NY State Senate Bill 2013-S5927

Senate Bill S5927

2013-2014 Legislative Session

Requires the collection and deposit of a five cent charge for each plastic bag provided by a retailer to its customers and a five cent charge on each piece of plastic film shipped to the state; repealer

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2014	print number 5927a
Jan 24, 2014	amend and recommit to environmental conservation
Jan 08, 2014	referred to environmental conservation
Aug 21, 2013	referred to rules

Bill Amendments

Original

A (Active)

2013-S5927 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2701 & 27-2705, rpld §27-2713, add §§27-2713, 27-2715 & 27-2717, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S3098

2013-S5927 - Summary

Expands the provisions of the New York state plastic bag reduction, reuse and recycling law to require the collection and deposit of a five cent charge for each plastic bag provided by a retailer to its customers and a five cent charge on each piece of plastic film shipped to the state.

2013-S5927 - Sponsor Memo

                                BILL NUMBER:S5927

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to expanding the provisions of the New York state plastic bag
reduction, reuse and recycling law to require the collection and
deposit of a five cent charge for each plastic bag provided by a
retailer to its customers and a five cent charge on each piece of
plastic film shipped to the state and to repeal certain provisions of
such law relating thereto

PURPOSE:  This will expand the plastic bag recycling program and
decrease the use of single use bags by retailers and shoppers by
imposing a five cent per bag charge for each single use bag used to
carry merchandise.

SUMMARY OF PROVISIONS:

Section 1. Paragraphs 4,5, and 6 of section 27-2701 of the
environmental conservation law are amended and two new subdivisions 7
and 8 are added.

Paragraph 4. Amends the definition of plastic carryout bag to specify
that it means a 'single use' plastic carryout bag which is 2.25 mm
thick or less, has handles, is intended for the purpose of carrying
purchased items and is provided to a customer at the point of sale.
This amended definition does not include sandwich bags or handless

produce bags.

Paragraph 5. Amends the definition of durable reusable bag to have the
specifications include that the bag must be more than 2.25 mm thick,
carry a minimum of 20 pounds a minimum of one half mile for at least
50 walking trips. Reusable bags for containing food items may not
contain toxic materials or other potential food contaminants.

Paragraph 6. Amends the size of the store that must comply with these
plastic bag requirements. The store size will be reduced from ten to
five thousand square feet of retail space, or stores with a similar
business with five or more locations and common ownership and
management that are more than three thousand square feet of retail
space. This paragraph continues by exempting restaurants and
businesses which offer primarily prepared foods.

Paragraph 7. Creates a new paragraph to define plastic film for dry
cleaning, shrink wrap for protection when shipping or bags to contain
or cover other non-food items.

Paragraph 8. Creates a new paragraph 8 to define 'deposit initiator'
for each plastic bag or plastic film for which a charge is established
by a retailer who provides plastic bags to its customers and any
corporation that ships items to the state in plastic film under
section 27-2713 of this article

Section 2. Amends paragraphs 2 and 3 of section 27-2705 which requires
a store operator to provide an at store recycling program.  Paragraph
2 is amended to include all stores in the plastic bin recycling
program.


Paragraph 3 is amended to require stores to accept clean plastic film
in the recycling bins.

Section 3. Repeals section 27-2713 of the Environmental Conservation
Law which preempts local laws pertaining to bag recycling and creates
three new sections detailing the bag deposit process.  The new section
27-2713 paragraph 1 requires a five cent per bag charge be imposed by
retailers providing single use carry out bags to its customers.
Compostable, biodegradable bags are exempt from this charge.

Paragraph 2 of the new 27-2713 will create a charge of five cents per
piece of plastic film used to ship items to the state. This charge
will be imposed by the entity shipping items to the state and shall
appear as a separate charge on the shipping invoice.

Paragraph 3 of the new 27-2713 shall specify how the five cent charge
shall be allocated. Two cents will be retained by the retailer and the
remaining three cents shall be deposited in a plastic bag and film
account. One of the three cents will be used to maintain state parks
and the remaining two cents shall be used to expand the recycling
program through public education and for the support of retailers in
obtaining bins and or signage for the program.

Section 4. Effective date.

JUSTIFICATION:  Plastic bags are made from petroleum which is harmful
to the environment and can have a lifespan of 1000 years.

According to the Department of Natural Resources in Wisconsin,
Americans use 100 billion plastic bags every year. The Environmental
Protection Agency reports only 5.2 percent of all plastic bags used
are currently being recycled, meaning the rest find their way to
landfills, streets, our oceans and waterways. With such a small
percentage being recycled, it is obvious that most people are not
utilizing this program.

While the efforts of the New York State Legislature have increased
awareness of the problem, the current plastic bag recycling program
doesn't go far enough to address this pollution problem. This bill
will incentivize the use of reusable shopping bags and the five cent
per bag charge will provide a funding stream to increase awareness and
assist retailers in providing the proper recycling receptacles to
consumers.

The most environmentally friendly option is the reusable bag because
they can be washed and reused countless times. Hopefully, this five
cent fee will encourage more individuals to begin using reusable bags
or, at a minimum, make sure that their one time use bags are returned
to the recycling bins available at retail establishments throughout
the state.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on April 1, 2014.

2013-S5927 - Bill Text download pdf

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

                                  5927

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             August 21, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  expanding  the provisions of the New York state plastic bag reduction,
  reuse and recycling law to require the collection  and  deposit  of  a
  five  cent  charge  for each plastic bag provided by a retailer to its
  customers and a five cent charge on each piece of plastic film shipped
  to the state and to repeal certain provisions  of  such  law  relating
  thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs 4, 5 and 6 of section 27-2701  of  the  environ-
mental  conservation  law,  as added by chapter 641 of the laws of 2008,
are amended and two new subdivisions 7  and  8  are  added  to  read  as
follows:
  4.  (A) "Plastic carryout bag" means a SINGLE-USE plastic carryout bag
WHICH IS 2.25 MM THICK OR LESS, HAS HANDLES, IS INTENDED FOR THE PURPOSE
OF CARRYING PURCHASED ITEMS AND IS provided by a store to a customer  at
the point of sale.
  (B)  PLASTIC  BAGS INTENDED TO DIRECTLY CONTAIN FOOD (SUCH AS SANDWICH
BAGS, HANDLE-LESS PRODUCE BAGS) ARE NOT SINGLE-USE CARRYOUT BAGS.
  5. (A) "Reusable bag" means:
  [(a)] (1) a bag made of cloth or other machine  washable  fabric  that
has handles; or
  [(b)]  (2)  a  durable  plastic  bag with handles that is specifically
designed and manufactured for multiple reuse; SUCH  BAG  SHALL  BE  OVER
2.25  MM  THICK  AND  BE  INTENDED TO CARRY A MINIMUM OF TWENTY POUNDS A
MINIMUM OF FIFTY WALKING TRIPS OF A MINIMUM OF ONE HALF MILE.
  (B) REUSABLE BAGS MUST MEET SAFETY STANDARDS FOR CONTAINING FOOD ITEMS
AND MAY NOT CONTAIN TOXIC METALS OR OTHER POTENTIAL FOOD CONTAMINANTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11132-01-3

