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.