The New York State Senate

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

                                  9953

                          I N  A S S E M B L Y

                            February 27, 2018
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, the alcoholic bever-
  age control law and the state finance law, in relation to establishing
  guidelines for carryout bag waste reduction

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 28 to read as follows:
                                 TITLE 28
                      CARRYOUT BAG WASTE REDUCTION
SECTION 27-2801. DEFINITIONS.
        27-2802. CHARGES.
        27-2803. ADDITIONAL OBLIGATIONS FOR STORES.
        27-2804. DEPOSIT AND DISPOSITION OF FEES.
        27-2805. VIOLATIONS.
        27-2806. PREEMPTION OF LOCAL LAW.
§ 27-2801. DEFINITIONS.
  AS USED IN THIS ARTICLE:
  1. "CARRYOUT BAG" MEANS A BAG MADE OF PLASTIC, PAPER, OR OTHER MATERI-
AL  THAT  IS INTENDED FOR THE PURPOSE OF CARRYING PURCHASED ITEMS AND IS
PROVIDED BY A STORE TO A CUSTOMER AT THE POINT OF SALE AND THAT IS NOT A
REUSABLE GROCERY BAG;
  2. "EXEMPT BAG" MEANS A BAG INTENDED TO DIRECTLY CONTAIN FOOD, INCLUD-
ING, BUT NOT LIMITED TO SANDWICH BAGS, HANDLELESS PRODUCE BAGS AND  BAGS
PROVIDED BY A PHARMACY TO CARRY PRESCRIPTION DRUGS;
  3. "STORE" MEANS A GENERAL VENDOR, OR A RETAIL OR WHOLESALE ESTABLISH-
MENT  ENGAGED  IN  THE  SALE  OF  PERSONAL,  CONSUMER OR HOUSEHOLD ITEMS
INCLUDING BUT NOT LIMITED TO DRUG STORES,  PHARMACIES,  GROCERY  STORES,
SUPERMARKETS, CONVENIENCE FOOD STORES OR FOODMARTS THAT PROVIDE CARRYOUT
BAGS  TO CONSUMERS IN WHICH TO PLACE ITEMS PURCHASED OR OBTAINED AT SUCH
ESTABLISHMENTS. SUCH TERM SHALL NOT INCLUDE FOOD SERVICE ESTABLISHMENTS,
MOBILE FOOD SERVICE  ESTABLISHMENTS,  OR  EMERGENCY  FOOD  PROVIDERS  OR
501(C)(3) ORGANIZATIONS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD11416-06-8