S. 5927                             2

  6. "Store" means a retail establishment that provides plastic carryout
bags to its customers as a result of the sale of a product and  (a)  has
over [ten] FIVE thousand square feet of retail space, or (b) such retail
establishment  is  part  of a chain engaged in the same general field of
business which operates five or more units of over [five] THREE thousand
square  feet  of  retail  space in this state under common ownership and
management.  RESTAURANTS AND BUSINESSES WHICH OFFER SOLELY OR  PRIMARILY
PREPARED FOODS ARE NOT SUBJECT TO THIS LAW.
  7.  "PLASTIC FILM" MEANS THE DISPOSABLE PLASTIC MATERIAL USED TO COVER
DRY-CLEANING, USED AS SHRINK-WRAP FOR PROTECTION OR  SHIPPING  PURPOSES,
OR TO BAGS TO CONTAIN OR COVER OTHER NON-FOOD ITEMS.
  8. A "DEPOSIT INITIATOR" FOR EACH PLASTIC BAG OR PIECE OF PLASTIC FILM
FOR  WHICH A CHARGE IS ESTABLISHED UNDER SECTION 27-2713 OF THIS ARTICLE
MEANS:
  A. A RETAILER WHO PROVIDES SUCH PLASTIC BAGS TO ITS CUSTOMERS; AND
  B. ANY CORPORATION OR ENTITY WHICH SHIPS ITEMS TO THE STATE IN PLASTIC
FILM.
  S 2. Paragraphs 2 and  3  of  section  27-2705  of  the  environmental
conservation  law,  as  added  by  chapter  641 of the laws of 2008, are
amended to read as follows:
  2. a plastic carryout bag  collection  bin  that  is  visible,  easily
accessible  to  the consumer, and clearly marked that the collection bin
is available for the purpose of collecting and recycling plastic  carry-
out bags[. This subdivision shall apply to stores not within an enclosed
shopping  mall  and stores of at least fifty thousand square feet within
an enclosed shopping mall. In the case of an enclosed shopping mall, the
owner of the enclosed mall shall  place  bins  at  reasonable  intervals
throughout the enclosed mall area];
  3.  all  plastic carryout bags collected by the store to be collected,
transported and recycled along with any other in-store  plastic  recycl-
ing,  except  for plastic bags that are not sufficiently free of foreign
material to enter the recycling stream. Plastic carryout bags  collected
by  the  store  or the manufacturer, which are free of foreign material,
shall not be disposed of in any solid waste disposal facility  permitted
or  authorized  pursuant to title seven of this article. THE STORE SHALL
ALSO ACCEPT CLEAN PLASTIC FILM IN THE RECYCLING BINS;
  S 3. Section 27-2713 of the environmental conservation law is REPEALED
and three new sections 27-2713, 27-2715 and 27-2717 are added to read as
follows:
S 27-2713. CHARGES AND DEPOSITS.
  1. A CHARGE OF FIVE CENTS PER BAG SHALL BE IMPOSED  BY  EACH  RETAILER
PROVIDING  SINGLE-USE  CARRYOUT  BAGS  MADE  OF  PAPER OR PLASTIC TO ITS
CUSTOMERS.  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.  COMPOSTABLE, BIODEGRADABLE BAGS
ARE EXEMPT FROM THIS CHARGE.
  2. A CHARGE OF FIVE CENTS PER PIECE OF PLASTIC  FILM  PROVIDED  IN  OR
BEING  SHIPPED TO NEW YORK STATE SHALL BE IMPOSED BY EACH CORPORATION OR
OTHER ENTITY SHIPPING ITEMS TO THE STATE IN PLASTIC  FILM.  THIS  CHARGE
SHALL APPEAR AS A SEPARATE CHARGE ON THE SHIPPING BILL.
  3. THE FIVE CENT CHARGE SHALL BE DIVIDED AS FOLLOWS:
  (A)  THE RETAILER DISPERSING THE PLASTIC BAG SHALL RETAIN TWO CENTS OF
EACH CHARGE;
  (B) THREE CENTS SHALL BE DEPOSITED IN A PLASTIC BAG  AND  FILM  CHARGE
ACCOUNT  AS  PROVIDED  IN  SECTION  27-2715  OF  THIS TITLE AND SHALL BE
UTILIZED AS FOLLOWS:

S. 5927                             3

  (1) ONE CENT OF EACH CHARGE SHALL BE DESIGNATED  FOR  THE  PURPOSE  OF
MAINTAINING THE STATE PARKS; AND
  (2)  TWO  CENTS  OF EACH CHARGE SHALL BE DESIGNATED FOR THE PURPOSE OF
SUPPORTING AN EXPANSION OF THE RECYCLING PROGRAM THROUGH  PUBLIC  EDUCA-
TION AND SUPPORT OF RETAILERS IN OBTAINING BINS AND/OR SIGNAGE NEEDED AT
THE DISCRETION OF THE DEPARTMENT.
S 27-2715. DEPOSIT AND DISPOSITION OF CHARGES; REGISTRATION; REPORTS.
  1.  EACH  DEPOSIT  INITIATOR  SHALL  DEPOSIT IN A PLASTIC BAG AND FILM
CHARGE ACCOUNT AN AMOUNT EQUAL TO THE CHARGE ESTABLISHED  UNDER  SECTION
27-2713 OF THIS TITLE WHICH IS RECEIVED WITH RESPECT TO EACH PLASTIC BAG
PROVIDED  TO  CUSTOMERS OR PIECE OF PLASTIC FILM SHIPPED TO THE STATE BY
SUCH DEPOSIT INITIATOR. SUCH DEPOSIT INITIATOR SHALL HOLD THE AMOUNTS IN
THE PLASTIC BAG AND FILM CHARGE ACCOUNT IN TRUST FOR THE STATE. A  PLAS-
TIC  BAG  AND  FILM  CHARGE 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 PLASTIC BAG AND FILM CHARGE ACCOUNT SHALL BE  MADE
NOT  LESS  FREQUENTLY THAN EVERY FIVE BUSINESS DAYS. ALL INTEREST, DIVI-
DENDS AND RETURNS EARNED ON THE PLASTIC  BAG  AND  FILM  CHARGE  ACCOUNT
SHALL  BE  PAID  DIRECTLY INTO SAID ACCOUNT. THE MONIES IN SUCH ACCOUNTS
SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER MONIES IN THE POSSESSION
OF THE DEPOSIT INITIATOR. THE COMMISSIONER OF TAXATION AND  FINANCE  MAY
SPECIFY  A  SYSTEM OF ACCOUNTS AND RECORDS TO BE MAINTAINED WITH RESPECT
TO ACCOUNTS ESTABLISHED UNDER THIS SUBDIVISION.
  2. PAYMENTS OF CHARGES ESTABLISHED UNDER SECTION 27-2713 OF THIS TITLE
SHALL BE PAID FROM EACH DEPOSIT INITIATOR'S PLASTIC BAG AND FILM  CHARGE
ACCOUNT.    NO OTHER PAYMENT OR WITHDRAWAL FROM SUCH ACCOUNT MAY BE MADE
EXCEPT AS PRESCRIBED BY THIS SECTION.
  3. EACH DEPOSIT  INITIATOR  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 QUAR-
TERLY REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE FILED FOR THE  QUAR-
TERLY PERIODS ENDING ON THE LAST DAY OF MAY, AUGUST, NOVEMBER AND FEBRU-
ARY 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  APPRO-
PRIATE INCLUDING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
  A.  THE  BALANCE  IN  THE  PLASTIC  BAG AND FILM CHARGE ACCOUNT AT THE
BEGINNING OF THE QUARTER FOR WHICH THE REPORT IS PREPARED;
  B. ALL SUCH DEPOSITS CREDITED TO  THE  PLASTIC  BAG  AND  FILM  CHARGE
ACCOUNT AND ALL INTEREST, DIVIDENDS OR RETURNS RECEIVED ON SUCH ACCOUNT,
DURING SUCH QUARTER;
  C. ALL WITHDRAWALS FROM THE PLASTIC BAG AND FILM CHARGE ACCOUNT DURING
SUCH  QUARTER, INCLUDING ALL REIMBURSEMENTS PAID PURSUANT TO SUBDIVISION
TWO OF THIS SECTION,  ALL  SERVICE  CHARGES  ON  THE  ACCOUNT,  AND  ALL
PAYMENTS MADE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION; AND
  D. THE BALANCE IN THE PLASTIC BAG AND FILM CHARGE ACCOUNT AT THE CLOSE
OF SUCH QUARTER.
  4.  A.  QUARTERLY  PAYMENTS.  AN AMOUNT EQUAL TO EIGHTY PERCENT OF THE
BALANCE OUTSTANDING IN THE PLASTIC BAG AND FILM CHARGE  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 THREE 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

