S T A T E O F N E W Y O R K
________________________________________________________________________
10368
I N A S S E M B L Y
May 24, 2016
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
certain recycling program requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 27-2705 of the environmental conservation law, as
added by chapter 641 of the laws of 2008, subdivisions 2, 3 and 4 as
amended by chapter 481 of the laws of 2014, 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 have printed or
displayed on the bag, in a manner visible to a consumer, the words
"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
er, such store shall be allowed for one year from the effective date of
this subdivision to use its existing stock of 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 collection bin that is visible, NEAR THE ENTRANCE OF SUCH STORE,
IF PRACTICABLE, easily accessible to the consumer, and clearly marked,
WITH A SIGN IN AT LEAST SIXTEEN POINT FONT AND PLACED ABOVE SUCH BIN,
INDICATING THAT THIS IS THE LOCATION TO RECYCLE PLASTIC BAGS, INCLUDING,
BUT NOT LIMITED TO, GROCERY STORE BAGS, DRY CLEANING BAGS AND NEWSPAPER
BAGS AND that the collection bin is available for the purpose of
collecting and recycling plastic carryout 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14802-03-6
A. 10368 2
3. all plastic carryout bags and film plastic collected by the store
to be collected, EMPTIED REGULARLY, 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
5. the operator of the store to (a) make reusable bags available to
customers within the store for purchase, and (b) permit a reuseable bag
to be used in lieu of a plastic carryout bag or paper bag.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.