A. 9953                             2

  4.  "REUSABLE  GROCERY  BAG"  MEANS A BAG WITH HANDLES THAT IS SPECIF-
ICALLY DESIGNED AND MANUFACTURED FOR MULTIPLE REUSE THAT IS PROVIDED  BY
A STORE TO A CUSTOMER AT THE POINT OF SALE AND CAPABLE OF CARRYING TWEN-
TY-TWO POUNDS OVER A DISTANCE OF ONE HUNDRED AND SEVENTY-FIVE FEET FOR A
MINIMUM  OF  ONE  HUNDRED AND TWENTY-FIVE USES AND IS EITHER (A) MADE OF
CLOTH OR OTHER MACHINE WASHABLE FABRIC, OR (B) MADE OF  DURABLE  PLASTIC
THAT  IS AT LEAST 2.25 MILS THICK, MEASURED ACCORDING TO THE ASTM STAND-
ARD D6988-13;
  5. "MOBILE FOOD VENDOR" MEANS A SELF-CONTAINED FOOD SERVICE OPERATION,
LOCATED IN A READILY MOVABLE PUSHCART, MOTORIZED WHEELED OR TOWED  VEHI-
CLE, USED TO STORE, PREPARE, DISPLAY OR SERVE FOOD INTENDED FOR INDIVID-
UAL PORTION SERVICE.
§ 27-2802. CHARGES.
  1.  (A)  STORES  SHALL CHARGE A FEE OF NO LESS THAN TEN CENTS FOR EACH
CARRYOUT BAG OR REUSABLE GROCERY BAG PROVIDED TO ANY  PERSON.  NO  STORE
SHALL  CHARGE  MORE  THAN  TWENTY-FIVE CENTS FOR EACH CARRYOUT BAG. 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.
  (B) THE STORE COLLECTING FEES PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL RETAIN TWENTY PERCENT OF ALL SUCH FEES AND SHALL REMIT  THE
REMAINING  EIGHTY  PERCENT OF ALL SUCH FEES TO THE COMMISSIONER OF TAXA-
TION AND FINANCE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 27-2804 OF
THIS TITLE FOR DEPOSIT TO THE CREDIT  OF  THE  ENVIRONMENTAL  PROTECTION
FUND  ESTABLISHED  PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE
LAW.   ALL SUCH FUNDS SHALL BE MADE  AVAILABLE  TO  LOCALITIES  FOR  THE
PURPOSE  OF  POLLUTION REDUCTION, CLEANUP, AND EDUCATION, AND PURCHASING
AND DISTRIBUTING REUSABLE BAGS, WITH PRIORITY GIVEN TO LOW AND FIXED-IN-
COME COMMUNITIES.
  2. (A) NO STORE SHALL CHARGE A CARRYOUT BAG FEE FOR BAGS OF  ANY  KIND
PROVIDED  BY THE CUSTOMER IN LIEU OF A CARRYOUT BAG OF ANY KIND PROVIDED
BY ANY SUCH STORE.
  (B) NO STORE SHALL BE REQUIRED TO CHARGE SUCH FEE FOR AN EXEMPT BAG.
  3. NO STORE SHALL PREVENT A PERSON FROM USING A BAG OF ANY  KIND  THAT
THEY  HAVE BROUGHT TO ANY SUCH STORE FOR PURPOSES OF CARRYING GOODS FROM
SUCH STORE.
  4. ALL STORES THAT PROVIDE CARRYOUT BAGS TO  CUSTOMERS  SHALL  PROVIDE
CARRYOUT  BAGS  FREE OF CHARGE FOR ITEMS PURCHASED AT SUCH STORES BY ANY
PERSON USING THE NEW  YORK  STATE  SUPPLEMENTAL  NUTRITIONAL  ASSISTANCE
PROGRAM OR THE NEW YORK STATE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS AND CHILDREN AS A FULL OR PARTIAL PAYMENT.
  5.  THE  DEPARTMENT  SHALL PROMULGATE ALL NECESSARY OR DESIRABLE RULES
AND REGULATIONS TO EFFECT THE PURPOSES  SET  FORTH  IN  THIS  TITLE  AND
EDUCATE  THE  GENERAL  PUBLIC  ABOUT SUCH PURPOSES. THE DEPARTMENT SHALL
CONDUCT OUTREACH PROGRAMS TO  EDUCATE  THE  GENERAL  PUBLIC  ABOUT  SUCH
PURPOSES AND SHALL PUBLICIZE SUCH RULES AND REGULATIONS ON ITS WEBSITE.
§ 27-2803. ADDITIONAL OBLIGATIONS FOR STORES.
  1. ALL STORES SUBJECT TO THE PROVISIONS OF THIS TITLE SHALL POST SIGNS
PROVIDED OR APPROVED BY THE DEPARTMENT AT OR NEAR POINTS OF SALE LOCATED
IN  SUCH  COVERED  STORES  TO NOTIFY CUSTOMERS OF THE PROVISIONS OF THIS
SECTION.
  2.  NO STORE SUBJECT TO THE PROVISIONS OF THIS TITLE SHALL  PROVIDE  A
CREDIT  TO  ANY  PERSON  SPECIFICALLY  FOR  THE PURPOSE OF OFFSETTING OR
AVOIDING THE CARRYOUT BAG CHARGE REQUIRED BY  SECTION  27-2802  OF  THIS
TITLE.

