The New York State Senate

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

                                  1750

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2017
                               ___________

Introduced by M. of A. CUSICK, GJONAJ, WEPRIN, CYMBROWITZ, M. G. MILLER,
  SIMANOWITZ,  PICHARDO, ABBATE, HIKIND, DenDEKKER, MOSLEY, DILAN, HEVE-
  SI, BARRON, TITONE, CRESPO, COLTON, FITZPATRICK, DAVILA, HARRIS, COOK,
  WILLIAMS, SIMOTAS,  ARROYO,  JOYNER,  MALLIOTAKIS  --  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 in certain cities

  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:
  §  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  CARRY  OUT  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06793-01-7

A. 1750                             2

  2.  PROHIBITION ON THE IMPOSITION OF A TAX, FEE OR LOCAL CHARGE ON ANY
CARRY OUT MERCHANDISE BAG. NO 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 ANY CITY WITH A POPULATION OF
ONE MILLION OR MORE, REGARDLESS OF WHETHER SUCH TAX, FEE OR OTHER  LOCAL
CHARGE  IS  ATTEMPTED  TO  BE ASSESSED OR CHARGED BY THE CITY INDIRECTLY
AGAINST THE WHOLESALER PROVIDING ANY CARRY OUT MERCHANDISE  BAG  TO  THE
RETAIL STORE, OR INDIRECTLY 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 OR RETAILER MAY COLLECT ANY
CHARGE, TAX OR ANY OTHER FEE THAT HAS BEEN ASSESSED OR  DIRECTED  TO  BE
IMPOSED  UPON  CUSTOMERS  BY  A CITY WITH A POPULATION OF ONE MILLION OR
MORE FOR THE PROVISION OF ANY CARRY OUT MERCHANDISE BAG. NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO PREVENT A WHOLESALER  FROM  COLLECTING  A
CHARGE  FROM  A RETAILER FOR THE SALE OF A CARRY OUT MERCHANDISE BAG, OR
PREVENT A RETAILER FROM COLLECTING A CHARGE FROM A CUSTOMER FOR A  CARRY
OUT  MERCHANDISE  BAG, IF SUCH CHARGE WAS NOT ASSESSED OR DIRECTED TO BE
IMPOSED UPON CUSTOMERS BY A CITY WITH A POPULATION  OF  ONE  MILLION  OR
MORE.
  § 2. This act shall take effect immediately.