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.