S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8793
 
                             I N  S E N A T E
 
                               May 18, 2018
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 plas-
   tic bag reduction, reuse and recycling; to  amend  the  state  finance
   law,  in  relation  to  the  reusable  grocery bag fund; and to repeal
   certain provisions of  the  environmental  conservation  law  relating
   thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 27-2701 of the environmental conservation  law,  as
 added  by chapter 641 of the laws of 2008, is REPEALED and a new section
 27-2701 is added to read as follows:
 § 27-2701. DEFINITIONS.
   1. "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   2. "POSTCONSUMER RECYCLED MATERIAL" MEANS A MATERIAL THAT WOULD OTHER-
 WISE BE DESTINED FOR SOLID WASTE DISPOSAL, HAVING COMPLETED ITS INTENDED
 END USE AND PRODUCT LIFE CYCLE. POSTCONSUMER RECYCLED MATERIAL DOES  NOT
 INCLUDE  MATERIALS  AND  BYPRODUCTS  GENERATED FROM, AND COMMONLY REUSED
 WITHIN, AN ORIGINAL MANUFACTURING AND FABRICATION PROCESS.
   3. "RECYCLED PAPER BAG" MEANS A PAPER CARRYOUT BAG PROVIDED BY A STORE
 TO A CUSTOMER AT THE POINT OF SALE  THAT  MEETS  ALL  OF  THE  FOLLOWING
 REQUIREMENTS:
   (A)  (1)  EXCEPT  AS  PROVIDED  IN SUBPARAGRAPH (2) OF THIS PARAGRAPH,
 CONTAINS A MINIMUM OF FORTY PERCENT POSTCONSUMER RECYCLED MATERIALS.
   (2) AN EIGHT POUND OR SMALLER RECYCLED PAPER BAG SHALL CONTAIN A MINI-
 MUM OF TWENTY PERCENT POSTCONSUMER RECYCLED MATERIAL.
   (B) IS ACCEPTED FOR RECYCLING IN CURBSIDE PROGRAMS IN  A  MAJORITY  OF
 HOUSEHOLDS THAT HAVE ACCESS TO CURBSIDE RECYCLING PROGRAMS IN THE STATE.
   (C)  HAS  PRINTED ON THE BAG THE NAME OF THE MANUFACTURER, THE COUNTRY
 WHERE THE BAG WAS MANUFACTURED, AND THE MINIMUM PERCENTAGE  OF  POSTCON-
 SUMER CONTENT.
   4. "REUSABLE GROCERY BAG" MEANS A BAG THAT IS PROVIDED BY A STORE TO A
 CUSTOMER  AT  THE  POINT  OF SALE THAT MEETS THE REQUIREMENTS OF SECTION
 27-2703 OF THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10016-02-7