A. 9953                             3

  3. A STORE MAY NOT CHARGE A FEE PURSUANT TO SUBDIVISION ONE OF SECTION
27-2802  OF  THIS  TITLE,  FOR  A  REUSABLE  GROCERY  BAG THAT MEETS THE
REQUIREMENTS OF SUBDIVISION FOUR OF SECTION 27-2801 OF  THIS  TITLE  AND
WHICH IS DISTRIBUTED TO A CUSTOMER WITHOUT CHARGE DURING A LIMITED DURA-
TION PROMOTIONAL EVENT, NOT TO EXCEED FOURTEEN DAYS PER YEAR.
  4.  PAPER  CARRYOUT  BAGS  SUBJECT  TO  PROVISIONS OF THIS TITLE SHALL
CONTAIN A MINIMUM OF FORTY PERCENT POST-CONSUMER RECYCLED CONTENT.
  5. NO STORE SHALL DISTRIBUTE ANY PLASTIC CARRYOUT BAGS TO ITS  CUSTOM-
ERS  UNLESS  SUCH  BAGS ARE EXEMPT BAGS AS DEFINED IN SUBDIVISION TWO OF
SECTION 27-2801 OF THIS TITLE.
§ 27-2804. DEPOSIT AND DISPOSITION OF FEES.
  1. EACH STORE COLLECTING FEES AS PROVIDED IN SECTION 27-2802  OF  THIS
TITLE  SHALL  DEPOSIT ALL SUCH FEES COLLECTED INTO A DESIGNATED CARRYOUT
BAG ACCOUNT. SUCH STORE SHALL HOLD  THE  AMOUNTS  IN  THE  CARRYOUT  BAG
ACCOUNT  IN  TRUST  FOR  THE  STATE.  A CARRYOUT BAG 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 FEDER-
AL GOVERNMENT. DEPOSITS OF SUCH AMOUNTS INTO THE  CARRYOUT  BAG  ACCOUNT
SHALL  BE  MADE  NOT  LESS FREQUENTLY THAN EVERY FIVE BUSINESS DAYS. ALL
INTEREST, DIVIDENDS AND RETURNS EARNED ON MONIES  IN  THE  CARRYOUT  BAG
ACCOUNT  SHALL  BE  PAID  DIRECTLY INTO SAID ACCOUNT. THE MONIES IN SUCH
ACCOUNT SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER  MONIES  IN  THE
POSSESSION  OF  THE  STORE. THE COMMISSIONER OF TAXATION AND FINANCE MAY
SPECIFY A SYSTEM OF ACCOUNT AND RECORDS TO BE MAINTAINED WITH RESPECT TO
ACCOUNTS ESTABLISHED UNDER THIS SUBDIVISION.
  2. EACH STORE 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 QUARTERLY REPORTS REQUIRED BY
THIS SUBDIVISION SHALL BE FILED FOR THE QUARTERLY PERIODS ENDING ON  THE
LAST  DAY  OF  MAY, AUGUST, NOVEMBER AND FEBRUARY OF EACH YEAR, AND EACH
SUCH REPORT SHALL BE FILED WITHIN TWENTY DAYS AFTER THE END OF THE QUAR-
TERLY PERIOD COVERED THEREBY. EACH SUCH REPORT SHALL INCLUDE ALL  INFOR-
MATION  SUCH  COMMISSIONER SHALL DETERMINE APPROPRIATE INCLUDING BUT NOT
LIMITED TO THE FOLLOWING INFORMATION:
  A. THE BALANCE IN THE CARRYOUT BAG ACCOUNT AT  THE  BEGINNING  OF  THE
QUARTER FOR WHICH THE REPORT IS PREPARED;
  B.  ALL  SUCH  DEPOSITS  CREDITED  TO THE CARRYOUT BAG ACCOUNT AND ALL
INTEREST, DIVIDENDS OR RETURNS RECEIVED ON  SUCH  ACCOUNT,  DURING  SUCH
QUARTER;
  C.  ALL SERVICE CHARGES ON THE ACCOUNT, AND ALL PAYMENTS MADE PURSUANT
TO SUBDIVISION THREE OF THIS SECTION; AND
  D. THE BALANCE IN THE CARRYOUT BAG ACCOUNT AT THE CLOSE OF SUCH  QUAR-
TER.
  3.  A. AN AMOUNT EQUAL TO EIGHTY PERCENT OF THE BALANCE OUTSTANDING IN
THE CARRYOUT BAG 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  TWO  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 QUARTER SHALL  BE  THE  MONIES  OF  THE
STORE  AND  MAY  BE  WITHDRAWN  FROM  SUCH  ACCOUNT BY THE STORE. IF THE
PROVISIONS OF THIS SECTION WITH RESPECT TO SUCH ACCOUNT  HAVE  NOT  BEEN
FULLY  COMPLIED  WITH, EACH STORE 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

