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

                                  5704

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2015
                               ___________

Introduced  by M. of A. SCHIMEL, HOOPER, COOK, JAFFEE -- Multi-Sponsored
  by -- M. of A.  COLTON, GLICK, GOTTFRIED -- read once and referred  to
  the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to recy-
  cling  program  requirements;  requires  store operators to post signs
  regarding reusable bags

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

  Section  1.  Subdivisions  4  and 5 of section 27-2705 of the environ-
mental conservation law, as added by chapter 641 of the  laws  of  2008,
are amended and a new subdivision 6 is added to read as follows:
  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  collected by weight, provided however that stores or its
agents may weigh such bags 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.    THE  CONSPICUOUS  POSTING  OF SIGNS, NO SMALLER THAN FOUR SQUARE
FEET, THAT HAVE PRINTED OR DISPLAYED ON THE SIGN THE WORDS "DON'T FORGET
YOUR REUSABLE TOTE BAG". THE OPERATOR OF THE STORE  IS  RESPONSIBLE  FOR
POSTING AT LEAST ONE SUCH SIGN AT EACH ENTRANCE OF THE STORE OPEN TO THE
PUBLIC.  THE  OWNER  OF  ANY  PARKING  AREAS,  AS DEFINED BY SECTION ONE
HUNDRED TWENTY-NINE-A OF THE VEHICLE AND TRAFFIC LAW, OR  PARKING  LOTS,
AS DEFINED BY SECTION ONE HUNDRED TWENTY-NINE-B OF THE VEHICLE AND TRAF-
FIC LAW, THAT ARE PROVIDED IN CONNECTION WITH THE PREMISES OF THE STORE,
SHALL  BE RESPONSIBLE FOR POSTING SUCH SIGNS THROUGHOUT THE PARKING AREA

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08880-01-5
              

A. 5704                             2

OR PARKING LOT OF THE STORE. IN THE CASE OF A STORE WITH A PARKING  AREA
OR  PARKING  LOT OF TEN THOUSAND SQUARE FEET OR LESS, NO FEWER THAN FIVE
SIGNS SHALL BE POSTED. IN THE CASE OF A STORE WITH  A  PARKING  AREA  OR
PARKING  LOT  GREATER  THAN  TEN THOUSAND SQUARE FEET, NO FEWER THAN SIX
SIGNS SHALL BE POSTED,   AND ONE ADDITIONAL SIGN  SHALL  BE  POSTED  FOR
EVERY  ADDITIONAL ONE THOUSAND SQUARE FEET. THIS SUBDIVISION SHALL APPLY
TO STORES WITHOUT REGARD AS TO WHETHER THE STORE IS WITHIN  AN  ENCLOSED
SHOPPING MALL.
  S  2.  Subdivision 4 of section 27-2705 of the environmental conserva-
tion law, as amended by chapter 481 of the laws of 2014, is  amended  to
read as follows:
  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  3.  This act shall take effect immediately; provided, however, that
the amendments to subdivision 4 of section 27-2705 of the  environmental
conservation  law  made  by section two of this act shall take effect on
the same date and in the same manner as section 3 of chapter 481 of  the
laws of 2014 takes effect.