NY State Senate Bill 2009-S4595

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Apr 24, 2009	referred to environmental conservation

co-Sponsors

2009-S4595 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §2, Chap 641 of 2008; amd §§27-2701, 27-2703, 27-2705, 27-2707, 27-2709, 27-2713 & 71-2728, En Con L

2009-S4595 (ACTIVE) - Summary

Provides for the reduction of plastic bags, including other plastic films.

2009-S4595 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4595

 TITLE OF BILL :
An act to amend chapter 641 of the laws of 2008 enacting the plastic
bag reduction, reuse and recycling act; and to amend the environmental
conservation law, in relation to plastic bag reduction and compostable
plastic bags


 PURPOSE :
This bill would amend Chapter 641 of the Laws of 2008 to:

* exempt New York City's plastic bag recycling law from preemption;
* provide for the recycling of film plastic;
* conform the labeling requirement for plastic carryout bags to the
labeling required under the City's law; and
* exempt food establishments from the bill's recycling requirements.

 SUMMARY OF PROVISIONS :
Section 1: Amends the Legislative findings of Chapter 641 of 2008.

§ 2. Amends subdivisions 4, 5 and 6 of section 27-2701 of the
environmental conservation law (ECL) and adds two new subdivisions 6
and 7, to provide exclude reusable or compostable plastic bags from
the definition of "plastic carryout bag," exempt durable plastic bags
with handles that are at least 2.25 mils thick, and exempt food

service establishments from the bill's recycling requirements.
Additionally, this section defines film plastic and food service
establishment.

§ 3. Amends Section 27-2703 of the ECL to provide for the recycling of
film plastic.

§ 4. Amends section 27-2705 of the ECL to conform the wording on the
plastic bags to conform to New York City's statute. Additionally,
stores would be allowed to use their existing stock of plastic bags
prior to providing the new bags with the required wording "PLEASE
REUSE OR RECYCLE AT A PARTICIPATING STORE." Lastly, this section
requires a compostable plastic bag provided by the store to a customer
to have printed on the bag, in a manner visible to the consumer, the
words "COMPOSTABlE BAG - DO NOT PLACE IN RECYCLING BIN", provided that
non-conforming bags may be used for six months subsequent to the
effective date so that store's existing stock of compostable plastic
bags may be exhausted.

§ 5. Amends section 27-2707 of the ECL to provide that plastic
carryout bags and film plastic collected by the manufacturer -- which
are free of foreign material -- shall not be disposed of in any solid
waste disposal facility.

§ 6. Amends section 27-2709 of the ECL to authorize the commissioner
of the Department of Environmental Conservation to require any and all
stores or a cross-section thereof which are subject to this title to
periodically submit, no more frequently than annually, some or all of
the information required to be collected.

§ 7. Amends section 27-2713 of the ECL to exempt New York City's
plastic bag recycling law from the local preemption contained in
Chapter 641. This section also provides that counties not wholly
contained within a city are authorized to enforce the provisions of
this title.

§ 8. Amends section 71-2728 of the ECL to increase the fines contained
in Chapter 641.  Chapter 641 contained the following sanctions:

* 1st Offense - Warning
* 2nd Offense - Fine up to $100
* 3rd or subsequent Offense - Fine up to $500

This bill would change the sanctions to:

* 1st Offense - Fine up to $100
* 2nd Offense - Fine up to $500
* 3rd or subsequent Offense - Fine up to $750.

§ 9. Provides that the bill will take effect immediately, provided
however that the New York City exemption would take effect
retroactively, and the duty to collect film plastic would take effect
on July 1, 2009.

 EXISTING LAW :
Chapter 641 of the laws of 2008 established a State-wide program
requiring operators of certain retail businesses which provide plastic
carryout bags to implement a program for the collection and recycling
of such bags.

