NY State Senate Bill 2015-S7085A

Archive: Last Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	referred to codes delivered to assembly passed senate
May 25, 2016	advanced to third reading
May 24, 2016	2nd report cal.
May 23, 2016	1st report cal.1065
May 17, 2016	print number 7085a
May 17, 2016	amend and recommit to environmental conservation
Mar 23, 2016	referred to environmental conservation

Votes

- Jun 7, 2016 - Floor Vote
  S7085A
  
  53
  
  Aye
  
  8
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2016
      
      aye (53)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      Dilan
      
      Espaillat
      
      Felder
      
      Flanagan
      
      Funke
      
      Gianaris
      
      Golden
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (8)
      
      Akshar
      
      DeFrancisco
      
      Farley
      
      Gallivan
      
      Griffo
      
      Lanza
      
      Martins
      
      Ritchie
      
      excused (2)
      
      Diaz
      
      Persaud
  May 23, 2016 - Environmental Conservation Committee Vote
  S7085A
  
  10
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 23, 2016
      
      aye (10)
      
      Addabbo Jr.
      
      Avella
      
      Espaillat
      
      Hoylman-Sigal
      
      Kaminsky
      
      Latimer
      
      Little
      
      Marcellino
      
      O'Mara
      
      Young
      
      nay (3)
      
      Funke
      
      LaValle
      
      Ortt

Bill Amendments

Original

A (Active)

2015-S7085 - Details

Current Committee:: Assembly Codes
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2705, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S1196

2015-S7085 - Summary

Requires the placement of the recycling receptacle/collection bin near the entrance of the store, if practicable; makes related provisions; mandates a sign be posted above the receptacle/collection bin indicating that this is the location to recycle plastic bags, including grocery store bags, dry cleaning bags, and newspaper bags.

2015-S7085 - Sponsor Memo

                                 BILL NUMBER:  S7085

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to certain recycling program requirements

 PURPOSE OR GENERAL IDEA OF BILL :

To improve access to the plastic bag recycling program in New York
State and allow the Department of Environmental Conservation to ensure
compliance with the current regulations.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 27-2705 (recycling program
requirements) 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.

Subdivision 2 of this section is amended to require that the
collection bin be placed near the entrance of such store and that a
sign in at least sixteen point font be placed above the 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. Subdivision 3 is amended to require regular
emptying of the bins.

This bill also adds a subdivision 6 to this section, which authorizes
the department of environmental conservation to determine the
appropriate fines for noncompliance with the provisions of this
section and to fine any storeowners who fail to comply with such
provisions.

 JUSTIFICATION :

Under current law, store operators-defined as retail establishments
with over 10,000 square of retail space or chain stores with 5 or more
franchises with over 5,000 square feet of retail space-must establish
an in-store recycling program for "carry-out" plastic bags.

In-store recycling programs must meet some basic requirements. First,
the collection bin must visible and easily accessible to the consumer.
Second, all bags collected by the retailer must be recycled,
regardless of origin. Third, the retailer must keep three years of
records detailing the collection, transport and recycling of plastic
carryout bags and film plastic by weight. Fourth the retailer must
offer reusable bags as an alternative to the plastic bags. And
finally, all plastic carryout bags must be printed with the following
statement" "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING".
Manufacturers of plastic carryout bags to be sold to stores must
accept the return of plastic carryout bags and keep records in the
same as store operators.

This law closely mirrors measures taken by other states to reduce the
use of plastic bags. However, there is room for improvement regarding
access to plastic bag recycling and to ensure compliance with the
current regulations. This bill does just that without taking extreme
measures, such as completely banning or imposing fees on plastic bags.
Imposition of fees on plastic bags in other jurisdictions has not
largely altered the behavior habits of consumers, who continue to use
plastic bags. Fees also disproportionally burden low-income families
and become a tax on those who can least afford it.

This bill would allow the Department of Environmental Conservation to
fine storeowners who fail to comply with the regulations. It would
also improve access to collection bins by moving the collection bin to
the entrance of the store, so that consumers do not have to carry
their plastic bags throughout the store while they are shopping.
Lastly, the bill would require a sign be placed above the collection
bin to clarify that many other types of plastic bags can be recycled
at these locations and clarify that the bin must be emptied regularly.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred and twentieth day after
it shall have become a law.

