S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    185
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. CAHILL -- Multi-Sponsored by -- M. of A. COOK,
   CYMBROWITZ, DiPIETRO,  GLICK,  J. RIVERA,  THIELE  --  read  once  and
   referred  to the Committee on Tourism, Parks, Arts and Sports Develop-
   ment
 
 AN ACT to amend the parks, recreation and historic preservation law,  in
   relation  to  creating the "Pennies for Parks" program providing funds
   for capital expenditures at  state  parks,  historic  sites  and  city
   parks;  to  amend the tax law, in relation to imposing a fee on single
   use plastic carryout bags; to amend the state finance law, in relation
   to establishing the pennies for parks fund; to amend the environmental
   conservation law, in relation to the prohibition of single use plastic
   bags; to repeal certain provisions of the  environmental  conservation
   law  relating  thereto;  and  providing  for  the  repeal  of  certain
   provisions upon expiration thereof
 
   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, historic sites and  city  parks  enhance  the
 character and quality of life and enhance the economic vitality of local
 communities  and  provide healthy and affordable recreational and educa-
 tional opportunities to  New  York  state  residents  and  visitors.  If
 allowed  to  fall into disrepair, state parks, historic sites as well as
 city parks 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,
 historic sites and city parks should be provided necessary capital fund-
 ing  in  a  manner  which is cognizant of their aforementioned intrinsic
 values.
   The legislature also finds and declares that the  single  use  plastic
 carryout  bags  distributed by New York retailers have a negative impact

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

                       [ ] is old law to be omitted.
                                                            LBD01493-01-1

 A. 185                              2
 
 on the environment, littering our communities, parks and beaches;  fill-
 ing  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 plastic carryout bags.
   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, historic  sites  and  city
 parks. Such a dedicated funding stream should be devoted as supplemental
 to  the  existing budget of the office of parks, recreation and historic
 preservation. The funding stream should be created by  imposing  a  five
 cent  fee on each single use plastic carryout bag distributed by retail-
 ers in New York, to be collected and used to fund  capital  projects  in
 state  parks, historic sites and city parks. In order to meet the afore-
 mentioned goals and uphold the cultural  fabric  and  integrity  of  the
 system  of  state parks, and historic sites and city parks, the "Pennies
 for Parks" program, a fee  on  single  use  plastic  carryout  bags  and
 pennies for parks fund are established and codified in sections 13.32 of
 the  parks,  recreation and historic preservation law, 1105-D of the tax
 law and 92-kk of the state finance law.
   § 2. The parks, recreation and historic preservation law is amended by
 adding a new section 13.32 to read as follows:
   § 13.32 PENNIES FOR PARKS. THE COMMISSIONER IS AUTHORIZED  TO  UTILIZE
 THE  MONIES  ALLOCATED  TO  THE  STATE  PARKS AND HISTORIC SITES CAPITAL
 ACCOUNT FOR THE PURPOSE OF SUPPLEMENTING  THE  EXISTING  BUDGET  OF  THE
 OFFICE TO PROVIDE ADDITIONAL FUNDING FOR CAPITAL PROJECTS.
   §  3. The tax law is amended by adding a new section 1105-D to read as
 follows:
   § 1105-D. FEE ON SINGLE USE PLASTIC 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  PLASTIC CARRYOUT BAG PROVIDED TO A CUSTOMER BY A PERSON REQUIRED TO
 COLLECT TAX.
   (B) FOR PURPOSES OF THIS SECTION:
   (1) "SINGLE USE PLASTIC 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 PLASTIC CARRYOUT BAG" DOES NOT INCLUDE:
   (A)  PAPER  CARRYOUT  BAGS  INCLUDING  THOSE PAPER BAGS CONTAINING ANY
 PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT.
   (B) 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;
   (C) BAGS PROVIDED BY PHARMACISTS TO CONTAIN PRESCRIPTION DRUGS;
   (D)  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
   (E)  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

