Add §13.32, Pks & Rec L; add §1105-D, Tax L; add §92-ii, St Fin L; amd Art 27 Title 27 Head, §§27-2701,
27-2703, 27-2707 & 27-2709, rpld §§27-2701 sub 4, 27-2711 & 27-2713, add §27-2706 En Con L
Creates the "Pennies for Parks" program providing funds for capital expenditures at state parks and historic sites; imposes fee of five cents on single use carryout bags; establishes the pennies for parks fund to hold funds received from the fee on single use carryout bags.
STATE OF NEW YORK
________________________________________________________________________
46--D
2017-2018 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2017
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COOK,
CYMBROWITZ, DiPIETRO, GLICK, JAFFEE, McDONALD, RIVERA, THIELE -- read
once and referred to the Committee on Tourism, Parks, Arts and Sports
Development -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- recommitted to the
Committee on Tourism, Parks, Arts and Sports Development in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the parks, recreation and historic preservation law, in
relation to creating the "Pennies for Parks" program providing funds
for capital expenditures at state parks, historic sites and city
parks; to amend the tax law, in relation to imposing a fee on single
use plastic carryout bags; to amend the state finance law, in relation
to establishing the pennies for parks fund; to amend the environmental
conservation law, in relation to the prohibition of single use plastic
bags; and to repeal certain provisions of the environmental conserva-
tion law relating thereto; and providing for the repeal of certain
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. Legislative findings and intent. The legislature finds and
2 declares that state parks, historic sites and city parks enhance the
3 character and quality of life and enhance the economic vitality of local
4 communities and provide healthy and affordable recreational and educa-
5 tional opportunities to New York state residents and visitors. If
6 allowed to fall into disrepair, state parks, historic sites as well as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01337-09-8
A. 46--D 2
1 city parks may become inaccessible and uninviting to the public. Once
2 closed or sold, state parks and historic sites are difficult, if not
3 impossible, to recover or rehabilitate. Accordingly, state parks,
4 historic sites and city parks should be provided necessary capital fund-
5 ing in a manner which is cognizant of their aforementioned intrinsic
6 values.
7 The legislature also finds and declares that the single use plastic
8 carryout bags distributed by New York retailers have a negative impact
9 on the environment, littering our communities, parks and beaches; fill-
10 ing our landfills; harming wildlife; and using millions of trees and
11 gallons of oil to produce. An additional economic incentive should be
12 put in place to encourage the use of reusable bags and reduce the stream
13 of single use plastic carryout bags.
14 It is hereby declared to be the public policy and in the public inter-
15 est of this state to establish a comprehensive program to provide a
16 dedicated funding stream for our state parks, historic sites and city
17 parks. Such a dedicated funding stream should be devoted as supplemental
18 to the existing budget of the office of parks, recreation and historic
19 preservation. The funding stream should be created by imposing a five
20 cent fee on each single use plastic carryout bag distributed by retail-
21 ers in New York, to be collected and used to fund capital projects in
22 state parks, historic sites and city parks. In order to meet the afore-
23 mentioned goals and uphold the cultural fabric and integrity of the
24 system of state parks, and historic sites and city parks, the "Pennies
25 for Parks" program, a fee on single use plastic carryout bags and
26 pennies for parks fund are established and codified in sections 13.32 of
27 the parks, recreation and historic preservation law, 1105-D of the tax
28 law and 92-ii of the state finance law.
29 § 2. The parks, recreation and historic preservation law is amended by
30 adding a new section 13.32 to read as follows:
31 § 13.32 Pennies for parks. The commissioner is authorized to utilize
32 the monies allocated to the state parks and historic sites capital
33 account for the purpose of supplementing the existing budget of the
34 office to provide additional funding for capital projects.
35 § 3. The tax law is amended by adding a new section 1105-D to read as
36 follows:
37 § 1105-D. Fee on single use plastic carryout bags. (a) In addition to
38 any other tax or fee imposed by this article or any other law, there is
39 hereby imposed and there shall be paid a five cent fee on each single
40 use plastic carryout bag provided to a customer by a person required to
41 collect tax.
42 (b) For purposes of this section:
43 (1) "Single use plastic carryout bag" means a bag provided to a
44 customer at the point of sale by a person required to collect tax and
45 intended for a single use for carrying tangible personal property
46 purchased.
