Assembly Bill A8614

2017-2018 Legislative Session

Relates to the recycling of plastic bags

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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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2017-A8614 (ACTIVE) - Details

See Senate Version of this Bill:
S4641
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-2701, 27-2713 & 71-2728, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10442
2013-2014: A167, S7409
2015-2016: A5954, S3329
2019-2020: S2234

2017-A8614 (ACTIVE) - Summary

Relates to the recycling of plastic bags.

2017-A8614 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8614
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
   tee 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.
   § 2. Section 27-2713 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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