations shall
    14  include,  but  not be limited to, the failure to file quarterly reports,
    15  the failure to make payments pursuant to this subdivision, the providing
    16  of false or fraudulent information to either the department of  taxation
    17  and  finance  or the department, or knowingly aiding or abetting another
    18  person in violating any of the provisions of this  title.  A  notice  of
    19  proposed  revocation  or  non-renewal shall be given to the store in the
    20  manner prescribed for  a  notice  of  deficiency  of  tax  and  all  the
    21  provisions  applicable  to  a notice of deficiency under article twenty-
    22  seven of the tax law shall apply to a notice  issued  pursuant  to  this
    23  paragraph, insofar as such provisions can be made applicable to a notice
    24  authorized  by  this paragraph, with such modifications as may be neces-
    25  sary in order to adapt the language of such  provisions  to  the  notice
    26  authorized by this paragraph. All such notices issued by the commission-
    27  er  of  taxation  and finance pursuant to this paragraph shall contain a
    28  statement advising the store  that  the  revocation  or  non-renewal  of
    29  registration  may  be challenged through a hearing process and the peti-
    30  tion for such a challenge must be filed with the commissioner  of  taxa-
    31  tion and finance within ninety days after such notice is issued. A store
    32  whose  registration has been so revoked or not renewed shall cease to do
    33  business in this state, until this title has been complied  with  and  a
    34  new registration has been issued.
    35    7.  The  commissioner  of taxation and finance may require the mainte-
    36  nance of such accounts, records or documents relating to the  collection
    37  of  fees  for  carryout bags, by any store as such commissioner may deem
    38  appropriate for the administration of this  section.  Such  commissioner
    39  may make examinations, including the conduct of store inspections during
    40  regular  business  hours, with respect to the accounts, records or docu-
    41  ments required to be maintained under this subdivision.  Such  accounts,
    42  records  and  documents  shall be preserved for a period of three years,
    43  except that such commissioner may consent to  their  destruction  within
    44  that  period  or  may  require  that they be kept longer. Such accounts,
    45  records and documents may be kept within the meaning of this subdivision
    46  when reproduced by any photographic, photostatic, microfilm, micro-card,
    47  miniature photographic or other process which  actually  reproduces  the
    48  original accounts, records or documents.
    49    8.  If  any  store  fails  or  refuses to file a report or furnish any
    50  information requested in writing  by  the  department  of  taxation  and
    51  finance  or  the department, the department of taxation and finance with
    52  the assistance of the  department  may,  from  any  information  in  its
    53  possession,  make  an  estimate of the deficiency and collect such defi-
    54  ciency from such store.
    55  § 27-2805. Violations.

        S. 95                               6
     1    1.  Any retailer who shall violate any provision of this  title  shall
     2  receive  a warning notice for the first such violation. A retailer shall
     3  be liable to the state of New York for a civil penalty  of  two  hundred
     4  fifty dollars for the first violation after receiving a warning and five
     5  hundred  dollars for any subsequent violation in the same calendar year.
     6  For purposes of this section, each commercial transaction shall  consti-
     7  tute  no  more  than one violation. A hearing or opportunity to be heard
     8  shall be provided prior to the assessment of any civil penalty.
     9    2. It shall not be a violation of this title for a general  vendor  or
    10  green  cart  to fail to provide a receipt to a customer with an itemized
    11  charge for a carryout bag fee.
    12    3. (a) The department, the department of agriculture and markets,  the
    13  department  of health, and the attorney general are hereby authorized to
    14  enforce the provisions of this title, and all monies collected shall  be
    15  deposited to the credit of the environmental protection fund established
    16  pursuant to section ninety-two-s of the state finance law.
    17    (b)  The  provisions of this section may also be enforced by a county,
    18  city, town or village and the local legislative body thereof  may  adopt
    19  local laws, ordinances or regulations consistent with this title provid-
    20  ing for the enforcement of such provisions.
    21    4. Any fines that are collected by the state during proceedings by the
    22  state  to  enforce the provisions of this title shall be retained by the
    23  state. Any fines that are collected by a municipality during proceedings
    24  by the municipality to enforce the provisions of this  title  against  a
    25  retailer  located  in  the municipality shall be retained by the munici-
    26  pality.
    27  § 27-2806. Preemption of local law.
    28    Jurisdiction in all matters pertaining  to  carryout  bags  is  vested
    29  exclusively  in  the state. Any provision of any local law or ordinance,
    30  or any rule or regulation promulgated thereto, governing charges or bans
    31  related to carryout bags shall, upon the effective date of  this  title,
    32  be  preempted. Provided, however, nothing in this section shall preclude
    33  a local law or ordinance, or any rule or regulation from implementing  a
    34  higher fee for carryout bags or reusable grocery bags, or a ban on addi-
    35  tional types of carryout bags.
    36    §  3.  Subdivision  4  of section 63 of the alcoholic beverage control
    37  law, as amended by chapter 360 of the laws of 2017, is amended  to  read
    38  as follows:
    39    4.  No licensee under this section shall be engaged in any other busi-
    40  ness on the licensed premises. The sale of lottery  tickets,  when  duly
    41  authorized  and lawfully conducted, the sale of carryout bags as defined
    42  in subdivision one of section 27-2801 of the environmental  conservation
    43  law  and reusable grocery bags as defined in subdivision four of section
    44  27-2801 of the environmental conservation law, the sale of corkscrews or
    45  the sale of ice or the sale of publications, including prerecorded video
    46  and/or audio cassette tapes, or educational seminars, designed  to  help
    47  educate  consumers  in  their  knowledge  and  appreciation of alcoholic
    48  beverages, as defined in section  three  of  this  chapter  and  allowed
    49  pursuant  to  their license, or the sale of non-carbonated, non-flavored
    50  mineral waters, spring waters and drinking waters or the sale of glasses
    51  designed for the consumption of wine, racks designed for the storage  of
    52  wine,  and  devices  designed  to  minimize oxidation in bottles of wine
    53  which have been uncorked, or the sale of gift bags, gift boxes, or wrap-
    54  ping, for alcoholic beverages purchased at the licensed  premises  shall
    55  not  constitute  engaging in another business within the meaning of this
    56  subdivision. Any fee obtained from the sale of  an  educational  seminar