S. 5927                             4

QUARTER SHALL BE THE MONIES OF THE DEPOSIT INITIATOR AND  MAY  BE  WITH-
DRAWN  FROM SUCH ACCOUNT BY THE DEPOSIT INITIATOR.  IF THE PROVISIONS OF
THIS SECTION WITH RESPECT TO SUCH ACCOUNT HAVE NOT BEEN  FULLY  COMPLIED
WITH,  EACH  DEPOSIT  INITIATOR  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 ELECTRON-
ICALLY.
  B. PLASTIC BAG AND FILM CHARGE  ACCOUNT  SHORTFALL.  IN  THE  EVENT  A
DEPOSIT  INITIATOR  PAYS  OUT  MORE IN REFUND VALUES THAN IT COLLECTS IN
DEPOSITS OF REFUND VALUES DURING THE COURSE OF  A  QUARTERLY  PERIOD  AS
DESCRIBED  IN  SUBDIVISION  THREE OF THIS SECTION, THE DEPOSIT INITIATOR
MAY APPLY TO THE COMMISSIONER OF TAXATION AND FINANCE FOR  A  REFUND  OF
THE AMOUNT OF SUCH EXCESS PAYMENT OF CHARGES FROM SOURCES OTHER THAN THE
PLASTIC  BAG  AND  FILM CHARGE ACCOUNT, IN THE MANNER AS PROVIDED BY THE
COMMISSIONER OF TAXATION AND FINANCE. A DEPOSIT INITIATOR MUST APPLY FOR
A REFUND NO LATER THAN TWELVE MONTHS AFTER THE DUE DATE FOR  FILING  THE
QUARTERLY  REPORT FOR THE QUARTERLY PERIOD FOR WHICH THE REFUND CLAIM IS
MADE. NO INTEREST SHALL BE PAYABLE FOR ANY REFUND PAID PURSUANT TO  THIS
PARAGRAPH.
  C. FINAL REPORT. A DEPOSIT INITIATOR WHO CEASES TO DO BUSINESS IN THIS
STATE AS A DEPOSIT INITIATOR SHALL FILE A FINAL REPORT AND REMIT PAYMENT
OF  EIGHTY  PERCENT OF ALL AMOUNTS REMAINING IN THE PLASTIC BAG AND FILM
CHARGE ACCOUNT AS OF THE CLOSE OF THE DEPOSIT INITIATOR'S  LAST  DAY  OF
BUSINESS.  THE COMMISSIONER OF TAXATION AND FINANCE MAY REQUIRE THAT THE
PAYMENTS BE MADE ELECTRONICALLY. THE DEPOSIT INITIATOR 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 DEPOSIT INITIATOR CEASES TO DO BUSINESS. IN THE  EVENT  THE
DEPOSIT  INITIATOR  PAYS  OUT  MORE  IN CHARGES THAN IT COLLECTS IN SUCH
FINAL QUARTERLY PERIOD, THE DEPOSIT INITIATOR MAY APPLY TO  THE  COMMIS-
SIONER OF TAXATION AND FINANCE FOR A REFUND OF THE AMOUNT OF SUCH EXCESS
PAYMENT  OF  CHARGES  FROM  SOURCES  OTHER THAN THE PLASTIC BAG AND FILM
CHARGE ACCOUNT, IN THE MANNER AS PROVIDED BY THE COMMISSIONER  OF  TAXA-
TION AND FINANCE.
  5.  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 COMPA-
NIES AS MAY BE DESIGNATED BY THE COMPTROLLER.   SUCH DEPOSITS  SHALL  BE
KEPT  SEPARATE  AND APART FROM ALL OTHER MONEYS IN THE POSSESSION OF THE
COMPTROLLER. THE COMPTROLLER SHALL REQUIRE ADEQUATE  SECURITY  FROM  ALL
SUCH DEPOSITORIES. OF THE TOTAL REVENUE COLLECTED, THE COMPTROLLER SHALL
RETAIN THE AMOUNT DETERMINED BY THE COMMISSIONER OF TAXATION AND FINANCE
TO  BE  NECESSARY  FOR REFUNDS OUT OF WHICH THE COMPTROLLER MUST PAY ANY
REFUNDS TO WHICH A DEPOSIT INITIATOR MAY BE  ENTITLED.  AFTER  RESERVING
THE  AMOUNT  TO  PAY  REFUNDS, THE COMPTROLLER MUST, BY THE TENTH DAY OF
EACH MONTH, DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  6. 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

S. 5927                             5

ADMINISTRATION  AND  ENFORCEMENT  RESPONSIBILITIES   PURSUANT   TO   THE
PROVISIONS OF THIS TITLE.
  7.  A.  ANY  PERSON WHO IS A DEPOSIT INITIATOR UNDER THIS TITLE BEFORE
APRIL FIRST, TWO THOUSAND FOURTEEN, MUST APPLY BY JUNE FIRST, TWO  THOU-
SAND  FOURTEEN TO THE COMMISSIONER OF TAXATION AND FINANCE FOR REGISTRA-
TION AS A DEPOSIT INITIATOR. ANY PERSON WHO BECOMES A DEPOSIT  INITIATOR
ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN SHALL APPLY FOR REGISTRA-
TION  PRIOR TO COLLECTING ANY DEPOSITS AS SUCH A DEPOSIT INITIATOR. SUCH
APPLICATION SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER  OF  TAXA-
TION  AND FINANCE AND SHALL REQUIRE SUCH INFORMATION DEEMED TO BE NECES-
SARY FOR PROPER ADMINISTRATION OF THIS TITLE. THE COMMISSIONER OF  TAXA-
TION  AND FINANCE MAY REQUIRE THAT APPLICATIONS FOR REGISTRATION MUST BE
SUBMITTED ELECTRONICALLY. THE COMMISSIONER OF TAXATION AND FINANCE SHALL
ELECTRONICALLY ISSUE A DEPOSIT INITIATOR REGISTRATION CERTIFICATE  IN  A
FORM  PRESCRIBED  BY  THE  COMMISSIONER  OF  TAXATION AND FINANCE WITHIN
FIFTEEN 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 SUBDI-
VISION 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  TAXA-
TION  AND  FINANCE  SHALL FURNISH TO THE COMMISSIONER A COMPLETE LIST OF
REGISTERED DEPOSIT INITIATORS AND SHALL CONTINUALLY UPDATE SUCH LIST  AS
WARRANTED. THE COMMISSIONER SHALL SHARE ANY INFORMATION WITH THE COMMIS-
SIONER  OF TAXATION AND FINANCE THAT IS NECESSARY FOR THE ADMINISTRATION
OF THIS SUBDIVISION.
  B. THE COMMISSIONER OF TAXATION AND FINANCE SHALL HAVE  THE  AUTHORITY
TO  REVOKE  OR  REFUSE TO RENEW ANY REGISTRATION ISSUED PURSUANT TO THIS
SUBDIVISION WHEN HE OR SHE HAS DETERMINED OR HAS BEEN  INFORMED  BY  THE
COMMISSIONER THAT ANY OF THE PROVISIONS OF THIS TITLE OR RULES AND REGU-
LATIONS PROMULGATED THEREUNDER HAVE BEEN VIOLATED. SUCH VIOLATIONS SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, THE FAILURE TO FILE QUARTERLY REPORTS,
THE FAILURE TO MAKE PAYMENTS PURSUANT TO THIS SUBDIVISION, THE PROVIDING
OF FALSE OR FRAUDULENT INFORMATION TO EITHER THE DEPARTMENT OF  TAXATION
AND  FINANCE  OR THE DEPARTMENT, OR KNOWINGLY AIDING OR ABETTING ANOTHER
PERSON IN VIOLATING ANY OF THE PROVISIONS OF THIS  TITLE.  A  NOTICE  OF
PROPOSED  REVOCATION OR NON-RENEWAL SHALL BE GIVEN TO THE DEPOSIT INITI-
ATOR IN THE MANNER PRESCRIBED FOR A NOTICE OF DEFICIENCY OF TAX AND  ALL
THE  PROVISIONS APPLICABLE TO A NOTICE OF DEFICIENCY UNDER ARTICLE TWEN-
TY-SEVEN OF THE TAX LAW SHALL APPLY TO A NOTICE ISSUED PURSUANT TO  THIS
PARAGRAPH, INSOFAR AS SUCH PROVISIONS CAN BE MADE APPLICABLE TO A NOTICE
AUTHORIZED  BY  THIS PARAGRAPH, WITH SUCH MODIFICATIONS AS MAY BE NECES-
SARY IN ORDER TO ADAPT THE LANGUAGE OF SUCH  PROVISIONS  TO  THE  NOTICE
AUTHORIZED BY THIS PARAGRAPH. ALL SUCH NOTICES ISSUED BY THE COMMISSION-
ER  OF  TAXATION  AND FINANCE PURSUANT TO THIS PARAGRAPH SHALL CONTAIN A
STATEMENT ADVISING THE DEPOSIT INITIATOR THAT THE REVOCATION OR  NON-RE-
NEWAL  OF  REGISTRATION  MAY BE CHALLENGED THROUGH A HEARING PROCESS AND
THE PETITION FOR SUCH A CHALLENGE MUST BE FILED WITH THE COMMISSIONER OF
TAXATION AND FINANCE WITHIN NINETY DAYS AFTER SUCH NOTICE IS  ISSUED.  A
DEPOSIT  INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED OR NOT RENEWED
SHALL CEASE TO DO BUSINESS AS A DEPOSIT INITIATOR IN THIS  STATE,  UNTIL
THIS  TITLE  HAS  BEEN  COMPLIED  WITH  AND  A NEW REGISTRATION HAS BEEN
ISSUED. ANY DEPOSIT INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED MAY
NOT APPLY FOR REGISTRATION FOR TWO YEARS FROM THE DATE  SUCH  REVOCATION
TAKES EFFECT.

