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.