47 (2) "Single use plastic carryout bag" does not include:
48 (A) Paper carryout bags including those paper bags containing any
49 percentage of post-consumer recycled content.
50 (B) Bags used by customers inside stores to contain or wrap:
51 (i) bulk items such as fruit, vegetables, nuts, grains, candy or small
52 hardware items;
53 (ii) frozen foods, meat, or fish, whether pre-packaged or not;
54 (iii) flowers, potted plants or other items where dampness may be a
55 problem; or
56 (iv) unwrapped prepared foods, food sliced to order or bakery goods;
A. 46--D 3
1 (C) Bags provided by pharmacists to contain prescription drugs;
2 (D) Newspaper bags, door-hanger bags, laundry dry-cleaning bags, or
3 bags sold in packages containing multiple bags intended for use as
4 garbage, pet waste or yard waste bags; or
5 (E) Reusable bags as defined in section 27-2701 of the environmental
6 conservation law.
7 (c) (1) Except as otherwise provided in this section, the fee imposed
8 by this section will be similar to, and administered and collected in a
9 like manner as the taxes imposed by section eleven hundred five of this
10 article. All the provisions of this article, including the definition
11 and exemption provisions and the provisions relating or applicable to
12 the administration, collection and disposition of the taxes imposed by
13 that section will apply to the fee imposed by this section so far as
14 those provisions can be made applicable to the fee imposed by this
15 section, with such modifications as may be necessary in order to adapt
16 the language of those provisions to the fee imposed by this section.
17 Those provisions will apply with the same force and effect as if the
18 language of those provisions had been set forth in full in this section,
19 except to the extent that any of those provisions is either inconsistent
20 with a provision of this section or is not relevant to the fee imposed
21 by this section. For purposes of this section, any reference in this
22 chapter to a tax or the taxes imposed by section eleven hundred five of
23 this article will be deemed to also refer to the fee imposed by this
24 section unless a different meaning is clearly required.
25 (2) Notwithstanding the provisions of paragraph one of this subdivi-
26 sion, the exemptions provided for in section eleven hundred sixteen of
27 this article, other than exemptions in paragraphs one, two and three of
28 subdivision (a) of such section, shall not apply to the fee imposed by
29 this section.
30 (d) Every person required to collect the fee imposed by this section
31 shall collect the fee from the customer at the time the single use plas-
32 tic carryout bag is provided. If the customer is given any sales slip,
33 invoice, receipt or other statement or memorandum of the price or charge
34 of the purchase, it shall state the number of single use plastic carry-
35 out bags provided to the customer and the amount of the fee imposed by
36 this section shown separately from the price or charge, and separately
37 from any other fee or tax imposed by this article or any other law.
38 (e) Every person required to collect the fee imposed by this section,
39 may retain one cent from each five cent fee collected as compensation
40 for the administration of this program, and shall keep records to
41 provide a full and accurate accounting of all such funds retained pursu-
42 ant to this subdivision in the form and manner prescribed by the tax
43 commission pursuant to rules and regulations.
44 (f) Notwithstanding any provision of law to the contrary, the fees
45 imposed by this section and received by the comptroller, after deducting
46 the amount which the comptroller shall determine to be necessary for
47 reasonable costs to administer, collect and distribute such fees, shall
48 be deposited by the comptroller into the pennies for parks fund estab-
49 lished pursuant to section ninety-two-ii of the state finance law within
50 thirty days of the end of each sales tax quarterly period as described
51 in subdivision (b) of section eleven hundred thirty-six of this article.
52 § 4. The state finance law is amended by adding a new section 92-ii to
53 read as follows:
54 § 92-ii. Pennies for parks fund. 1. There is hereby established in the
55 joint custody of the state comptroller and the commissioner of taxation
56 and finance a special fund to be known as the "pennies for parks fund".
A. 46--D 4
1 2. (a) The pennies for parks fund shall consist of two accounts: (a)
2 the state parks and historic sites capital account; and (b) the city
3 parks capital account. Moneys in each account shall be kept separate and
4 not commingled with any other moneys in the custody of the state comp-
5 troller.