S. 5927                             6

  8.  THE  COMMISSIONER  OF TAXATION AND FINANCE MAY REQUIRE THE MAINTE-
NANCE OF SUCH ACCOUNTS, RECORDS OR DOCUMENTS RELATING TO  THE  PROVISION
OF PLASTIC BAGS OR THE SHIPPING OF ITEMS TO THE STATE IN PLASTIC FILM AS
SUCH  COMMISSIONER  MAY  DEEM APPROPRIATE FOR THE ADMINISTRATION OF THIS
SECTION.  SUCH COMMISSIONER MAY MAKE EXAMINATIONS, INCLUDING THE CONDUCT
OF FACILITY INSPECTIONS DURING REGULAR BUSINESS HOURS, WITH  RESPECT  TO
THE  ACCOUNTS, RECORDS OR DOCUMENTS REQUIRED TO BE MAINTAINED UNDER THIS
SUBDIVISION. SUCH ACCOUNTS, RECORDS AND DOCUMENTS SHALL BE PRESERVED FOR
A PERIOD OF THREE YEARS, EXCEPT THAT SUCH COMMISSIONER  MAY  CONSENT  TO
THEIR  DESTRUCTION  WITHIN  THAT PERIOD OR MAY REQUIRE THAT THEY BE KEPT
LONGER. SUCH ACCOUNTS, RECORDS AND DOCUMENTS  MAY  BE  KEPT  WITHIN  THE
MEANING OF THIS SUBDIVISION WHEN REPRODUCED BY ANY PHOTOGRAPHIC, PHOTOS-
TATIC,  MICROFILM,  MICRO-CARD,  MINIATURE PHOTOGRAPHIC OR OTHER PROCESS
WHICH ACTUALLY REPRODUCES THE ORIGINAL ACCOUNTS, RECORDS OR DOCUMENTS.
  9. A. ANY PERSON REQUIRED TO BE REGISTERED  UNDER  THIS  SECTION  WHO,
WITHOUT BEING SO REGISTERED, PROVIDES PLASTIC BAGS TO CUSTOMERS OR SHIPS
ITEMS  TO  THE  STATE  IN PLASTIC FILM, IN ADDITION TO ANY OTHER PENALTY
IMPOSED BY THIS TITLE, SHALL BE SUBJECT TO A PENALTY TO BE  ASSESSED  BY
THE COMMISSIONER OF TAXATION AND FINANCE IN AN AMOUNT NOT TO EXCEED FIVE
HUNDRED DOLLARS FOR THE FIRST DAY ON WHICH SUCH SALES OR OFFERS FOR SALE
ARE  MADE,  PLUS  AN  AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH
SUBSEQUENT DAY ON WHICH SUCH SALES OR OFFERS FOR SALE ARE MADE,  NOT  TO
EXCEED TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE.
  B.  ANY  DEPOSIT  INITIATOR  WHO FAILS TO FILE REPORTS, MAKE QUARTERLY
PAYMENTS OR MAINTAIN ACCOUNTS  OR  RECORDS  PURSUANT  TO  THIS  SECTION,
UNLESS IT IS SHOWN THAT SUCH FAILURE WAS DUE TO REASONABLE CAUSE AND NOT
DUE  TO  NEGLIGENCE OR WILLFUL NEGLECT, IN ADDITION TO ANY OTHER PENALTY
IMPOSED BY THIS TITLE, SHALL BE SUBJECT TO A PENALTY TO BE  ASSESSED  BY
THE  COMMISSIONER  OF TAXATION AND FINANCE OF NOT MORE THAN ONE THOUSAND
DOLLARS FOR EACH QUARTER DURING WHICH  SUCH  FAILURE  OCCURRED,  AND  AN
ADDITIONAL  PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH QUAR-
TER SUCH FAILURE CONTINUES.
  10. THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THE TAX LAW SHALL  APPLY
TO  THE  PROVISIONS OF THIS TITLE FOR WHICH THE COMMISSIONER OF TAXATION
AND  FINANCE  IS  RESPONSIBLE,  INCLUDING  COLLECTION  OF  REFUND  VALUE
AMOUNTS, IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE
LANGUAGE OF SUCH ARTICLE HAD BEEN INCORPORATED IN FULL INTO THIS SECTION
EXCEPT TO THE EXTENT THAT ANY PROVISION OF SUCH ARTICLE IS EITHER INCON-
SISTENT  WITH  A  PROVISION  OF  THIS SECTION OR IS NOT RELEVANT TO THIS
SECTION AS DETERMINED BY  THE  COMMISSIONER  OF  TAXATION  AND  FINANCE.
FURTHERMORE,  FOR PURPOSES OF APPLYING THE PROVISIONS OF ARTICLE TWENTY-
SEVEN OF THE TAX LAW, WHERE THE TERMS "TAX" AND "TAXES" APPEAR  IN  SUCH
ARTICLE,  SUCH  TERMS SHALL BE CONSTRUED TO MEAN "CHARGE" OR "BALANCE IN
THE PLASTIC BAG AND FILM CHARGE ACCOUNT".
  11. IF ANY DEPOSIT INITIATOR FAILS OR REFUSES  TO  FILE  A  REPORT  OR
FURNISH  ANY INFORMATION REQUESTED IN WRITING BY THE DEPARTMENT OF TAXA-
TION AND FINANCE OR THE  DEPARTMENT,  THE  DEPARTMENT  OF  TAXATION  AND
FINANCE  WITH THE ASSISTANCE OF THE DEPARTMENT MAY, FROM ANY INFORMATION
IN ITS POSSESSION, MAKE AN ESTIMATE OF THE DEFICIENCY AND  COLLECT  SUCH
DEFICIENCY FROM SUCH DEPOSIT INITIATOR.
  12.  EACH  DEPOSIT  INITIATOR SHALL PROVIDE A REPORT TO THE DEPARTMENT
DESCRIBING ALL THE TYPES OF PLASTIC BAGS AND PLASTIC FILM  ON  WHICH  IT
INITIATES  CHARGES.    THE  REPORT  SHALL  INCLUDE  SUCH INFORMATION THE
DEPARTMENT MAY REQUIRE. THE DEPARTMENT MAY REQUIRE THAT  SUCH  FORMS  BE
FILED ELECTRONICALLY.
S 27-2717. VIOLATIONS.

S. 5927                             7

  1. ANY PERSON WHO SHALL VIOLATE ANY PROVISION OF THIS SECTION SHALL BE
LIABLE  TO  THE  STATE  OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN
FIVE HUNDRED DOLLARS, AND AN ADDITIONAL CIVIL PENALTY OF NOT  MORE  THAN
FIVE  HUNDRED  DOLLARS  FOR  EACH  DAY  DURING WHICH EACH SUCH VIOLATION
CONTINUES.  ANY  CIVIL  PENALTY  MAY  BE ASSESSED FOLLOWING A HEARING OR
OPPORTUNITY TO BE HEARD.
  2. ANY RETAILER WHO VIOLATES ANY PROVISION  OF  THIS  TITLE  SHALL  BE
LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND  DOLLARS,  AND AN ADDITIONAL CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND DOLLARS FOR EACH DAY DURING WHICH EACH SUCH  VIOLATION  CONTIN-
UES.  ANY  CIVIL PENALTY MAY BE ASSESSED FOLLOWING A HEARING OR OPPORTU-
NITY TO BE HEARD.
  3. (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS,  THE
DEPARTMENT  OF  TAXATION AND FINANCE AND THE ATTORNEY GENERAL ARE HEREBY
AUTHORIZED TO ENFORCE THE  PROVISIONS  OF  THIS  TITLE  AND  ALL  MONIES
COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-S  OF  THE
STATE FINANCE LAW.
  (B)  THE  PROVISIONS OF THIS SECTION MAY ALSO BE ENFORCED BY A COUNTY,
CITY, TOWN OR VILLAGE AND THE LOCAL LEGISLATIVE BODY THEREOF  MAY  ADOPT
LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT WITH THIS TITLE PROVID-
ING FOR THE ENFORCEMENT OF SUCH PROVISIONS.
  4. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
STATE  TO  ENFORCE THE PROVISIONS OF THIS TITLE SHALL BE RETAINED BY THE
STATE. ANY FINES THAT ARE COLLECTED BY A MUNICIPALITY DURING PROCEEDINGS
BY THE MUNICIPALITY TO ENFORCE THE PROVISIONS OF THIS  TITLE  AGAINST  A
RETAILER  LOCATED  IN  THE MUNICIPALITY SHALL BE DIVIDED EQUALLY BETWEEN
THE STATE AND THE MUNICIPALITY.
  5. NOTHING IN THIS TITLE SHALL PROHIBIT A MUNICIPALITY  FROM  IMPOSING
FURTHER  RESTRICTIONS  ON  THE PROVISION OF SINGLE-USE BAGS BY RETAILERS
LOCATED IN THE MUNICIPALITY OR FROM  IMPLEMENTING  FURTHER  MEASURES  TO
EXPAND THE MUNICIPALITY'S PLASTIC BAG RECYCLING PROGRAM.
  S 4. This act shall take effect on April 1, 2014.