 A. 185                              3

 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
 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 PLAS-
 TIC 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 PLASTIC CARRY-
 OUT 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 COMPTROLLER, AFTER DEDUCTING
 THE  AMOUNT  WHICH  THE  COMPTROLLER SHALL DETERMINE TO BE NECESSARY FOR
 REASONABLE COSTS TO ADMINISTER, COLLECT AND DISTRIBUTE SUCH FEES,  SHALL
 BE  DEPOSITED  BY THE COMPTROLLER INTO THE PENNIES FOR PARKS FUND ESTAB-
 LISHED PURSUANT TO SECTION NINETY-TWO-KK 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.
   § 4. The state finance law is amended by adding a new section 92-kk to
 read as follows:
   § 92-KK. PENNIES FOR PARKS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
 JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
 AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "PENNIES FOR PARKS FUND".
   2. (A) THE PENNIES FOR PARKS FUND SHALL CONSIST OF TWO  ACCOUNTS:  (A)
 THE  STATE  PARKS  AND  HISTORIC SITES CAPITAL ACCOUNT; AND (B) THE CITY
 PARKS CAPITAL ACCOUNT. MONEYS IN EACH ACCOUNT SHALL BE KEPT SEPARATE AND
 NOT COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE  STATE  COMP-
 TROLLER.
   (B)  THE COMPTROLLER MAY RETAIN NO MORE THAN TEN PERCENT OF THE MONEYS
 IN THE PENNIES FOR PARKS FUND  AVAILABLE  FOR  OPERATIONAL  EXPENDITURES
 RELATING  TO THE ADMINISTRATION OF THE PROGRAM. THE STATE COMPTROLLER IS

 A. 185                              4
 
 HEREBY AUTHORIZED AND DIRECTED TO TRANSFER MONTHLY  NO  LATER  THAN  THE
 LAST  DAY  OF EACH MONTH, ANY MONEYS, IF ANY, IN EXCESS OF THE AGGREGATE
 AMOUNTS REQUIRED TO BE SET ASIDE  IN  ORDER  TO  MEET  THE  REQUIREMENTS
 ESTABLISHED  IN  THIS  SUBDIVISION  FOR  ADMINISTRATIVE PURPOSES, IN THE
 FOLLOWING MANNER: FORTY-FIVE PERCENT OF THE MONEYS IN  THE  PENNIES  FOR
 PARKS  FUND  SHALL  BE TRANSFERRED TO THE STATE PARKS AND HISTORIC SITES
 CAPITAL ACCOUNT; AND FORTY-FIVE PERCENT OF THE MONEYS IN THE PENNIES FOR
 PARKS FUND SHALL BE TRANSFERRED TO THE CITY PARKS CAPITAL ACCOUNT.
   (C) MONEYS IN THE STATE  PARKS  AND  HISTORIC  SITES  CAPITAL  ACCOUNT
 SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE TRANSFERRED TO THE
 EXISTING  BUDGET OF THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESER-
 VATION TO PROVIDE SUPPLEMENTAL FUNDING FOR CAPITAL PROJECTS.
   (I) NOT LATER THAN SIXTY DAYS AFTER THE END OF THE STATE FISCAL  YEAR,
 THE  OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION SHALL PROVIDE
 TO THE STATE COMPTROLLER, THE CHAIRPERSONS OF  THE  SENATE  FINANCE  AND
 ASSEMBLY  WAYS  AND  MEANS  COMMITTEES AND THE DIVISION OF THE BUDGET, A
 DETAILED DESCRIPTION OF EACH CAPITAL PROJECT LET  DURING  THE  COMPLETED