 S. 8793                             2
 
   5. (A) "REUSABLE GROCERY BAG PRODUCER" MEANS A PERSON OR  ENTITY  THAT
 DOES ANY OF THE FOLLOWING:
   (1)  MANUFACTURES  REUSABLE GROCERY BAGS FOR SALE OR DISTRIBUTION TO A
 STORE.
   (2) IMPORTS REUSABLE  GROCERY  BAGS  INTO  THIS  STATE,  FOR  SALE  OR
 DISTRIBUTION TO A STORE.
   (3) SELLS OR DISTRIBUTES REUSABLE BAGS TO A STORE.
   (B)  "REUSABLE  GROCERY  BAG  PRODUCER" DOES NOT INCLUDE A STORE, WITH
 REGARD TO A REUSABLE GROCERY BAG FOR WHICH THERE IS  A  MANUFACTURER  OR
 IMPORTER,  AS  SPECIFIED  IN SUBPARAGRAPH (1) OR (2) OF PARAGRAPH (A) OF
 THIS SUBDIVISION.
   6. (A) "SINGLE-USE CARRYOUT BAG" MEANS A BAG MADE OF  PLASTIC,  PAPER,
 OR OTHER MATERIAL THAT IS PROVIDED BY A STORE TO A CUSTOMER AT THE POINT
 OF  SALE  AND THAT IS NOT A RECYCLED PAPER BAG OR A REUSABLE GROCERY BAG
 THAT MEETS THE REQUIREMENTS OF SECTION 27-2703 OF THIS TITLE.
   (B) A SINGLE-USE CARRYOUT BAG DOES NOT INCLUDE ANY OF THE FOLLOWING:
   (1) A BAG PROVIDED BY A PHARMACY.
   (2) A NONHANDLED BAG USED TO PROTECT A PURCHASED ITEM FROM DAMAGING OR
 CONTAMINATING OTHER PURCHASED ITEMS WHEN PLACED IN A RECYCLED PAPER BAG,
 A REUSABLE GROCERY BAG, OR A COMPOSTABLE PLASTIC BAG.
   (3) A BAG PROVIDED TO CONTAIN AN UNWRAPPED FOOD ITEM.
   (4) A NONHANDLED BAG THAT IS DESIGNED TO BE PLACED  OVER  ARTICLES  OF
 CLOTHING ON A HANGER.
   7.  "STORE" MEANS A RETAIL ESTABLISHMENT THAT MEETS ANY OF THE FOLLOW-
 ING REQUIREMENTS:
   (A) A FULL-LINE, SELF-SERVICE RETAIL STORE WITH GROSS ANNUAL SALES  OF
 TWO  MILLION  DOLLARS OR MORE THAT SELLS A LINE OF DRY GROCERIES, CANNED
 GOODS, OR NONFOOD ITEMS, AND SOME PERISHABLE ITEMS.
   (B) HAS AT LEAST TEN THOUSAND SQUARE FEET OF RETAIL SPACE THAT  GENER-
 ATES SALES OR USE TAX.
   (C)  IS A CONVENIENCE FOOD STORE, DELI, FOODMART, OR OTHER ENTITY THAT
 IS ENGAGED IN THE RETAIL SALE OF A  LIMITED  LINE  OF  GOODS,  GENERALLY
 INCLUDING MILK, BREAD, SODA, AND SNACK FOODS.
   (D)  IS A CONVENIENCE FOOD STORE, DELI, FOODMART, OR OTHER ENTITY THAT
 IS ENGAGED IN THE RETAIL SALE OF GOODS INTENDED TO BE CONSUMED  OFF  THE
 PREMISES.
   (E)  IS  NOT  OTHERWISE SUBJECT TO PARAGRAPHS (A), (B), (C), OR (D) OF
 THIS SUBDIVISION, IF THE  RETAIL  ESTABLISHMENT  VOLUNTARILY  AGREES  TO
 COMPLY  WITH  THE  REQUIREMENTS  IMPOSED  UPON  A STORE PURSUANT TO THIS
 TITLE, IRREVOCABLY NOTIFIES THE DEPARTMENT OF ITS INTENT TO COMPLY  WITH
 THE  REQUIREMENTS  IMPOSED  UPON  A  STORE  PURSUANT  TO THIS TITLE, AND
 COMPLIES WITH THE REQUIREMENTS ESTABLISHED PURSUANT TO SUBDIVISION  FIVE
 OF SECTION 27-2702 OF THIS TITLE.
   §  2.  Section 27-2703 of the environmental conservation law, as added
 by chapter 641 of the laws of  2008,  is  REPEALED  and  a  new  section
 27-2703 is added to read as follows:
 § 27-2703. STORE OPERATOR RESPONSIBILITIES.
   1. ON AND AFTER JULY FIRST, TWO THOUSAND EIGHTEEN, A STORE, AS DEFINED
 IN  PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION 27-2701 OF THIS
 TITLE, MAY SELL OR DISTRIBUTE A REUSABLE GROCERY BAG TO  A  CUSTOMER  AT
 THE  POINT OF SALE ONLY IF THE REUSABLE BAG IS MADE BY A PRODUCER CERTI-
 FIED PURSUANT TO THIS SECTION TO MEET ALL OF THE FOLLOWING REQUIREMENTS:
   (A) HAS A HANDLE AND IS DESIGNED FOR AT LEAST ONE HUNDRED  TWENTY-FIVE
 USES, AS PROVIDED IN THIS TITLE.
   (B) HAS A VOLUME CAPACITY OF AT LEAST FIFTEEN LITERS.

