S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8359
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred 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.
 § 27-1603. PAPER RECEIPT BAN.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11707-03-5
              

 A. 8359                             2
 
   1. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, 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-EIGHT, 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 THIRTY, 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 OTHER-
 WISE 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.
   4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,  FOR
 BUSINESSES  WITH  A  GROSS  REVENUE  OF FIVE MILLION DOLLARS PER YEAR OR
 LESS, THE REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL
 BE EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTY, AND THE REQUIREMENTS OF
 SUBDIVISION THREE OF THIS SECTION SHALL BE EFFECTIVE JANUARY FIRST,  TWO
 THOUSAND THIRTY-TWO.
 § 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 AS DEFINED IN THIS  TITLE  IS  VESTED  EXCLUSIVELY  IN  THE
 STATE.
   § 2. This act shall take effect immediately.