The New York State Senate

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

                                  9904

                          I N  A S S E M B L Y

                             April 26, 2016
                               ___________

Introduced  by  M. of A. CUSICK, WEPRIN -- read once and referred to the
  Committee on Cities

AN ACT to amend the general city law, in  relation  to  prohibiting  the
  imposition  of  any  tax, fee or local charge on carry out merchandise
  bags

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

  Section  1.  The  general  city law is amended by adding a new section
13-d to read as follows:
  S 13-D. PROHIBITION ON THE IMPOSITION OF ANY TAX, FEE OR LOCAL  CHARGE
ON  CARRY  OUT  MERCHANDISE BAGS.   1. DEFINITIONS. FOR PURPOSES OF THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "CARRY OUT MERCHANDISE BAG" SHALL MEAN ANY PLASTIC, PAPER OR  OTHER
BAG  OR CARRYING CONTAINER, PROVIDED BY A RETAIL STORE, TO A CUSTOMER OF
THAT STORE, FOR THE PURPOSE OF CARRYING AND/OR TRANSPORTING  MERCHANDISE
LAWFULLY  OBTAINED  AT  SUCH  STORE.  A  CARRYOUT  MERCHANDISE BAG SHALL
INCLUDE ANY PLASTIC CARRYOUT BAG  AS  DEFINED  BY  SUBDIVISION  FOUR  OF
SECTION 27-2701 OF THE ENVIRONMENTAL CONSERVATION LAW, AS ADDED BY CHAP-
TER SIX HUNDRED FORTY-ONE OF THE LAWS OF TWO THOUSAND EIGHT.
  B.  "RETAIL  STORE"  SHALL MEAN ANY BUSINESS ESTABLISHMENT, INCLUDING,
BUT NOT LIMITED TO, A GROCERY STORE, CONVENIENCE STORE,  DAIRY  PRODUCTS
STORE,  PRODUCE  MARKET,  DEPARTMENT  STORE,  GENERAL MERCHANDISE STORE,
CLOTHING STORE, HARDWARE STORE, PHARMACY, DRUG STORE, HOTEL, RESTAURANT,
SODA FOUNTAIN, GASOLINE STATION, OR ANY OTHER SIMILAR MERCANTILE  ESTAB-
LISHMENT  OFFERING GOODS AND/OR SERVICES AT RETAIL TO INDIVIDUAL CONSUM-
ERS, AND/OR ANY OTHER ESTABLISHMENT WHICH IN THE REGULAR COURSE OF BUSI-
NESS SELLS OR RENTS GOODS OR SERVICES DIRECTLY TO THE PUBLIC.
  2. PROHIBITION ON THE IMPOSITION OF A TAX, FEE OR LOCAL CHARGE ON  ANY
CARRY OUT MERCHANDISE BAG. NO CITY, INCLUDING ANY CITY WITH A POPULATION
OF  ONE  MILLION  OR  MORE, SHALL IMPOSE ANY TAX, FEE OR ANY OTHER LOCAL
CHARGE ON ANY CARRY OUT MERCHANDISE BAG AS DEFINED  IN  PARAGRAPH  A  OF
SUBDIVISION  ONE  OF  THIS  SECTION. THIS PROHIBITION SHALL APPLY TO ALL
CITIES, INCLUDING ANY CITY WITH A POPULATION OF  ONE  MILLION  OR  MORE,
REGARDLESS  OF  WHETHER SUCH TAX, FEE OR OTHER LOCAL CHARGE IS ATTEMPTED

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

                                                           LBD15036-02-6

A. 9904                             2

TO BE ASSESSED OR CHARGED BY THE CITY INDIRECTLY AGAINST THE  WHOLESALER
PROVIDING  ANY  CARRY  OUT MERCHANDISE BAG TO THE RETAIL STORE, OR INDI-
RECTLY AGAINST THE RETAIL STORE PROVIDING ANY CARRY OUT MERCHANDISE  BAG
TO  THE  CUSTOMER,  OR DIRECTLY AGAINST THE CUSTOMER RECEIVING THE CARRY
OUT MERCHANDISE BAG FROM THE RETAIL STORE.
  3. PROHIBITION ON THE COLLECTION OF A TAX, FEE OR LOCAL CHARGE ON  ANY
CARRY  OUT  MERCHANDISE  BAG.  NO  WHOLESALER MAY COLLECT ANY ADDITIONAL
CHARGE, TAX OR ANY OTHER FEE UPON A RETAIL STORE FOR  THE  PROVISION  OF
ANY  CARRY OUT MERCHANDISE BAG, OTHER THAN THE ORIGINAL COST OF SUCH BAG
AS AGREED BETWEEN THE WHOLESALER AND THE RETAIL STORE FOR  THE  PURCHASE
OF  SUCH BAG.  ADDITIONALLY, NO RETAIL STORE MAY COLLECT ANY CHARGE, TAX
OR ANY OTHER FEE UPON A CUSTOMER IN RETURN  FOR  THE  PROVISION  OF  ANY
CARRY OUT MERCHANDISE BAG.
  S 2. The act shall take effect immediately.