 S. 8793                             3
 
   (C)  IS  MACHINE  WASHABLE OR MADE FROM A MATERIAL THAT CAN BE CLEANED
 AND DISINFECTED.
   (D)  HAS  PRINTED  ON THE BAG, OR ON A TAG ATTACHED TO THE BAG THAT IS
 NOT INTENDED TO BE REMOVED, AND IN A MANNER VISIBLE TO THE CONSUMER, ALL
 OF THE FOLLOWING INFORMATION:
   (1) THE NAME OF THE MANUFACTURER.
   (2) THE COUNTRY WHERE THE BAG WAS MANUFACTURED.
   (3) A STATEMENT THAT THE BAG IS A REUSABLE BAG  AND  DESIGNED  FOR  AT
 LEAST ONE HUNDRED TWENTY-FIVE USES.
   (4) IF THE BAG IS ELIGIBLE FOR RECYCLING IN THE STATE, INSTRUCTIONS TO
 RETURN  THE  BAG  TO  THE  STORE FOR RECYCLING OR TO ANOTHER APPROPRIATE
 RECYCLING LOCATION. IF RECYCLABLE IN THE STATE, THE  BAG  SHALL  INCLUDE
 THE CHASING ARROWS RECYCLING SYMBOL OR THE TERM "RECYCLABLE", CONSISTENT
 WITH  THE  FEDERAL  TRADE  COMMISSION  GUIDELINES  USE  OF THAT TERM, AS
 UPDATED.
   (E) DOES NOT CONTAIN LEAD, CADMIUM, OR ANY OTHER TOXIC  MATERIAL  THAT
 MAY  POSE  A  THREAT  TO  PUBLIC HEALTH. A REUSABLE BAG MANUFACTURER MAY
 DEMONSTRATE COMPLIANCE WITH THIS REQUIREMENT BY OBTAINING A NO OBJECTION
 LETTER FROM THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   (F) COMPLIES WITH SECTION 260.12 OF PART TWO HUNDRED  SIXTY  OF  TITLE
 SIXTEEN  OF THE CODE OF FEDERAL REGULATIONS RELATED TO RECYCLABLE CLAIMS
 IF THE REUSABLE GROCERY BAG PRODUCER MAKES A  CLAIM  THAT  THE  REUSABLE
 GROCERY BAG IS RECYCLABLE.
   2.  (A)  IN  ADDITION  TO  THE REQUIREMENTS IN SUBDIVISION ONE OF THIS
 SECTION, A REUSABLE GROCERY BAG MADE FROM PLASTIC FILM SHALL MEET ALL OF
 THE FOLLOWING REQUIREMENTS:
   (1) ON AND AFTER JANUARY FIRST, TWO THOUSAND  NINETEEN,  IT  SHALL  BE
 MADE FROM A MINIMUM OF TWENTY PERCENT POSTCONSUMER RECYCLED MATERIAL.
   (2)  ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, IT SHALL BE
 MADE FROM A MINIMUM OF FORTY PERCENT POSTCONSUMER RECYCLED MATERIAL.
   (3) IT SHALL BE RECYCLABLE IN THIS STATE, AND ACCEPTED FOR  RETURN  AT
 STORES SUBJECT TO ANY AT-STORE RECYCLING PROGRAM FOR RECYCLING.
   (4)  IT  SHALL  HAVE,  IN  ADDITION  TO THE INFORMATION REQUIRED TO BE
 PRINTED ON THE BAG OR ON A TAG, PURSUANT TO SUBPARAGRAPH  (4)  OF  PARA-
 GRAPH  (D)  OF SUBDIVISION ONE OF THIS SECTION, A STATEMENT THAT THE BAG
 IS MADE PARTLY OR WHOLLY FROM POSTCONSUMER RECYCLED MATERIAL AND STATING
 THE POSTCONSUMER RECYCLED MATERIAL CONTENT PERCENTAGE, AS APPLICABLE.
   (5) IT SHALL BE CAPABLE OF CARRYING TWENTY-TWO POUNDS OVER A  DISTANCE
 OF  ONE  HUNDRED  SEVENTY-FIVE FEET FOR A MINIMUM OF ONE HUNDRED TWENTY-
 FIVE USES AND BE AT LEAST 2.25 MILLIMETERS THICK, MEASURED ACCORDING  TO
 THE AMERICAN SOCIETY OF TESTING AND MATERIALS STANDARD D6988-13.
   (B) A REUSABLE GROCERY BAG MADE FROM PLASTIC FILM THAT MEETS THE SPEC-
 IFICATIONS  OF  THE  AMERICAN  SOCIETY OF TESTING AND MATERIALS INTERNA-
 TIONAL  STANDARD  SPECIFICATION  FOR  COMPOSTABLE  PLASTICS  D6400,   AS
 UPDATED, IS NOT REQUIRED TO MEET THE REQUIREMENTS OF SUBPARAGRAPH (1) OR
 (2)  OF  PARAGRAPH  (A)  OF SUBDIVISION THREE OF SECTION 27-2701 OF THIS
 TITLE.
   3. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION,
 A REUSABLE GROCERY BAG THAT IS NOT MADE OF PLASTIC FILM AND THAT IS MADE
 FROM ANY OTHER NATURAL OR SYNTHETIC FABRIC, INCLUDING, BUT  NOT  LIMITED
 TO,  WOVEN OR NONWOVEN NYLON, POLYPROPYLENE, POLYETHYLENE-TEREPHTHALATE,
 OR TYVEK, SHALL SATISFY ALL OF THE FOLLOWING:
   (A) IT SHALL BE SEWN.
   (B) IT SHALL BE CAPABLE OF CARRYING TWENTY-TWO POUNDS OVER A  DISTANCE
 OF  ONE  HUNDRED  SEVENTY-FIVE FEET FOR A MINIMUM OF ONE HUNDRED TWENTY-
 FIVE USES.