 PRIOR  YEAR  THAT  IS FUNDED FULLY OR PARTIALLY FROM THE STATE PARKS AND
 HISTORIC SITES CAPITAL ACCOUNT. SUCH DESCRIPTION SHALL INCLUDE A PROJECT
 IDENTIFICATION NUMBER, A DESCRIPTION OF THE PROJECT IN LESS THAN  THIRTY
 WORDS,  THE  WORK  TYPE, THE ESTIMATED TOTAL COST OF THE PROJECT AND THE
 PROBABLE LIFE OF EACH SUCH PROJECT.
   (II) NOT LATER THAN MARCH FIRST OF EACH STATE FISCAL YEAR, THE  OFFICE
 OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION SHALL PROVIDE TO THE
 STATE COMPTROLLER, THE CHAIRPERSONS OF THE SENATE FINANCE  AND  ASSEMBLY
 WAYS  AND  MEANS  COMMITTEES  AND THE DIVISION OF THE BUDGET, A DETAILED
 DESCRIPTION OF EACH CAPITAL PROJECT ANTICIPATED OR AVAILABLE TO  BE  LET
 IN  THE NEXT FISCAL YEAR THAT IS PLANNED TO BE FUNDED FULLY OR PARTIALLY
 FROM  THE  STATE  PARKS  AND  HISTORIC  SITES  CAPITAL   ACCOUNT.   SUCH
 DESCRIPTION SHALL INCLUDE A PROJECT IDENTIFICATION NUMBER, A DESCRIPTION
 OF  THE  PROJECT IN LESS THAN THIRTY WORDS, THE WORK TYPE, THE ESTIMATED
 TOTAL COST OF THE PROJECT AND THE PROBABLE LIFE OF EACH SUCH PROJECT.
   (D) MONEYS IN THE CITY PARK CAPITAL ACCOUNT SHALL, FOLLOWING APPROPRI-
 ATION BY THE LEGISLATURE, BE TRANSFERRED  TO  THE  SPECIFIC  CITY  PARKS
 DESIGNATED TO RECEIVE SUCH FUNDING AS OUTLINED BY THE FOLLOWING SUBPARA-
 GRAPHS.
   (I)  THERE  SHALL BE A COMPREHENSIVE FINANCIAL REPORT AND PLAN FOR THE
 CITY PARK CAPITAL ACCOUNT. THE GOVERNOR SHALL ANNUALLY SUBMIT SUCH  PLAN
 TO  THE  LEGISLATURE  AND  THE  STATE COMPTROLLER IN ACCORDANCE WITH THE
 RELEASE OF THE EXECUTIVE BUDGET. THE REPORT WILL DETAIL  THE  CITY  PARK
 AND THE APPROPRIATION TO BE RELEASED FOR CAPITAL PROJECT PURPOSES.
   (II) NOT LATER THAN SIXTY DAYS AFTER THE END OF THE STATE FISCAL YEAR,
 THE  DIVISION  OF  THE BUDGET SHALL PROVIDE TO THE STATE COMPTROLLER AND
 THE CHAIRPERSONS OF THE SENATE  FINANCE  AND  ASSEMBLY  WAYS  AND  MEANS
 COMMITTEES,  A  DETAILED  DESCRIPTION  OF  EACH CITY CAPITAL PROJECT LET
 DURING THE COMPLETED PRIOR YEAR THAT IS FUNDED FULLY OR  PARTIALLY  FROM
 THE CITY PARKS CAPITAL ACCOUNT. SUCH DESCRIPTION SHALL INCLUDE A PROJECT
 IDENTIFICATION  NUMBER, A DESCRIPTION OF THE PROJECT IN LESS THAN THIRTY
 WORDS, THE WORK TYPE, THE ESTIMATED TOTAL COST OF THE  PROJECT  AND  THE
 PROBABLE LIFE OF EACH SUCH PROJECT.
   (E)  ALL  PAYMENTS  OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT
 AND WARRANT OF THE STATE COMPTROLLER.
   (F) THE STATE COMPTROLLER, IN CONJUNCTION WITH THE DEPARTMENT OF TAXA-
 TION AND FINANCE AND THE OFFICE OF PARKS, RECREATION AND HISTORIC  PRES-
 ERVATION  SHALL PUBLISH ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-TWO, AND ANNUALLY THEREAFTER, A REPORT FOR THE LEGISLATURE.  SUCH