2013-S5927A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2701 & 27-2705, rpld §27-2713, add §§27-2713, 27-2715 & 27-2717, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S3098

2013-S5927A (ACTIVE) - Summary

2013-S5927A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5927A

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to expanding the provisions of the New York state plastic bag
reduction, reuse and recycling law to require the collection and
deposit of a five cent charge for each plastic bag provided by a
retailer to its customers and a five cent charge on each piece of
plastic film shipped to the state and to repeal certain provisions of
such law relating thereto

PURPOSE:

This will expand the plastic bag recycling program and decrease the
use of single use bags by retailers and shoppers by imposing a five
cent per bag charge for each single use bag used to carry merchandise.

SUMMARY OF PROVISIONS:

Section 1. Paragraphs 4, 5, and 6 of section 27-2701 of the
environmental conservation law are amended and two new subdivisions 7
and 8 are added.

Paragraph 4. Amends the definition of plastic carryout bag to specify
that it means a 'single use' plastic carryout bag which is 2.25 mm
thick or less, has handles, is intended for the purpose of carrying
purchased items and is provided to a customer at the point of sale.

This amended definition does not include sandwich bags or handless
produce bags.

Paragraph 5. Amends the definition of durable reusable bag to have the
specifications include that the bag must be more than 2.25 mm thick,
carry a minimum of 20 pounds a minimum of one half mile for at least
50 walking trips. Reusable bags for containing food items may not
contain toxic materials or other potential food contaminants.

Paragraph 6. Amends the size of the store that must comply with these
plastic bag requirements. The store size will be reduced from ten to
five thousand square feet of retail space, or stores with a similar
business with five or more locations and common ownership and
management that are more than three thousand square feet of retail
space. This paragraph continues by exempting restaurants and
businesses which offer primarily prepared foods.

Paragraph 7. Creates a new paragraph to define plastic film for dry
cleaning, shrink wrap for protection when shipping or bags to contain
or cover other non-food items.

Paragraph 8. Creates a new paragraph 8 to define 'deposit initiator'
for each plastic bag or plastic film for which a charge is established
by a retailer who provides plastic bags to its customers and any
corporation that ships items to the state in plastic film under
section 27-2713 of this article.

Section 2. Amends paragraphs 2 and 3 of section 27-2705 which requires
a store operator to provide an at store recycling program. Paragraph 2
is amended to include all stores in the plastic bin recycling program.


Paragraph 3 is amended to require stores to accept clean plastic film
in the recycling bins.

Section 3. Repeals section 27-2713 of the Environmental Conservation
Law which preempts local laws pertaining to bag recycling and creates
three new sections detailing the bag deposit process. The new section
27-2713 paragraph 1 requires a five cent per bag charge be imposed by
retailers providing single use carry out bags to its customers.
Compostable, biodegradable bags are exempt from this charge.

Paragraph 2 of the new 27-2713 will create a charge of five cents per
piece of plastic film used to ship items to the state. This charge
will be imposed by the entity shipping items to the state and shall
appear as a separate charge on the shipping invoice.

Paragraph 3 of the new 27-2713 shall specify how the five cent charge
shall be allocated. Two cents will be retained by the retailer and the
remaining three cents shall be deposited in a plastic bag and film
account. One of the three cents will be used to maintain state parks
and the remaining two cents shall be used to expand the recycling
program through public education and for the support of retailers in
obtaining bins and or signage for the program.

Section 4. Effective date.

JUSTIFICATION:

Plastic bags are made from petroleum which is harmful to the
environment and can have a lifespan of 1000 years.

According to the Department of Natural Resources in Wisconsin,
Americans use 100 billion plastic bags every year. The Environmental
Protection Agency reports only 5.2 percent of all plastic bags used
are currently being recycled, meaning the rest find their way to
landfills, streets, our oceans and waterways. With such a small
percentage being recycled, it is obvious that most people are not
utilizing this program.

While the efforts of the New York State Legislature have increased
awareness of the problem, the current plastic bag recycling program
doesn't go far enough to address this pollution problem. This bill
will incentivize the use of reusable shopping bags and the five cent
per bag charge will provide a funding stream to increase awareness and
assist retailers in providing the proper recycling receptacles to
consumers.

The most environmentally friendly option is the reusable bag because
they can be washed and reused countless times. Hopefully, this five
cent fee will encourage more individuals to begin using reusable bags
or, at a minimum, make sure that their one time use bags are returned
to the recycling bins available at retail establishments throughout
the state.

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This act shall take effect on April 1, 2015.

2013-S5927A (ACTIVE) - Bill Text download pdf

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

                                 5927--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             August 21, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee on Environmental Conservation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  expanding the provisions of the New York state plastic bag  reduction,
  reuse  and  recycling  law  to require the collection and deposit of a
  five cent charge for each plastic bag provided by a  retailer  to  its
  customers and a five cent charge on each piece of plastic film shipped
  to  the  state  and  to repeal certain provisions of such law relating
  thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 4, 5 and 6 of section 27-2701 of the environ-
mental conservation law, as added by chapter 641 of the  laws  of  2008,
are  amended  and  two  new  subdivisions  7  and 8 are added to read as
follows:
  4. (A) "Plastic carryout bag" means a SINGLE-USE plastic carryout  bag
WHICH IS 2.25 MM THICK OR LESS, HAS HANDLES, IS INTENDED FOR THE PURPOSE
OF  CARRYING PURCHASED ITEMS AND IS provided by a store to a customer at
the point of sale.
  (B) PLASTIC BAGS INTENDED TO DIRECTLY CONTAIN FOOD (SUCH  AS  SANDWICH
BAGS, HANDLE-LESS PRODUCE BAGS) ARE NOT SINGLE-USE CARRYOUT BAGS.
  5. (A) "Reusable bag" means:
  [(a)]  (1)  a  bag made of cloth or other machine washable fabric that
has handles; or
  [(b)] (2) a durable plastic bag  with  handles  that  is  specifically
designed  and  manufactured  for  multiple reuse; SUCH BAG SHALL BE OVER
2.25 MM THICK AND BE INTENDED TO CARRY A  MINIMUM  OF  TWENTY  POUNDS  A
MINIMUM OF FIFTY WALKING TRIPS OF A MINIMUM OF ONE HALF MILE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11132-02-4