 S. 8793                             4
 
   (C) IT SHALL HAVE A MINIMUM FABRIC WEIGHT OF AT LEAST EIGHTY GRAMS PER
 SQUARE METER.
   4.  ON AND AFTER JULY FIRST, TWO THOUSAND EIGHTEEN, A STORE AS DEFINED
 IN PARAGRAPH (C), (D) OR (E) OF SUBDIVISION SEVEN OF SECTION 27-2701  OF
 THIS TITLE, SHALL COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
   § 3. Section 27-2707 of the environmental conservation law is REPEALED
 and a new section 27-2707 is added to read as follows:
 § 27-2707. MANUFACTURER RESPONSIBILITIES.
   ON AND AFTER JULY FIRST, TWO THOUSAND EIGHTEEN, A PRODUCER OF REUSABLE
 GROCERY BAGS MADE FROM PLASTIC FILM SHALL NOT SELL OR DISTRIBUTE A REUS-
 ABLE  GROCERY  BAG  IN  THIS STATE UNLESS THE PRODUCER IS CERTIFIED BY A
 THIRD-PARTY CERTIFICATION ENTITY PURSUANT TO  SECTION  27-2709  OF  THIS
 TITLE. A PRODUCER SHALL PROVIDE PROOF OF CERTIFICATION TO THE DEPARTMENT
 DEMONSTRATING  THAT  THE  REUSABLE GROCERY BAGS PRODUCED BY THE PRODUCER
 COMPLY WITH THE PROVISIONS OF THIS TITLE.  THE  PROOF  OF  CERTIFICATION
 SHALL INCLUDE ALL OF THE FOLLOWING:
   1.  NAMES,  LOCATIONS,  AND  CONTACT  INFORMATION  OF  ALL  SOURCES OF
 POSTCONSUMER RECYCLED MATERIAL AND SUPPLIERS  OF  POSTCONSUMER  RECYCLED
 MATERIAL.
   2.  QUANTITY  AND DATES OF POSTCONSUMER RECYCLED MATERIAL PURCHASES BY
 THE REUSABLE GROCERY BAG PRODUCER.
   3. HOW THE POSTCONSUMER RECYCLED MATERIAL IS OBTAINED.
   4. INFORMATION DEMONSTRATING THAT THE POSTCONSUMER  RECYCLED  MATERIAL
 IS CLEANED USING APPROPRIATE WASHING EQUIPMENT.
   § 4. Section 27-2709 of the environmental conservation law is REPEALED
 and a new section 27-2709 is added to read as follows:
 § 27-2709. DEPARTMENT RESPONSIBILITIES.
   1.  (A) COMMENCING ON OR BEFORE JULY FIRST, TWO THOUSAND EIGHTEEN, THE
 CERTIFICATION CONDUCTED BY A THIRD-PARTY CERTIFICATION ENTITY, SUBMITTED
 UNDER PENALTY OF PERJURY, FOR EACH TYPE OF REUSABLE GROCERY BAG THAT  IS
 MANUFACTURED,  IMPORTED,  SOLD, OR DISTRIBUTED IN THE STATE AND PROVIDED
 TO A STORE FOR SALE OR DISTRIBUTION, AT THE POINT OF  SALE,  THAT  MEETS
 ALL  THE  APPLICABLE  REQUIREMENTS  OF  THIS TITLE. THE PROOF OF CERTIF-
 ICATION SHALL BE ACCOMPANIED BY A CERTIFICATION FEE, ESTABLISHED  PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION.
   (B)  A  REUSABLE GROCERY BAG PRODUCER SHALL RESUBMIT TO THE DEPARTMENT
 PROOF OF CERTIFICATION AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION
 ON BIENNIAL BASIS. A REUSABLE GROCERY BAG  PRODUCER  SHALL  PROVIDE  THE
 DEPARTMENT  WITH AN UPDATED PROOF OF CERTIFICATION CONDUCTED BY A THIRD-
 PARTY CERTIFICATION ENTITY  IF  ANY  MODIFICATION  THAT  IS  NOT  SOLELY
 AESTHETIC  IS  MADE  TO  A PREVIOUSLY CERTIFIED REUSABLE BAG. FAILURE TO
 COMPLY WITH THIS SUBDIVISION SHALL RESULT IN  REMOVAL  OF  THE  RELEVANT
 INFORMATION  POSTED  ON  THE  DEPARTMENT'S WEB SITE PURSUANT TO SUBPARA-
 GRAPHS (1) AND (2) OF PARAGRAPH (E) OF THIS SUBDIVISION FOR  EACH  REUS-
 ABLE  BAG  THAT  LACKS  AN UPDATED PROOF OF CERTIFICATION CONDUCTED BY A
 THIRD-PARTY CERTIFICATION ENTITY.
   (C) A  THIRD-PARTY  CERTIFICATION  ENTITY  SHALL  BE  AN  INDEPENDENT,
 ACCREDITED  ISO/IEC 17025 LABORATORY. A THIRD-PARTY CERTIFICATION ENTITY
 SHALL CERTIFY  THAT  THE  PRODUCER'S  REUSABLE  GROCERY  BAGS  MEET  THE
 REQUIREMENTS OF THIS SECTION.
   (D) THE DEPARTMENT SHALL PROVIDE A SYSTEM TO RECEIVE PROOFS OF CERTIF-
 ICATION ONLINE.
   (E)  ON  AND  AFTER  JULY FIRST, TWO THOUSAND EIGHTEEN, THE DEPARTMENT
 SHALL PUBLISH A LIST ON ITS WEB SITE THAT INCLUDES ALL OF THE FOLLOWING:
   (1) THE NAME, LOCATION, AND APPROPRIATE CONTACT INFORMATION OF  CERTI-
 FIED REUSABLE GROCERY BAG PRODUCERS.

