[HISTORY: Adopted by the City Council of the City of Troy
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-5-2019 by Ord. No. 73]
A.
Polystyrene products, plastic straws, and plastic bags have caused
and continue to cause significant environmental harm and have burdened
local governments with significant environmental cleanup costs as
well as waste costs.
B.
Plastics and other materials synthesized from petroleum and natural
gas do not biodegrade. Even with the emergence of bioplastics, which
are derived from renewable biomass sources, such as plants and microorganisms,
there is no certified type of bioplastic that biodegrades in a marine
environment.
C.
The purpose of this article is to eliminate the use of polystyrene
foam food service ware, to reduce the use of plastic straws, and to
support New York State's ban on plastic bags, while working to
decrease the overall waste stream by opting in to the five-cent fee
on paper bags provided for under § 27-2805 of the state
Environmental Conservation Law.
As used in this article, the following terms shall have the
meanings indicated:
An establishment engaged in the retail sale of personal,
consumer, household items, including but not limited to: drugstores,
pharmacies, grocery stores, supermarkets, convenience stores, foodmarts,
gas stations, hardware and home improvement stores, stationery and
office supply stores and food service establishments that provide
carry-out bags to consumers. Covered stores also include all apparel,
clothing and shoe stores, including those in malls.
Any person obtaining goods from a covered store.
A place where prepared food is provided for individual portion
service directly to a customer, whether consumption occurs on or off
the premises.
A paper bag, other than an exempt bag, that is provided to
a customer by a person required to collect tax to be used by the customer
to carry tangible personal property, regardless of whether such person
required to collect tax sells any tangible personal property or service
to the customer, and regardless of whether any tangible personal property
or service sold is exempt from tax under Article 28 of the Tax Law.
Any vendor of tangible personal property subject to the tax
imposed by Subdivision (a) of Section 1105 of the Tax Law.
Any blown polystyrene, expanded, or extruded foams (commonly
referred to as Styrofoam) which are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by a number of techniques,
including but not limited to: fusion of polymer spheres (expandable
bead polystyrene), injection molding, form molding, and extrusion
blow molding (extruded from polystyrene). It shall also include clear
or solid polystyrene, known as "oriented polystyrene."
A paper bag that contains no old growth fiber; is 100% recyclable
overall and contains a minimum of 50% post-consumer recycled content.
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.
All bowls, plates, cartons, cups, and other containers, trays,
or items intended for single use or in which any food service establishment
places and/or packages food or provides to customers to do so, or
any of which is to be used by customers to consume food. This includes,
but is not limited to, service ware used for takeout or leftovers
from partially consumed meals prepared for consumption at a specific
location.
A single-use, disposable tube made predominantly of plastic
derived from either petroleum or biologically based polymer, such
as corn or other plant sources, used to transfer a beverage from a
container to the mouth of the person drinking the beverage. "Single-use
plastic straw" shall not include a straw made from nonplastic materials,
including, but not limited to, paper, pasta, sugar cane, wood, or
bamboo, or a straw expressly marketed as and intended for reuse.
A.
Food service establishments, including franchises, are prohibited
from using single-use food service ware made of polystyrene foam.
B.
Food service establishments with two or fewer locations may apply
with the City of Troy for a one-year nonrenewable exemption to the
prohibition on using single-use food service ware made of polystyrene
foam.
C.
The retail sales of single-use food service ware made of polystyrene
foam by covered stores, including franchises, is prohibited.
D.
Covered stores with two or fewer locations may apply with the City
of Troy for a one-year nonrenewable exemption to the prohibition of
the retail sales of single-use food service ware made of polystyrene
foam.
E.
Food service establishments and covered stores may use or sell their
existing inventory of polystyrene foam single-use service ware until
the effective date of this act or one year thereafter for those who
have received a waiver.
F.
The City of Troy will provide those food establishments and covered
stores that receive a one-year nonrenewable waiver with signage disclosing
that waiver, which must be displayed in a public location.
A.
Food service establishments shall only provide plastic straws upon
request to customers.
B.
The City of Troy shall issue guidance and educational materials to
food service establishments on signage with respect to communicating
to customers that they can ask for plastic straws where such establishments
provide them upon request.
