This article shall be known as the "Albany County Reusable Shopping
Bag Incentive Act."
For purposes of this article, the following terms shall have
the meanings indicated below:
COVERED STORE
An establishment engaged in the retail sale of personal,
consumer, household items, including, but not limited to: drug stores,
pharmacies, grocery stores, supermarkets, convenience stores, foodmarts,
gas stations, hardware and home improvement stores, stationary and
office supply stores and food service establishments that provide
carryout bags to consumers. Covered stores also include all apparel,
clothing and shoe stores, including those in malls.
CUSTOMER
Any person obtaining goods from a covered store.
PERSON
Any natural person, firm, corporation, partnership or other
organization or group, however organized.
PAPER CARRYOUT BAG
Shall have the same meaning as set forth in New York State
Environmental Conservation Law § 27-2801.
RETAIL SALES
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmers' markets, flea
markets and restaurants. The term "retail sales" does not include
sales of goods at yard sales, tag sales or other sales by residents
at their homes.
REUSABLE BAG
Shall have the same meaning as set forth in New York State
Environmental Conservation Law § 27-2801.
[Amended 10-13-2020 by L.L. No. 8-2020]
A. In accordance with New York State Environmental Conservation Law
§ 27-2805, persons required to collect tax on tangible personal
property within Albany County shall charge consumers a paper carryout
reduction fee of $0.05 for each paper carryout bag that such persons
provide to consumers. On and after the effective date, all such persons
shall indicate on the receipt the number of paper carryout bags that
are provided to consumers and the fee charged for such bag.
B. The paper carryout bag reduction fee imposed by this article shall
not apply to any consumer using the supplemental nutritional assistance
program, special supplemental nutrition programs for women, infants
and children or any successor programs used as full or partial payment
for the items purchased.
C. Entities described in Paragraphs (1) through (3) of Subdivision (a)
of § 1116 of the Tax Law of the State of New York shall
be exempt from the fee imposed by this article.
[Amended 10-13-2020 by L.L. No. 8-2020]
A. Per New York Environmental Conservation Law § 27-2805,
40% of the fee shall be provided to Albany County for the purpose
of purchasing reusable bags for Albany County residents, particularly
those of low income or limited means.
B. The fee imposed by this article shall be administered and collected by the New York State Commissioner of Taxation and Finance as provided in Subsection 6 of § 27-2805 of the Environmental Conservation Law and in a like manner as the taxes imposed under Articles
28 and
29 of the Tax Law; provided, however that:
(1) The
vendor credit provided in Subdivision (f) of § 1137 of the
Tax Law shall not apply to this enactment; and
(2) The
exemptions provided in § 1116 of the Tax Law, other than
the exemptions in Paragraphs (1), (2) and (3) of Subdivision (a) of
such section, shall not apply to the fee imposed by this article.
C. Any monies received by Albany County from the New York State Comptroller
with respect to the fee imposed by this article shall be expended
only in accordance with Subdivision 7 of § 27-2805 of the
Environmental Conservation Law. Any monies not expended by Albany
County for such purposes shall be returned to the New York State Comptroller
at the end of the fiscal year.
Covered stores are prohibited from making a charge against,
or deduction from, the wages of an employee to offset any penalty
levied against the covered store pursuant to this article.
Upon the date of enactment, the Albany County Executive shall
designate a department within the Albany County government to immediately
begin work to put into place a model consumer education program with
the following goals:
A. Work collaboratively
with all covered stores (in particular the large grocery stores and
convenience stores) to hold Countysupported round-table discussions
at various locations around the County about how to best educate consumers
about the impending state plastic bag ban and the Albany County paper
bag fee.
B. Develop
educational marketing materials with a uniform message to help educate
Albany County residents about the impending bag ban/fee law. These
marketing materials shall include web-based informational campaigns
as well as signage for stores to utilize to educate consumers. Paid
advertising in highly trafficked locations, including billboards,
signage on buses, etc., shall also be considered.
C. Work with
covered stores to identify constituencies who may be late adopters
of using reusable bags. Once identified, special outreach shall be
made to these "late adopter" constituencies to encourage and facilitate
their adoption of using reusable bags. These efforts could include
outreach to social or employment centers that are frequented by the
"late adopter" populations and other outreaches. This effort may also
include the purchase of reusable bags by Albany County as a tool to
encourage adoption of the use of reusable bags by the "late adopters."
The County Executive shall ensure that information regarding this
article, its effective date, penalties and other relevant compliance
information shall be distributed via website and other electronic
means in order to ensure that Albany County's covered stores shall
be well-informed about all aspects of compliance and adherence. The
Albany County department that will oversee and implement this article
shall provide electronic templates regarding the imposition of the
bag fee that covered stores shall be able to print out and display
at points of sale. This template shall be easily downloadable from
the County website and hard copies shall be made available at the
Albany County Office Building for retail operators who need signage.
In addition, the Albany County department that will oversee this article
shall engage the business and retail community affected by this article
prior to the implementation date to provide technical and other assistance
and information, and shared approaches regarding compliance. These
outreaches to the business community shall include Countywide business
round tables.
[Amended 10-13-2020 by L.L. No. 8-2020]
Violations of this article shall be enforced pursuant to New
York State Environmental Conservation Law § 27-2807.
[Amended 10-13-2020 by L.L. No. 8-2020]
The effective date of this article will be December 1, 2020.