 S. 8793                             5
 
   (2)  THE  REUSABLE  GROCERY  BAGS  OF PRODUCERS THAT HAVE PROVIDED THE
 REQUIRED CERTIFICATION.
   (F)  A REUSABLE GROCERY BAG PRODUCER SHALL SUBMIT APPLICABLE CERTIFIED
 TEST RESULTS TO THE DEPARTMENT CONFIRMING THAT THE REUSABLE GROCERY  BAG
 MEETS  THE  REQUIREMENTS OF THIS TITLE FOR EACH TYPE OF REUSABLE GROCERY
 BAG THAT IS MANUFACTURED, IMPORTED, SOLD, OR DISTRIBUTED  IN  THE  STATE
 AND PROVIDED TO A STORE FOR SALE OR DISTRIBUTION.
   (1) A PERSON MAY OBJECT TO THE CERTIFICATION OF A REUSABLE GROCERY BAG
 PRODUCER PURSUANT TO THIS SECTION BY FILING AN ACTION FOR REVIEW OF THAT
 CERTIFICATION  IN  THE  SUPERIOR COURT OF A COUNTY THAT HAS JURISDICTION
 OVER THE REUSABLE GROCERY BAG PRODUCER. THE COURT SHALL DETERMINE IF THE
 REUSABLE GROCERY BAG PRODUCER IS IN COMPLIANCE WITH THE REQUIREMENTS  OF
 THIS TITLE.
   (2)  A  REUSABLE  GROCERY  BAG  PRODUCER  WHOSE CERTIFICATION IS BEING
 OBJECTED TO PURSUANT TO SUBPARAGRAPH (1)  OF  THIS  PARAGRAPH  SHALL  BE
 DEEMED  IN  COMPLIANCE  WITH  THIS  TITLE PENDING A DETERMINATION BY THE
 COURT.
   (3) BASED ON ITS DETERMINATION, THE COURT SHALL DIRECT THE  DEPARTMENT
 TO REMOVE THE REUSABLE GROCERY BAG PRODUCER FROM, OR RETAIN THE REUSABLE
 GROCERY BAG PRODUCER ON, ITS LIST PUBLISHED PURSUANT TO PARAGRAPH (E) OF
 THIS SUBDIVISION.
   (4)  IF  THE COURT DIRECTS THE DEPARTMENT TO REMOVE A REUSABLE GROCERY
 BAG PRODUCER FROM ITS PUBLISHED LIST, THE REUSABLE GROCERY BAG  PRODUCER
 SHALL REMAIN OFF OF THE PUBLISHED LIST FOR A PERIOD OF ONE YEAR FROM THE
 DATE OF THE COURT'S DETERMINATION.
   2.  (A)  A  REUSABLE  GROCERY BAG PRODUCER SHALL SUBMIT THE FEE ESTAB-
 LISHED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION TO  THE  DEPARTMENT
 WHEN  PROVIDING  PROOF  OF  CERTIFICATION OR RECERTIFICATION PURSUANT TO
 THIS SUBDIVISION AND SECTION 27-2707 OF THIS TITLE.
   (B) THE DEPARTMENT SHALL ESTABLISH AN ADMINISTRATIVE CERTIFICATION FEE
 SCHEDULE THAT WILL GENERATE FEE REVENUES SUFFICIENT TO  COVER,  BUT  NOT
 EXCEED,  THE  DEPARTMENT'S REASONABLE COSTS TO IMPLEMENT THIS TITLE. THE
 DEPARTMENT SHALL DEPOSIT ALL MONEYS SUBMITTED PURSUANT TO  THIS  SECTION
 INTO  THE  REUSABLE  GROCERY  BAG  FUND  ESTABLISHED PURSUANT TO SECTION
 97-YYYY OF THE STATE FINANCE LAW.  MONEYS IN THE FUND SHALL  BE  CONTIN-
 UOUSLY  APPROPRIATED,  WITHOUT  REGARD TO FISCAL YEAR, TO THE DEPARTMENT
 FOR THE PURPOSE OF IMPLEMENTING THIS TITLE.
   § 5. Title 27 of article 27 of the environmental conservation law,  as
 added  by  chapter  641  of the laws of 2008, is amended by adding a new
 section 27-2702 to read as follows:
 § 27-2702. SINGLE USE CARRYOUT BAGS.
   1. (A) EXCEPT AS PROVIDED IN PARAGRAPH (E) OF THIS SUBDIVISION, ON AND
 AFTER JULY FIRST, TWO THOUSAND EIGHTEEN, A STORE, AS  DEFINED  IN  PARA-
 GRAPH  (A) OR (B) OF SUBDIVISION SEVEN OF SECTION 27-2701 OF THIS TITLE,
 SHALL NOT PROVIDE A SINGLE-USE CARRYOUT BAG TO A CUSTOMER AT  THE  POINT
 OF SALE.
   (B)  (1)  ON  AND AFTER JULY FIRST, TWO THOUSAND EIGHTEEN, A STORE, AS
 DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION  27-2701
 OF  THIS  TITLE,  SHALL NOT SELL OR DISTRIBUTE A REUSABLE GROCERY BAG AT
 THE POINT OF SALE EXCEPT AS PROVIDED IN THIS SUBDIVISION.
   (2) ON AND AFTER JULY  FIRST,  TWO  THOUSAND  EIGHTEEN,  A  STORE,  AS
 DEFINED  IN PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION 27-2701
 OF THIS TITLE, MAY MAKE AVAILABLE FOR PURCHASE AT THE POINT  OF  SALE  A
 REUSABLE  GROCERY  BAG THAT MEETS THE REQUIREMENTS OF SECTION 27-2703 OF
 THIS TITLE.