A.
On and after March 1, 2020, there shall be a paper carry-out bag
reduction fee of $0.05 imposed on each paper carry-out bag provided
by any person required to collect tax from a customer.
B.
Any sales slip, invoice, receipt or other statement of price furnished
by a person required to collect tax to a customer shall separately
state and make payable the paper carry-out bag reduction fee and shall
state the number of paper carry-out bags provided to the customer.
C.
Pursuant to paragraph (c) of Subdivision 1 of § 27-2805
of the Environmental Conservation Law, the transfer of a paper carry-out
bag to a customer by a person required to collect tax shall not constitute
a retail sale, and the fee imposed on paper carry-out bags pursuant
to this section shall not constitute a receipt for the sale of tangible
personal property.
D.
Pursuant to Subdivision 4 of § 27-2805 of the Environmental
Conservation Law, the paper carry-out bag reduction fee shall be reported
and paid by a person required to collect tax to the New York state
Commissioner of Taxation and Finance, accompanied by a return in the
form and containing the information prescribed by such Commissioner,
on a quarterly basis on or before the 20th day of the month following
each quarterly period ending on the last day of February, May, August
and November, respectively.
E.
Exemptions.
(1)
Pursuant to Subdivision 3 of § 27-2805 of the Environmental Conservation Law, the paper carry-out bag reduction fee imposed pursuant to § 189-4 shall not apply to any customer using the Supplemental Nutrition Assistance Program, Special Supplemental Nutrition Program for Women, Infants and Children, or any successor programs used as full or partial payment for the items purchased.
(2)
Pursuant to subparagraph (1) of paragraph (b) of Subdivision 6 of
§ 27-2805 of the Environmental Conservation Law, the exemptions
provided for 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 paper carry-out bag reduction fee imposed pursuant
to this section.
F.
A person required to collect a tax shall only provide a recyclable
paper bag in the transfer of a paper carry-out bag.
Any food service establishment or covered store found to be in violation of the provisions of this article, with the exemption of § 189-4, for which the penalties are outlined under § 27-2807 of the state Environmental Conservation Law and are enforced by the New York State Department of Agriculture and Markets and Attorney General, shall be liable for a civil penalty. Such a penalty will be imposed upon the findings of an investigation by the City of Troy following notice of a potential violation. Such a penalty will be payable to the City of Troy pursuant to the following penalty structure:
A.
Any covered store or food service establishment found to be in violation
of the provisions of this law a first time shall be issued a written
warning.
B.
Any covered store or food service establishment found to be in violation
of the provisions of this law a second time shall be liable for a
civil penalty not to exceed $100.
C.
Any covered store or food service establishment found to be in violation
of the provisions of this law a third time shall be liable for a civil
penalty not to exceed $250.
D.
Any covered store or food service establishment found to be in violation
of the provisions of this law a fourth time shall be liable for a
civil penalty not to exceed $500.
E.
For each subsequent violation, daily fines of $100 shall be instituted
and applied for violations of this article until compliance is achieved.
F.
All fines collected for violations of this article shall be used
to offset any costs of compliance and oversight of adherence to this
article or to address the costs to the City associated with waste
removal and recycling.
Any section of this article shall be null and void on the day
that a Rensselaer County or statewide law is in effect, incorporating
either the same or substantially similar provisions as are contained
in this article or in the event that a relevant county, state or federal
administrative agency issues and promulgates regulations preempting
such action by the City of Troy. The Troy City Council shall determine
by resolution whether or not the identical or substantially similar
county or statewide law or relevant preemptive county, state or federal
regulations have been enacted for the purposes of triggering the provisions
of this section.
Within five days of the enactment of this article, the City
Clerk shall mail a certified copy of this article by registered or
certified mail to the New York State Commissioner of Taxation and
Finance and file a certified copy of this article with the New York
State Tax Commission, the Secretary of State, the New York State Comptroller,
the Rensselaer County Executive, and the Rensselaer County Legislature
pursuant to Subdivisions (iv)(d) and (e) of § 1210 of the
Tax Law.
This article takes effect on March 1, 2020, except that the
City of Troy and its employees may take such measures as are necessary
for its implementation prior to such effective date.