 JUSTIFICATION :
After both Houses passed S.8643-A (Chapter 641 of 2008), concerns were
expressed that a local law enacted by the City of New York ("City")
earlier in the year, which established a City-wide recycling program
for plastic carryout bags and film plastic, would be preempted. It has
been suggested that the local law is better suited for the City
because, for example, the local law uses a lower square footage
threshold to determine which stores must recycle. It has also been
suggested that Chapter 641 would be more effective if it provided for
the recycling of film plastic like the City's law does.

 LEGISLATIVE HISTORY :
New bill.

 FISCALIMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately, provided however that the New York City exemption would
take effect retroactively, and the duty to collect film plastic would
take effect on July 1, 2009.

2009-S4595 (ACTIVE) - Bill Text download pdf

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

                                  4595

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sens.  SCHNEIDERMAN,  THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT to amend chapter 641 of the laws of 2008 enacting the plastic bag
  reduction, reuse and recycling act; and  to  amend  the  environmental
  conservation law, in relation to plastic bag reduction and compostable
  plastic bags

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

  Section 1. Section 2 of chapter 641 of the laws of 2008  enacting  the
plastic  bag  reduction,  reuse and recycling act, is amended to read as
follows:
  S 2. Legislative findings.  The  legislature  hereby  finds  that  the
worldwide  production  of  plastic  bags  has  significant environmental
impacts each year, including the use of over 12 million barrels of  oil,
and  the  deaths  of  thousands  of marine animals through ingestion and
entanglement. Each year an estimated 500 billion to 1  trillion  plastic
bags  are used worldwide, which is over one million bags per minute, and
of which billions of bags end up  as  litter  each  year.  Most  plastic
carryout  bags  do  not  biodegrade which means that the bags break down
into smaller and smaller toxic bits that contaminate soil and  waterways
and enter into the food web when animals accidentally ingest those mate-
rials. It is the intent of the legislature to encourage the use of reus-
able  bags  by  consumers  and  retailers  and  to encourage the reduced
consumption of single-use bags, the reuse of such bags, and the  recycl-
ing of such bags AND SIMILAR PACKAGING PLASTICS.
  S  2.  Subdivisions 4, 5 and 6 of section 27-2701 of the environmental
conservation law, as added by chapter 641  of  the  laws  of  2008,  are
amended and two new subdivisions 7 and 8 are added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11501-01-9