 A. 185                              5
 
 REPORT  SHALL  BE  MADE  AVAILABLE  TO THE PUBLIC BY BEING POSTED ON THE
 STATE COMPTROLLER'S OFFICIAL WEBSITE. SUCH  REPORT  SHALL  CONSIDER  THE
 TOTAL FEES COLLECTED AND THE EXPENSES OF THE PROGRAM ON AN ANNUAL BASIS.
 THE  REPORT  WILL  ALSO INCLUDE A STUDY INTO THE PERCENTAGE REDUCTION IN
 SINGLE USE PLASTIC CARRYOUT BAGS BY RESIDENTS OF NEW YORK STATE  FOLLOW-
 ING  THE IMPLEMENTATION OF THE BAG FEE TO ENSURE PROGRESS TOWARDS REACH-
 ING A DECREASE IN THE USE OF SUCH BAGS. COPIES OF  THE  REPORT  WILL  BE
 SUBMITTED  TO  THE  SPEAKER  OF THE ASSEMBLY, THE MAJORITY LEADER OF THE
 SENATE, THE DIVISION OF BUDGET AND THE STATE COMPTROLLER.
   § 5. The title heading of title 27 of article 27 of the  environmental
 conservation  law,  as  added  by  chapter  641  of the laws of 2008, is
 amended to read as follows:
                SINGLE USE PLASTIC BAG [REDUCTION, REUSE AND
                          RECYCLING] PROHIBITION
   § 6. Subdivision 4 of section 27-2701 of the  environmental  conserva-
 tion law, as added by chapter 641 of the laws of 2008, is REPEALED and a
 new subdivision 4 is added to read as follows:
   4.  (A)  "SINGLE  USE  PLASTIC 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.
   (B) "SINGLE USE PLASTIC CARRYOUT BAG" DOES NOT INCLUDE:
   (I) PAPER CARRYOUT BAGS INCLUDING  THOSE  PAPER  BAGS  CONTAINING  ANY
 PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT.
   (II) BAGS USED BY CUSTOMERS INSIDE STORES TO CONTAIN OR WRAP:
   (A) BULK ITEMS SUCH AS FRUIT, VEGETABLES, NUTS, GRAINS, CANDY OR SMALL
 HARDWARE ITEMS;
   (B) FROZEN FOODS, MEAT, OR FISH, WHETHER PRE-PACKAGED OR NOT;
   (C)  FLOWERS,  POTTED  PLANTS  OR  OTHER ITEMS WHERE DAMPNESS MAY BE A
 PROBLEM; OR
   (D) UNWRAPPED PREPARED FOODS, FOOD SLICED TO ORDER OR BAKERY GOODS;
   (III) BAGS PROVIDED BY PHARMACISTS TO CONTAIN PRESCRIPTION DRUGS;
   (IV) 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
   (V) REUSABLE BAGS AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION.
   § 7. Section 27-2703 of the environmental conservation law,  as  added
 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
 ter 481 of the laws of 2014, is amended to read as follows:
 § 27-2703. Store operator responsibilities.
   1.  The  operator  of  a  store  shall establish an at-store recycling
 program pursuant to the provisions of this title that provides an oppor-
 tunity for a customer of the store to return to the store  clean  SINGLE
 USE plastic carryout bags and film plastic.
   2. A retail establishment that does not meet the definition of a store
 and  that  provides SINGLE USE plastic carryout bags to customers at the
 point of sale may also adopt an at-store recycling program.
   § 8. Title 27 of article 27 of the environmental conservation law,  as
 added  by  chapter  641  of the laws of 2008, is amended by adding a new
 section 27-2706 to read as follows:
 § 27-2706. PROHIBITION OF SINGLE USE PLASTIC BAGS.
   NO STORE LOCATED IN THE STATE MAY DISTRIBUTE SINGLE USE PLASTIC CARRY-
 OUT BAGS AS DEFINED IN SUBDIVISION  FOUR  OF  SECTION  27-2701  OF  THIS
 TITLE.

 A. 185                              6
 
   §  9.  Section 27-2707 of the environmental conservation law, as added
 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
 ter 481 of the laws of 2014, is amended to read as follows:
 § 27-2707. Manufacturer responsibilities.
   1.  When the manufacturer accepts SINGLE USE plastic carryout bags and
 film plastic for return, it or its agent shall maintain, for  a  minimum
 of three years, records describing the collection, transport and recycl-
 ing  of SUCH SINGLE USE plastic carryout bags and film plastic collected
 by weight, provided that the manufacturer or its agents may  weigh  such
 bags, film plastic and any other plastic resins at a regional collection
 center.  Such  records  shall  be  made available to the department upon
 request, to demonstrate compliance with this title.
   2. Manufacturers of compostable plastic bags sold  to  stores  in  the
 state that are subject to the provisions of this title shall have print-
 ed on the bag, in a manner visible to the consumer, the words "COMPOSTA-
 BLE  BAG  -- DO NOT PLACE IN RECYCLING BIN". Provided however, such bags
 may be sold or distributed for one year from the effective date of  this
 section to use the store's existing stock of compostable bags.
   §  10.  Section  27-2709  of  the  environmental  conservation law, as
 amended by chapter 481 of the laws  of  2014,  is  amended  to  read  as
 follows:
 § 27-2709. Department responsibility.
   1.  The  department  shall develop educational materials to [encourage
 the reduction, reuse and recycling] INFORM THE PUBLIC OF THE PROHIBITION
 of SINGLE USE plastic carryout bags and  film  plastic  and  shall  make
 those  materials  available to stores required to comply with this arti-
 cle.
   2. The department shall provide information regarding the availability
 of recycling facilities and companies that recycle  SINGLE  USE  plastic
 bags and film plastic, including the addresses and phone numbers of such
 facilities and companies to stores required to comply with this article.
   §  11.  Section  27-2711  of  the  environmental  conservation  law is
 REPEALED.
   § 12.  Section  27-2713  of  the  environmental  conservation  law  is
 REPEALED.
   § 13. 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 a law,
 and  shall  apply  in  accordance  with  the   applicable   transitional
 provisions  of  section 1106 of the tax law; provided that sections two,
 three and four of this act shall expire and be deemed repealed  5  years
 after such effective date when upon such date the provisions of sections
 five,  six, seven, eight, nine, ten, eleven and twelve of this act shall
 take effect.  Provided, further, that the commissioner of parks,  recre-
 ation and historic preservation, in conjunction with the commissioner of
 taxation  and  finance,  shall take any actions necessary for the timely
 implementation of this act on or before the date on which it shall  have
 become a law.