Assembly Bill A6070

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

                                  6070

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced by M. of A. COLTON -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the use of plastic checkout bags by certain stores

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 29 to read as follows:

                                TITLE 29
                           PLASTIC CHECKOUT BAGS

SECTION 27-2901. LEGISLATIVE FINDINGS.
        27-2903. DEFINITIONS.
        27-2905. LIMITATIONS ON THE USE OF CHECKOUT BAGS.
        27-2907. REGULATIONS.

S 27-2901.  LEGISLATIVE FINDINGS.
  THE  LEGISLATURE  HEREBY FINDS THAT THE EXTENSIVE USE OF PLASTIC SHOP-
PING BAGS CREATES AN IMPEDIMENT TO THE DIVERSION  OF  SOLID  WASTE  FROM
SOLID  WASTE  MANAGEMENT FACILITIES. PLASTIC BAGS ARE DIFFICULT TO RECY-
CLE, MAY CONTAMINATE MATERIALS PROCESSED THROUGH RECYCLING AND  COMPOST-
ING  PROGRAMS,  AND CREATE SIGNIFICANT LITTER PROBLEMS. PLASTIC SHOPPING
BAGS HAVE CONSIDERABLE  ENVIRONMENTAL  IMPACTS,  INCLUDING  THE  USE  OF
MILLIONS OF BARRELS OF OIL IN THE UNITED STATES FOR THEIR MANUFACTURE.
  IT  IS THE PURPOSE OF THIS TITLE TO REDUCE THE IMPACT OF PLASTIC SHOP-
PING BAGS BY  SPECIFYING  THE  MATERIALS  THAT  MAY  BE  USED  IN  THEIR
CONSTRUCTION.
S 27-2903. DEFINITIONS.
  AS USED IN THIS TITLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01368-01-9

              

A. 6070                             2

  1.  "ASTM STANDARD" MEANS THE AMERICAN SOCIETY FOR TESTING AND MATERI-
ALS INTERNATIONAL STANDARD D6400 FOR COMPOSTABLE PLASTIC, AS SUCH STAND-
ARD MAY BE AMENDED FROM TIME TO TIME.
  2.  "COMPOSTABLE PLASTIC BAG" MEANS A PLASTIC BAG THAT CONFORMS TO THE
ASTM STANDARD FOR COMPOSTABLE PLASTIC, AS CONFIRMED BY  THE  DEPARTMENT,
AND WHICH DISPLAYS IN A HIGHLY VISIBLE MANNER ON THE OUTSIDE THEREOF THE
PHRASE "COMPOSTABLE AND REUSABLE".
  3.  "CHECKOUT BAG" MEANS A CARRYOUT BAG THAT IS PROVIDED BY A STORE TO
A CUSTOMER AT THE POINT OF SALE.
  4. "HIGHLY VISIBLE" MEANS LETTERING IN  A  CONTRASTING  COLOR  TO  THE
BAG'S  BACKGROUND  COLOR  THAT  IS AT LEAST TWO INCHES HIGH ON THE FRONT
AND/OR THE BACK OF SUCH BAG.
  5. "PERSON" MEANS AN INDIVIDUAL, TRUST,  FIRM,  JOINT  STOCK  COMPANY,
LIMITED  LIABILITY  COMPANY,  CORPORATION,  COOPERATIVE,  PARTNERSHIP OR
ASSOCIATION.
  6. "STORE" MEANS A RETAIL ESTABLISHMENT THAT IS A FULL-LINE, SELF-SER-
VICE RETAIL SUPERMARKET WITH ANNUAL GROSS SALES OF TWO  MILLION  DOLLARS
OR MORE AND WHICH SELLS A LINE OF DRY GROCERIES, CANNED GOODS OR NONFOOD
ITEMS, AND SOME PERISHABLE ITEMS.
S 27-2905. LIMITATIONS ON THE USE OF CHECKOUT BAGS.
  1.  ALL STORES SHALL PROVIDE ONLY PAPER BAGS, COMPOSTABLE PLASTIC BAGS
AND/OR REUSABLE BAGS AS CHECKOUT BAGS TO CUSTOMERS.
  2. NOTHING IN THIS SECTION SHALL PRECLUDE STORES FROM MAKING  REUSABLE
BAGS AVAILABLE FOR SALE TO CUSTOMERS.
S 27-2907. REGULATIONS.
  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided that,  effective  immediately,  the
department of environmental conservation is authorized to promulgate any
rules  and regulations necessary to implement the provisions of this act
on its effective date on or before such date.