S. 5927--A                          2

  (B) REUSABLE BAGS MUST MEET SAFETY STANDARDS FOR CONTAINING FOOD ITEMS
AND MAY NOT CONTAIN TOXIC METALS OR OTHER POTENTIAL FOOD CONTAMINANTS.
  6. "Store" means a retail establishment that provides plastic carryout
bags  to  its customers as a result of the sale of a product and (a) has
over [ten] FIVE thousand square feet of retail space, or (b) such retail
establishment is part of a chain engaged in the same  general  field  of
business which operates five or more units of over [five] THREE thousand
square  feet  of  retail  space in this state under common ownership and
management.  RESTAURANTS AND BUSINESSES WHICH OFFER SOLELY OR  PRIMARILY
PREPARED FOODS ARE NOT SUBJECT TO THIS LAW.
  7.  "PLASTIC FILM" MEANS THE DISPOSABLE PLASTIC MATERIAL USED TO COVER
DRY-CLEANING, USED AS SHRINK-WRAP FOR PROTECTION OR  SHIPPING  PURPOSES,
OR TO BAGS TO CONTAIN OR COVER OTHER NON-FOOD ITEMS.
  8. A "DEPOSIT INITIATOR" FOR EACH PLASTIC BAG OR PIECE OF PLASTIC FILM
FOR  WHICH A CHARGE IS ESTABLISHED UNDER SECTION 27-2713 OF THIS ARTICLE
MEANS:
  (A) A RETAILER WHO PROVIDES SUCH PLASTIC BAGS TO ITS CUSTOMERS; AND
  (B) ANY CORPORATION OR ENTITY WHICH SHIPS ITEMS TO THE STATE IN  PLAS-
TIC FILM.
  S  2.  Subdivisions  2  and  3 of section 27-2705 of the environmental
conservation law, as added by chapter 641  of  the  laws  of  2008,  are
amended to read as follows:
  2.  a  plastic  carryout  bag  collection  bin that is visible, easily
accessible to the consumer, and clearly marked that the  collection  bin
is  available for the purpose of collecting and recycling plastic carry-
out bags[. This subdivision shall apply to stores not within an enclosed
shopping mall and stores of at least fifty thousand square  feet  within
an enclosed shopping mall. In the case of an enclosed shopping mall, the
owner  of  the  enclosed  mall  shall place bins at reasonable intervals
throughout the enclosed mall area];
  3. all plastic carryout bags collected by the store to  be  collected,
transported  and  recycled along with any other in-store plastic recycl-
ing, except for plastic bags that are not sufficiently free  of  foreign
material  to enter the recycling stream. Plastic carryout bags collected
by the store or the manufacturer, which are free  of  foreign  material,
shall  not be disposed of in any solid waste disposal facility permitted
or authorized pursuant to title seven of this article. THE  STORE  SHALL
ALSO ACCEPT CLEAN PLASTIC FILM IN THE RECYCLING BINS;
  S 3. Section 27-2713 of the environmental conservation law is REPEALED
and three new sections 27-2713, 27-2715 and 27-2717 are added to read as
follows:
S 27-2713. CHARGES AND DEPOSITS.
  1.  A  CHARGE  OF FIVE CENTS PER BAG SHALL BE IMPOSED BY EACH RETAILER
PROVIDING SINGLE-USE CARRYOUT BAGS MADE  OF  PAPER  OR  PLASTIC  TO  ITS
CUSTOMERS.    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.   COMPOSTABLE, BIODEGRADABLE  BAGS
ARE EXEMPT FROM THIS CHARGE.
  2.  A  CHARGE  OF  FIVE CENTS PER PIECE OF PLASTIC FILM PROVIDED IN OR
BEING SHIPPED TO NEW YORK STATE SHALL BE IMPOSED BY EACH CORPORATION  OR
OTHER  ENTITY  SHIPPING  ITEMS TO THE STATE IN PLASTIC FILM. THIS CHARGE
SHALL APPEAR AS A SEPARATE CHARGE ON THE SHIPPING BILL.
  3. THE FIVE CENT CHARGE SHALL BE DIVIDED AS FOLLOWS:
  (A) THE RETAILER DISPERSING THE PLASTIC BAG SHALL RETAIN TWO CENTS  OF
EACH CHARGE;

S. 5927--A                          3

  (B)  THREE  CENTS  SHALL BE DEPOSITED IN A PLASTIC BAG AND FILM CHARGE
ACCOUNT AS PROVIDED IN SECTION  27-2715  OF  THIS  TITLE  AND  SHALL  BE
UTILIZED AS FOLLOWS:
  (1)  ONE  CENT  OF  EACH CHARGE SHALL BE DESIGNATED FOR THE PURPOSE OF
MAINTAINING THE STATE PARKS; AND
  (2) TWO CENTS OF EACH CHARGE SHALL BE DESIGNATED FOR  THE  PURPOSE  OF
SUPPORTING  AN  EXPANSION OF THE RECYCLING PROGRAM THROUGH PUBLIC EDUCA-
TION AND SUPPORT OF RETAILERS IN OBTAINING BINS AND/OR SIGNAGE NEEDED AT
THE DISCRETION OF THE DEPARTMENT.
S 27-2715. DEPOSIT AND DISPOSITION OF CHARGES; REGISTRATION; REPORTS.
  1. EACH DEPOSIT INITIATOR SHALL DEPOSIT IN  A  PLASTIC  BAG  AND  FILM
CHARGE  ACCOUNT  AN AMOUNT EQUAL TO THE CHARGE ESTABLISHED UNDER SECTION
27-2713 OF THIS TITLE WHICH IS RECEIVED WITH RESPECT TO EACH PLASTIC BAG
PROVIDED TO CUSTOMERS OR PIECE OF PLASTIC FILM SHIPPED TO THE  STATE  BY
SUCH DEPOSIT INITIATOR. SUCH DEPOSIT INITIATOR SHALL HOLD THE AMOUNTS IN
THE  PLASTIC BAG AND FILM CHARGE ACCOUNT IN TRUST FOR THE STATE. A PLAS-
TIC BAG AND FILM CHARGE 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 PLASTIC BAG AND FILM CHARGE ACCOUNT SHALL BE MADE
NOT LESS FREQUENTLY THAN EVERY FIVE BUSINESS DAYS. ALL  INTEREST,  DIVI-
DENDS  AND  RETURNS  EARNED  ON  THE PLASTIC BAG AND FILM CHARGE ACCOUNT
SHALL BE PAID DIRECTLY INTO SAID ACCOUNT. THE MONIES  IN  SUCH  ACCOUNTS
SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER MONIES IN THE POSSESSION
OF  THE  DEPOSIT INITIATOR. THE COMMISSIONER OF TAXATION AND FINANCE MAY
SPECIFY A SYSTEM OF ACCOUNTS AND RECORDS TO BE MAINTAINED  WITH  RESPECT
TO ACCOUNTS ESTABLISHED UNDER THIS SUBDIVISION.
  2. PAYMENTS OF CHARGES ESTABLISHED UNDER SECTION 27-2713 OF THIS TITLE
SHALL  BE PAID FROM EACH DEPOSIT INITIATOR'S PLASTIC BAG AND FILM CHARGE
ACCOUNT.  NO OTHER PAYMENT OR WITHDRAWAL FROM SUCH ACCOUNT MAY  BE  MADE
EXCEPT AS PRESCRIBED BY THIS SECTION.
  3.  EACH  DEPOSIT  INITIATOR  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  QUAR-
TERLY  REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE FILED FOR THE QUAR-
TERLY PERIODS ENDING ON THE LAST DAY OF MAY, AUGUST, NOVEMBER AND FEBRU-
ARY 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 APPRO-
PRIATE INCLUDING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
  (A) THE BALANCE IN THE PLASTIC BAG AND  FILM  CHARGE  ACCOUNT  AT  THE
BEGINNING OF THE QUARTER FOR WHICH THE REPORT IS PREPARED;
  (B)  ALL  SUCH  DEPOSITS  CREDITED  TO THE PLASTIC BAG AND FILM CHARGE
ACCOUNT AND ALL INTEREST, DIVIDENDS OR RETURNS RECEIVED ON SUCH ACCOUNT,
DURING SUCH QUARTER;
  (C) ALL WITHDRAWALS FROM THE  PLASTIC  BAG  AND  FILM  CHARGE  ACCOUNT
DURING  SUCH  QUARTER,  INCLUDING  ALL  REIMBURSEMENTS  PAID PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, ALL SERVICE CHARGES ON THE ACCOUNT, AND
ALL PAYMENTS MADE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION; AND
  (D) THE BALANCE IN THE PLASTIC BAG AND  FILM  CHARGE  ACCOUNT  AT  THE
CLOSE OF SUCH QUARTER.
  4.  (A)  QUARTERLY  PAYMENTS. AN AMOUNT EQUAL TO EIGHTY PERCENT OF THE
BALANCE OUTSTANDING IN THE PLASTIC BAG AND FILM CHARGE  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 THREE OF THIS

