Establishes the "Nickels for Nature Act" requiring retailers to charge a five cent surcharge for every single use carryout bag which the retailer provides to customers to carry their purchases and provides a single five cent rebate to customers who provide at least one bag to carry their purchases.

---

S5885-2011 Actions

• Jan 5, 2012: PRINT NUMBER 5885A
• Jan 5, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Sep 9, 2011: REFERRED TO RULES

S5885-2011 Memo

BILL NUMBER:S5885

TITLE OF BILL:
An act
to amend the environmental conservation law, the parks, recreation and
historic preservation law, and the state finance law, in relation to
enacting the "nickels for nature" act

PURPOSE:
To establish a comprehensive program that provides a dedicated funding
stream for our state parks and historic sites and to incentivize
individuals to increase their utilization of reusable bags for the
purpose of mitigating the harmful effects caused by the use and
production of single use bags.

SUMMARY OF PROVISIONS:
Section 1: This act shall be known and may be cited as the "Nickels
for Nature act".

Section 2: Legislative findings and intent.

Section 3: Amends the environmental conservation law by adding a new
section 27-2710. This added section establishes a five cent surcharge
on single use bags and explains how the program shall function.
Additionally, the distribution of the collected surcharge is
separated into two separate used.
Two cents of each five cent surcharge imposed shall remain, untaxed,
with the retailer and the state shall collect three cents to be
placed into the "nickels for nature" fund. This section also contains
definitions and creates a schedule of punishments.

Section 4: Amends the parks, recreation and historic preservation law
by adding a new section 13.31 which creates the "nickels for nature"
fund. Authorizes utilization of such funds for capital expenditures.

Section 5: Amends the state finance law by adding a new section 99-u
to grant custody of funds to the commissioner of taxation and
finance. Restricts the comingling of such funds with any other moneys
in the custody of the commissioner of taxation and finance or any
usage of such funds without the authority of the commissioner of the
office of parks, recreation and historic preservation or his or her
designee.

Section 6: Effective date.

JUSTIFICATION:
State parks and historic sites provide an indispensible asset to our
greater community in terms of both economical and educational
benefits. Without appropriate maintenance the parks and historical
sites will fall into a state of disrepair rendering them
inaccessible. Accordingly, state parks and historic sites should be
provided with the necessary capital funding to allow for their
continued use and enjoyment. Moreover, singe use bags, both paper and
plastic, have a direct negative impact on the environment. Littering
our communities, filling our landfills, harming wildlife, and using
an already scarce resource of fossil fuels during their production.


An economic incentive to discourage the unnecessary use of single use
bags will help mitigate the aforementioned harmful effects.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S5885-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5885

                         2011-2012 Regular Sessions

                              I N  SENATE

                              September 9, 2011
                                 ___________

  Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
    printed to be committed to the Committee on Rules

  AN ACT to amend the environmental conservation law,  the  parks,  recre-
    ation  and  historic  preservation  law, and the state finance law, in
    relation to enacting the "nickels for nature" act

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  This  act shall be known and may be cited as the "Nickels
  for Nature act".
    S 2. Legislative  findings  and  intent.  The  legislature  finds  and
  declares  that  state  parks and historic sites provide an indispensable
  asset to our greater community, in terms  of  both  the  economical  and
  educational benefits. Without appropriate maintenance the aforementioned
  parks  and historical sites may fall into a state of disrepair rendering
  them inaccessible. Accordingly, state parks and historic sites should be
  provided with the necessary capital funding to allow for their continued
  and uninterrupted use.
    The legislature also finds and declares that  single  use  bags,  both
  paper  and plastic, distributed by New York retailers has a direct nega-
  tive impact on the environment, littering our communities,  filling  our
  landfills,  harming  wildlife,  and  using  an  extreme amount of fossil
  fuels. Recognizing that urgency of this matter  the  legislature  recom-
  mends that an economic incentive be put in place to encourage the use of
  reusable bags.
    It  is  hereby  declared  to  be  the public policy and in the  public
  interest of this state to establish a comprehensive program to provide a
  dedicated funding stream for our state parks and historic sites. Such  a
  dedicated funding stream should be devoted as supplemental to the exist-
  ing budget of the office of parks, recreation and historic preservation.
  The  funding  stream  should  be  created by imposing a five cent fee on
  single use bags as  well  as  a  rebate  program  where  funds  will  be