S. 4595                             2

  4.  "Plastic  carryout bag" means a plastic carryout bag provided by a
store to a customer at the point of sale THAT IS NOT A REUSABLE BAG OR A
COMPOSTABLE PLASTIC BAG.
  5. "Reusable bag" means:
  (a)  a  bag  made  of  cloth or other machine washable fabric that has
handles; or
  (b) a durable plastic bag with handles that  is  AT  LEAST  2.25  MILS
THICK AND specifically designed and manufactured for multiple reuse.
  6.  "Store"  means a retail establishment LOCATED IN THIS STATE, OTHER
THAN A FOOD SERVICE ESTABLISHMENT, that provides plastic  carryout  bags
to  its  customers as a result of the sale of a product and (a) has over
[ten] FIVE thousand square feet of retail  space,  or  (b)  such  retail
establishment  is  part  of  a  chain  IN THIS STATE engaged in the same
general field of business [which operates five or  more  units  of  over
five  thousand square feet of retail space in this state] AND CONDUCTING
BUSINESS UNDER THE SAME BUSINESS NAME  OR  under  common  ownership  and
management   OR   PURSUANT  TO  A  FRANCHISE  AGREEMENT  WITH  THE  SAME
FRANCHISOR.
  7. "FILM PLASTIC" MEANS AN UNCONTAMINATED NON-RIGID FILM PLASTIC PACK-
AGING PRODUCT COMPOSED OF PLASTIC RESINS, INCLUDING BUT NOT  LIMITED  TO
PLASTIC NEWSPAPER BAGS, PLASTIC DRY CLEANING BAGS, AND SHRINK-WRAP PLAS-
TIC.
  8.  "FOOD  SERVICE  ESTABLISHMENT"  MEANS  ANY ESTABLISHMENT WHERE THE
PRIMARY BUSINESS  IS  PROVIDING  FOOD  FOR  INDIVIDUAL  PORTION  SERVICE
DIRECTLY  TO THE CONSUMER, WHETHER CONSUMPTION OF SUCH FOOD OCCURS ON OR
OFF THE PREMISES OR SUCH SERVICE IS PROVIDED IN A  PREMISES  OR  FROM  A
PUSHCART, STAND OR VEHICLE.
  S  3.  Section 27-2703 of the environmental conservation law, as added
by chapter 641 of the laws of 2008, is amended to read as follows:
S 27-2703. Store operator responsibilities.
  1. The operator of a  store  shall  establish  an  at-store  recycling
program pursuant to the provisions of this title that provides an oppor-
tunity  for a customer of the store to return to the store clean plastic
carryout bags AND FILM PLASTIC.
  2. A retail establishment that does not meet the definition of a store
and that provides plastic carryout bags to customers  at  the  point  of
sale may [also] adopt an at-store recycling program.
  S  4.  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 A CUSTOMER 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"] "PLEASE
REUSE OR RECYCLE AT A PARTICIPATING STORE".   Provided,  however,  [such
store  shall  be  allowed  for  one year from the effective date of this
subdivision to use its existing stock of plastic carryout bags]  PLASTIC
CARRYOUT  BAGS  THAT DO NOT COMPLY WITH THIS SUBDIVISION MAY BE PROVIDED
FOR UP TO SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION TO USE  THE
STORE'S  EXISTING STOCK OF SUCH 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

S. 4595                             3

is  available for the purpose of collecting and recycling plastic carry-
out bags AND FILM PLASTIC.  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  owner  of  the  enclosed  mall shall place bins at
reasonable intervals throughout the enclosed mall area;
  3. all plastic carryout bags AND FILM PLASTIC collected by  the  store
PURSUANT  TO THIS TITLE to be collected, transported and recycled [along
with any other in-store plastic recycling], except for plastic  bags  OR
FILM  PLASTICS  that  are  not  sufficiently free of foreign material to
enter the recycling stream.  Plastic  carryout  bags  AND  FILM  PLASTIC
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  AND  FILM  PLASTIC collected by weight, provided however
that stores or its agents may weigh such  bags,  FILM  PLASTIC  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]
REUSABLE  bag  to  be  used  in  lieu of a plastic carryout bag or paper
bag[.]; AND
  6. A COMPOSTABLE PLASTIC BAG PROVIDED BY THE STORE TO  A  CUSTOMER  TO
HAVE  PRINTED ON THE BAG, IN A MANNER VISIBLE TO THE CONSUMER, THE WORDS
"COMPOSTABLE BAG - DO NOT PLACE IN  RECYCLING  BIN".  PROVIDED  HOWEVER,
COMPOSTABLE PLASTIC BAGS THAT DO NOT COMPLY WITH THIS SUBDIVISION MAY BE
PROVIDED FOR UP TO SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION TO
USE THE STORE'S EXISTING STOCK OF SUCH COMPOSTABLE PLASTIC BAGS.
  S  5.  Section 27-2707 of the environmental conservation law, as added
by chapter 641 of the laws of 2008, is amended to read as follows:
S 27-2707. Manufacturer responsibilities; COMPOSTABLE PLASTIC BAGS.
  1. PLASTIC CARRYOUT BAGS AND FILM PLASTIC COLLECTED BY THE MANUFACTUR-
ER 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.
  2. When [the] A manufacturer accepts plastic carryout bags AND/OR FILM
PLASTIC for return, it or its agent shall maintain,  for  a  minimum  of
three  years, records describing the collection, transport and recycling
of plastic carryout  bags  AND/OR  FILM  PLASTIC  collected  by  weight,
provided that the manufacturer or its agents may weigh such bags and any
other plastic resins at a regional collection center. Such records shall
be made available to the department upon request, to demonstrate compli-
ance with this title.
  [2.  Manufacturers  of  compostable plastic bags sold to stores in the
state that are subject to the provisions of this title shall have print-
ed on the bag, in a manner visible to the consumer, the words "COMPOSTA-
BLE BAG -- DO NOT PLACE IN RECYCLING BIN". Provided however,  such  bags
may  be sold or distributed for one year from the effective date of this
section to use the store's existing stock of compostable bags.]
  3. NO PERSON SHALL SELL COMPOSTABLE PLASTIC BAGS TO A  STORE  IN  THIS
STATE  THAT  IS  SUBJECT  TO  THE  PROVISIONS  OF THIS TITLE UNLESS SUCH
COMPOSTABLE BAGS HAVE THE FOLLOWING WORDS PRINTED ON THEM  IN  A  MANNER