6 (b) The comptroller may retain no more than ten percent of the moneys
7 in the pennies for parks fund available for operational expenditures
8 relating to the administration of the program. The state comptroller is
9 hereby authorized and directed to transfer monthly no later than the
10 last day of each month, any moneys, if any, in excess of the aggregate
11 amounts required to be set aside in order to meet the requirements
12 established in this subdivision for administrative purposes, in the
13 following manner: forty-five percent of the moneys in the pennies for
14 parks fund shall be transferred to the state parks and historic sites
15 capital account; and forty-five percent of the moneys in the pennies for
16 parks fund shall be transferred to the city parks capital account.
17 (c) Moneys in the state parks and historic sites capital account
18 shall, following appropriation by the legislature, be transferred to the
19 existing budget of the office of parks, recreation and historic preser-
20 vation to provide supplemental funding for capital projects.
21 (i) Not later than sixty days after the end of the state fiscal year,
22 the office of parks, recreation and historic preservation shall provide
23 to the state comptroller, the chairpersons of the senate finance and
24 assembly ways and means committees and the division of the budget, a
25 detailed description of each capital project let during the completed
26 prior year that is funded fully or partially from the state parks and
27 historic sites capital account. Such description shall include a project
28 identification number, a description of the project in less than thirty
29 words, the work type, the estimated total cost of the project and the
30 probable life of each such project.
31 (ii) Not later than March first of each state fiscal year, the office
32 of parks, recreation and historic preservation shall provide to the
33 state comptroller, the chairpersons of the senate finance and assembly
34 ways and means committees and the division of the budget, a detailed
35 description of each capital project anticipated or available to be let
36 in the next fiscal year that is planned to be funded fully or partially
37 from the state parks and historic sites capital account. Such
38 description shall include a project identification number, a description
39 of the project in less than thirty words, the work type, the estimated
40 total cost of the project and the probable life of each such project.
41 (d) Moneys in the city park capital account shall, following appropri-
42 ation by the legislature, be transferred to the specific city parks
43 designated to receive such funding as outlined by the following subpara-
44 graphs.
45 (i) There shall be a comprehensive financial report and plan for the
46 city park capital account. The governor shall annually submit such plan
47 to the legislature and the state comptroller in accordance with the
48 release of the executive budget. The report will detail the city park
49 and the appropriation to be released for capital project purposes.
50 (ii) Not later than sixty days after the end of the state fiscal year,
51 the division of the budget shall provide to the state comptroller and
52 the chairpersons of the senate finance and assembly ways and means
53 committees, a detailed description of each city capital project let
54 during the completed prior year that is funded fully or partially from
55 the city parks capital account. Such description shall include a project
56 identification number, a description of the project in less than thirty
A. 46--D 5
1 words, the work type, the estimated total cost of the project and the
2 probable life of each such project.
3 (e) All payments of moneys from the fund shall be made on the audit
4 and warrant of the state comptroller.
5 (f) The state comptroller, in conjunction with the department of taxa-
6 tion and finance and the office of parks, recreation and historic pres-
7 ervation shall publish on or before December thirty-first, two thousand
8 nineteen, and annually thereafter, a report for the legislature. Such
9 report shall be made available to the public by being posted on the
10 state comptroller's official website. Such report shall consider the
11 total fees collected and the expenses of the program on an annual basis.
12 The report will also include a study into the percentage reduction in
13 single use plastic carryout bags by residents of New York state follow-
14 ing the implementation of the bag fee to ensure progress towards reach-
15 ing a decrease in the use of such bags. Copies of the report will be
16 submitted to the speaker of the assembly, the majority leader of the
17 senate, the division of budget and the state comptroller.
18 § 5. The title heading of title 27 of article 27 of the environmental
19 conservation law, as added by chapter 641 of the laws of 2008, is
20 amended to read as follows:
21 SINGLE USE PLASTIC BAG [REDUCTION, REUSE AND
22 RECYCLING] PROHIBITION
23 § 6. Subdivision 4 of section 27-2701 of the environmental conserva-
24 tion law, as added by chapter 641 of the laws of 2008, is REPEALED and a
25 new subdivision 4 is added to read as follows:
26 4. (a) "Single use plastic carryout bag" means a bag provided to a
27 customer at the point of sale by a person required to collect tax and
28 intended for a single use for carrying tangible personal property
29 purchased.
30 (b) "Single use plastic carryout bag" does not include:
31 (i) Paper carryout bags including those paper bags containing any
32 percentage of post-consumer recycled content.
