NY State Senate Bill 2015-S3329

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Feb 05, 2015	referred to environmental conservation

2015-S3329 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2701, 27-2713 & 71-2728, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7409
2017-2018: S4641
2019-2020: S2234

2015-S3329 (ACTIVE) - Summary

Relates to the recycling of plastic bags.

2015-S3329 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3329

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

PURPOSE OR GENERAL IDEA OF BILL:

To help support the New York State recycling program by increasing the
number of stores subject to the Plastic Bag Reduction, Reuse and
Recycling Act.

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 increase the number of stores subject to
the Act. It would also give co-enforcement authority for certain
provisions of the Act to an agency or agencies designated by the Mayor
of the City of New York.

JUSTIFICATION:

New York City's "Plastic Carryout Bag and Film Plastic Recycling Law",
signed into law by Mayor Bloomberg as Local Law No. 1 for the year
2008, was preempted by the State's "Plastic Bag Reduction, Reuse and
Recycling Act". The City supports a uniform, comprehensive plastic bag

collection and recycling program administered by stores on a statewide
basis. However, the City's "Plastic Carryout Bag and Film Plastic
Recycling Law" law was more comprehensive because it imposed
collection requirements on a larger number of stores.

The changes proposed in this bill would require a greater number of
stores in New York City to provide a recycling bin for collecting
unwanted plastic bags. Additionally, this bill would grant
co-enforcement authority to the City over certain provisions of the
law, leading 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. These changes will help support
the successful City-wide recycling program that was in place before
the State Act took effect.

PRIOR LEGISLATIVE HISTORY:

2012: A.10442 (Kavanagh) - Environmental Conservation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law.

2015-S3329 (ACTIVE) - Bill Text download pdf

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

                                  3329

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee 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
of this title, be preempted. Provided however, nothing in  this  section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04160-02-5

S. 3329                             2

shall  preclude  a  person  from coordinating for recycling or reuse the
collection of plastic bags.
  S 3. Section 27-2713 of the environmental conservation law, as amended
by chapter 481 of the laws of 2014, 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, 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 regu-
lation  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 4. 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 5. 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  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that  the  amendments  to  section
27-2713  of  the environmental conservation law made by section three of
this act shall take effect on the same date and in the  same  manner  as
section 6 of chapter 481 of the laws of 2014, takes effect.

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Senate Bill S3329

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2015-S3329 (ACTIVE) - Details

2015-S3329 (ACTIVE) - Summary

2015-S3329 (ACTIVE) - Sponsor Memo

2015-S3329 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3329

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2015-S3329 (ACTIVE) - Details

2015-S3329 (ACTIVE) - Summary

2015-S3329 (ACTIVE) - Sponsor Memo

2015-S3329 (ACTIVE) - Bill Text download pdf

Comments