Assembly Bill A9190

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9190--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 13, 2009
                               ___________

Introduced  by  M.  of  A. SCHIMEL, COLTON, KELLNER, McDONOUGH -- Multi-
  Sponsored by -- M.  of A. GLICK, GOTTFRIED, WEISENBERG  --  read  once
  and  referred to the Committee on Environmental Conservation -- recom-
  mitted to the Committee on Environmental  Conservation  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to recy-
  cling program requirements; requires store  operators  to  post  signs
  regarding reusable bags

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 27-2705 of the environmental conservation  law,  as
added by chapter 641 of the laws of 2008, is amended to read as follows:
S 27-2705. Recycling program requirements.
  An  at-store  recycling  program  provided  by the operator of a store
shall require:
  1. a plastic carryout bag provided by the store  to  have  printed  or
displayed  on  the  bag,  in  a  manner visible to a consumer, the words
"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
er, such store shall be allowed for one year from the effective date  of
this  subdivision  to use its existing stock of plastic carryout bags. A
store may also apply to the commissioner for approval of an  alternative
plastic  bag recycling message. The commissioner shall approve or reject
the proposed message within forty-five days;
  2. a plastic carryout bag  collection  bin  that  is  visible,  easily
accessible  to  the consumer, and clearly marked that the collection bin
is available for the purpose of collecting and recycling plastic  carry-
out  bags. This subdivision shall apply to stores not within an enclosed
shopping mall and stores of at least fifty thousand square  feet  within
an enclosed shopping mall. In the case of an enclosed shopping mall, the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14634-02-0

              

A. 9190--A                          2

owner  of  the  enclosed  mall  shall place bins at reasonable intervals
throughout the enclosed mall area;
  3.  all  plastic carryout bags collected by the store to be collected,
transported and recycled along with any other in-store  plastic  recycl-
ing,  except  for plastic bags that are not sufficiently free of foreign
material to enter the recycling stream. Plastic carryout bags  collected
by  the  store  or the manufacturer, which are free of foreign material,
shall not be disposed of in any solid waste disposal facility  permitted
or authorized pursuant to title seven of this article;
  4.  the  store or its agent to maintain, for a minimum of three years,
records describing the collection, transport and  recycling  of  plastic
carryout  bags  collected by weight, provided however that stores or its
agents may weigh such bags and any other in-store plastic recycling at a
regional collection center. Such records shall be made available to  the
department  upon  request,  to  demonstrate  compliance with this title;
[and]
  5. the operator of the store to (a) make reusable  bags  available  to
customers  within the store for purchase, and (b) permit a reuseable bag
to be used in lieu of a plastic carryout bag or paper bag[.]; AND
  6.  THE CONSPICUOUS POSTING OF SIGNS,  NO  SMALLER  THAN  FOUR  SQUARE
FEET, THAT HAVE PRINTED OR DISPLAYED ON THE SIGN THE WORDS "DON'T FORGET
YOUR  REUSABLE  TOTE  BAG". THE OPERATOR OF THE STORE IS RESPONSIBLE FOR
POSTING AT LEAST ONE SUCH SIGN AT EACH ENTRANCE OF THE STORE OPEN TO THE
PUBLIC. THE OWNER OF ANY  PARKING  AREAS,  AS  DEFINED  BY  SECTION  ONE
HUNDRED  TWENTY-NINE-A  OF THE VEHICLE AND TRAFFIC LAW, OR PARKING LOTS,
AS DEFINED BY SECTION ONE HUNDRED TWENTY-NINE-B OF THE VEHICLE AND TRAF-
FIC LAW, THAT ARE PROVIDED IN CONNECTION WITH THE PREMISES OF THE STORE,
SHALL BE RESPONSIBLE FOR POSTING SUCH SIGNS THROUGHOUT THE PARKING  AREA
OR  PARKING LOT OF THE STORE. IN THE CASE OF A STORE WITH A PARKING AREA
OR PARKING LOT OF TEN THOUSAND SQUARE FEET OR LESS, NO  LESS  THAN  FIVE
SIGNS  SHALL  BE  POSTED.  IN THE CASE OF A STORE WITH A PARKING AREA OR
PARKING LOT GREATER THAN TEN THOUSAND SQUARE FEET,  NO  FEWER  THAN  SIX
SIGNS  SHALL  BE  POSTED,    AND ONE ADDITIONAL SIGN SHALL BE POSTED FOR
EVERY ADDITIONAL ONE THOUSAND SQUARE FEET. THIS SUBDIVISION SHALL  APPLY
TO  STORES  WITHOUT REGARD AS TO WHETHER THE STORE IS WITHIN AN ENCLOSED
SHOPPING MALL.
  S 2. This act shall take effect immediately.