Senate Bill S8726B

2017-2018 Legislative Session

Relates to prohibitions on single-use plastic straws in restaurants

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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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Bill Amendments

2017-S8726 - Details

See Assembly Version of this Bill:
A9994
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 28 §§27-2801 - 27-2805, En Con L; add §399-tt, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1477, A90
2021-2022: S1505, A207
2023-2024: S3186, A112

2017-S8726 - Summary

Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer or when selected by the consumer from a self-service dispenser.

2017-S8726 - Sponsor Memo

2017-S8726 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8726
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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, the general business
   law and the public health law, in relation to prohibitions on  single-
   use plastic straws in restaurants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The title heading of title 27 of article 27 of the environ-
 mental conservation law, as added by chapter 641 of the laws of 2008, is
 amended to read as follows:
                       PLASTIC BAG AND PLASTIC STRAW
                      REDUCTION, REUSE AND RECYCLING
 § 2. Section 27-2701 of the environmental conservation law is amended by
 adding a new subdivision 8 to read as follows:
   8. "RESTAURANT" MEANS ANY DINER OR OTHER EATING OR BEVERAGE ESTABLISH-
 MENT, WHICH OFFERS FOR SALE FOOD OR BEVERAGES  TO  THE  PUBLIC,  GUESTS,
 MEMBERS,  OR  PATRONS,  WHERE  THE  FOOD  OR  BEVERAGES  ARE CUSTOMARILY
 CONSUMED ON THE PREMISES. FOR PURPOSES OF THIS TITLE, "RESTAURANT"  DOES
 NOT  INCLUDE  A  FAST  FOOD  ESTABLISHMENT, BAR, COFFEE SHOP, CAFETERIA,
 LUNCHEONETTE, SANDWICH STAND, SHORT ORDER CAFE, OR SODA FOUNTAIN.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 27-2706 to read as follows:
 § 27-2706. SINGLE-USE PLASTIC STRAWS.
   RESTAURANTS  SHALL ONLY PROVIDE SINGLE-USE PLASTIC STRAWS TO CUSTOMERS
 WHERE EXPLICITLY REQUESTED BY THE CUSTOMER.
   § 4. The general business law is amended by adding a new section  399-
 tt to read as follows:
   §  399-TT.  SINGLE-USE  PLASTIC STRAWS. RESTAURANTS SHALL ONLY PROVIDE
 SINGLE-USE PLASTIC STRAWS TO CUSTOMERS WHERE EXPLICITLY REQUESTED BY THE
 CUSTOMER PURSUANT TO TITLE TWENTY-SEVEN OF ARTICLE TWENTY-SEVEN  OF  THE
 ENVIRONMENTAL CONSERVATION LAW.
   § 5. Subdivision 2 of section 1352 of the public health law is amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2017-S8726A - Details

See Assembly Version of this Bill:
A9994
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 28 §§27-2801 - 27-2805, En Con L; add §399-tt, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1477, A90
2021-2022: S1505, A207
2023-2024: S3186, A112

2017-S8726A - Summary

Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer or when selected by the consumer from a self-service dispenser.

