Assembly Bill A10433

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

                                  10433

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  recycling of film plastic

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

  Section  1.  Section 27-2701 of the environmental conservation law, as
added by chapter 641 of the laws of 2008, is amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  "FILM PLASTIC" MEANS UNCONTAMINATED NON-RIGID FILM PLASTIC PACKAG-
ING PRODUCTS COMPOSED OF PLASTIC RESINS,  WHICH  INCLUDE,  BUT  ARE  NOT
LIMITED TO, NEWSPAPER BAGS, DRY CLEANING BAGS AND SHRINK-WRAP.
  S  2.  Subdivision 1 of section 27-2703 of the environmental conserva-
tion law, as added by chapter 641 of the laws of  2008,  is  amended  to
read as follows:
  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.
  S  3.  Subdivisions 2, 3 and 4 of section 27-2705 of the environmental
conservation law, as added by chapter 641  of  the  laws  of  2008,  are
amended to read as follows:
  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 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
to be collected, transported and recycled along with any other  in-store
plastic  recycling,  except  for  plastic bags that are not sufficiently
free of foreign material to enter the recycling stream. Plastic carryout

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

                                                           LBD16046-01-2

A. 10433                            2

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
  S  4.  Subdivision 1 of section 27-2707 of the environmental conserva-
tion law, as added by chapter 641 of the laws of  2008,  is  amended  to
read as follows:
  1.  When the manufacturer accepts plastic carryout bags AND FILM PLAS-
TIC 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 FILM PLASTIC  collected  by  weight,  provided
that  the  manufacturer  or its agents may weigh such bags, FILM PLASTIC
and any other plastic resins  at  a  regional  collection  center.  Such
records  shall  be  made  available  to  the department upon request, to
demonstrate compliance with this title.
  S 5.  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 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 FILM
PLASTIC, including the addresses and phone numbers  of  such  facilities
and companies to stores required to comply with this article.
  S  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law.