senate Bill S5817A

Signed By Governor
2013-2014 Legislative Session

Relates to the recycling of film plastic

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Sponsored By

Archive: Last Bill Status Via A191 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 signed chap.481
Dec 05, 2014 delivered to governor
May 13, 2014 returned to assembly
passed senate
3rd reading cal.169
substituted for s5817a
May 13, 2014 substituted by a191b
Feb 27, 2014 advanced to third reading
Feb 26, 2014 2nd report cal.
Feb 11, 2014 1st report cal.169
Jan 08, 2014 referred to environmental conservation
Oct 09, 2013 print number 5817a
amend and recommit to rules
Jun 17, 2013 referred to rules

Votes

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Feb 11, 2014 - Environmental Conservation committee Vote

S5817A
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Feb 11, 2014

Bill Amendments

Original
A (Active)
Original
A (Active)

S5817 - Bill Details

See Assembly Version of this Bill:
A191B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-2701, 27-2703, 27-2705, 27-2707, 27-2709 & 27-2713, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A10433

S5817 - Bill Texts

view summary

Relates to the recycling of film plastic.

view sponsor memo
BILL NUMBER:S5817

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the recycling of film plastic

PURPOSE: To help support the New York City-wide recycling program
state wide to accept film plastic in their collection bins.

SUMMARY OF PROVISIONS: This bill amends provisions of the "Plastic
Bag Reduction, Reuse and Recycling Act" (the "Act"), which was enacted
by the State in 2008. Specifically, the bill would require stores
state wide to accept film plastic in their collection bins.
Subdivision 2 of Section 27-2701 of the environmental conservation law
is amended by adding film plastic to the definition of "manufacturer."
Section 27-2701 is amended by adding a new subdivision 7 defining film
plastic. Article 27, Title 27 of the environmental conservation law is
amended throughout to include film plastic in the plastic bag
recycling program.

JUSTIFICATION: Kew York City's "Plastic Carryout Bag and Film Plastic
Recycling Law," signed into law in 2008, differed from the State's
"Plastic Bad Reduction, Reuse and Recycling Act" because it imposed
stricter plastic bag collection requirements on a larger number of
stores, and applied to film plastic as well as to plastic carryout
bags. The changes proposed in this bill would align state law with the
City's preempted stricter standard by adding film plastic to the
plastic bag recycling program that is already in place statewide.

These changes will lead to greater compliance with the recycling
program by both retail stores and by consumers, who will have greater
opportunities to recycle their unwanted plastic bags and film plastic.
As indicated in the approval memo of the New York State "Plastic Bag
Reduction, Reuse and Recycling Act", these changes to the bill will
help support the successful City-wide recycling program that was in
place before the State Act took effect.

LEGISLATIVE HISTORY:. 2012: A10433 (Kavanagh) Environmental
Conservation

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take effect on March 1, 2014.

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

                                  5817

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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. Subdivision 2  of  section  27-2701  of  the  environmental
conservation  law,  as  added  by  chapter  641  of the laws of 2008, is
amended and a new subdivision 7 is added to read as follows:
  2. "Manufacturer" means the producer of a plastic carryout bag OR FILM
PLASTIC sold to a store or the manufacturer's agent or broker  who  sold
the plastic carryout bag OR FILM PLASTIC to the store.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03512-03-3

S. 5817                             2

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
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.  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 AND FILM PLASTIC
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  AND  FILM
PLASTIC  shall,  upon  the  effective  date 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 OR
FILM PLASTIC.
  S 7. This act shall take effect March 1, 2014.

Co-Sponsors

S5817A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A191B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-2701, 27-2703, 27-2705, 27-2707, 27-2709 & 27-2713, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A10433

S5817A (ACTIVE) - Bill Texts

view summary

Relates to the recycling of film plastic.

view sponsor memo
BILL NUMBER:S5817A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the recycling of film plastic

PURPOSE:

To help support the New York City-wide recycling program state wide to
accept film plastic in their collection bins.

SUMMARY OF PROVISIONS:

This bill amends provisions of the "Plastic Bag Reduction, Reuse and
Recycling Act" (the "Act"), which was enacted by the State in 2008.
Specifically, the bill would require stores state wide to accept film
plastic in their collection bins. Subdivision 2 of Section 27-2701 of
the environmental conservation law is amended by adding film plastic
to the definition of "manufacturer." Section 27-2701 is amended by
adding a new subdivision 7 defining film plastic. Article 27, Title 27
of the environmental conservation law is amended throughout to include
film plastic in the plastic bag recycling program.

JUSTIFICATION:

New York City's "Plastic Carryout Bag and Film Plastic Recycling Law,"
signed into law in 2008, differed from the State's "Plastic Bad
Reduction, Reuse and Recycling Act" because it imposed stricter
plastic bag collection requirements on a larger number of stores, and
applied to film plastic as well as to plastic carryout bags. The
changes proposed in this bill would align state law with the City's
preempted stricter standard by adding film plastic to the plastic bag
recycling program that is already in place statewide.

These changes will lead to greater compliance with the recycling
program by both retail stores and by consumers, who will have greater
opportunities to recycle their unwanted plastic bags and film plastic.
As indicated in the approval memo of the New York State "Plastic Bag
Reduction, Reuse and Recycling Act", these changes to the bill will
help support the successful City-wide recycling program that was in
place before the State Act took effect.

LEGISLATIVE HISTORY:.

2012: A10433 (Kavanagh) Environmental Conservation

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect on March 1, 2015.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5817--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.  Subdivision  2  of  section  27-2701 of the environmental
conservation law, as added by chapter  641  of  the  laws  of  2008,  is
amended and a new subdivision 7 is added to read as follows:
  2. "Manufacturer" means the producer of a plastic carryout bag OR FILM
PLASTIC  sold  to a store or the manufacturer's agent or broker who sold
the plastic carryout bag OR FILM PLASTIC to the store.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03512-04-3

S. 5817--A                          2

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
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.  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 AND FILM PLASTIC
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  AND  FILM
PLASTIC  shall,  upon  the  effective  date 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 OR
FILM PLASTIC.
  S 7. This act shall take effect March 1, 2015.

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