        S. 95                               7
     1  shall  not  be  considered  as a fee for any tasting that may be offered
     2  during an educational seminar, provided that such tastings are available
     3  to persons who have not paid to attend the seminar and all tastings  are
     4  conducted in accordance with section sixty-three-a of this article.
     5    §  4. Subdivision 3 and paragraph (b) of subdivision 6 of section 92-s
     6  of the state finance law, subdivision 3 as amended by section 1 of  part
     7  AA  of chapter 58 of the laws of 2018 and paragraph (b) of subdivision 6
     8  as amended by section 3 of part U of chapter 58 of the laws of 2016, are
     9  amended to read as follows:
    10    3. Such fund shall consist of the amount of revenue  collected  within
    11  the  state  from the amount of revenue, interest and penalties deposited
    12  pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
    13  amount  of fees and penalties received from easements or leases pursuant
    14  to subdivision fourteen of section seventy-five of the public lands  law
    15  and  the  money  received  as annual service charges pursuant to section
    16  four hundred four-n of the vehicle and traffic law, all moneys  required
    17  to  be  deposited  therein from the contingency reserve fund pursuant to
    18  section two hundred ninety-four of chapter fifty-seven of  the  laws  of
    19  nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
    20  pursuant to section thirteen of chapter six hundred ten of the  laws  of
    21  nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
    22  section 54-0511 of the environmental conservation law, all moneys to  be
    23  deposited from the Northville settlement pursuant to section one hundred
    24  twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
    25  hundred ninety-six, provided however, that such  moneys  shall  only  be
    26  used  for  the cost of the purchase of private lands in the core area of
    27  the central Suffolk pine barrens pursuant to a consent  order  with  the
    28  Northville  industries  signed  on  October thirteenth, nineteen hundred
    29  ninety-four and the related resource restoration and  replacement  plan,
    30  the  amount  of  penalties  required  to be deposited therein by section
    31  71-2724 of the environmental conservation law, all moneys required to be
    32  deposited pursuant to article thirty-three of the environmental  conser-
    33  vation  law, all fees collected pursuant to subdivision eight of section
    34  70-0117 of the environmental  conservation  law,  all  moneys  collected
    35  pursuant  to  title thirty-three of article fifteen of the environmental
    36  conservation law, beginning with the fiscal  year  commencing  on  April
    37  first,  two  thousand thirteen, nineteen million dollars, and all fiscal
    38  years thereafter, twenty-three million dollars plus all  funds  received
    39  by  the  state  each  fiscal year in excess of the greater of the amount
    40  received from April first, two thousand  twelve  through  March  thirty-
    41  first,  two  thousand  thirteen  or  one  hundred twenty-two million two
    42  hundred thousand dollars, from the payments collected pursuant to subdi-
    43  vision four of section 27-1012 of the environmental conservation law and
    44  all funds collected pursuant to section  27-1015  of  the  environmental
    45  conservation  law,  all  moneys  required  to  be  deposited pursuant to
    46  section 27-2804 of the environmental conservation  law,  and  all  other
    47  moneys  credited  or  transferred  thereto from any other fund or source
    48  pursuant to law. All such revenue shall be initially deposited into  the
    49  environmental  protection  fund, for application as provided in subdivi-
    50  sion five of this section.
    51    (b) Moneys from the solid waste account shall be  available,  pursuant
    52  to appropriation and upon certificate of approval of availability by the
    53  director of the budget, for any non-hazardous municipal landfill closure
    54  project;  municipal  waste reduction or recycling project, as defined in
    55  article fifty-four  of  the  environmental  conservation  law;  for  the
    56  purposes  of  section  two  hundred  sixty-one  and  section two hundred

        S. 95                               8
     1  sixty-four of the economic development law; any project for the develop-
     2  ment, updating or revision of local solid waste management plans  pursu-
     3  ant  to  sections  27-0107 and 27-0109 of the environmental conservation
     4  law;  environmental  justice projects and grants and for the development
     5  of the pesticide sales and use data base pursuant  to  title  twelve  of
     6  article  thirty-three  of  the  environmental conservation law; provided
     7  that all funds collected pursuant to title twenty-eight of article twen-
     8  ty-seven of the environmental conservation law shall be  made  available
     9  to  localities  for  the  purpose  of  pollution reduction, cleanup, and
    10  education, and purchasing and distributing reusable bags, with  priority
    11  given to low and fixed-income communities.
    12    §  5.  This  act  shall  take effect on the two hundred seventieth day
    13  after it shall have become a law.  Effective immediately  the  addition,
    14  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    15  implementation of this act on its effective date are  authorized  to  be
    16  made on or before such date.
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