A. 9953                             4

DATE HAD SUCH PROVISIONS BEEN FULLY COMPLIED WITH. THE  COMMISSIONER  OF
TAXATION  AND  FINANCE  MAY  REQUIRE THAT THE PAYMENTS BE MADE ELECTRON-
ICALLY.
  B.  A  STORE  WHO CEASES TO DO BUSINESS IN THIS STATE AS A STORE SHALL
FILE A FINAL REPORT AND REMIT PAYMENT OF EIGHTY PERCENT OF  ALL  AMOUNTS
REMAINING  IN  THE  CARRYOUT  BAG ACCOUNT AS OF THE CLOSE OF THE STORE'S
LAST DAY OF BUSINESS. THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  MAY
REQUIRE  THAT THE PAYMENTS BE MADE ELECTRONICALLY. THE STORE SHALL INDI-
CATE 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 STORE CEASES TO DO BUSINESS.
  4. 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 MONIES IN THE POSSESSION  OF  THE
COMPTROLLER.  THE  COMPTROLLER  SHALL REQUIRE ADEQUATE SECURITY FROM ALL
SUCH DEPOSITORIES. THE COMPTROLLER MUST, BY THE TENTH DAY OF EACH MONTH,
PAY  INTO  THE  STATE  TREASURY  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION  FUND  ESTABLISHED  PURSUANT  TO  SECTION NINETY-TWO-S OF THE
STATE FINANCE LAW THE REVENUE DEPOSITED UNDER  THIS  SUBDIVISION  DURING
THE  PRECEDING  CALENDAR MONTH AND REMAINING TO THE COMPTROLLER'S CREDIT
ON THE LAST DAY OF THAT PRECEDING MONTH.
  5. 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
ADMINISTRATION  AND  ENFORCEMENT  RESPONSIBILITIES   PURSUANT   TO   THE
PROVISIONS OF THIS TITLE.
  6.  A.  ANY  STORE  IN  OPERATION  PRIOR TO THE EFFECTIVE DATE OF THIS
TITLE, MUST APPLY WITHIN THREE MONTHS OF  THE  EFFECTIVE  DATE  OF  THIS
TITLE  TO  THE  COMMISSIONER OF TAXATION AND FINANCE FOR REGISTRATION TO
COLLECT FEES AS PROVIDED IN SECTION 27-2802 OF  THIS  TITLE.  ANY  STORE
COMMENCING  OPERATIONS  ON OR AFTER THREE MONTHS FROM THE EFFECTIVE DATE
OF THIS TITLE SHALL APPLY FOR REGISTRATION PRIOR TO COLLECTING ANY FEES.
SUCH APPLICATION SHALL BE IN A FORM PRESCRIBED BY  THE  COMMISSIONER  OF
TAXATION  AND  FINANCE  AND  SHALL REQUIRE SUCH INFORMATION DEEMED TO BE
NECESSARY FOR PROPER ADMINISTRATION OF THIS TITLE. THE  COMMISSIONER  OF
TAXATION AND FINANCE MAY REQUIRE THAT APPLICATIONS FOR REGISTRATION MUST
BE  SUBMITTED ELECTRONICALLY.   THE COMMISSIONER OF TAXATION AND FINANCE
SHALL ELECTRONICALLY ISSUE A STORE 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  CERTIF-
ICATE.  A  REGISTRATION  CERTIFICATE ISSUED PURSUANT TO THIS SUBDIVISION
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  TAXATION
AND  FINANCE SHALL FURNISH TO THE COMMISSIONER A COMPLETE LIST OF REGIS-
TERED STORES AND SHALL CONTINUALLY UPDATE SUCH LIST  AS  WARRANTED.  THE
COMMISSIONER  SHALL SHARE ANY INFORMATION WITH THE COMMISSIONER OF TAXA-
TION AND FINANCE THAT IS NECESSARY FOR THE ADMINISTRATION OF THIS SUBDI-
VISION.

