senate Bill S1670

2013-2014 Legislative Session

Creates the Pennies for Parks program providing funds for capital expenditures at state parks and historic sites; imposes fee on single use carryout bags

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

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S1670 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §13.32, Pks & Rec L; add §1105-D, Tax L; add §92-t, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
S6580

S1670 - Bill Texts

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Creates the "Pennies for parks" program providing funds for capital expenditures at state parks and historic sites; imposes fee of five cents on single use carryout bags; establishes the pennies for parks fund to hold funds received by the fee on single use carryout bags.

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BILL NUMBER:S1670

TITLE OF BILL:
An act
to amend the environmental conservation law,
in relation to creating the "Pennies for
Parks" program providing funds for capital expenditures at state parks
and historic sites; to amend the tax law,
in relation to imposing a fee
on single use carryout bags; and
to amend the state finance law, in relation to
establishing the pennies for parks fund

PURPOSE: To create a five cent fee on all carry out
single use bags to
fund the Pennies for Parks program.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 is the
legislative findings
and intent. Section 2 states that the Commissioner is authorized to
utilize funds raised by Pennies fort parks for capital expenditures
at state parks and historic sites, but that 10% could be used for
operational expenditures annually.

Section 3 creates a five cent fee for single use carryout bags,
further defines what a single use carryout bag is. This section also
states that on any sales slip given to a customer it shall state the
number of single use carryout bags provided and the amount of the fee
charged. This section also allows retailers to retain one cent of
each fee for compensation for the program and maintain appropriate
records. Also allows for the Commissioner to retain necessary and
reasonable costs for running this program.

Section 4 creates the
Pennies for parks fund in the joint custody of the Comptroller and
Department of Taxation and Finance and expressly prohibits the
transfer of this money to any other account unless authorized by the
Commissioner of DEC. The section continues to clearly state this
revenue is to be used for capital improvements, and that the
Commissioner can retain up to 10% for operational expenditures
annually.

Section 5 is the effective date.

JUSTIFICATION: With 178 State Parks and more numerous
historic sites,
New York has a wonderful system of recreation and education. However
overtime with such a large number of sites where many are heavily
used, capital improvements must be made to them. However. during
times of economic uncertainty this is often not the case as money is
often needed to ensure they all stay open to the public, and are
staffed appropriately.

Pennies for Parks will allow for significant capital improvements for
these sites from Montauk Point State Park to Niagara Falls State
Park, and all those in between, Almost every New Yorker, and millions


of visitors will enjoy all that our parks and historic sites have to
offer by maintain and improving upon them we will increase the number
of visitors they have and return more money both to the State and all
those businesses that provide ancillary support to the tourism and
parks industry.

Further, by imposing a five cent fee on single use bags there is the
added benefit of protecting our environment by taking these bags out
of the waste stream and encouraging the use of reusable bags.

PRIOR LEGISLATIVE HISTORY: S. 6580 Referred to
Cultural Affairs,
Tourism, Recreation, and Sports Development

FISCAL IMPLICATIONS: Positive to the State

EFFECTIVE DATE: This act shall take effect on the
first day of a quarterly sales tax period.

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

                                  1670

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- read twice and ordered printed,
  and  when  printed  to  be committed to the Committee on Environmental
  Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  creating  the  "Pennies for Parks" program providing funds for capital
  expenditures at state parks and historic sites; to amend the tax  law,
  in  relation  to  imposing  a  fee on single use carryout bags; and to
  amend the state finance law, in relation to establishing  the  pennies
  for parks fund