 S. 8793                             6
 
   (3) ON AND AFTER JULY  FIRST,  TWO  THOUSAND  EIGHTEEN,  A  STORE,  AS
 DEFINED  IN PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION 27-2701
 OF THIS TITLE, THAT MAKES REUSABLE GROCERY BAGS AVAILABLE  FOR  PURCHASE
 PURSUANT  TO SUBPARAGRAPH (2) OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL
 NOT  SELL  THE  REUSABLE GROCERY BAG FOR LESS THAN TEN CENTS IN ORDER TO
 ENSURE THAT THE COST OF PROVIDING A REUSABLE GROCERY BAG IS  NOT  SUBSI-
 DIZED BY A CUSTOMER WHO DOES NOT REQUIRE THAT BAG.
   (C)  (1)  ON  AND AFTER JULY FIRST, TWO THOUSAND EIGHTEEN, A STORE, AS
 DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION  27-2701
 OF  THIS TITLE, SHALL NOT SELL OR DISTRIBUTE A RECYCLED PAPER BAG EXCEPT
 AS PROVIDED IN THIS SUBDIVISION.
   (2) A STORE, AS DEFINED IN PARAGRAPH (A) OR (B) OF  SUBDIVISION  SEVEN
 OF  SECTION  27-2701  OF  THIS  TITLE, MAY MAKE AVAILABLE FOR PURCHASE A
 RECYCLED PAPER BAG. ON AND AFTER JULY FIRST, TWO THOUSAND EIGHTEEN,  THE
 STORE  SHALL  NOT  SELL  A RECYCLED PAPER BAG FOR LESS THAN TEN CENTS IN
 ORDER TO ENSURE THAT THE COST OF PROVIDING A RECYCLED PAPER BAG  IS  NOT
 SUBSIDIZED BY A CONSUMER WHO DOES NOT REQUIRE THAT BAG.
   (D)  NOTWITHSTANDING ANY OTHER LAW, ON AND AFTER JULY FIRST, TWO THOU-
 SAND EIGHTEEN, A STORE, AS DEFINED IN PARAGRAPH (A) OR (B)  OF  SUBDIVI-
 SION SEVEN OF SECTION 27-2701 OF THIS TITLE, THAT MAKES REUSABLE GROCERY
 BAGS  OR RECYCLED PAPER BAGS AVAILABLE FOR PURCHASE AT THE POINT OF SALE
 SHALL PROVIDE A REUSABLE GROCERY BAG OR A RECYCLED PAPER BAG AT NO  COST
 AT  THE  POINT  OF  SALE  TO  A CUSTOMER USING A PAYMENT CARD OR VOUCHER
 ISSUED BY  THE  NEW  YORK  SUPPLEMENTAL  NUTRITION  PROGRAM  FOR  WOMEN,
 INFANTS,  AND CHILDREN PURSUANT TO SECTION 2507 OF THE PUBLIC HEALTH LAW
 OR AN ELECTRONIC BENEFIT TRANSFER CARD ISSUED PURSUANT TO SECTION 95  OF
 THE SOCIAL SERVICES LAW.
   (E)  ON  AND  AFTER  JULY  FIRST,  TWO  THOUSAND EIGHTEEN, A STORE, AS
 DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION  27-2701
 OF THIS TITLE, MAY DISTRIBUTE A COMPOSTABLE BAG AT THE POINT OF SALE, IF
 THE  COMPOSTABLE  BAG  IS PROVIDED TO THE CONSUMER AT THE COST SPECIFIED
 PURSUANT TO SUBPARAGRAPH (2) OF PARAGRAPH (C) OF THIS  SUBDIVISION,  THE
 COMPOSTABLE BAG, AT A MINIMUM, MEETS THE AMERICAN SOCIETY OF TESTING AND
 MATERIALS  INTERNATIONAL STANDARD SPECIFICATION FOR COMPOSTABLE PLASTICS
 D6400, AS UPDATED, AND IN THE JURISDICTION WHERE THE COMPOSTABLE BAG  IS
 SOLD  AND  IN  THE  JURISDICTION WHERE THE STORE IS LOCATED, BOTH OF THE
 FOLLOWING REQUIREMENTS ARE MET:
   (1) A MAJORITY OF THE RESIDENTIAL HOUSEHOLDS IN THE JURISDICTION  HAVE
 ACCESS TO CURBSIDE COLLECTION OF FOOD WASTE FOR COMPOSTING.
   (2)  THE  GOVERNING  AUTHORITY FOR THE JURISDICTION HAS VOTED TO ALLOW
 STORES IN THE JURISDICTION TO SELL TO CONSUMERS AT THE POINT OF  SALE  A
 COMPOSTABLE  BAG  AT  A  COST  NOT LESS THAN THE ACTUAL COST OF THE BAG,
 WHICH THE LEGISLATURE HEREBY FINDS TO BE NOT LESS  THAN  TEN  CENTS  PER
 BAG.
   (F)  A  STORE, AS DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN
 OF SECTION 27-2701 OF THIS TITLE, SHALL NOT REQUIRE A CUSTOMER  TO  USE,
 PURCHASE,  OR  ACCEPT  A  SINGLE-USE  CARRYOUT  BAG, RECYCLED PAPER BAG,
 COMPOSTABLE BAG, OR REUSABLE GROCERY BAG AS A CONDITION OF SALE  OF  ANY
 PRODUCT.
   2. ON AND AFTER JULY FIRST, TWO THOUSAND NINETEEN, A STORE, AS DEFINED
 IN  PARAGRAPH (C), (D) OR (E) OF SUBDIVISION SEVEN OF SECTION 27-2701 OF
 THIS TITLE, SHALL COMPLY WITH THE SAME REQUIREMENTS OF THIS SECTION THAT
 ARE IMPOSED UPON A STORE, AS DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVI-
 SION SEVEN OF SECTION 27-2701 OF THIS TITLE.
   3. (A) THE OPERATOR OF A STORE, AS DEFINED IN PARAGRAPH (A) OR (B)  OF
 SUBDIVISION  SEVEN  OF SECTION 27-2701 OF THIS TITLE THAT MAKES RECYCLED

