New York City Council Approves 5 Cent Fee on Plastic Bags, Effective Oct. 1

legislative intentIn the latest legislative news, New York will join California in its quest to go green while grocery shopping. In early May, New York’s City council convened, putting the final seal of approval on a citywide bill that will ban the free distribution of plastic grocery bags, instead requiring grocery stores and similar establishments to charge a five-cent fee to whoever needs plastic bags.

On Thursday, May 5, the City Council voted 28 to 20 on the bill that will require certain retailers to collect fees on each carryout bag taken. When it comes to federal law, President Obama has 10 days to veto or sign the bill once it has been passed. But in the case of state legislation, all it takes is the City Council’s approval. Additionally, Mayor Bill de Blasio expressed support for the legislature measure.

The bill came to be after two years of debate and multiple attempts by the city’s officials to either charge a fee or tax on disposable bags. Legislation modeled the laws from similar legislative history of plastic bag charge laws enacted in Washington and California.

As you may remember, California’s legislative history added a plastic bag ban in multiple states between the years of 2007 and 2016. Many of these are local ordinances with no universal state rules established just yet. Legislative research shows that plastic bag bans have proved to be beneficial for the environment and have been received positively by most.

It has been 200 years since the Constitution was established, and since then, it has been commonplace for state courts to look to legislative intent in order to construe state laws. As far as the plastic bag law goes, it will be interesting to see how legislative intent plays out in New York — how will citizens interpret the law? How will it affect low-income neighborhoods? Like most things in life and politics, only time will tell.