2017-S8726A - Sponsor Memo

2017-S8726A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8726--A
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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, the general business
   law  and the public health law, in relation to prohibitions on single-
   use plastic straws in restaurants
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The title heading of title 27 of article 27 of the environ-
 mental conservation law, as added by chapter 641 of the laws of 2008, is
 amended to read as follows:
                       PLASTIC BAG AND PLASTIC STRAW
                      REDUCTION, REUSE AND RECYCLING
   §  2. Section 27-2701 of the environmental conservation law is amended
 by adding a new subdivision 8 to read as follows:
   8. "RESTAURANT" MEANS ANY DINER OR OTHER EATING OR BEVERAGE ESTABLISH-
 MENT, WHICH OFFERS FOR SALE FOOD OR BEVERAGES  TO  THE  PUBLIC,  GUESTS,
 MEMBERS,  OR  PATRONS,  WHERE  THE  FOOD  OR  BEVERAGES  ARE CUSTOMARILY
 CONSUMED ON THE PREMISES. FOR PURPOSES OF THIS TITLE, "RESTAURANT" SHALL
 INCLUDE A FAST FOOD ESTABLISHMENT, BAR, COFFEE SHOP, CAFETERIA, LUNCHEO-
 NETTE, OR SHORT ORDER CAFE; HOWEVER, "RESTAURANT" SHALL  NOT  INCLUDE  A
 SANDWICH  STAND,  SODA  FOUNTAIN, DRIVE-THROUGH PORTION OF A RESTAURANT,
 DRIVE-IN RESTAURANT, OR ANY ESTABLISHMENT OR  PORTION  OF  A  RESTAURANT
 WHERE FOOD OR BEVERAGES ARE CUSTOMARILY CONSUMED OFF THE PREMISES.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 27-2706 to read as follows:
 § 27-2706. SINGLE-USE PLASTIC STRAWS.
   1. RESTAURANTS SHALL ONLY PROVIDE SINGLE-USE PLASTIC STRAWS TO CUSTOM-
 ERS WHERE EXPLICITLY REQUESTED BY THE CUSTOMER.
   2. NOTHING IN THIS SECTION SHALL PRECLUDE A RESTAURANT FROM  PROVIDING
 CUSTOMERS  WITH NON-PLASTIC STRAWS AS AN ALTERNATIVE TO SINGLE-USE PLAS-
 TIC STRAWS, INCLUDING, BUT NOT LIMITED TO, THOSE MADE FROM PAPER,  SUGAR
 CANE, OR BAMBOO.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2017-S8726B (ACTIVE) - Details

See Assembly Version of this Bill:
A9994
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 28 §§27-2801 - 27-2805, En Con L; add §399-tt, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1477, A90
2021-2022: S1505, A207
2023-2024: S3186, A112

2017-S8726B (ACTIVE) - Summary

Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer or when selected by the consumer from a self-service dispenser.

2017-S8726B (ACTIVE) - Sponsor Memo

2017-S8726B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8726--B
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the environmental conservation law and the general busi-
   ness  law, in relation to prohibitions on single-use plastic straws in
   restaurants
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 28 to read as follows:
 
                                 TITLE 28
                        PLASTIC STRAW RESTRICTIONS
 SECTION 27-2801. DEFINITIONS.
         27-2803. SINGLE-USE PLASTIC STRAWS.
         27-2805. ENFORCEMENT.
 § 27-2801. DEFINITIONS.
 FOR  THE  PURPOSES  OF THIS TITLE, "RESTAURANT" MEANS ANY DINER OR OTHER
 EATING OR BEVERAGE ESTABLISHMENT, WHICH OFFERS FOR SALE FOOD OR BEVERAG-
 ES TO THE PUBLIC, GUESTS, MEMBERS, OR PATRONS, WHERE THE FOOD OR  BEVER-
 AGES  ARE  CUSTOMARILY  CONSUMED  ON  THE PREMISES. FOR PURPOSES OF THIS
 TITLE, "RESTAURANT" SHALL INCLUDE A FAST FOOD ESTABLISHMENT, BAR, COFFEE
 SHOP, CAFETERIA, LUNCHEONETTE, OR SHORT ORDER  CAFE;  HOWEVER,  "RESTAU-
 RANT"  SHALL  NOT INCLUDE A SANDWICH STAND, SODA FOUNTAIN, DRIVE-THROUGH
 PORTION OF A RESTAURANT, DRIVE-IN RESTAURANT, OR  ANY  ESTABLISHMENT  OR
 PORTION OF A RESTAURANT WHERE FOOD OR BEVERAGES ARE CUSTOMARILY CONSUMED
 OFF THE PREMISES.
 § 27-2803. SINGLE-USE PLASTIC STRAWS.
   1. RESTAURANTS SHALL ONLY PROVIDE SINGLE-USE PLASTIC STRAWS TO CUSTOM-
 ERS WHEN EXPLICITLY REQUESTED BY THE CUSTOMER OR SELECTED BY THE CONSUM-
 ER FROM A SELF-SERVICE DISPENSER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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