[Adopted 11-12-2019 by L.L. No. 5-2019]
This article shall be known as the "Albany County Reusable Shopping Bag Incentive Act."
A. 
The Albany County Legislature hereby finds and determines that it is imperative that the use and reliance on single-use plastic shopping bags must be reduced and, ultimately, eliminated. Further, the data and evidence supporting the massive proliferation of single-use plastic bags in Albany County, the State of New York and in our nation is troubling and the future of our planet depends on legislative bodies such as the Albany County Legislature taking proactive steps to mitigate and eliminate the unnecessary usage of single-use plastic bags in Albany County.
B. 
Environmental impact:
(1) 
The Environmental Protection Agency's data indicates that between 500 billion and one trillion plastic bags are consumed worldwide each year. The United States is purportedly responsible for using approximately 100 million to 260 million plastic bags annually. To manufacture 100 billion plastic bags, 12 million barrels of oil are required. The production and disposal of single-use plastic bags has significant environmental consequences and impacts, including the contamination of the environment, the depletion of natural resources, the use of nonrenewable polluting fossil fuels and increased clean-up and disposal costs and challenges.
(2) 
It is now believed that there are 5.25 trillion pieces of plastic debris in the ocean. Of that mass, 269,000 tons float on the surface, while some four billion plastic microfibers per square kilometer litter the deep sea. Ocean debris, which predominantly consists of plastic pollution, has dire consequences for ocean mammals and birds, which commonly mistake plastic bags for food. Plastic bags have been found in the intestines and stomachs of marine life, and one in three leatherback sea turtles have been found with plastic in their stomachs. Plastic ocean debris is responsible for killing an estimated 1,000,000 seabirds and 100,000 ocean mammals each year. At least 267 different species have been negatively affected by plastic pollution, including plastic bags.
C. 
Over-reliance on plastic. The average American family takes home almost 1,500 single-use plastic bags each year, and a single-use plastic bag is used for an average of 12 minutes. Other data suggests that an average family accumulates 60 plastic bags in only four trips to the grocery store. The average American recycles one plastic bag out of every 200 used.
D. 
The Albany County Legislature applauds Governor Cuomo and New York State for their inclusion in the 2019 New York State Budget of the "New York State Bag Waste Reduction Act" and further intends to take steps to institute a paper bag fee to ensure that bag waste is further reduced. The Albany County Legislature is concerned that, without the imposition of a fee, along with the creation and implementation of aggressive efforts to educate consumers to change behavior to begin using reusable bags, Albany County will experience a new environmental problem that results from the overuse of paper bags. This will yield to increased landfill use for the increase in paper bag usage, prices in local grocery and convenience stores increasing due to the increased costs associated with a move from plastic to paper bags and other potential unintended negative consequences.
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.
PAPER CARRYOUT REDUCTION FEE
Shall have the same meaning as set forth in New York State Environmental Conservation Law § 27-2805.
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.
A. 
All covered stores shall post signs at or near the point of sale located in such covered stores to notify customers of the provisions of this article. Covered stores shall also indicate in signage that recyclable paper bags will be available for a charge of $0.05 per recyclable paper bag.
B. 
Covered stores must make available, on the customer receipt, the itemized number of recyclable or reusable bags used, on the sales receipt, including online receipts.
C. 
No covered store shall provide a credit to any person specifically for the purpose of offsetting or avoiding the carryout bag charge required by this article.
D. 
Covered stores shall be encouraged to work with organizations seeking to donate reusable bags for customer use that would allow for wide, free distribution of free reusable bags.
E. 
Covered stores shall also be encouraged to adopt "leave-a-bag-take a-bag" initiatives that encourage consumer engagement on the use of reusable bags and that aim to enable wide adoption in communities with a high proportion of customers with limited incomes.
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."
A. 
The Albany County Executive shall deem the appropriate department within Albany County Government to oversee the enforcement, implementation of regulations and other guidance to secure the successful implementation of this article. Further, the County Executive shall inform the Legislature of his/her recommendation to ensure enforcement of this article.
B. 
In addition, on an annual basis, the department selected by the Albany County Executive to oversee and implement this article shall prepare an annual recycling report that includes information detailing the success of the effort to eliminate the commercial use of plastic bags and includes information such as:
(1) 
The effectiveness of this article in reducing the use of paper bags;
(2) 
The landfill space that is affected by the use of paper bags;
(3) 
The number of notices of violation issued pursuant to this article.
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.[1]
[1]
Editor's Note: Original Section 10 of L.L. No. 5-2019, Reverse preemption, which followed this section, was repealed 10-13-2020 by L.L. No. 8-2020.
[Amended 10-13-2020 by L.L. No. 8-2020]
The effective date of this article will be December 1, 2020.