A. 9953                             5

  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 STORE IN THE
MANNER PRESCRIBED FOR  A  NOTICE  OF  DEFICIENCY  OF  TAX  AND  ALL  THE
PROVISIONS  APPLICABLE  TO  A NOTICE OF DEFICIENCY UNDER ARTICLE TWENTY-
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 STORE  THAT  THE  REVOCATION  OR  NON-RENEWAL  OF
REGISTRATION  MAY  BE CHALLENGED THROUGH A HEARING PROCESS AND THE PETI-
TION FOR SUCH A CHALLENGE MUST BE FILED WITH THE COMMISSIONER  OF  TAXA-
TION AND FINANCE WITHIN NINETY DAYS AFTER SUCH NOTICE IS ISSUED. A STORE
WHOSE  REGISTRATION HAS BEEN SO REVOKED OR NOT RENEWED SHALL CEASE TO DO
BUSINESS IN THIS STATE, UNTIL THIS TITLE HAS BEEN COMPLIED  WITH  AND  A
NEW REGISTRATION HAS BEEN ISSUED.
  7.  THE  COMMISSIONER  OF TAXATION AND FINANCE MAY REQUIRE THE MAINTE-
NANCE OF SUCH ACCOUNTS, RECORDS OR DOCUMENTS RELATING TO THE  COLLECTION
OF  FEES  FOR  CARRYOUT BAGS, BY ANY STORE AS SUCH COMMISSIONER MAY DEEM
APPROPRIATE FOR THE ADMINISTRATION OF THIS  SECTION.  SUCH  COMMISSIONER
MAY MAKE EXAMINATIONS, INCLUDING THE CONDUCT OF STORE INSPECTIONS DURING
REGULAR  BUSINESS  HOURS, WITH RESPECT TO THE ACCOUNTS, RECORDS OR DOCU-
MENTS 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, PHOTOSTATIC, MICROFILM, MICRO-CARD,
MINIATURE PHOTOGRAPHIC OR OTHER PROCESS WHICH  ACTUALLY  REPRODUCES  THE
ORIGINAL ACCOUNTS, RECORDS OR DOCUMENTS.
  8.  IF  ANY  STORE  FAILS  OR  REFUSES TO FILE A REPORT OR FURNISH ANY
INFORMATION REQUESTED IN WRITING  BY  THE  DEPARTMENT  OF  TAXATION  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 DEFI-
CIENCY FROM SUCH STORE.
§ 27-2805. VIOLATIONS.
  1.  ANY RETAILER WHO SHALL VIOLATE ANY PROVISION OF THIS  TITLE  SHALL
RECEIVE  A WARNING NOTICE FOR THE FIRST SUCH VIOLATION. A RETAILER SHALL
BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY  OF  TWO  HUNDRED
FIFTY DOLLARS FOR THE FIRST VIOLATION AFTER RECEIVING A WARNING AND FIVE
HUNDRED  DOLLARS FOR ANY SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR.
FOR PURPOSES OF THIS SECTION, EACH COMMERCIAL TRANSACTION SHALL  CONSTI-
TUTE  NO  MORE  THAN ONE VIOLATION. A HEARING OR OPPORTUNITY TO BE HEARD
SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.