33 (ii) Bags used by customers inside stores to contain or wrap:
34 (A) bulk items such as fruit, vegetables, nuts, grains, candy or small
35 hardware items;
36 (B) frozen foods, meat, or fish, whether pre-packaged or not;
37 (C) flowers, potted plants or other items where dampness may be a
38 problem; or
39 (D) unwrapped prepared foods, food sliced to order or bakery goods;
40 (iii) Bags provided by pharmacists to contain prescription drugs;
41 (iv) Newspaper bags, door-hanger bags, laundry dry-cleaning bags, or
42 bags sold in packages containing multiple bags intended for use as
43 garbage, pet waste or yard waste bags; or
44 (v) Reusable bags as defined in subdivision five of this section.
45 § 7. Section 27-2703 of the environmental conservation law, as added
46 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
47 ter 481 of the laws of 2014, is amended to read as follows:
48 § 27-2703. Store operator responsibilities.
49 1. The operator of a store shall establish an at-store recycling
50 program pursuant to the provisions of this title that provides an oppor-
51 tunity for a customer of the store to return to the store clean single
52 use plastic carryout bags and film plastic.
53 2. A retail establishment that does not meet the definition of a store
54 and that provides single use plastic carryout bags to customers at the
55 point of sale may also adopt an at-store recycling program.
A. 46--D 6
1 § 8. Title 27 of article 27 of the environmental conservation law, as
2 added by chapter 641 of the laws of 2008, is amended by adding a new
3 section 27-2706 to read as follows:
4 § 27-2706. Prohibition of single use plastic bags.
5 No store located in the state may distribute single use plastic carry-
6 out bags as defined in subdivision four of section 27-2701 of this
7 title.
8 § 9. Section 27-2707 of the environmental conservation law, as added
9 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
10 ter 481 of the laws of 2014, is amended to read as follows:
11 § 27-2707. Manufacturer responsibilities.
12 1. When the manufacturer accepts single use plastic carryout bags and
13 film plastic for return, it or its agent shall maintain, for a minimum
14 of three years, records describing the collection, transport and recycl-
15 ing of such single use plastic carryout bags and film plastic collected
16 by weight, provided that the manufacturer or its agents may weigh such
17 bags, film plastic and any other plastic resins at a regional collection
18 center. Such records shall be made available to the department upon
19 request, to demonstrate compliance with this title.
20 2. Manufacturers of compostable plastic bags sold to stores in the
21 state that are subject to the provisions of this title shall have print-
22 ed on the bag, in a manner visible to the consumer, the words "COMPOSTA-
23 BLE BAG -- DO NOT PLACE IN RECYCLING BIN". Provided however, such bags
24 may be sold or distributed for one year from the effective date of this
25 section to use the store's existing stock of compostable bags.
26 § 10. Section 27-2709 of the environmental conservation law, as
27 amended by chapter 481 of the laws of 2014, is amended to read as
28 follows:
29 § 27-2709. Department responsibility.
30 1. The department shall develop educational materials to [encourage
31 the reduction, reuse and recycling] inform the public of the prohibition
32 of single use plastic carryout bags and film plastic and shall make
33 those materials available to stores required to comply with this arti-
34 cle.
35 2. The department shall provide information regarding the availability
36 of recycling facilities and companies that recycle single use plastic
37 bags and film plastic, including the addresses and phone numbers of such
38 facilities and companies to stores required to comply with this article.
39 § 11. Section 27-2711 of the environmental conservation law is
40 REPEALED.
41 § 12. Section 27-2713 of the environmental conservation law is
42 REPEALED.
43 § 13. This act shall take effect on the first day of a quarterly sales
44 tax period, as set forth in subdivision (b) of section 1136 of the tax
45 law, next succeeding the ninetieth day after it shall have become a law,
46 and shall apply in accordance with the applicable transitional
47 provisions of section 1106 of the tax law; provided that sections two,
48 three and four of this act shall expire and be deemed repealed 5 years
49 after such effective date when upon such date the provisions of sections
50 five, six, seven, eight, nine, ten, eleven and twelve of this act shall
51 take effect. Provided, further, that the commissioner of parks, recre-
52 ation and historic preservation, in conjunction with the commissioner of
53 taxation and finance, shall take any actions necessary for the timely
54 implementation of this act on or before the date on which it shall have
55 become a law.
