What's happening
This bill changes how paper bag reduction fee money is distributed, prioritizing reusable bag purchases and providing a share to retailers after the first year.
Why it matters
Refocuses initial fee revenue on community support. For the first year after a local government imposes the paper bag fee, 40% of the collected money must be used specifically for buying and distributing reusable bags, with priority given to low- and fixed-income communities—helping those who might otherwise struggle with the transition away from paper bags.
Provides ongoing support to retailers. After that first year, 40% of the collected fees are distributed directly to the businesses required to collect the fee (retailers), providing them with a financial incentive or compensation for their role in reducing paper bag use.
Ensures unused funds still benefit the community. If any of the designated funds for reusable bags aren’t used by the end of the fiscal year, they are redirected back into the general fund for future reusable bag purchases, continuing to support access for low- and fixed-income residents rather than being lost to other purposes.
Sustains environmental funding. The remainder of the collected fees (after the specified distributions) continues to go to the state’s Environmental Protection Fund, supporting broader environmental protection efforts beyond just bag waste reduction.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Retailers required to collect paper bag fees
After the first year of a local fee, they would receive monthly payments equal to 40 percent of the paper bag fees they collect.
Counties and cities imposing paper bag fees
Their 40 percent share of fee revenue and related penalties and interest for purchasing and distributing reusable bags would be limited to the first year of the local fee.
Low- and fixed-income communities
They would remain the priority for reusable bag distribution, but the local revenue allocation supporting those purchases would end after the first year.
State comptroller
The office would shift monthly payments from local fiscal officers to individual fee collectors after each local fee’s first year.
Headline styles
Paper Bag Fee Revenue Rules
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Subdivision 7 of section 27-2805 of the environmental conservation law, as added by section 2 of part H of a chapter of the laws of 2019 amending the environmental conservation law, the alcoholic beverage control law and the state finance law relating to establishing guidelines for bag waste reduction, as proposed in legislative bill numbers S.1508-C and A.2008-C, is amended to read as follows:
7. All paper carryout bag reduction fee monies and any related penalties and interest remitted to the commissioner of taxation and finance under this section, except as hereinafter provided, shall be deposited daily with such responsible banks, banking houses, or trust companies as may be designated by the state comptroller. Of the revenues deposited, the comptroller shall retain in the comptroller's hands such amount as the commissioner of taxation and finance may determine to be necessary for refunds or reimbursements of the fees collected or received pursuant to this section, out of which the comptroller shall pay any refunds or reimbursements of such fees to which persons shall be entitled under the provisions of this section. The comptroller, after reserving such refund and reimbursement fund shall: (a) for the first year following the effective date of a local law, ordinance or resolution imposing a paper carryout bag reduction fee adopted pursuant to subdivision one of this section by a county or city, on or before the twelfth day of each month, pay to the appropriate fiscal officers of the counties or cities imposing tax under subdivision one of this section an amount equal to forty 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
penalties and interest collected by the commissioner of taxation and finance in respect of each such county or city in the preceding calendar month to be used for the purpose of purchasing and distributing reusable bags, with priority given to low- and fixed-income communities; and (b) after the first year following the effective date of a local law, ordinance or resolution imposing a paper carryout bag reduction fee adopted pursuant to subdivision one of this section by a county or city, on or before the twelfth day of each month, pay to each person located in such county or city and required to collect the paper carryout bag reduction fee an amount equal to forty percent of the paper carryout bag reduction fee monies collected by such person. Provided further that at the end of each fiscal year, any funds which have not been used for the purpose defined in this section shall be returned to the comptroller and be deposited into the general fund to be used for the purpose of purchasing and distributing reusable bags with priority given to low- and fixed-income communities. Any remaining amount of paper carryout bag reduction fee monies and any related penalties and interest shall be deposited monthly into the environmental protection fund established pursuant to section ninety-two-s of the state finance law.
§ 2. This act shall take effect on the same date and in the same manner as part H of a chapter of the laws of 2019 amending the environmental conservation law, the alcoholic beverage control law and the state finance law relating to establishing guidelines for bag waste reduction, as proposed in legislative bill numbers S.1508-C and A.2008-C, takes effect.
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.