Relates to establishing a moratorium on the adoption or implementation of any local law, ordinance, rule or regulation in a city with a population of one million or more related to charging a fee for carryout merchandise bags or a fee of similar effect.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4883
SPONSOR: Cusick TITLE OF BILL:
An act to establish a moratorium on the adoption or implementation of
any local law, ordinance, rule or regulation relating to charging a fee
for carryout merchandise bags or a fee of similar effect; and providing
for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
This bill would establish a moratorium on the adoption and/or implemen-
tation of any local law related to charging a fee for carryout bags.
SUMMARY OF PROVISIONS:
This bill would establish a moratorium on the adoption and/or implemen-
tation of any local law or ordinance, or any rule or regulation, by a
city with a population of one million or more, related to charging a fee
for carryout bags. Such moratorium would remain in effect until two
hundred and seventy days after the adoption of a local law which re-au-
thorizes, modifies or repeals New York City Local Law 63 of 2016 as
amended by New York City Local Law 81 of 2016 for the charging of a fee
on customers for carryout bags. The re-authorization, modification, or
repeal would be required to be passed by the Council of the City of New
York for the term commencing January 1, 2018 and terminating December
31, 2021, or any term commencing thereafter.
JUSTIFICATION:
Concerns have been expressed relating to a local law passed by the City
of New York that requires the charging of a fee for single-use paper and
plastic carryout bags. A more thorough examination of the current situ-
ation is needed in order to investigate all potential impacts and possi-
ble alternative approaches and to allow for public input. Such a review
shall afford the state and its residents the opportunity to analyze the
most effective methods of decreasing the use of and increasing recycling
of single use paper and plastic carryout bags to effectively manage the
waste stream and assist in environmental protection and management.
Additional time after the adoption of a local law relating to charging a
fee for carryout bags by the Council for the City of New York would
allow for education of such local law for all stakeholders.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act would take effect immediately and be deemed to be in full force
and effect on February 15, 2017 and shall expire two hundred and seventy
days after the adoption of a local law which re-authorizes, modifies or
repeals local law number 63 of the city of New York, as amended by local
law number 81 of the city of New York for the year 2016, for the charg-
ing of a fee for carryout bags passed by the Council of the City of New
York for the term commencing January 1, 2018 and terminating December
31, 2021, or any term commencing thereafter.
STATE OF NEW YORK
________________________________________________________________________
4883
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
___________
Introduced by M. of A. CUSICK, BENEDETTO, WEPRIN, CYMBROWITZ,
M. G. MILLER, SIMANOWITZ, PICHARDO, ABBATE, HIKIND, DILAN, BARRON,
TITONE, CRESPO, COLTON, HARRIS, COOK, WILLIAMS, ARROYO, JOYNER,
BICHOTTE -- read once and referred to the Committee on Cities
AN ACT to establish a moratorium on the adoption or implementation of
any local law, ordinance, rule or regulation relating to charging a
fee for carryout merchandise bags or a fee of similar effect; and
providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. There is hereby established a moratorium on the adoption
2 and/or implementation of any local law or ordinance, or any rule or
3 regulation, by a city with a population of one million or more, related
4 to charging a fee for carryout merchandise bags ("carryout bags") or a
5 fee of similar effect.
6 § 2. This act shall take effect immediately and shall be deemed to be
7 in full force and effect on and after February 15, 2017 and shall expire
8 and be deemed repealed two hundred and seventy days after the adoption
9 of a local law which re-authorizes, modifies or repeals local law number
10 63 of the city of New York for the year 2016, as amended by local law
11 number 81 of the city of New York for the year 2016, for the charging of
12 a fee on customers for carryout bags, which re-authorization, modifica-
13 tion or repeal must be passed by the council of the city of New York
14 during the term commencing January 1, 2018 and terminating December 31,
15 2021, or any term commencing thereafter. The mayor of a city with a
16 population of one million or more shall notify the legislative bill
17 drafting commission upon the adoption of such local law in order that
18 the commission may maintain an accurate and timely effective data base
19 of the official text of the laws of the state of New York in furtherance
20 of effectuating the provisions of section 44 of the legislative law and
21 section 70-b of the public officers law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09304-06-7
