Senate Bill S5067

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5067

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- 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 and the state finance law, in relation to
  imposing a surcharge on plastic 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The tax law is amended by adding a new section 1113 to read
as follows:
  S 1113. IMPOSITION OF SURCHARGE; PLASTIC SHOPPING BAGS. (A)  THERE  IS
HEREBY  IMPOSED  AND  THERE SHALL BE PAID A SURCHARGE OF FIVE CENTS UPON
PLASTIC SHOPPING BAGS USED TO TRANSPORT EVERY SALE OF TANGIBLE  PERSONAL
PROPERTY BY CONSUMERS.
  (B)(1)  THE  SURCHARGE  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 SURCHARGE AS A CHARGE TO THE CUSTOMER DURING HIS OR HER
CHECKOUT.
  (2) SUCH SURCHARGE  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 SURCHARGE IMPOSED PURSUANT
TO SUBDIVISION (A) OF THIS SECTION:
  (1) PLASTIC BAGS CONTAINING FRESH MEAT, FISH OR POULTRY;
  (2) PLASTIC BAGS CONTAINING  NON-PACKED  FRUIT,  NUTS  OR  VEGETABLES,
CONFECTIONERY, DAIRY PRODUCTS, COOKED FOOD OR ICE;
  (3)  PLASTIC  BAGS  USED  TO  STORE PRODUCTS SOLD ON BOARD AIRCRAFT OR
SHIPS;
  (4)  REUSABLE  BAGS  SOLD  TO  CUSTOMERS  FOR  A  SUM  NOT  LESS  THAN
SEVENTY-FIVE CENTS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11526-02-9

              

S. 5067                             2

  (5)  ANY  PLASTIC  BAG BROUGHT TO THE STORE BY THE CUSTOMER TO BE USED
DURING THE SALE OF TANGIBLE PERSONAL PROPERTY.
  (D) IF ANY OTHER ITEM IS PLACED IN A PLASTIC BAG EXEMPT BY SUBDIVISION
(C)  OF  THIS  SECTION, SUCH CUSTOMER SHALL BE CHARGED THE FIVE CENT TAX
DURING HIS OR HER CHECKOUT.
  (E) PLASTIC 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) THE PROCEEDS COLLECTED PURSUANT TO THIS SECTION SHALL BE DEPOSITED
INTO THE GENERAL FUND; PROVIDED, HOWEVER, THAT  THE  FIRST  SEVENTY-FIVE
MILLION OF THE SURCHARGE COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE
DEPOSITED  INTO  THE  ENVIRONMENTAL  PROTECTION FUND PURSUANT TO SECTION
NINETY-TWO-S OF THE STATE FINANCE LAW.
  S 2. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
amended  by  section  2  of part T of chapter 59 of the laws of 2009, is
amended to read as follows:
  3. Such fund shall consist of the amount of revenue  collected  within
the  state  from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
amount  of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands  law
and  the  money  received  as annual service charges pursuant to section
four hundred four-l of the vehicle and traffic law, all moneys  required
to  be  deposited  therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of  the  laws  of
nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
pursuant to section thirteen of chapter six hundred ten of the  laws  of
nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to  be
deposited from the Northville settlement pursuant to section one hundred
twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
hundred ninety-six, provided however, that such  moneys  shall  only  be
used  for  the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent  order  with  the
Northville  industries  signed  on  October thirteenth, nineteen hundred
ninety-four and the related resource restoration and  replacement  plan,
the  amount  of  penalties  required  to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental  conser-
vation  law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, as added by  [a]  chapter
FIFTY-NINE of the laws of two thousand nine, PROCEEDS FROM THE SURCHARGE
COLLECTED  PURSUANT  TO SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE
TAX LAW, all moneys collected pursuant to title thirty-three of  article
fifteen  of  the environmental conservation law, as added by [a] chapter
FIFTY-NINE of the laws of two thousand nine and all other moneys credit-
ed or transferred thereto from any other fund or source pursuant to law.
All such revenue shall be initially  deposited  into  the  environmental
protection fund, for application as provided in subdivision five of this
section.
  S 3. This act shall take effect the first of September next succeeding
the date on which it shall have become a law.