S T A T E O F N E W Y O R K
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167
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
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 plastic carryout bags and film plastic
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 27-2701 of the environmental
conservation law, as added by chapter 641 of the laws of 2008, is
amended to read as follows:
6. "Store" means a retail establishment that provides plastic carryout
bags to its customers as a result of the sale of a product and (a) has
over ten thousand square feet of retail space OR, IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, HAS OVER FIVE THOUSAND SQUARE FEET OF
RETAIL SPACE, or (b) such retail establishment is part of a chain
engaged in the same general field of business [which] THAT operates five
or more units of over five thousand square feet of retail space in this
state under common ownership and management OR, IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, SUCH RETAIL ESTABLISHMENT IS PART OF A
CHAIN ENGAGED IN THE SAME GENERAL FIELD OF BUSINESS THAT OPERATES FIVE
OR MORE UNITS IN SUCH CITY UNDER COMMON OWNERSHIP AND MANAGEMENT.
S 2. 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.
Jurisdiction in all matters pertaining to plastic bag recycling is by
this article vested exclusively in the state, EXCEPT THAT IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, AN AGENCY OR AGENCIES DESIGNATED BY
THE MAYOR OF SUCH CITY MAY ENFORCE SECTION 27-2703 AND SUBDIVISIONS ONE,
TWO AND FIVE OF SECTION 27-2705 OF THIS TITLE. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03541-01-3
A. 167 2
of this title, be preempted. Provided however, nothing in this section
shall preclude a person from coordinating for recycling or reuse the
collection of plastic bags.
S 3. Subdivision 1 of section 71-2728 of the environmental conserva-
tion law, as added by chapter 641 of the laws of 2008, is amended to
read as follows:
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] BE LIABLE FOR A CIVIL PENALTY. Any person convicted
of a [second] FIRST violation shall be liable for a civil penalty not to
exceed one hundred dollars. ANY PERSON CONVICTED OF A SECOND VIOLATION
SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS. Any person convicted of a third or subsequent violation shall
be liable for a civil penalty not to exceed five hundred dollars.
S 4. Section 71-2728 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION ONE, TWO OR THREE OF
THIS SECTION TO THE CONTRARY, IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, SECTION 27-2703 AND SUBDIVISIONS ONE, TWO AND FIVE OF SECTION
27-2705 OF THIS CHAPTER MAY ALSO BE ENFORCED BY AN AGENCY OR AGENCIES
DESIGNATED BY THE MAYOR OF SUCH CITY. ANY NOTICE OF VIOLATION ISSUED BY
AN AGENCY DESIGNATED BY THE MAYOR OF SUCH CITY CHARGING A VIOLATION OF
SECTION 27-2703 OR SUBDIVISION ONE, TWO OR FIVE OF SECTION 27-2705 OF
THIS CHAPTER SHALL BE RETURNABLE TO THE ENVIRONMENTAL CONTROL BOARD OF
SUCH CITY. SUCH ENVIRONMENTAL CONTROL BOARD SHALL HAVE THE POWER TO
IMPOSE A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR THE FIRST
VIOLATION, NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR THE SECOND
VIOLATION AND NOT TO EXCEED FIVE HUNDRED DOLLARS FOR A THIRD OR SUBSE-
QUENT VIOLATION. ALL CIVIL PENALTIES COLLECTED FOR ANY VIOLATION OF
TITLE 27 OF ARTICLE 27 OF THIS CHAPTER THAT HAVE BEEN IMPOSED BY THE
ENVIRONMENTAL CONTROL BOARD OF SUCH CITY SHALL BE PAID INTO THE GENERAL
FUND OF SUCH CITY.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law.