S. 5927--A                          4

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 DEPOSIT INITIATOR AND MAY BE WITH-
DRAWN FROM SUCH ACCOUNT BY THE DEPOSIT INITIATOR.  IF THE PROVISIONS  OF
THIS  SECTION  WITH RESPECT TO SUCH ACCOUNT HAVE NOT BEEN FULLY COMPLIED
WITH, EACH DEPOSIT INITIATOR 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  ELECTRON-
ICALLY.
  (B)  PLASTIC  BAG  AND  FILM  CHARGE ACCOUNT SHORTFALL. IN THE EVENT A
DEPOSIT INITIATOR PAYS OUT MORE IN REFUND VALUES  THAN  IT  COLLECTS  IN
DEPOSITS  OF  REFUND  VALUES  DURING THE COURSE OF A QUARTERLY PERIOD AS
DESCRIBED IN SUBDIVISION THREE OF THIS SECTION,  THE  DEPOSIT  INITIATOR
MAY  APPLY  TO  THE COMMISSIONER OF TAXATION AND FINANCE FOR A REFUND OF
THE AMOUNT OF SUCH EXCESS PAYMENT OF CHARGES FROM SOURCES OTHER THAN THE
PLASTIC BAG AND FILM CHARGE ACCOUNT, IN THE MANNER AS  PROVIDED  BY  THE
COMMISSIONER OF TAXATION AND FINANCE. A DEPOSIT INITIATOR MUST APPLY FOR
A  REFUND  NO LATER THAN TWELVE MONTHS AFTER THE DUE DATE FOR FILING THE
QUARTERLY REPORT FOR THE QUARTERLY PERIOD FOR WHICH THE REFUND CLAIM  IS
MADE.  NO INTEREST SHALL BE PAYABLE FOR ANY REFUND PAID PURSUANT TO THIS
PARAGRAPH.
  (C) FINAL REPORT. A DEPOSIT INITIATOR WHO CEASES  TO  DO  BUSINESS  IN
THIS  STATE  AS  A DEPOSIT INITIATOR SHALL FILE A FINAL REPORT AND REMIT
PAYMENT OF EIGHTY PERCENT OF ALL AMOUNTS REMAINING IN  THE  PLASTIC  BAG
AND  FILM CHARGE ACCOUNT AS OF THE CLOSE OF THE DEPOSIT INITIATOR'S LAST
DAY OF BUSINESS. THE COMMISSIONER OF TAXATION AND  FINANCE  MAY  REQUIRE
THAT  THE  PAYMENTS  BE MADE ELECTRONICALLY. THE DEPOSIT INITIATOR 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 QUARTER-
LY  PERIOD  IN WHICH THE DEPOSIT INITIATOR CEASES TO DO BUSINESS. IN THE
EVENT THE DEPOSIT INITIATOR PAYS OUT MORE IN CHARGES THAN IT COLLECTS IN
SUCH FINAL QUARTERLY PERIOD, THE DEPOSIT  INITIATOR  MAY  APPLY  TO  THE
COMMISSIONER  OF TAXATION AND FINANCE FOR A REFUND OF THE AMOUNT OF SUCH
EXCESS PAYMENT OF CHARGES FROM SOURCES OTHER THAN THE  PLASTIC  BAG  AND
FILM  CHARGE  ACCOUNT,  IN THE MANNER AS PROVIDED BY THE COMMISSIONER OF
TAXATION AND FINANCE.
  5. 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  COMPA-
NIES  AS  MAY  BE DESIGNATED BY THE COMPTROLLER.  SUCH DEPOSITS SHALL BE
KEPT SEPARATE AND APART FROM ALL OTHER MONEYS IN THE POSSESSION  OF  THE
COMPTROLLER.  THE  COMPTROLLER  SHALL REQUIRE ADEQUATE SECURITY FROM ALL
SUCH DEPOSITORIES. OF THE TOTAL REVENUE COLLECTED, THE COMPTROLLER SHALL
RETAIN THE AMOUNT DETERMINED BY THE COMMISSIONER OF TAXATION AND FINANCE
TO BE NECESSARY FOR REFUNDS OUT OF WHICH THE COMPTROLLER  MUST  PAY  ANY
REFUNDS  TO  WHICH  A DEPOSIT INITIATOR MAY BE ENTITLED. AFTER RESERVING
THE AMOUNT TO PAY REFUNDS, THE COMPTROLLER MUST, BY  THE  TENTH  DAY  OF
EACH MONTH, DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  6. 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

S. 5927--A                          5

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.
  7.  (A)  ANY PERSON WHO IS A DEPOSIT INITIATOR UNDER THIS TITLE BEFORE
APRIL FIRST, TWO THOUSAND FIFTEEN, MUST APPLY BY JUNE FIRST,  TWO  THOU-
SAND  FIFTEEN  TO THE COMMISSIONER OF TAXATION AND FINANCE FOR REGISTRA-
TION AS A DEPOSIT INITIATOR. ANY PERSON WHO BECOMES A DEPOSIT  INITIATOR
ON  OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN SHALL APPLY FOR REGISTRA-
TION PRIOR TO COLLECTING ANY DEPOSITS AS SUCH A DEPOSIT INITIATOR.  SUCH
APPLICATION  SHALL  BE IN A FORM PRESCRIBED BY THE COMMISSIONER OF TAXA-
TION AND FINANCE AND SHALL REQUIRE SUCH INFORMATION DEEMED TO BE  NECES-
SARY  FOR PROPER ADMINISTRATION OF THIS TITLE. THE COMMISSIONER OF TAXA-
TION AND FINANCE MAY REQUIRE THAT APPLICATIONS FOR REGISTRATION MUST  BE
SUBMITTED ELECTRONICALLY. THE COMMISSIONER OF TAXATION AND FINANCE SHALL
ELECTRONICALLY  ISSUE  A DEPOSIT INITIATOR REGISTRATION CERTIFICATE IN A
FORM PRESCRIBED BY THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  WITHIN
FIFTEEN  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  SUBDI-
VISION  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 TAXA-
TION AND FINANCE SHALL FURNISH TO THE COMMISSIONER A  COMPLETE  LIST  OF
REGISTERED  DEPOSIT INITIATORS AND SHALL CONTINUALLY UPDATE SUCH LIST AS
WARRANTED. THE COMMISSIONER SHALL SHARE ANY INFORMATION WITH THE COMMIS-
SIONER OF TAXATION AND FINANCE THAT IS NECESSARY FOR THE  ADMINISTRATION
OF THIS SUBDIVISION.
  (B)  THE COMMISSIONER OF TAXATION AND FINANCE SHALL HAVE THE AUTHORITY
TO REVOKE OR REFUSE TO RENEW ANY REGISTRATION ISSUED  PURSUANT  TO  THIS
SUBDIVISION  WHEN  HE  OR SHE HAS DETERMINED OR HAS BEEN INFORMED BY THE
COMMISSIONER THAT ANY OF THE PROVISIONS OF THIS TITLE OR RULES AND REGU-
LATIONS PROMULGATED THEREUNDER HAVE BEEN VIOLATED. SUCH VIOLATIONS SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FAILURE TO FILE  QUARTERLY  REPORTS,
THE FAILURE TO MAKE PAYMENTS PURSUANT TO THIS SUBDIVISION, THE PROVIDING
OF  FALSE OR FRAUDULENT INFORMATION TO EITHER THE DEPARTMENT OF TAXATION
AND FINANCE OR THE DEPARTMENT, OR KNOWINGLY AIDING OR  ABETTING  ANOTHER
PERSON  IN  VIOLATING  ANY  OF THE PROVISIONS OF THIS TITLE. A NOTICE OF
PROPOSED REVOCATION OR NON-RENEWAL SHALL BE GIVEN TO THE DEPOSIT  INITI-
ATOR  IN THE MANNER PRESCRIBED FOR A NOTICE OF DEFICIENCY OF TAX AND ALL
THE PROVISIONS APPLICABLE TO A NOTICE OF DEFICIENCY UNDER ARTICLE  TWEN-
TY-SEVEN  OF THE TAX LAW SHALL APPLY TO A NOTICE ISSUED PURSUANT TO THIS
PARAGRAPH, INSOFAR AS SUCH PROVISIONS CAN BE MADE APPLICABLE TO A NOTICE
AUTHORIZED BY THIS PARAGRAPH, WITH SUCH MODIFICATIONS AS MAY  BE  NECES-
SARY  IN  ORDER  TO  ADAPT THE LANGUAGE OF SUCH PROVISIONS TO THE NOTICE
AUTHORIZED BY THIS PARAGRAPH. ALL SUCH NOTICES ISSUED BY THE COMMISSION-
ER OF TAXATION AND FINANCE PURSUANT TO THIS PARAGRAPH  SHALL  CONTAIN  A
STATEMENT  ADVISING THE DEPOSIT INITIATOR THAT THE REVOCATION OR NON-RE-
NEWAL OF REGISTRATION MAY BE CHALLENGED THROUGH A  HEARING  PROCESS  AND
THE PETITION FOR SUCH A CHALLENGE MUST BE FILED WITH THE COMMISSIONER OF
TAXATION  AND  FINANCE WITHIN NINETY DAYS AFTER SUCH NOTICE IS ISSUED. A
DEPOSIT INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED OR NOT  RENEWED
SHALL  CEASE  TO DO BUSINESS AS A DEPOSIT INITIATOR IN THIS STATE, UNTIL
THIS TITLE HAS BEEN COMPLIED  WITH  AND  A  NEW  REGISTRATION  HAS  BEEN
ISSUED. ANY DEPOSIT INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED MAY