 S. 8793                             7
 
 PAPER OR REUSABLE GROCERY BAGS AVAILABLE AT THE POINT OF SALE, SHALL  BE
 SUBJECT  TO THE PROVISIONS OF THE AT-STORE RECYCLING PROGRAM ESTABLISHED
 PURSUANT TO SECTION 27-2705 OF THIS TITLE.
   (B)  A  STORE THAT VOLUNTARILY AGREES TO COMPLY WITH THE PROVISIONS OF
 THIS TITLE PURSUANT TO SUBDIVISION SEVEN  OF  SECTION  27-2701  OF  THIS
 TITLE,  SHALL  ALSO COMPLY WITH THE PROVISIONS OF THE AT-STORE RECYCLING
 PROGRAM ESTABLISHED PURSUANT TO SECTION 27-2705 OF THIS TITLE.
   4. ALL MONEYS COLLECTED PURSUANT TO THIS TITLE SHALL  BE  RETAINED  BY
 THE STORE AND MAY BE USED ONLY FOR THE FOLLOWING PURPOSES:
   (A)  COSTS  ASSOCIATED  WITH  COMPLYING  WITH THE REQUIREMENTS OF THIS
 TITLE.
   (B) ACTUAL COSTS OF PROVIDING RECYCLED PAPER BAGS OR REUSABLE  GROCERY
 BAGS.
   (C)  COSTS  ASSOCIATED  WITH A STORE'S EDUCATIONAL MATERIALS OR EDUCA-
 TIONAL CAMPAIGN ENCOURAGING THE USE OF REUSABLE GROCERY BAGS.
   5. (A) A RETAIL ESTABLISHMENT NOT SPECIFICALLY REQUIRED TO COMPLY WITH
 THE REQUIREMENTS OF THIS TITLE IS ENCOURAGED TO REDUCE ITS  DISTRIBUTION
 OF SINGLE-USE PLASTIC CARRYOUT BAGS.
   (B) PURSUANT TO THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION 27-2701
 OF  THIS  TITLE,  ANY  RETAIL  ESTABLISHMENT THAT IS NOT A "STORE", THAT
 PROVIDES THE DEPARTMENT WITH THE IRREVOCABLE WRITTEN NOTICE AS SPECIFIED
 IN PARAGRAPH (C) OF THIS SUBDIVISION SHALL BE REGULATED AS A "STORE" FOR
 THE PURPOSES OF THIS TITLE.
   (C) THE IRREVOCABLE WRITTEN NOTICE SHALL BE DATED  AND  SIGNED  BY  AN
 AUTHORIZED REPRESENTATIVE OF THE RETAIL ESTABLISHMENT, AND SHALL INCLUDE
 THE  NAME  AND  PHYSICAL  ADDRESS OF ALL RETAIL LOCATIONS COVERED BY THE
 NOTICE. THE DEPARTMENT SHALL ACKNOWLEDGE RECEIPT OF THE NOTICE IN  WRIT-
 ING  AND  SHALL  SPECIFY THE DATE THE RETAIL ESTABLISHMENT WILL BE REGU-
 LATED AS A "STORE", WHICH SHALL NOT BE LESS THAN THIRTY DAYS  AFTER  THE
 DATE  OF  THE  DEPARTMENT'S ACKNOWLEDGMENT. THE DEPARTMENT SHALL POST ON
 ITS WEB SITE, ORGANIZED BY COUNTY, THE NAME  AND  PHYSICAL  LOCATION  OR
 LOCATIONS  OF EACH RETAIL ESTABLISHMENT THAT HAS ELECTED TO BE REGULATED
 AS A "STORE".
   § 6. Title 27 of article 27 of the environmental conservation law,  as
 added  by  chapter  641  of the laws of 2008, is amended by adding a new
 section 27-2712 to read as follows:
 § 27-2712. ENFORCEMENT.
   1. A CITY, A COUNTY, A CITY AND COUNTY, OR  THE  STATE  MAY  IMPOSE  A
 CIVIL  LIABILITY  ON  A  PERSON  OR  ENTITY THAT KNOWINGLY VIOLATED THIS
 TITLE, OR REASONABLY SHOULD HAVE KNOWN THAT IT VIOLATED THIS  TITLE,  IN
 THE  AMOUNT  OF  ONE THOUSAND DOLLARS PER DAY FOR THE FIRST VIOLATION OF
 THIS TITLE, TWO THOUSAND DOLLARS PER DAY FOR THE SECOND  VIOLATION,  AND
 FIVE THOUSAND DOLLARS PER DAY FOR THE THIRD AND SUBSEQUENT VIOLATIONS.
   2.  ANY  CIVIL PENALTIES COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL BE PAID TO THE OFFICE OF THE CITY ATTORNEY, CITY  PROSECU-
 TOR,  DISTRICT  ATTORNEY,  OR ATTORNEY GENERAL, WHICHEVER OFFICE BROUGHT
 THE ACTION. THE PENALTIES COLLECTED PURSUANT  TO  THIS  SECTION  BY  THE
 ATTORNEY GENERAL MAY BE EXPENDED BY THE ATTORNEY GENERAL, UPON APPROPRI-
 ATION BY THE LEGISLATURE, TO ENFORCE THIS TITLE.
   § 7. Section 27-2713 of the environmental conservation law is REPEALED
 and a new section 27-2713 is added to read as follows:
 § 27-2713. PREEMPTION.
   1. EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, THIS TITLE
 IS A MATTER OF STATEWIDE INTEREST AND CONCERN AND IS APPLICABLE UNIFORM-
 LY  THROUGHOUT  THE  STATE.   ACCORDINGLY, THIS TITLE OCCUPIES THE WHOLE
 FIELD OF REGULATION OF REUSABLE GROCERY BAGS, SINGLE-USE CARRYOUT  BAGS,

