What's happening
This bill imposes a five-cent tax on plastic and paper shopping bags at checkout, with exemptions and funds directed to environmental protection.
Why it matters
Directly targets consumer behavior. by making shoppers more conscious of their use of single-use bags, intending to reduce waste and encourage reusable bag use through a visible, itemized fee at checkout.
Includes broad exemptions. for certain types of bags (e.g., those for fresh foods, bags used by older adults, SNAP/WIC purchases, and bags brought in by customers), aiming to balance environmental goals with public health, food safety, and social equity concerns.
Allocates all collected funds specifically to the state’s climate change mitigation and adaptation fund. , ensuring the revenue supports environmental protection projects rather than being absorbed into the general budget.
Sets size restrictions on chargeable bags. , potentially preventing loopholes where larger bags might be used to circumvent the fee, and further nudging both retailers and consumers toward reduced bag consumption.
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Who cares
Retailers, supermarkets and service stations
They would have to charge customers the full five-cent tax on taxable plastic and paper shopping bags, itemize it on receipts and comply with bag-size limits.
Shoppers using plastic or paper bags
They would pay five cents per taxable bag, while bags they bring themselves and reusable bags sold for at least 75 cents would be exempt.
SNAP and WIC participants and shoppers age 65 or older
Bags containing their qualifying purchases would be exempt, though adding other items to an exempt bag would trigger the tax.
Climate change mitigation and adaptation advocates
All revenue from the bag tax would go to the Environmental Protection Fund’s climate change mitigation and adaptation account.
Headline styles
Tax on Shopping Bags
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to ways and means
- Referred to ways and means
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6905
2019-2020 Regular Sessions
IN ASSEMBLY
March 25, 2019
Introduced by M. of A. ORTIZ, GALEF, PAULIN, L. ROSENTHAL, RODRIGUEZ -read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to imposing a tax on plastic and paper shopping bags used to transport every sale of tangible personal property by consumers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The tax law is amended by adding a new section 1113 to read as follows:
§ 1113. Imposition of tax; plastic and paper shopping bags. (a) There is hereby imposed and there shall be paid a tax of five cents upon plastic and paper shopping bags used to transport every sale of tangible personal property by consumers.
(b)(1) The tax imposed, pursuant to subdivision (a) of this section, shall apply at the point of sale in shops, supermarkets, service stations and all sales outlets. Retailers shall pass on the full amount of such tax as a charge to the customer during his or her checkout.
(2) Such tax shall be itemized on all invoices, receipts or dockets issued to customers at the point of sale.
(c) The following shall be exempt from the tax imposed pursuant to subdivision (a) of this section:
(1) Plastic and paper bags containing fresh meat, fish or poultry;
(2) Plastic and paper bags containing non-packed fruit, nuts or vegetables, confectionery, dairy products, cooked food or ice;
(3) Plastic and paper bags used to store products sold on board aircraft or ships;
(4) Reuseable bags sold to customers for a sum not less than seventyfive cents;
(5) Any plastic or paper bag brought to the store by the customer to be used during the sale of tangible personal property;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10922-01-9
A. 6905 2
(6) Plastic and paper bags containing products purchased with benefits received by the customer under the supplemental nutrition assistance program (SNAP), the special supplemental nutrition program for women, infants and children (WIC), or any successor programs; and
(7) Plastic and paper bags containing products purchased by a customer sixty-five years of age or older.
(d) If any other item is placed in a plastic or paper bag exempted by subdivision (c) of this section, such customer shall be charged the five cent tax during his or her checkout.
(e) Plastic and paper bags used for every sale of tangible personal property shall not be larger than two hundred fifty millimeters by three hundred forty-five millimeters by four hundred fifty millimeters.
(f) All funds collected pursuant to the tax imposed by this section shall be deposited into the climate change mitigation and adaptation account of the environmental protection fund established pursuant to subparagraph (iv) of paragraph a of subdivision two of section ninetytwo-s of the state finance law.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.