Cuomo Blocks City Council's Plastic Bag Fee, Calling It 'Deeply Flawed'

ALBANY, N.Y. (CBSNewYork/AP) -- New York Gov. Andrew Cuomo has blocked New York City Council's fee on non-reusable shopping bags just hours before it was supposed to take effect.

Cuomo on Tuesday approved a measure forbidding the city from placing any fees on disposable shopping bags until at least next year. The state Assembly and Senate both voted to block the 5-cent fee last week.

Cuomo called the fee "deeply flawed" because it would allow store owners to keep the profit.

"Most objectionable is that the law was drafted so that merchants keep the five cent fee as profit, instead of the money being used to solve the problem of plastic bags' environmental impact – essentially amounting to a $100 million per year windfall to merchants," the governor said in a statement.

Mayor Bill de Blasio had championed the bag fee as a way to reduce litter and protect the environment.

Critics say overruling the city is an example of government overreach.

"As a proud supporter of the city's Bring Your Own Bag Law and a city government veteran, I have to say: I've seen too many good ideas killed in Albany. I'm disappointed by this latest attack on the city's home rule authority and the governor's decision not to veto it," Manhattan Borough President Gale Brewer said in a statement. "That said, I'm encouraged that Governor Cuomo is committing to take on this issue statewide."

As WCBS 880's Alex Silverman reported, City Councilman Brad Lander (D-39th) said Cuomo's move was unconstitutional.

"The legislature is not supposed to pass laws that target individual cities or towns. That's what the state constitution says," Lander said. "But this law does it any way."

Lander said the council will consider a court challenge.

"You know that's an issue that goes beyond plastic bags, so we have to take a real good hard look at that first," he said.

Cuomo announced a task force to address the environmental impact of plastic bags by the end of the year.

(TM and © Copyright 2017 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2017 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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