 S. 8793                             8

 AND  RECYCLED PAPER BAGS, AS DEFINED IN THIS TITLE, PROVIDED BY A STORE,
 AS DEFINED IN THIS TITLE.
   2.  ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, A CITY, COUNTY,
 OR OTHER LOCAL PUBLIC AGENCY SHALL NOT ENFORCE, OR OTHERWISE  IMPLEMENT,
 AN ORDINANCE, RESOLUTION, REGULATION, OR RULE, OR ANY AMENDMENT THERETO,
 ADOPTED  ON  OR  AFTER  THE  EFFECTIVE DATE OF THIS SECTION, RELATING TO
 REUSABLE GROCERY BAGS, SINGLE-USE CARRYOUT BAGS, OR RECYCLED PAPER BAGS,
 AGAINST A STORE, AS DEFINED IN THIS TITLE, UNLESS  EXPRESSLY  AUTHORIZED
 BY THIS TITLE.
   3.  (A) A CITY, COUNTY, OR OTHER LOCAL PUBLIC AGENCY THAT HAS ADOPTED,
 BEFORE THE EFFECTIVE DATE OF THIS  SECTION,  AN  ORDINANCE,  RESOLUTION,
 REGULATION, OR RULE RELATING TO REUSABLE GROCERY BAGS, SINGLE-USE CARRY-
 OUT  BAGS,  OR RECYCLED PAPER BAGS MAY CONTINUE TO ENFORCE AND IMPLEMENT
 THAT ORDINANCE, RESOLUTION, REGULATION,  OR  RULE  THAT  WAS  IN  EFFECT
 BEFORE  THAT DATE.   ANY AMENDMENTS TO THAT ORDINANCE, RESOLUTION, REGU-
 LATION, OR RULE ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN,  SHALL
 BE  SUBJECT TO SUBDIVISION TWO OF THIS SECTION, EXCEPT THE CITY, COUNTY,
 OR OTHER LOCAL PUBLIC AGENCY MAY ADOPT OR  AMEND  AN  ORDINANCE,  RESOL-
 UTION,  REGULATION,  OR  RULE  TO INCREASE THE AMOUNT THAT A STORE SHALL
 CHARGE WITH REGARD TO A RECYCLED PAPER BAG, COMPOSTABLE BAG, OR REUSABLE
 GROCERY BAG TO NO LESS THAN THE AMOUNT SPECIFIED IN SECTION  27-2702  OF
 THIS TITLE.
   (B)  A CITY, COUNTY, OR OTHER LOCAL PUBLIC AGENCY NOT COVERED BY PARA-
 GRAPH (A) OF THIS SUBDIVISION THAT, BEFORE THE EFFECTIVE  DATE  OF  THIS
 SECTION,  HAS  PASSED  A  FIRST  READING  OF  AN ORDINANCE OR RESOLUTION
 EXPRESSING THE INTENT TO RESTRICT SINGLE-USE CARRYOUT BAGS  AND,  BEFORE
 JANUARY  FIRST,  TWO  THOUSAND EIGHTEEN, ADOPTS AN ORDINANCE TO RESTRICT
 SINGLE-USE CARRYOUT BAGS, MAY CONTINUE  TO  ENFORCE  AND  IMPLEMENT  THE
 ORDINANCE  THAT  WAS  IN EFFECT BEFORE JANUARY FIRST, TWO THOUSAND EIGH-
 TEEN.
   § 8. The state finance law is amended by adding a new section  97-yyyy
 to read as follows:
   §  97-YYYY.  REUSABLE GROCERY BAG FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE COMMISSIONER OF THE DEPARTMENT  OF  ENVIRON-
 MENTAL CONSERVATION AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "REUS-
 ABLE GROCERY BAG FUND".
   2.  THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
 ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO  BE
 PAID  INTO  OR  CREDITED  TO  SUCH FUND. WHENEVER A LAWSUIT RESULTS IN A
 CIVIL JUDGMENT FOR EXPENSES ALREADY PAID FOR BY THE FUND,  THAT  PORTION
 OF  THE  CIVIL  JUDGMENT  SHALL BE PAID INTO THE FUND. NOTHING CONTAINED
 HEREIN SHALL PREVENT THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION  FROM
 RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR THE PURPOSES OF THE FUND AS
 DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND  ACCORDING  TO
 LAW.
   3.  MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE PURSUANT TO
 SECTION 27-2709 OF THE ENVIRONMENTAL CONSERVATION LAW.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMIS-
 SIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   § 9. This act shall take effect immediately.