S T A T E O F N E W Y O R K
________________________________________________________________________
3800
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
___________
Introduced by M. of A. JAFFEE -- 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, subdivision 4 as amended by chapter 481 of the
laws of 2014, and subdivision 5 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 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]
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.
LBD01804-01-7
A. 3800 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.
§ 2. This act shall take effect immediately.