NYC Bag Fee Blocked By State Legislature

NEW YORK CITY, NY — The New York Assembly passed legislation Tuesday blocking the implementation of New York City's new five cent fee on paper and plastic bags, one day after the bill was also passed by the State Senate. The legislation now heads to Gov. Andrew Cuomo's desk for consideration. Cuomo's office did not immediately comment Tuesday on the bill.

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The City Council passed its bag fee last May, though an additional bill backed backed up its implementation to August.

But the legislation Albany lawmakers just sent to Cuomo — S4158 in the Senate and A4883 in the Assembly — stops the bill dead by implementing "a moratorium on the adoption and/or implementation of any local law or ordinance, or any rule or regulation, by a city with a population of one million or more, related to charging a fee for carryout merchandise bags ("carryout bags") or a fee of similar effect."

The law would go into effect on Feb. 15 if signed by the governor.

Opposition to the city's bag fee has been lead by Staten Island Assemblyman Michael Cusick and Brooklyn State Senator Simcha Felder.

"We believe that New Yorkers are the greatest people in the world — hard-working people who want to do the right thing," Felder said in a Monday statement. "We will continue to be diligent and not allow New Yorkers to be over-fined, over-ticketed, and over-taxed.”

Brooklyn Councilman Brad Lander and Manhattan Councilwoman Margaret Chin, two of the Council's leaders on the bag fee, released a statement Tuesday criticizing Albany's actions.

"We are disappointed with the Assembly decision to ignore the unified voice of New York’s environmental, climate justice and neighborhood groups — at the very moment the federal government is rolling back environmental protections," the statement read. "We appeal to Governor Cuomo to help us reach a compromise that would allow New York City to try out this effective, common-sense strategy for dealing with the 10 billion plastic bags that pollute our trees, oceans and landfills every year."

Kathryn Garcia, who heads the city's Department of Sanitation, testified that each year, 91,000 tons of single-use paper and plastic bags wind up in city landfills, while an estimated 9.37 billion plastic bags are used in New York City each year.

Under the City Council's bill, retailers would keep the 5 cent charge placed on non-reusable bags. The legislation exempted certain categories of bags, including those containing food that isn't pre-packaged, some garments and drugs.

The City also agreed to conduct large-scale reusable bag giveaways prioritizing low-income areas, with the stated goal of getting reusable bags into the hands of New Yorkers so they wouldn't have to pay the fee.

Lander told Patch that opponents of the bag bill "just don't care" about finding a way to reduce the use of non-reusable bags, and "have no plan" for how to do so.

Felder denied that charge, and suggested that the city could take a different tact, such as encouraging the use of reusable bags by giving shoppers a nickel for every such bag that they use.

On Tuesday, Yehudah Meth, a spokesman for Felder, said the legislator "is always open to work with his City Council colleagues on crafting legislation that protects average New Yorkers and the environment," adding that Felder "would welcome discussions with the City Council when they have specifics to discuss."

Top photo by Kate Ter Harr on Flickr