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

  Section 1. Legislative findings and intent. The legislature finds  and
declares  that  state parks and historic sites enhance the character and
quality of life and enhance the economic vitality of  local  communities
and provide healthy and affordable recreational and educational opportu-
nities to New York state residents and visitors. If allowed to fall into
disrepair,  state  parks  and historic sites may become inaccessible and
uninviting to the public. Once closed or sold, state parks and  historic
sites  are  difficult,  if  not  impossible, to recover or rehabilitate.
Accordingly, state parks and historic sites should be provided necessary
capital funding in a manner which is cognizant of  their  aforementioned
intrinsic values.
  The  legislature  also finds and declares that the single use carryout
bags distributed by New York retailers have a  negative  impact  on  the
environment,  littering  our communities, parks and beaches; filling our
landfills; harming wildlife; and using millions of trees and gallons  of
oil  to produce. An additional economic incentive should be put in place
to encourage the use of reusable bags and reduce the  stream  of  single
use carryout bags.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04015-02-3

S. 1670                             2

  It is hereby declared to be the public policy and in the public inter-
est  of  this  state  to  establish a comprehensive program to provide a
dedicated funding stream for our state parks and historic sites. Such  a
dedicated funding stream should be devoted as supplemental to the exist-
ing budget of the department of environmental conservation.  The funding
stream  should be created by imposing a five cent fee on each single use
carryout bag distributed by retailers in New York, to be  collected  and
used  to  fund  capital  projects  in  state parks. In order to meet the
aforementioned goals and uphold the cultural fabric and integrity of the
system of state parks  and  historic  sites,  the  "Pennies  for  Parks"
program,  a  fee  on single use carryout bags and pennies for parks fund
are established and codified in sections  3-0319  of  the  environmental
conservation  law,  1105-D  of the tax law and 92-t of the state finance
law.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 3-0319 to read as follows:
S 3-0319. PENNIES FOR PARKS.
  THE  COMMISSIONER  IS  AUTHORIZED TO UTILIZE THE MONIES IN THE PENNIES
FOR PARKS FUND, ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-T  OF  THE
STATE  FINANCE LAW, FOR CAPITAL EXPENDITURES AT STATE PARKS AND HISTORIC
SITES, PROVIDED HOWEVER, THAT THE COMMISSIONER MAY MAKE AVAILABLE UP  TO
TEN PERCENT OF THE MONIES IN THE FUND FOR OPERATIONAL EXPENDITURES ANNU-
ALLY.
  S  3. The tax law is amended by adding a new section 1105-D to read as
follows:
  S 1105-D. FEE ON SINGLE USE CARRYOUT BAGS.  (A)  IN  ADDITION  TO  ANY
OTHER  TAX  OR  FEE  IMPOSED  BY THIS ARTICLE OR ANY OTHER LAW, THERE IS
HEREBY IMPOSED AND THERE SHALL BE PAID A FIVE CENT FEE  ON  EACH  SINGLE
USE  CARRYOUT BAG PROVIDED TO A CUSTOMER BY A PERSON REQUIRED TO COLLECT
TAX.
  (B) FOR PURPOSES OF THIS SECTION:
  (1) "SINGLE USE CARRYOUT BAG" MEANS A BAG PROVIDED TO  A  CUSTOMER  AT
THE POINT OF SALE BY A PERSON REQUIRED TO COLLECT TAX AND INTENDED FOR A
SINGLE USE FOR CARRYING TANGIBLE PERSONAL PROPERTY PURCHASED.
  (2) "SINGLE USE CARRYOUT BAG" DOES NOT INCLUDE:
  (A) BAGS USED BY CUSTOMERS INSIDE STORES TO CONTAIN OR WRAP:
  (I) BULK ITEMS SUCH AS FRUIT, VEGETABLES, NUTS, GRAINS, CANDY OR SMALL
HARDWARE ITEMS;
  (II) FROZEN FOODS, MEAT, OR FISH, WHETHER PRE-PACKAGED OR NOT;
  (III)  FLOWERS,  POTTED  PLANTS OR OTHER ITEMS WHERE DAMPNESS MAY BE A
PROBLEM; OR
  (IV) UNWRAPPED PREPARED FOODS, FOOD SLICED TO ORDER OR BAKERY GOODS;
  (B) BAGS PROVIDED BY PHARMACISTS TO CONTAIN PRESCRIPTION DRUGS;
  (C) NEWSPAPER BAGS, DOOR-HANGER BAGS, LAUNDRY  DRY-CLEANING  BAGS,  OR
BAGS  SOLD  IN  PACKAGES  CONTAINING  MULTIPLE  BAGS INTENDED FOR USE AS
GARBAGE, PET WASTE OR YARD WASTE BAGS; OR
  (D) REUSABLE BAGS AS DEFINED IN SECTION 27-2701 OF  THE  ENVIRONMENTAL
CONSERVATION LAW.
  (C)  (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE FEE IMPOSED
BY THIS SECTION WILL BE SIMILAR TO, AND ADMINISTERED AND COLLECTED IN  A
LIKE  MANNER AS THE TAXES IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THIS
ARTICLE. ALL THE PROVISIONS OF THIS ARTICLE,  INCLUDING  THE  DEFINITION
AND  EXEMPTION  PROVISIONS  AND THE PROVISIONS RELATING OR APPLICABLE TO
THE ADMINISTRATION, COLLECTION AND DISPOSITION OF THE TAXES  IMPOSED  BY
THAT  SECTION  WILL  APPLY  TO THE FEE IMPOSED BY THIS SECTION SO FAR AS
THOSE PROVISIONS CAN BE MADE APPLICABLE  TO  THE  FEE  IMPOSED  BY  THIS

