NY State Senate Bill 2021-S771

Senate Bill S771

2021-2022 Legislative Session

Bans paper receipts for certain purchases and requiring businesses to provide proof of purchase electronically

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation
Jan 06, 2021	referred to environmental conservation

2021-S771 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 16 §§27-1601 - 27-1607, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6090
2023-2024: S7940

2021-S771 (ACTIVE) - Summary

Bans paper receipts for certain purchases and requires businesses to provide proof of purchase electronically, unless a proof of purchase is otherwise required by state or federal law.

2021-S771 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S771

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
banning paper receipts for certain purchases and requiring businesses to
provide proof of purchases electronically

 
PURPOSE:

This bill would help conserve resources and reduce the generation
single-use paper receipts.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new section 27-1601 to the environ-
mental conservation law (ECL) requiring after January 1, 2024, for a
paper receipt to be provided to a consumer by a business only at the
consumer's option. Violations of this section shall be punishable by $25
per day, not to exceed $300 annually.

Section 2 is the effective date.

 
JUSTIFICATION:

Many shoppers find paper receipts unnecessary and discard them before
they even leave the store. Businesses have started to take steps to
address unnecessary paper receipts by looking at different applications
that allow for the electronic transmission of receipts.  This new tech-
nology has allowed consumers to receive their receipt through either a
text message or an e-mail. The applications are more convenient and
better for the environment.

In the United States, paper receipt production uses an estimated 12.4
million trees, 13.2 billion gallons of water, and emits 4 billion pounds
of CO2 each year. Point-of-sale receipts are also so thin that they
rarely contain any recycled materials. Requiring consumers to request a
paper receipt is intended to reduce the number of paper receipts gener-
ated, which will conserve the resources needed to make the receipts and
reduce unnecessary paper waste. While recycling is vital to the environ-
ment, it is even more important for New York to make progress towards
reducing single-use materials.

 
LEGISLATIVE HISTORY:

2019: S6090, Kaminsky. Referred to Environmental Conservation.

2020: S6090, Kaminsky. Referred to Environmental Conservation.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S771 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    771
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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
   banning  paper receipts for certain purchases and requiring businesses
   to provide proof of purchases electronically
 
   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 16 to read as follows:
                                 TITLE 16
                          PAPER RECEIPT REDUCTION
 SECTION 27-1601. DEFINITIONS.
         27-1603. PAPER RECEIPT BAN.
         27-1605. VIOLATIONS.
         27-1607. PREEMPTION OF LOCAL LAW.
 § 27-1601. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "BUSINESS"  MEANS A COMPANY THAT ACCEPTS PAYMENT THROUGH CREDIT OR
 DEBIT TRANSACTIONS. "BUSINESS" DOES NOT INCLUDE A HEALTH CARE PROVIDER.
   2. "CONSUMER" MEANS A PERSON WHO PURCHASES, AND  DOES  NOT  OFFER  FOR
 RESALE, FOOD, ALCOHOL, OTHER TANGIBLE PERSONAL PROPERTY, OR SERVICES.
   3.  "ELECTRONIC  FORM"  INCLUDES,  BUT  IS NOT LIMITED TO, A FORM SENT
 THROUGH EMAIL OR TEXT MESSAGE.
   4. "INVOICE" MEANS AN ITEMIZED LIST  OF  GOODS  OR  SERVICES  PROVIDED
 BEFORE  OR AFTER THE POINT OF SALE THROUGH A CONTRACT STATING THE AMOUNT
 DUE.
   5. "PROOF OF PURCHASE" MEANS A RECEIPT FOR THE RETAIL  SALE  OF  FOOD,
 ALCOHOL,  OR  OTHER  TANGIBLE PERSONAL PROPERTY, OR FOR THE PROVISION OF
 SERVICES, PROVIDED AT THE  POINT  OF  SALE,  BUT  DOES  NOT  INCLUDE  AN
 INVOICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01137-01-1

 S. 771                              2
 
 § 27-1603. PAPER RECEIPT BAN.
   1.  ON  AND  AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A PROOF OF
 PURCHASE SHALL BE PROVIDED TO A CONSUMER  BY  A  BUSINESS  ONLY  AT  THE
 CONSUMER'S  OPTION,  UNLESS A PROOF OF PURCHASE IS OTHERWISE REQUIRED TO
 BE GIVEN TO THE CONSUMER BY STATE OR FEDERAL LAW.
   2. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A PAPER PROOF
 OF PURCHASE SHALL NOT BE PRINTED IF THE CONSUMER OPTS TO NOT  RECEIVE  A
 PROOF OF PURCHASE, UNLESS OTHERWISE REQUIRED BY STATE OR FEDERAL LAW.
   3.  (A)  ON  AND  AFTER  JANUARY  FIRST, TWO THOUSAND TWENTY-SIX, IF A
 CONSUMER OPTS TO RECEIVE A PROOF OF PURCHASE PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, THE PROOF OF PURCHASE SHALL BE PROVIDED  IN  ELECTRONIC
 FORM  OR  PAPER FORM, AT THE CONSUMER'S OPTION, UNLESS A PRESCRIBED FORM
 IS OTHERWISE REQUIRED BY STATE OR FEDERAL LAW.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A  BUSINESS  IS
 NOT  REQUIRED  TO  PROVIDE  AN  ELECTRONIC  PROOF OF PURCHASE IF, DUE TO
 LIMITED INTERNET CONNECTIVITY, A POWER OUTAGE, OR OTHER UNEXPECTED TECH-
 NICAL DIFFICULTIES, THE BUSINESS IS INCAPABLE OF SENDING  AN  ELECTRONIC
 PROOF OF PURCHASE.
 § 27-1605. VIOLATIONS.
   1.  ANY  BUSINESS  WHO SHALL VIOLATE ANY PROVISION OF THIS TITLE SHALL
 RECEIVE A WARNING NOTICE FOR THE FIRST SUCH VIOLATION. A BUSINESS  SHALL
 BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF TWENTY DOLLARS
 FOR  EACH  VIOLATION AFTER RECEIVING A WARNING, BUT SUCH PENALTIES SHALL
 NOT TO EXCEED THREE HUNDRED DOLLARS ANNUALLY. A HEARING  OR  OPPORTUNITY
 TO  BE  HEARD  SHALL  BE  PROVIDED  PRIOR TO THE ASSESSMENT OF ANY CIVIL
 PENALTY.
   2. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE  HEREBY  AUTHORIZED  TO
 ENFORCE THE PROVISIONS OF THIS TITLE.
 § 27-1607. PREEMPTION OF LOCAL LAW.
   JURISDICTION  IN  ALL  MATTERS  PERTAINING  TO PAPER PROOF OF PURCHASE
 RESTRICTIONS IS VESTED EXCLUSIVELY IN THE STATE.
   § 2. This act shall take effect immediately.

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