S. 4595                             4

VISIBLE  TO  THE CONSUMER, "COMPOSTABLE BAG -- DO NOT PLACE IN RECYCLING
BIN".
  S  6.  Section 27-2709 of the environmental conservation law, as added
by chapter 641 of the laws of 2008, is amended to read as follows:
S 27-2709. Department responsibility.
  1. The department shall develop educational materials to encourage the
reduction, reuse and recycling of plastic carryout bags AND  OTHER  FILM
PLASTIC  and  shall make those materials available to stores required to
comply with this article.
  2. The department shall provide information regarding the availability
of recycling facilities and companies  that  recycle  plastic  bags  AND
OTHER  FILM  PLASTIC,  including the addresses and phone numbers of such
facilities and companies to stores required to comply with this article.
  3. THE COMMISSIONER IS AUTHORIZED TO REQUIRE ANY AND ALL STORES  OR  A
CROSS-SECTION  THEREOF WHICH ARE SUBJECT TO THIS TITLE TO SUBMIT PERIOD-
ICALLY, NO MORE FREQUENTLY THAN ANNUALLY, SOME OR ALL OF THE INFORMATION
REQUIRED TO BE COLLECTED PURSUANT TO SUBDIVISION FOUR OF SECTION 27-2705
OF THIS TITLE.
  S 7. Section 27-2713 of the environmental conservation law,  as  added
by chapter 641 of the laws of 2008, is amended to read as follows:
S 27-2713. Preemption.
  1.  Jurisdiction in all matters pertaining to plastic bag recycling is
by this article vested exclusively in the state. Any  provision  of  any
local  law  or ordinance, or any rule or regulation promulgated thereto,
governing the recycling of plastic bags shall, upon the  effective  date
of  this  title,  be  preempted.  Provided  however,  [nothing] THAT THE
PROVISIONS OF THIS SECTION SHALL NOT PREEMPT ANY LOCAL LAW ENACTED BY  A
CITY  OF  ONE  MILLION OR MORE RELATING TO REQUIRING A RECYCLING PROGRAM
FOR PLASTIC CARRYOUT BAGS AND FILM PLASTIC IF SUCH LOCAL LAW REMAINS  AS
IT  WAS ENACTED ON JANUARY TWENTY-THIRD, TWO THOUSAND EIGHT.  NOTHING in
this section shall preclude a person from coordinating for recycling  or
reuse the collection of plastic bags.
  2.  PROVIDED  FURTHER THAT COUNTIES NOT WHOLLY CONTAINED WITHIN A CITY
ARE AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS TITLE.
  S 8. Section 71-2728 of the environmental conservation law,  as  added
by chapter 641 of the laws of 2008, is amended to read as follows:
S 71-2728. Enforcement of title 27 of article 27 of this chapter.
  1.  [Any  person who knowingly or intentionally violates any provision
of or fails to perform any duty imposed pursuant to title 27 of  article
27  of  this chapter shall upon the first finding of such a violation be
provided with a warning that future violations shall result in the impo-
sition of a fine. Any person convicted of a second  violation  shall  be
liable for a civil penalty not to exceed one hundred dollars. Any person
convicted of a third or subsequent violation shall be liable for a civil
penalty  not  to  exceed five hundred dollars.] CIVIL AND ADMINISTRATIVE
SANCTIONS. ANY PERSON WHO VIOLATES ANY PROVISION OF TITLE 27 OF  ARTICLE
27  OF THIS CHAPTER, AS ADDED BY CHAPTER 641 OF THE LAWS OF 2008, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY  FINAL  DETERMI-
NATION  OR  ORDER  OF  THE COMMISSIONER, SHALL UPON THE FIRST FINDING OF
SUCH A VIOLATION BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED
DOLLARS.  IN THE CASE OF A SECOND VIOLATION, THE LIABILITY FOR  A  CIVIL
PENALTY  SHALL  NOT  EXCEED FIVE HUNDRED FIFTY DOLLARS. IN THE CASE OF A
THIRD OR SUBSEQUENT VIOLATION, THE LIABILITY FOR A CIVIL  PENALTY  SHALL
NOT  EXCEED  SEVEN  HUNDRED FIFTY DOLLARS FOR EACH SUCH VIOLATION AND AN
ADDITIONAL PENALTY NOT TO EXCEED SEVEN HUNDRED FIFTY  DOLLARS  FOR  EACH
DAY  DURING WHICH SUCH VIOLATION CONTINUES. PENALTIES UNDER THIS SECTION