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13368-03-1

 S. 5885                             2

  collected  and  used  to fund capital projects in state parks as well as
  necessary and appropriate maintenance. In order to preserve and  improve
  the  system  of state parks and historic sites, the "Nickels for Nature"
  surcharge  on single use carryout bags and the "Nickels for Nature" fund
  are hereby established.
    S 3. The environmental conservation law is amended  by  adding  a  new
  section 27-2710 to read as follows:

  S 27-2710. SURCHARGE ON SINGLE USE CARRYOUT BAGS.
    1.  NOTWITHSTANDING  ANY  OTHER  TAX, FEE OR SURCHARGE IMPOSED BY THIS
  ARTICLE OR ANY OTHER LAW, THERE IS HEREBY IMPOSED  AND  THERE  SHALL  BE
  PAID A FIVE CENT SURCHARGE ON EACH SINGLE USE CARRYOUT BAG PROVIDED TO A
  CUSTOMER  BY  A  RETAILER  REQUIRED  TO  COLLECT  TAX  IN  A STORE FRONT
  LOCATION. TWO CENTS OF EACH FIVE CENT SURCHARGE  IMPOSED  SHALL  REMAIN,
  UNTAXED, WITH THE RETAILER AND THE STATE SHALL COLLECT THREE CENTS TO BE
  PLACED  INTO THE NICKELS FOR NATURE FUND ESTABLISHED PURSUANT TO SECTION
  NINETY-NINE-U OF THE STATE FINANCE  LAW;  PROVIDED,  HOWEVER,  THAT  THE
  RETAILER  SHALL PROVIDE A REBATE OF FIVE CENTS TO THE CUSTOMER WHERE THE
  CUSTOMER PROVIDES HIS OR HER OWN BAGS TO CONTAIN HIS OR  HER  PURCHASES.
  THE  REBATE  SHALL  BE  LIMITED TO ONE FIVE CENT REBATE PER TRANSACTION,
  REGARDLESS OF THE NUMBER OF BAGS THE CUSTOMER PROVIDES.
    2. FOR PURPOSES OF THIS SECTION:

    (A) "SINGLE USE CARRYOUT BAG"  SHALL  MEAN  A  PAPER  OR  PLASTIC  BAG
  PROVIDED  TO  A  CUSTOMER AT THE POINT OF SALE BY A RETAILER REQUIRED TO
  COLLECT TAX IN A STORE FRONT LOCATION AND INTENDED FOR A SINGLE USE  FOR
  CARRYING  TANGIBLE  PERSONAL PROPERTY PURCHASED. SINGLE USE CARRYOUT BAG
  SHALL NOT INCLUDE BAGS USED BY CUSTOMERS INSIDE  STORES  AS  PRODUCT  OR
  PRODUCE BAGS INCLUDING:

    (I) BAGS THAT COME IN CONTACT DIRECTLY WITH THE PRODUCT;
    (II) BAGS USED TO CONTAIN FOODS, SUCH AS MEAT, POULTRY, FISH, OR OTHER
  PRODUCTS,  PRIMARILY  TO  PREVENT  LEAKAGE  OR  CONTAMINATION  OF  OTHER
  PRODUCTS;
    (III) FLOWERS, POTTED PLANTS OR OTHER ITEMS WHERE DAMPNESS  MAY  BE  A
  PROBLEM;
    (IV) BAGS PROVIDED BY PHARMACISTS TO CONTAIN PRESCRIPTION DRUGS; OR
    (V)  NEWSPAPER BAGS, DOOR-HANGER BAGS, DRY CLEANING BAGS, OR BAGS SOLD
  IN PACKAGES CONTAINING MULTIPLE BAGS, SUCH AS THOSE INTENDED FOR USE  AS
  GARBAGE, PET WASTE, OR YARD WASTE BAGS.
    (B)  "REUSABLE BAG" SHALL MEAN A BAG WITH HANDLES THAT IS SPECIFICALLY
  DESIGNED AND MANUFACTURED FOR  MULTIPLE  REUSE  AND  MEETS  ALL  OF  THE
  FOLLOWING REQUIREMENTS:

    (I)  HAS A MINIMUM LIFETIME OF ONE HUNDRED TWENTY-FIVE USES, WHICH FOR
  THE PURPOSES OF THIS SECTION, MEANS THE CAPABILITY OF CARRYING A MINIMUM
  OF TWENTY-TWO POUNDS ONE HUNDRED TWENTY-FIVE TIMES OVER A DISTANCE OF AT
  LEAST ONE HUNDRED SEVENTY-FIVE FEET;
    (II) IS MACHINE WASHABLE OR IS  MADE  FROM  A  MATERIAL  THAT  CAN  BE
  CLEANED OR DISINFECTED;
    (III)  DOES  NOT  CONTAIN  LEAD,  CADMIUM, OR ANY OTHER HEAVY METAL IN
  TOXIC AMOUNTS, AS DEFINED BY APPLICABLE STATE AND FEDERAL STANDARDS  AND
  REGULATIONS FOR PACKAGING OR REUSABLE BAGS;
    (IV)  HAS  PRINTED ON THE BAG, OR ON A TAG THAT PERMANENTLY AFFIXED TO
  THE BAG, THE NAME OF THE MANUFACTURER, THE LOCATION WHERE  THE  BAG  WAS
  MANUFACTURED,  A  STATEMENT THAT THE BAG DOES NOT CONTAIN LEAD, CADMIUM,
  OR ANY OTHER HEAVY METAL IN TOXIC AMOUNTS; AND
    (V) IS MADE OF PLASTIC THAT IS A MINIMUM OF AT LEAST 2.25 MILS THICK.
    3. RETAILERS IN STORE FRONT LOCATIONS ARE HEREBY REQUIRED TO COLLECT A
  SURCHARGE OF FIVE CENTS FOR EACH SINGLE USE CARRYOUT BAG PROVIDED  TO  A

 S. 5885                             3

  CONSUMER  BY  THE  RETAILER;  PROVIDED,  HOWEVER,  THAT  IF THE CONSUMER
  PROVIDES ANY BAG, WHETHER REUSABLE OR  NOT  THEY  ARE  ENTITLED  TO  ONE
  REBATE  OF  FIVE CENTS PER TRANSACTION, REGARDLESS OF THE NUMBER OF BAGS
  THE  CONSUMER  PROVIDES.  THE RETAILER SHALL ALSO BE REQUIRED TO PROVIDE
  REUSABLE BAGS, AS DEFINED BY THIS SECTION, FOR PURCHASE AT A  REASONABLE
  PRICE AND SHALL CLEARLY DISPLAY THE BAG SURCHARGE AND REBATE POLICY. THE
  SURCHARGES  RETAINED  BY THE RETAILER PURSUANT TO THIS SECTION SHALL NOT
  BE CLASSIFIED AS REVENUE AND SHALL BE TAX EXEMPT.
    4. (A) EVERY RETAILER REQUIRED TO COLLECT  THE  FEE  IMPOSED  BY  THIS
  SECTION  SHALL  COLLECT THE FEE FROM THE CUSTOMER AT THE TIME THE SINGLE
  USE CARRYOUT BAG IS PROVIDED. IF THE CUSTOMER IS  GIVEN  A  SALES  SLIP,
  INVOICE,  RECEIPT,  OR  OTHER  STATEMENT  OR  MEMORANDUM OF THE PRICE OR
  CHARGE OF THE PURCHASE, SUCH DOCUMENT SHALL STATE THE NUMBER  OF  SINGLE
  USE  CARRYOUT  BAGS  PROVIDED  TO THE CUSTOMER AND THE AMOUNT OF THE FEE
  IMPOSED BY THIS SECTION, ALONG WITH ANY REBATE FOR PROVIDING A  BAG,  AS
  SHOWN  SEPARATELY  FROM THE PURCHASE PRICE OR CHARGE AND SEPARATELY FROM
  ANY OTHER FEE OR TAX IMPOSED BY ANY OTHER LAW.
    (B) EVERY RETAILER REQUIRED TO COLLECT THE FEE IMPOSED BY THIS SECTION
  SHALL COLLECT AND RETAIN FOR A PERIOD OF THREE YEARS INFORMATION RELATED
  TO THE SURCHARGES AND REBATES OF SINGLE USE CARRYOUT BAGS.
    5. FAILURE TO COMPLY WITH THIS SECTION:

    (A) FOR THE FIRST VIOLATION, A WRITTEN WARNING SHALL BE ISSUED TO  THE
  RETAILER  THAT A VIOLATION HAS OCCURRED. NO FINE SHALL BE ISSUED FOR THE
  FIRST VIOLATION.
    (B) FOR ANY SUBSEQUENT VIOLATION,  WHERE  THE  RETAILER  CONTINUES  TO
  VIOLATE  THE  REQUIREMENTS OF THIS ACT SUBSEQUENT TO RECEIVING A WRITTEN
  WARNING, THE COMPTROLLER SHALL ISSUE A FINE TO THE RETAILER  IN  ACCORD-
  ANCE WITH THE FOLLOWING SCHEDULE:

    (I)  UP  TO  ONE HUNDRED DOLLARS FOR THE FIRST VIOLATION IN A CALENDAR
  YEAR;
    (II) UP TO TWO HUNDRED DOLLARS FOR THE SECOND VIOLATION  IN  THE  SAME
  CALENDAR YEAR; AND
    (III)  UP TO FIVE HUNDRED DOLLARS FOR EACH ADDITIONAL VIOLATION IN THE
  SAME CALENDAR YEAR.
    (C) NO MORE THAN ONE FINE SHALL BE ISSUED TO  A  RETAIL  ESTABLISHMENT
  WITHIN A SEVEN-DAY PERIOD.
    (D)  PAYMENT  OF  FINES  SHALL BE RECEIVED BY THE COMPTROLLER NO LATER
  THAN FIFTEEN CALENDAR DAYS FROM RECEIVING THE PENALTY. IF PAYMENT OF ANY
  FINES DUE UNDER THIS SECTION IS NOT RECEIVED BY OR BEFORE THE DUE  DATE,
  A  PENALTY  SHALL  BE  ADDED.  INTEREST  OF ONE-HALF OF ONE PERCENT WILL
  ACCRUE EVERY MONTH, COMPOUNDED MONTHLY, AFTER THE DUE DATE HAS PASSED.
    (E) REVENUES COLLECTED FOR VIOLATION OF THIS ACT SHALL  ONLY  BE  USED
  FOR  ENFORCEMENT  COSTS INCLUDING HIRING INSPECTORS AND OTHER STAFF, AND
  ADMINISTRATIVE COSTS ASSOCIATED WITH ENFORCEMENT OF THIS ACT.
    S 4. The parks, recreation and historic preservation law is amended by
  adding a new section 13.31 to read as follows:

    S 13.31 NICKELS FOR NATURE FUNDS. THE COMMISSIONER  IS  AUTHORIZED  TO
  UTILIZE FUNDS DEPOSITED INTO THE NICKELS FOR NATURE FUND, AS ESTABLISHED
  PURSUANT  TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW, FOR CAPITAL
  EXPENDITURES AT STATE PARKS AND HISTORIC SITES.
    S 5. The state finance law is amended by adding a new section 99-u  to
  read as follows:

    S 99-U. NICKELS FOR NATURE FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
  CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL ACCOUNT TO
  BE KNOWN AS THE "NICKELS FOR NATURE FUND".

 S. 5885                             4

    2.  ALL  MONIES  RECEIVED  BY THE COMMISSIONER OF TAXATION AND FINANCE
  PURSUANT TO SECTION 27-2710 OF THE ENVIRONMENTAL  CONSERVATION  LAW  AND
  ANY OTHER REVENUES COLLECTED FOR OR APPROPRIATED TO THE FUND PURSUANT TO
  ANY  OTHER LAW SHALL BE DEPOSITED HEREIN TO THE EXCLUSIVE CREDIT OF SUCH
  FUND  ACCOUNT.  SAID  MONEYS  SHALL  BE  KEPT  SEPARATE AND SHALL NOT BE
  COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE  COMMISSIONER  OF
  TAXATION  AND FINANCE. NO MONIES MAY BE TRANSFERRED FROM THIS ACCOUNT TO
  ANY OTHER ACCOUNT EXCEPT BY THE AUTHORITY OF  THE  COMMISSIONER  OF  THE
  OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.
    3.  THE MONEYS IN SAID ACCOUNT SHALL BE RETAINED BY THE FUND AND SHALL
  BE RELEASED BY THE COMMISSIONER OF TAXATION AND FINANCE ONLY AS  AUTHOR-
  IZED BY THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION,
  OR  HIS  OR  HER DESIGNEE AND ONLY FOR THE PURPOSES SET FORTH IN SECTION
  13.31 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW.
    S 6. This act shall take effect immediately.