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S3288Senate2019-2020 SessionSame asA5037

Let Cities Tax Carryout Bags

Official title

“Authorizes localities to adopt local laws, ordinances or resolutions imposing a tax on carryout bags”

Sponsor Liz KruegerSD-28+3 co-sponsorsAffects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill allows New York localities to impose taxes on carryout bags provided by stores, including setting definitions and exemptions.

Why it matters

  1. Empowers local governments. to decide whether or not to impose taxes on carryout bags, giving counties (outside NYC) and smaller cities new authority to address single-use bag waste in ways that suit their specific needs.

  2. Requires local definitions and exemptions. , meaning each locality must clearly define what counts as a "carryout bag" and which types of stores are "covered," as well as specify any bags or situations exempt from the tax (e.g., for health or food safety reasons).

  3. Could influence consumer and retailer behavior. by making single-use bags more expensive, potentially reducing plastic waste and encouraging the use of reusable bags, while also generating new local revenue streams.

  4. Reflects a shift toward local control. over environmental policy, allowing communities to tailor bag regulations and taxes instead of relying solely on state-level mandates.

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Who cares

Headline styles

Let Cities Tax Carryout Bags

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Liz Krueger

Senator · Senate District 28

Chair, Finance

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5037Assembly

Let Towns Tax Shopping Bags

In Assembly Committee · Ways And Means · Sponsor Nily Rozic

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3288

2019-2020 Regular Sessions

IN SENATE

February 5, 2019

Introduced by Sens. KRUEGER, HOYLMAN, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations

AN ACT to amend the tax law, in relation to authorizing localities to adopt local laws, ordinances or resolutions imposing a tax on carryout bags

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 1201 of the tax law is amended by adding a new subdivision (n) to read as follows:

(n) (i) Taxes on the provision of carryout bags by covered stores.

(ii) Local laws imposing taxes authorized by this subdivision shall provide definitions for "carryout bag" and "covered store" as well as specified exemptions therein in addition to other provisions necessary to implement taxes authorized by this subdivision.

§ 2. Subdivision (a) of section 1202 of the tax law, as added by chapter 93 of the laws of 1965, is amended to read as follows:

(a) Notwithstanding any other provision of law to the contrary, any county in this state, except a county wholly within a city, is hereby authorized and empowered, subject to the limitations and exemptions in part II of this article, to adopt and amend local laws, ordinances or resolutions imposing in any such county any of the types of taxes authorized under subdivisions (c), (d) [and], (e) and (n) of section twelve hundred one of this subpart, at the rates provided for therein, such taxes to be administered and collected in the manner provided for in subpart A of part III of this article.

§ 3. Subdivision a of section 1203 of the tax law, as amended by chapter 629 of the laws of 1973, is amended to read as follows:

a. Notwithstanding any other provision of law to the contrary, any city in this state with a population of less than one million is hereby authorized and empowered, subject to the limitations and exemptions in

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

[ ] is old law to be omitted.

LBD06689-01-9

S. 3288 2

part II of this article, to adopt and amend local laws, ordinances or resolutions imposing in such city any of the taxes authorized under subdivisions (c), (d) [and], (e) and (n) of section twelve hundred one of this subpart, at the rates provided for therein, such taxes to be administered and collected in the manner provided for in subpart A of part III of this article.

§ 4. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the tax law, in relation to authorizing localities to adopt local laws, ordinances or resolutions imposing a tax on carryout bags

Purpose

To encourage reduction of plastic waste and pollution by allowing local- ities to collect revenue from fees imposed on carryout bags.

Summary of provisions

Section 1 amends section 1201 of the tax law to allow taxes on the provision of carryout bags by covered stores in cities of one million or more, and requires local laws imposing such taxes to provide definitions for "carryout bag" and "covered store."

Section 2 amends section 1202 of the tax law to allow taxes on the provision of carryout bags by covered stores in counties not wholly within a city, and requires local laws imposing such taxes to provide definitions for "carryout bag" and "covered store."

Section 1 amends section 1201 of the tax law to allow taxes on the provision of carryout bags by covered stores in cities under one million, and requires local laws imposing such taxes to provide defi- nitions for "carryout bag" and "covered store."

Justification

Every year, New Yorkers use more than 20 billion plastic carryout bags, the majority of which are sent to landfills. However, many bags do not make it that far, instead getting stuck in trees, clogging storm drains, getting caught in recycling equipment, and becoming part of the growing islands of plastic pollution poisoning our oceans and our food supply. According to an estimate by the World Economic Forum, "without signif- icant action, there may be more plastic than fish in the ocean, by weight, by 2050."

In 2017, the Legislature and the Governor took the unprecedented step of overturning New York City's landmark "Bring Your Own Bag" law, which would have placed a 5-cent fee on plastic and paper carryout bags. Among the criticisms leveled against the City's law at the time was that revenue from fees levied on plastic carryout bags would be retained by the store rather than being collected by the government and allocated to an environmental fund or other uses beneficial to the public. However, under current state law, municipalities are not permitted to collect such fees as taxes.

Twenty municipalities in New York State have enacted some combination of bans and/or fees for carryout bags, including Suffolk County, Long Beach, Mamaroneck, New Paltz, Hastings-on-Hudson, and New York City (later overturned by the Legislature). Many more local rules or laws are in discussion or pending. More than 1.6 million New Yorkers live in areas covered by a patchwork of bans and fees. Among other challenges associated with the lack of statewide action on the issue of plastic bag pollution, these municipalities are unable to use the funds collected through carryout bag fees for any environmental or other beneficial purpose.

In 2017, Governor Andrew Cuomo announced the creation of a New York State Plastic Bag Task Force, saying "the costly and negative impact of plastic bags on New York's natural resources is a statewide issue that demands a statewide solution." However, the Legislature has yet to act on a statewide solution.

It is incumbent on the Legislature to repair the damage it inflicted in overturning New York City's local law. In the absence of passing a comprehensive statewide solution, the Legislature should, at the very least, give localities that choose to take responsible action on their own the ability to collect and allocate revenue from fees as they see fit.

Legislative history

New Bill

Fiscal implications

Undetermined.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.