S T A T E O F N E W Y O R K
________________________________________________________________________
6937
2009-2010 Regular Sessions
I N A S S E M B L Y
March 17, 2009
___________
Introduced by M. of A. JAFFEE, GUNTHER, COLTON, SPANO, LUPARDO, GALEF,
KELLNER, EDDINGTON -- Multi-Sponsored by -- M. of A. BRENNAN, GIGLIO,
GLICK, GOTTFRIED, REILLY, SKARTADOS, WALKER, WEISENBERG -- read once
and referred to the Committee on Environmental Conservation
AN ACT to establish a temporary state commission on disposable merchan-
dise bags to examine and assess means to reduce the adverse impact of
such bags on the environment; and providing for the repeal of such
provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. A temporary state commission on disposable merchandise bags
is hereby established, within the department of environmental conserva-
tion, to examine, evaluate and make recommendations concerning means to
reduce the adverse impact of such bags on the environment. The commis-
sion shall, at a minimum, identify ways to:
(a) reduce the amount of litter caused by disposable plastic and paper
merchandise bags, whether such bags are discarded by consumers, released
while being stored or transported to a solid waste facility or after
disposal at a solid waste facility;
(b) minimize the harm caused by the disposal of plastic and paper
merchandise bags to the state's wildlife populations, the state's soil
and water resources, and to the environment generally;
(c) promote the recycling of plastic and paper merchandise bags to
minimize the need to dispose of such bags in a solid waste management
facility or other solid waste disposal system;
(d) determine whether plastic and paper merchandise bags can be manu-
factured or used by consumers in such a manner that, if inappropriately
released into the environment, they will not cause undue harm to the
environment and to wildlife, or that such harm can be minimized; and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03628-01-9
A. 6937 2
(e) develop and identify new, innovative strategies and methods of
implementing such strategies to accomplish the goals stated in subdivi-
sions (a), (b), (c) and (d) of this section.
S 2. In addition, the commission shall investigate and research the
feasibility of reducing litter caused by disposable merchandise bags and
develop strategies including, but not limited to:
(a) altering consumer behavior patterns related to the use and
disposal of paper and plastic merchandise bags;
(b) instituting financial incentives to limit the improper disposal of
such bags;
(c) instituting new state and local policies to promote proper
disposal of such bags;
(d) encouraging retailers, and municipal and private solid waste
managers to recycle such bags; and
(e) any other strategies that the commission deems appropriate to
fulfill the goals of this act.
S 3. (a) The commission shall consist of 16 members as follows:
(1) the commissioner of environmental conservation, who shall serve as
chair of the commission;
(2) a member appointed by the commissioner of agriculture and markets;
(3) a member appointed by the state consumer protection board;
(4) a member appointed by the commissioner of health;
(5) six members appointed by the governor;
(6) two members appointed by the temporary president of the senate;
(7) two members appointed by the speaker of the assembly;
(8) a member appointed by the minority leader of the senate; and
(9) a member appointed by the minority leader of the assembly.
(b) Of the six members appointed by the governor, two shall be repre-
sentative of retailers using disposable merchandise bags, two shall be
representative of manufacturers of disposable bags; and two shall be
representative of public or private solid waste disposal facilities or
recyclers. All members of the commission shall be appointed on or before
February 1, 2010. Vacancies in the membership of the commission shall be
filled in the manner provided for original appointments.
S 4. The commission may meet within or without the state, shall hold
public hearings and shall have all the powers of a legislative committee
pursuant to the legislative law.
S 5. The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
S 6. To the maximum extent feasible, the commission shall be entitled
to request and receive, and shall utilize such facilities, resources and
data of any state or local entity as it may reasonably request to prop-
erly carry out its powers and duties pursuant to this act.
S 7. The commission shall, on or before February 1, 2011, submit a
report of its findings, conclusions and recommendations to the governor,
the temporary president of the senate, the speaker of the assembly, the
minority leaders of the senate and the assembly, the chairs of the
senate and assembly committees on environmental conservation, and the
chairs of the senate and assembly committees on agriculture. Such report
shall include such legislative proposals as the commission deems neces-
sary to implement its recommendations.
S 8. This act shall take effect immediately, and shall expire and be
deemed repealed February 2, 2011.