A. 9953                             6

  2. IT SHALL NOT BE A VIOLATION OF THIS TITLE FOR A GENERAL  VENDOR  OR
GREEN  CART  TO FAIL TO PROVIDE A RECEIPT TO A CUSTOMER WITH AN ITEMIZED
CHARGE FOR A CARRYOUT BAG FEE.
  3.  (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
DEPARTMENT OF HEALTH, 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 RETAINED  BY  THE  MUNICI-
PALITY.
§ 27-2806. PREEMPTION OF LOCAL LAW.
  JURISDICTION  IN  ALL  MATTERS  PERTAINING  TO CARRYOUT BAGS IS VESTED
EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW  OR  ORDINANCE,
OR ANY RULE OR REGULATION PROMULGATED THERETO, GOVERNING CHARGES OR BANS
RELATED  TO  CARRYOUT BAGS SHALL, UPON THE EFFECTIVE DATE OF THIS TITLE,
BE PREEMPTED. PROVIDED, HOWEVER, NOTHING IN THIS SECTION SHALL  PRECLUDE
A  LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGULATION FROM IMPLEMENTING A
HIGHER FEE FOR CARRYOUT BAGS OR REUSABLE GROCERY BAGS, OR A BAN ON ADDI-
TIONAL TYPES OF CARRYOUT BAGS.
  § 2. Subdivision 4 of section 63 of  the  alcoholic  beverage  control
law,  as  amended  by  section  1 of chapter 360 of the laws of 2017, is
amended to read as follows:
  4. No licensee under this section shall be engaged in any other  busi-
ness  on  the  licensed premises. The sale of lottery tickets, when duly
authorized and lawfully conducted, THE SALE OF CARRYOUT BAGS AS  DEFINED
IN  SUBDIVISION ONE OF SECTION 27-2801 OF THE ENVIRONMENTAL CONSERVATION
LAW AND REUSABLE GROCERY BAGS AS DEFINED IN SUBDIVISION FOUR OF  SECTION
27-2801 OF THE ENVIRONMENTAL CONSERVATION LAW, the sale of corkscrews or
the sale of ice or the sale of publications, including prerecorded video
and/or  audio  cassette tapes, or educational seminars, designed to help
educate consumers in  their  knowledge  and  appreciation  of  alcoholic
beverages,  as  defined  in  section  three  of this chapter and allowed
pursuant to their license, or the sale of  non-carbonated,  non-flavored
mineral waters, spring waters and drinking waters or the sale of glasses
designed  for the consumption of wine, racks designed for the storage of
wine, and devices designed to minimize  oxidation  in  bottles  of  wine
which have been uncorked, or the sale of gift bags, gift boxes, or wrap-
ping,  for  alcoholic beverages purchased at the licensed premises shall
not constitute engaging in another business within the meaning  of  this
subdivision.  Any  fee  obtained from the sale of an educational seminar
shall not be considered as a fee for any tasting  that  may  be  offered
during an educational seminar, provided that such tastings are available
to  persons who have not paid to attend the seminar and all tastings are
conducted in accordance with section sixty-three-a of this article.
  § 3. Subdivision 4 of section 63 of  the  alcoholic  beverage  control
law,  as  amended  by  section  2 of chapter 360 of the laws of 2017, is
amended to read as follows:

