Limit Carryout Bag Waste

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 material that is intended for the purpose of carrying purchased items and is

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02045-01-9

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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, including, but not limited to sandwich bags, handleless produce bags and bags provided by a pharmacy to carry prescription drugs;

3. "Store" means a general vendor, or a retail or wholesale establishment 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 specifically designed and manufactured for multiple reuse that is provided by a store to a customer at the point of sale and capable of carrying twenty-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 standard D6988-13;

5. "Mobile food vendor" means a self-contained food service operation, located in a readily movable pushcart, motorized wheeled or towed vehicle, used to store, prepare, display or serve food intended for individual 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 subdivision shall retain twenty percent of all such fees and shall remit the remaining eighty percent of all such fees to the commissioner of taxation 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-income 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

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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.

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 duration 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 customers 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 federal 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 quarterly period covered thereby. Each such report shall include all information 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 quarter.

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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 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 electronically.

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 indicate 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 companies 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

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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 certificate. A registration certificate issued pursuant to this subdivision 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 registered stores and shall continually update such list as warranted. The commissioner shall share any information with the commissioner of taxation and finance that is necessary for the administration of this subdivision.