S. 4595                             5

SHALL BE ASSESSED BY THE COMMISSIONER AFTER A HEARING OR OPPORTUNITY  TO
BE  HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE,
OR BY A COURT IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727 OF
THIS  ARTICLE,  AND,  IN  ADDITION  THERETO,  ANY  PERSON  FOUND TO HAVE
VIOLATED TITLE 27 OF ARTICLE 27 OF THIS CHAPTER, AS ADDED BY CHAPTER 641
OF THE LAWS OF 2008, MAY BY SIMILAR PROCESS BE ENJOINED FROM  CONTINUING
SUCH VIOLATION.
  2. [Penalties under this section shall be assessed by the commissioner
after a hearing or opportunity to be heard pursuant to the provisions of
section  71-1709  of  this  article and, in addition thereto, any person
found to have violated title 27 of article 27 of  this  chapter  may  by
similar process be enjoined from continuing such violation.
  3.]  DISPOSITION OF PENALTIES AND FINES. All civil penalties and fines
collected for any violation of title 27 of article 27 of  this  chapter,
AS  ADDED  BY CHAPTER 641 OF THE LAWS OF 2008, shall be paid over to the
commissioner for deposit in the  environmental  protection  fund  estab-
lished by section ninety-two-s of the state finance law.
  S  9.  This  act shall take effect immediately; provided however, that
the provisions of section 27-2713 of the environmental conservation law,
as amended by section seven of this act, shall be deemed to have been in
full force and effect on the same date and in the same manner as chapter
641 of the laws of 2008 took effect; and provided further that the  duty
to  collect film plastic imposed by section 27-2705 of the environmental
conservation law, as amended by section four of  this  act,  shall  take
effect July 1, 2009.

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Senate Bill S4595

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2009-S4595 (ACTIVE) - Details

2009-S4595 (ACTIVE) - Summary

2009-S4595 (ACTIVE) - Sponsor Memo

2009-S4595 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4595

Share this bill

Sponsored By

Eric T. Schneiderman

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Antoine M. Thompson

2009-S4595 (ACTIVE) - Details

2009-S4595 (ACTIVE) - Summary

2009-S4595 (ACTIVE) - Sponsor Memo

2009-S4595 (ACTIVE) - Bill Text download pdf

Comments