A. 9953                             7

  4. No licensee under this section shall be engaged in any other  busi-
ness  on  the  licensed premises. The sale of lottery tickets, when duly
authorized and lawfully conducted, THE SALE OF CARRYOUT BAGS AS  DEFINED
IN  SUBDIVISION ONE OF SECTION 27-2801 OF THE ENVIRONMENTAL CONSERVATION
LAW  AND REUSABLE GROCERY BAGS AS DEFINED IN SUBDIVISION FOUR OF SECTION
27-2801 OF THE ENVIRONMENTAL CONSERVATION LAW, the sale of corkscrews or
the sale of ice or the sale of publications, including prerecorded video
and/or audio cassette tapes, or educational seminars, designed  to  help
educate  consumers  in  their  knowledge  and  appreciation of alcoholic
beverages, as defined in section  three  of  this  chapter  and  allowed
pursuant  to  their license, or the sale of non-carbonated, non-flavored
mineral waters, spring waters and drinking waters or the sale of glasses
designed for the consumption of wine, racks designed for the storage  of
wine,  and  devices  designed  to  minimize oxidation in bottles of wine
which have been uncorked, shall not constitute engaging in another busi-
ness within the meaning of this subdivision. Any fee obtained  from  the
sale  of an educational seminar shall not be considered as a fee for any
tasting that may be offered during an educational seminar, provided that
such tastings are available to persons who have not paid to  attend  the
seminar  and  all  tastings  are  conducted  in  accordance with section
sixty-three-a of this article.
  § 4. Subdivision 3 and paragraph (b) of subdivision 6 of section  92-s
of  the  state  finance  law, subdivision 3 as amended by section 2-a of
part JJ of chapter 58 of the laws of 2017 and paragraph (b) of  subdivi-
sion  6  as  amended by section 3 of part U of chapter 58 of the laws of
2016, are 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-n 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,  all  moneys  collected
pursuant  to  title thirty-three of article fifteen of the environmental
conservation law, beginning with the fiscal  year  commencing  on  April
first,  two  thousand thirteen, nineteen million dollars, and all fiscal
years thereafter, twenty-three million dollars plus all  funds  received
by  the  state  each  fiscal year in excess of the greater of the amount

A. 9953                             8

received from April first, two thousand  twelve  through  March  thirty-
first,  two  thousand  thirteen  or  one  hundred twenty-two million two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision  four  of  section  27-1012 of the environmental conservation law
[and], all funds collected pursuant to section 27-1015 of  the  environ-
mental conservation law, provided such funds shall not be less than four
million dollars for the fiscal year commencing April first, two thousand
thirteen,  and  not less than eight million dollars for all fiscal years
thereafter, ALL MONEYS REQUIRED TO  BE  DEPOSITED  PURSUANT  TO  SECTION
27-2804 OF THE ENVIRONMENTAL CONSERVATION LAW and all other moneys cred-
ited  or  transferred  thereto from any other fund or source pursuant to
law. All such revenue shall be initially  deposited  into  the  environ-
mental  protection fund, for application as provided in subdivision five
of this section.
  (b) Moneys from the solid waste account shall be  available,  pursuant
to appropriation and upon certificate of approval of availability by the
director of the budget, for any non-hazardous municipal landfill closure
project;  municipal  waste reduction or recycling project, as defined in
article fifty-four  of  the  environmental  conservation  law;  for  the
purposes  of  section  two  hundred  sixty-one  and  section two hundred
sixty-four of the economic development law; any project for the develop-
ment, updating or revision of local solid waste management plans  pursu-
ant  to  sections  27-0107 and 27-0109 of the environmental conservation
law; environmental justice projects and grants and for  the  development
of  the  pesticide  sales  and use data base pursuant to title twelve of
article thirty-three of the  environmental  conservation  law;  PROVIDED
THAT ALL FUNDS COLLECTED PURSUANT TO TITLE TWENTY-EIGHT OF ARTICLE TWEN-
TY-SEVEN  OF  THE ENVIRONMENTAL CONSERVATION LAW SHALL BE MADE AVAILABLE
TO LOCALITIES FOR THE  PURPOSE  OF  POLLUTION  REDUCTION,  CLEANUP,  AND
EDUCATION,  AND PURCHASING AND DISTRIBUTING REUSABLE BAGS, WITH PRIORITY
GIVEN TO LOW AND FIXED-INCOME COMMUNITIES.
  § 5. This act shall take effect on  the  two  hundred  seventieth  day
after it shall have become a law; provided that the amendments to subdi-
vision  4  of  section  63 of the alcoholic beverage control law made by
section two of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 18 of chapter 297 of the laws of
2016, as amended, when upon such date the provisions of section three of
this act shall take effect.