S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3803
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  SIMON, COOK, EPSTEIN -- read once and
   referred to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   paper carryout bag reduction fee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7  of  section  27-2805  of  the  environmental
 conservation  law,  as added by section 2 of part H of chapter 58 of the
 laws of 2019, is amended to read as follows:
   7. All paper carryout bag reduction fee monies and any related  penal-
 ties  and  interest remitted to the commissioner of taxation and finance
 under this section, except as hereinafter provided, shall  be  deposited
 daily with such responsible banks, banking houses, or trust companies as
 may  be designated by the state comptroller.  Of the revenues deposited,
 the comptroller shall retain in the comptroller's hands such  amount  as
 the  commissioner  of taxation and finance may determine to be necessary
 for refunds or reimbursements of the fees collected or received pursuant
 to this section, out of which the comptroller shall pay any  refunds  or
 reimbursements of such fees to which persons shall be entitled under the
 provisions of this section. The comptroller, after reserving such refund
 and  reimbursement  fund  shall:    (A) FOR THE FIRST YEAR FOLLOWING THE
 EFFECTIVE DATE OF A LOCAL LAW, ORDINANCE OR RESOLUTION IMPOSING A  PAPER
 CARRYOUT  BAG  REDUCTION FEE ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION BY A COUNTY OR CITY, on or before the twelfth day of each month,
 pay to the appropriate fiscal officers of the counties or cities  impos-
 ing  tax  under subdivision one of this section an amount equal to forty
 percent of the paper carryout bag reduction fee monies and  any  related
 penalties  and  interest  collected  by the commissioner of taxation and
 finance in respect of each such county or city in the preceding calendar
 month to be used for the purpose of purchasing and distributing reusable
 bags, with priority given to low- and fixed-income communities; AND  (B)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03462-01-3
              

 A. 3803                             2
 
 AFTER  THE FIRST YEAR FOLLOWING THE EFFECTIVE DATE OF A LOCAL LAW, ORDI-
 NANCE OR RESOLUTION IMPOSING A PAPER CARRYOUT BAG REDUCTION FEE  ADOPTED
 PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION BY A COUNTY OR CITY, ON OR
 BEFORE THE TWELFTH DAY OF EACH MONTH, PAY TO EACH PERSON LOCATED IN SUCH
 COUNTY  OR CITY AND REQUIRED TO COLLECT THE PAPER CARRYOUT BAG REDUCTION
 FEE AN AMOUNT EQUAL TO FORTY PERCENT OF THE PAPER CARRYOUT BAG REDUCTION
 FEE MONIES COLLECTED BY SUCH PERSON. Provided further that at the end of
 each fiscal year, any funds which have not been  used  for  the  purpose
 defined  in  this  section  shall  be returned to the comptroller and be
 deposited into the general fund to be used for the purpose of purchasing
 and distributing reusable bags with priority given to low- and fixed-in-
 come communities.  Any remaining amount of paper carryout bag  reduction
 fee  monies  and  any  related penalties and interest shall be deposited
 monthly into the environmental protection fund established  pursuant  to
 section ninety-two-s of the state finance law.
   § 2. This act shall take effect immediately.