S. 1670                             3

SECTION,  WITH  SUCH MODIFICATIONS AS MAY BE NECESSARY IN ORDER TO ADAPT
THE LANGUAGE OF THOSE PROVISIONS TO THE FEE  IMPOSED  BY  THIS  SECTION.
THOSE  PROVISIONS  WILL  APPLY  WITH THE SAME FORCE AND EFFECT AS IF THE
LANGUAGE OF THOSE PROVISIONS HAD BEEN SET FORTH IN FULL IN THIS SECTION,
EXCEPT TO THE EXTENT THAT ANY OF THOSE PROVISIONS IS EITHER INCONSISTENT
WITH  A  PROVISION OF THIS SECTION OR IS NOT RELEVANT TO THE FEE IMPOSED
BY THIS SECTION. FOR PURPOSES OF THIS SECTION,  ANY  REFERENCE  IN  THIS
CHAPTER  TO A TAX OR THE TAXES IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF
THIS ARTICLE WILL BE DEEMED TO ALSO REFER TO THE  FEE  IMPOSED  BY  THIS
SECTION UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED.
  (2)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION, THE EXEMPTIONS PROVIDED FOR IN SECTION ELEVEN HUNDRED  SIXTEEN  OF
THIS  ARTICLE, OTHER THAN EXEMPTIONS IN PARAGRAPHS ONE, TWO AND THREE OF
SUBDIVISION (A) OF SUCH SECTION, SHALL NOT APPLY TO THE FEE  IMPOSED  BY
THIS SECTION.
  (D)  EVERY  PERSON REQUIRED TO COLLECT THE FEE IMPOSED BY THIS SECTION
SHALL COLLECT THE FEE FROM THE CUSTOMER  AT  THE  TIME  THE  SINGLE  USE
CARRYOUT  BAG  IS  PROVIDED.    IF THE CUSTOMER IS GIVEN ANY SALES SLIP,
INVOICE, RECEIPT OR OTHER STATEMENT OR MEMORANDUM OF THE PRICE OR CHARGE
OF THE PURCHASE, IT SHALL STATE THE NUMBER OF SINGLE USE  CARRYOUT  BAGS
PROVIDED  TO  THE  CUSTOMER  AND  THE  AMOUNT OF THE FEE IMPOSED BY THIS
SECTION SHOWN SEPARATELY FROM THE PRICE OR CHARGE, AND  SEPARATELY  FROM
ANY OTHER FEE OR TAX IMPOSED BY THIS ARTICLE OR ANY OTHER LAW.
  (E)  EVERY PERSON REQUIRED TO COLLECT THE FEE IMPOSED BY THIS SECTION,
MAY RETAIN ONE CENT FROM EACH FIVE CENT FEE  COLLECTED  AS  COMPENSATION
FOR  THE  ADMINISTRATION  OF  THIS  PROGRAM,  AND  SHALL KEEP RECORDS TO
PROVIDE A FULL AND ACCURATE ACCOUNTING OF ALL SUCH FUNDS RETAINED PURSU-
ANT TO THIS SUBDIVISION IN THE FORM AND MANNER  PRESCRIBED  BY  THE  TAX
COMMISSION PURSUANT TO RULES AND REGULATIONS.
  (F)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, THE FEES
IMPOSED BY THIS SECTION AND RECEIVED BY THE COMMISSIONER, AFTER  DEDUCT-
ING  THE  AMOUNT  WHICH THE COMMISSIONER SHALL DETERMINE TO BE NECESSARY
FOR REASONABLE COSTS TO ADMINISTER, COLLECT AND  DISTRIBUTE  SUCH  FEES,
SHALL  BE  DEPOSITED BY THE COMMISSIONER INTO THE PENNIES FOR PARKS FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE  STATE  FINANCE  LAW
