Establishes the "Nickels for Nature Act"

2 Co-sponsors

• Martin Malavé Dilan
• Toby Ann Stavisky

BILL NUMBER:S1532

Title of bill

An act to amend the environmental conservation law, the parks, recreation and historic preservation law, and the state finance law, in relation to enacting the "nickels for nature" act

Purpose

To establish a comprehensive program that provides a dedicated funding stream for our state parks and historic sites and to incentivize individuals to increase their utilization of reusable bags for the purpose of mitigating the harmful effects caused by the use and production of single use bags.

Summary of provisions

Section 1: This act shall be known and may be cited as the "Nickels for Nature act".

Section 2: Legislative findings and intent.

Section 3: Title 27 of article 27 of the environmental conservation law, as added by chapter 641 of the laws of 2008, is amended by adding a new section 27-2710. This added section establishes a five cent surcharge on single use bags and explains how the program shall function. Additionally, the distribution of the collected surcharge is separated into two separate used. Two cents of each five cent surcharge imposed shall remain, untaxed, with the retailer and the state shall collect three cents to be placed into the "nickels for nature" fund. This section also contains definitions and creates a schedule of punishments.

Section 4: Amends the parks, recreation and historic preservation law by adding a new section 13.33 which creates the "nickels for nature" fund. Authorizes utilization of such funds for capital expenditures.

Section 5: Amends the state finance law by adding a new section 99-u to grant custody of funds to the commissioner of taxation and finance. Restricts the co-mingling of such funds with any other moneys in the custody of the commissioner of taxation and finance or any usage of such funds without the authority of the commissioner of the office of parks, recreation and historic preservation or his or her designee.

Section 6: Effective date.

Justification

State parks and historic sites provide an indispensable asset to our greater community in terms of both economical and educational

benefits. Without appropriate maintenance the parks and historical sites will fall into a state of disrepair rendering them inaccessible. Accordingly, state parks and historic sites should be provided with the necessary capital funding to allow for their continued use and enjoyment. Moreover, singe use bags, both paper and plastic, have a direct negative impact on the environment. Littering our communities, filling our landfills, harming wildlife, and using an already scarce resource of fossil fuels during their production. An economic incentive to discourage the unnecessary use of single use bags will help mitigate the aforementioned harmful effects.

Legislative history

2012: Referred to Environmental Conservation; Amended and recommitted to Environmental Conservation print number 5885A 2010-2011: Referred to Committee on Rules

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.