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A08359 Summary:

BILL NOA08359
 
SAME ASSAME AS S07507-A
 
SPONSORKelles
 
COSPNSR
 
MLTSPNSR
 
Add Art 27 Title 16 §§27-1601 - 27-1607, En Con L
 
Bans paper receipts for certain purchases; requires businesses to provide proof of purchase electronically, unless a proof of purchase is otherwise required by state or federal law.
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A08359 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8359
 
SPONSOR: Kelles
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to banning paper receipts for certain purchases and requiring businesses to provide proof of purchases electronically   PURPOSE: This bill would help conserve resources and reduce the generation of single-use paper receipts.   SUMMARY OF PROVISIONS: Sec. 1- of this bill would add a new section 27-1601 to the environ- mental conservation law (Ea) requiring after January 1, 2028, for a paper receipt to be provided to a consumer by a business only at the consumer's option. Violations of this section shall be punishable by $20 per violation following a warning, not to exceed $300 annually. Sec. 2 - states the effective date.   JUSTIFICATION: Many shoppers find paper receipts unnecessary and discard them before they even leave the store. Businesses have started to take steps to address unnecessary paper receipts by looking at different applications that allow for the electronic transmission of receipts. This new tech- nology has allowed consumers to receive their receipt through either a text message or an e-mail. The applications are more convenient and better for the environment. In the United States, paper receipt production uses an estimated 12.4 million trees, 13.2 billion gallons of water, and emits 4 billion pounds of CO2 each year. Point-of-sale receipts are also so thin that they rarely contain any recycled materials. Requiring consumers to request a paper receipt is intended to reduce the number of paper receipts gener- ated, which will conserve the resources needed to make the receipts and reduce unnecessary paper waste. While recycling is vital to the environ- ment, it is even more important for New York to make progress towards reducing single-use materials.   LEGISLATIVE HISTORY: 2023-2024: S7940 - died in Environmental Conservation 2021-2022: S771 - died in Environmental Conservation 2019-2020: S6090 - died in Environmental Conservation   FISCAL IMPLICATIONS: to be determined   EFFECTIVE DATE: immediately
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A08359 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8359
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2025
                                       ___________
 
        Introduced by M. of A. KELLES -- read once and referred to the Committee
          on Environmental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          banning paper receipts for certain purchases and requiring  businesses
          to provide proof of purchases electronically

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 16 to read as follows:
     3                                  TITLE 16
     4                           PAPER RECEIPT REDUCTION
     5  Section 27-1601. Definitions.
     6          27-1603. Paper receipt ban.
     7          27-1605. Violations.
     8          27-1607. Preemption of local law.
     9  § 27-1601. Definitions.
    10    As used in this title:
    11    1. "Business" means a company that accepts payment through  credit  or
    12  debit transactions. "Business" does not include a health care provider.
    13    2.  "Consumer"  means  a  person who purchases, and does not offer for
    14  resale, food, alcohol, other tangible personal property, or services.
    15    3. "Electronic form" includes, but is not  limited  to,  a  form  sent
    16  through email or text message.
    17    4.  "Invoice"  means  an  itemized  list of goods or services provided
    18  before or after the point of sale through a contract stating the  amount
    19  due.
    20    5.  "Proof  of  purchase" means a receipt for the retail sale of food,
    21  alcohol, or other tangible personal property, or for  the  provision  of
    22  services,  provided  at  the  point  of  sale,  but  does not include an
    23  invoice.
    24  § 27-1603. Paper receipt ban.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11707-03-5

        A. 8359                             2
 
     1    1. On and after January first, two thousand twenty-eight, a  proof  of
     2  purchase  shall  be  provided  to  a  consumer by a business only at the
     3  consumer's option, unless a proof of purchase is otherwise  required  to
     4  be given to the consumer by state or federal law.
     5    2.  On  and  after  January  first, two thousand twenty-eight, a paper
     6  proof of purchase shall not be printed  if  the  consumer  opts  to  not
     7  receive  a  proof  of  purchase,  unless  otherwise required by state or
     8  federal law.
     9    3. (a) On and after January first, two thousand thirty, if a  consumer
    10  opts  to receive a proof of purchase pursuant to subdivision one of this
    11  section, the proof of purchase shall be provided in electronic  form  or
    12  paper form, at the consumer's option, unless a prescribed form is other-
    13  wise required by state or federal law.
    14    (b)  Notwithstanding  paragraph (a) of this subdivision, a business is
    15  not required to provide an electronic  proof  of  purchase  if,  due  to
    16  limited internet connectivity, a power outage, or other unexpected tech-
    17  nical  difficulties,  the business is incapable of sending an electronic
    18  proof of purchase.
    19    4. Notwithstanding any provision of this section to the contrary,  for
    20  businesses  with  a  gross  revenue  of five million dollars per year or
    21  less, the requirements of subdivisions one and two of this section shall
    22  be effective January first, two thousand thirty, and the requirements of
    23  subdivision three of this section shall be effective January first,  two
    24  thousand thirty-two.
    25  § 27-1605. Violations.
    26    1.  Any  business  who shall violate any provision of this title shall
    27  receive a warning notice for the first such violation. A business  shall
    28  be liable to the state of New York for a civil penalty of twenty dollars
    29  for  each  violation after receiving a warning, but such penalties shall
    30  not to exceed three hundred dollars annually. A hearing  or  opportunity
    31  to  be  heard  shall  be  provided  prior to the assessment of any civil
    32  penalty.
    33    2. The department and the attorney general are  hereby  authorized  to
    34  enforce the provisions of this title.
    35  § 27-1607. Preemption of local law.
    36    Jurisdiction  in  all  matters  pertaining  to paper proof of purchase
    37  restrictions as defined in this  title  is  vested  exclusively  in  the
    38  state.
    39    § 2. This act shall take effect immediately.
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