WITHIN  THIRTY  DAYS  OF  THE  END OF EACH SALES TAX QUARTERLY PERIOD AS
DESCRIBED IN SUBDIVISION (B) OF SECTION  ELEVEN  HUNDRED  THIRTY-SIX  OF
THIS ARTICLE.
  S  4. The state finance law is amended by adding a new section 92-t to
read as follows:
  S 92-T. PENNIES FOR PARKS FUND. 1. THERE IS HEREBY ESTABLISHED IN  THE
JOINT  CUSTODY  OF  THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE A SPECIAL FUND TO BE KNOWN AS THE "PENNIES FOR PARKS FUND".
  2. (A) ALL MONIES RECEIVED BY THE COMPTROLLER OR THE  COMMISSIONER  OF
TAXATION  AND  FINANCE  FOR  THE PURPOSE OF THIS FUND SHALL BE DEPOSITED
HEREIN. NO MONIES MAY BE TRANSFERRED FROM  THIS  ACCOUNT  TO  ANY  OTHER
ACCOUNT  EXCEPT  BY  AUTHORITY  OF THE COMMISSIONER OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION.
  (B) SUCH FUND SHALL CONSIST  OF  THE  REVENUE  COLLECTED  PURSUANT  TO
SECTION  ELEVEN  HUNDRED  FIVE-D  OF  THE TAX LAW AND ANY OTHER REVENUES
COLLECTED BY OR APPROPRIATED TO THE FUND PURSUANT TO ANY OTHER LAW.
  3. MONIES OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
SHALL BE UTILIZED BY THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION  FOR CAPITAL EXPENDITURES AT STATE PARKS AND HISTORIC SITES
PURSUANT TO THE  PROVISIONS  OF  SECTION  3-0319  OF  THE  ENVIRONMENTAL
CONSERVATION  LAW.  THE  COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL

S. 1670                             4

CONSERVATION MAY, AT HIS OR HER DISCRETION, MAKE  AVAILABLE  UP  TO  TEN
PERCENT OF THE MONIES IN THE FUND FOR OPERATIONAL EXPENDITURES ANNUALLY.
  4. ALL PAYMENTS OF MONIES FROM THE FUND SHALL BE MADE ON THE AUDIT AND
WARRANT OF THE COMPTROLLER.
  S  5. This act shall take effect on the first day of a quarterly sales
tax period, as set forth in subdivision (b) of section 1136 of  the  tax
law,  next  succeeding the ninetieth day after it shall have become law,
and  shall  apply  in  accordance  with  the   applicable   transitional
provisions  of  section 1106 of the tax law. Provided, however, that the
commissioner  of  the  department  of  environmental  conservation,   in
conjunction  with  the  commissioner of taxation and finance, shall take
any action necessary for the timely implementation of  this  act  on  or
before the date on which it shall have become a law.

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