S. 5927--A                          6

NOT  APPLY  FOR REGISTRATION FOR TWO YEARS FROM THE DATE SUCH REVOCATION
TAKES EFFECT.
  8.  THE  COMMISSIONER  OF TAXATION AND FINANCE MAY REQUIRE THE MAINTE-
NANCE OF SUCH ACCOUNTS, RECORDS OR DOCUMENTS RELATING TO  THE  PROVISION
OF PLASTIC BAGS OR THE SHIPPING OF ITEMS TO THE STATE IN PLASTIC FILM AS
SUCH  COMMISSIONER  MAY  DEEM APPROPRIATE FOR THE ADMINISTRATION OF THIS
SECTION. SUCH COMMISSIONER MAY MAKE EXAMINATIONS, INCLUDING THE  CONDUCT
OF  FACILITY  INSPECTIONS DURING REGULAR BUSINESS HOURS, WITH RESPECT TO
THE ACCOUNTS, RECORDS OR DOCUMENTS REQUIRED TO BE MAINTAINED UNDER  THIS
SUBDIVISION. SUCH ACCOUNTS, RECORDS AND DOCUMENTS SHALL BE PRESERVED FOR
A  PERIOD  OF  THREE YEARS, EXCEPT THAT SUCH COMMISSIONER MAY CONSENT TO
THEIR DESTRUCTION WITHIN THAT PERIOD OR MAY REQUIRE THAT  THEY  BE  KEPT
LONGER.  SUCH  ACCOUNTS,  RECORDS  AND  DOCUMENTS MAY BE KEPT WITHIN THE
MEANING OF THIS SUBDIVISION WHEN REPRODUCED BY ANY PHOTOGRAPHIC, PHOTOS-
TATIC, MICROFILM, MICRO-CARD, MINIATURE PHOTOGRAPHIC  OR  OTHER  PROCESS
WHICH ACTUALLY REPRODUCES THE ORIGINAL ACCOUNTS, RECORDS OR DOCUMENTS.
  9.  (A)  ANY  PERSON REQUIRED TO BE REGISTERED UNDER THIS SECTION WHO,
WITHOUT BEING SO REGISTERED, PROVIDES PLASTIC BAGS TO CUSTOMERS OR SHIPS
ITEMS TO THE STATE IN PLASTIC FILM, IN ADDITION  TO  ANY  OTHER  PENALTY
IMPOSED  BY  THIS TITLE, SHALL BE SUBJECT TO A PENALTY TO BE ASSESSED BY
THE COMMISSIONER OF TAXATION AND FINANCE IN AN AMOUNT NOT TO EXCEED FIVE
HUNDRED DOLLARS FOR THE FIRST DAY ON WHICH SUCH SALES OR OFFERS FOR SALE
ARE MADE, PLUS AN AMOUNT NOT TO EXCEED FIVE  HUNDRED  DOLLARS  FOR  EACH
SUBSEQUENT  DAY  ON WHICH SUCH SALES OR OFFERS FOR SALE ARE MADE, NOT TO
EXCEED TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE.
  (B) ANY DEPOSIT INITIATOR WHO FAILS TO FILE  REPORTS,  MAKE  QUARTERLY
PAYMENTS  OR  MAINTAIN  ACCOUNTS  OR  RECORDS  PURSUANT TO THIS SECTION,
UNLESS IT IS SHOWN THAT SUCH FAILURE WAS DUE TO REASONABLE CAUSE AND NOT
DUE TO NEGLIGENCE OR WILLFUL NEGLECT, IN ADDITION TO ANY  OTHER  PENALTY
IMPOSED  BY  THIS TITLE, SHALL BE SUBJECT TO A PENALTY TO BE ASSESSED BY
THE COMMISSIONER OF TAXATION AND FINANCE OF NOT MORE THAN  ONE  THOUSAND
DOLLARS  FOR  EACH  QUARTER  DURING  WHICH SUCH FAILURE OCCURRED, AND AN
ADDITIONAL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH  QUAR-
TER SUCH FAILURE CONTINUES.
  10.  THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THE TAX LAW SHALL APPLY
TO THE PROVISIONS OF THIS TITLE FOR WHICH THE COMMISSIONER  OF  TAXATION
AND  FINANCE  IS  RESPONSIBLE,  INCLUDING  COLLECTION  OF  REFUND  VALUE
AMOUNTS, IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE
LANGUAGE OF SUCH ARTICLE HAD BEEN INCORPORATED IN FULL INTO THIS SECTION
EXCEPT TO THE EXTENT THAT ANY PROVISION OF SUCH ARTICLE IS EITHER INCON-
SISTENT WITH A PROVISION OF THIS SECTION OR  IS  NOT  RELEVANT  TO  THIS
SECTION  AS  DETERMINED  BY  THE  COMMISSIONER  OF TAXATION AND FINANCE.
FURTHERMORE, FOR PURPOSES OF APPLYING THE PROVISIONS OF ARTICLE  TWENTY-
SEVEN  OF  THE TAX LAW, WHERE THE TERMS "TAX" AND "TAXES" APPEAR IN SUCH
ARTICLE, SUCH TERMS SHALL BE CONSTRUED TO MEAN "CHARGE" OR  "BALANCE  IN
THE PLASTIC BAG AND FILM CHARGE ACCOUNT".
  11.  IF  ANY  DEPOSIT  INITIATOR  FAILS OR REFUSES TO FILE A REPORT OR
FURNISH ANY INFORMATION REQUESTED IN WRITING BY THE DEPARTMENT OF  TAXA-
TION  AND  FINANCE  OR  THE  DEPARTMENT,  THE DEPARTMENT OF TAXATION AND
FINANCE WITH THE ASSISTANCE OF THE DEPARTMENT MAY, FROM ANY  INFORMATION
IN  ITS  POSSESSION, MAKE AN ESTIMATE OF THE DEFICIENCY AND COLLECT SUCH
DEFICIENCY FROM SUCH DEPOSIT INITIATOR.
  12. EACH DEPOSIT INITIATOR SHALL PROVIDE A REPORT  TO  THE  DEPARTMENT
DESCRIBING  ALL  THE  TYPES OF PLASTIC BAGS AND PLASTIC FILM ON WHICH IT
INITIATES CHARGES.   THE  REPORT  SHALL  INCLUDE  SUCH  INFORMATION  THE

S. 5927--A                          7

DEPARTMENT  MAY  REQUIRE.  THE DEPARTMENT MAY REQUIRE THAT SUCH FORMS BE
FILED ELECTRONICALLY.
S 27-2717. VIOLATIONS.
  1. ANY PERSON WHO SHALL VIOLATE ANY PROVISION OF THIS SECTION SHALL BE
LIABLE  TO  THE  STATE  OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN
FIVE HUNDRED DOLLARS, AND AN ADDITIONAL CIVIL PENALTY OF NOT  MORE  THAN
FIVE  HUNDRED  DOLLARS  FOR  EACH  DAY  DURING WHICH EACH SUCH VIOLATION
CONTINUES. ANY CIVIL PENALTY MAY BE  ASSESSED  FOLLOWING  A  HEARING  OR
OPPORTUNITY TO BE HEARD.
  2.  ANY  RETAILER  WHO  VIOLATES  ANY PROVISION OF THIS TITLE SHALL BE
LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND DOLLARS, AND AN ADDITIONAL CIVIL PENALTY OF NOT MORE  THAN  ONE
THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH EACH SUCH VIOLATION CONTIN-
UES. ANY CIVIL PENALTY MAY BE ASSESSED FOLLOWING A HEARING  OR  OPPORTU-
NITY TO BE HEARD.
  3.  (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
DEPARTMENT OF TAXATION AND FINANCE AND THE ATTORNEY GENERAL  ARE  HEREBY
AUTHORIZED  TO  ENFORCE  THE  PROVISIONS  OF  THIS  TITLE AND ALL MONIES
COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION  FUND  ESTABLISHED  PURSUANT  TO  SECTION NINETY-TWO-S OF THE
STATE FINANCE LAW.
  (B) THE PROVISIONS OF THIS SECTION MAY ALSO BE ENFORCED BY  A  COUNTY,
CITY,  TOWN  OR VILLAGE AND THE LOCAL LEGISLATIVE BODY THEREOF MAY ADOPT
LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT WITH THIS TITLE PROVID-
ING FOR THE ENFORCEMENT OF SUCH PROVISIONS.
  4. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
STATE TO ENFORCE THE PROVISIONS OF THIS TITLE SHALL BE RETAINED  BY  THE
STATE. ANY FINES THAT ARE COLLECTED BY A MUNICIPALITY DURING PROCEEDINGS
BY  THE  MUNICIPALITY  TO ENFORCE THE PROVISIONS OF THIS TITLE AGAINST A
RETAILER LOCATED IN THE MUNICIPALITY SHALL BE  DIVIDED  EQUALLY  BETWEEN
THE STATE AND THE MUNICIPALITY.
  5.  NOTHING  IN THIS TITLE SHALL PROHIBIT A MUNICIPALITY FROM IMPOSING
FURTHER RESTRICTIONS ON THE PROVISION OF SINGLE-USE  BAGS  BY  RETAILERS
LOCATED  IN  THE  MUNICIPALITY  OR FROM IMPLEMENTING FURTHER MEASURES TO
EXPAND THE MUNICIPALITY'S PLASTIC BAG RECYCLING PROGRAM.
  S 4. This act shall take effect on April 1, 2015.

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