2015-S7085 - Bill Text download pdf

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

                                  7085

                            I N  S E N A T E

                             March 23, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- 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
  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,
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;
  3. all plastic carryout bags and film plastic collected by  the  store
to  be collected, EMPTIED REGULARLY, transported and recycled along with

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

                                                           LBD14802-01-6

S. 7085                             2

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.
  6. THE DEPARTMENT IS AUTHORIZED TO DETERMINE THE APPROPRIATE FINES FOR
NONCOMPLIANCE WITH THE PROVISIONS OF THIS SECTION  AND  SHALL  HAVE  THE
AUTHORITY  TO  FINE  ANY  STORE  OWNERS  WHO  FAIL  TO  COMPLY  WITH THE
PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

2015-S7085A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2705, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S1196

2015-S7085A (ACTIVE) - Summary

2015-S7085A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7085A        REVISED MEMO 05/18/2016

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to certain recycling program requirements

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to certain recycling program requirements

 PURPOSE OR GENERAL IDEA OF BILL :

To improve access to the plastic bag recycling program in New York
State and allow the Department of Environmental Conservation to ensure
compliance with the current regulations.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 27-2705 (recycling program
requirements) 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.

Subdivision 2 of this section is amended to require that the
collection bin be placed near the entrance of such store if
practicable and that a sign in at least sixteen point font be placed
above the 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.

Subdivision 3 is amended to require regular emptying of the bins.

 JUSTIFICATION :

Under current law, store operators-defined as retail establishments
with over 10,000 square of retail space or chain stores with 5 or more
franchises with over 5,000 square feet of retail space-must establish
an in-store recycling program for "carry-out" plastic bags.

In-store recycling programs must meet some basic requirements. First,
the collection bin must visible and easily accessible to the consumer.
Second, all bags collected by the retailer must be recycled,
regardless of origin. Third, the retailer must keep three years of
records detailing the collection, transport and recycling of plastic
carryout bags and film plastic by weight. Fourth the retailer must
offer reusable bags as an alternative to the plastic bags. And
finally, all plastic carryout bags must be printed with the following
statement" "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING".
Manufacturers of plastic carryout bags to be sold to stores must
accept the return of plastic carryout bags and keep records in the
same as store operators.

This law closely mirrors measures taken by other states to reduce the
use of plastic bags. However, there is room for improvement regarding
access to plastic bag recycling and to ensure compliance with the
current regulations. This bill does just that without taking extreme
measures, such as completely banning or imposing fees on plastic bags.
Imposition of fees on plastic bags in other jurisdictions has not
largely altered the behavior habits of consumers, who continue to use
plastic bags. Fees also disproportionally burden low-income families
and become a tax on those who can least afford it.  This bill looks to
encourage consumers to recycle more by improving access to collection
bins in requiring their placement closer to the entrance of the store
and by making the recycling program more apparent by requiring a sign
be placed above the collection bin to clarify that many other types of
plastic bags can be recycled at these locations and clarify that the
bin must be emptied regularly.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred and twentieth day after
it shall have become a law.

2015-S7085A (ACTIVE) - Bill Text download pdf

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

                                 7085--A

                            I N  S E N A T E

                             March 23, 2016
                               ___________

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14802-02-6

S. 7085--A                          2

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, 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.

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Senate Bill S7085A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 7, 2016 - Floor Vote

Floor Vote: Jun 7, 2016

May 23, 2016 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 23, 2016

Bill Amendments

2015-S7085 - Details

2015-S7085 - Summary

2015-S7085 - Sponsor Memo

2015-S7085 - Bill Text download pdf

2015-S7085A (ACTIVE) - Details

2015-S7085A (ACTIVE) - Summary

2015-S7085A (ACTIVE) - Sponsor Memo

2015-S7085A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7085A

Share this bill

Sponsored By

Tony Avella

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-S7085 - Details

2015-S7085 - Summary

2015-S7085 - Sponsor Memo

2015-S7085 - Bill Text download pdf

2015-S7085A (ACTIVE) - Details

2015-S7085A (ACTIVE) - Summary

2015-S7085A (ACTIVE) - Sponsor Memo

2015-S7085A (ACTIVE) - Bill Text download pdf

Comments