NY State Senate Bill 2017-S8873

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2018	referred to environmental conservation

2017-S8873 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Title 27 Title Head, §27-2701, add Art 27 Title 27 §27-2706, En Con L; add §399-tt, Gen Bus L; amd §1352, Pub Health L

2017-S8873 (ACTIVE) - Summary

Prohibits single-use plastic straws and beverage stirrers in food service establishments; defines terms; provides that no food service establishment in the state shall offer to consumers any single-use beverage straw or beverage stirrer made of plastic or any other non-biodegradable material; further provides for exceptions.

2017-S8873 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8873

SPONSOR: AVELLA
 
TITLE OF BILL:  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 and beverage stirrers in food
service establishments

 
PURPOSE:

This bill would assist in reducing plastic pollution of our waters by
prohibiting food service establishments from providing single-use plas-
tic straws and beverage stirrers with drinks unless explicitly requested
by a customer.

 
SUMMARY OF PROVISIONS:

Section one amends the title heading of Title 27 of Article 27 of the
environmental conservation law to read "Plastic Bag, Plastic Straw, and
Beverage Stirrer Reduction, Reuse and Recycling."

Section two amends Section 27-2701 of the environmental conservation law
by adding eight new subdivisions which define relevant terms.

Section three amends Title 27 of Article 27 of the environmental conser-
vation law by adding new section 27-2706 which bans the use of single-
use plastic straws and beverage stirrers made of any non-biodegradable
material and provides penalties for the violation of this section.

Section four amends the general business law by adding new section 399-
tt, which states that single-use plastic straws, as defined by the envi-
ronmental conservation law, shall only be provided upon customer
request.

Section five amends Section 1352 of the public health law by updating it
to be consistent with the provisions of this bill.

Section six states that this act shall take effect on the one hundred
and twentieth day after it shall become law, but effective immediately
is the power to add, amend, or repeal any rule or regulation as neces-
sary for the implementation of this legislation.

 
JUSTIFICATION:

According to the United States National Park Service, Americans use 500
million plastic drinking straws each day. That means that on the average
day, Americans use these disposable straws at a rate of 1.6 straws per
person.

Further, a study by the University of California Santa Barbara's
National Center for Ecological Analysis and Synthesis (NCEAS) found that
8 million metric tons of plastic trash end up in our oceans every year.
In addition, while plastic straws represent only a fraction of the over-
all tonnage of ocean plastic, they are less likely to make it into recy-
cling bins, and their small size makes them dangerous for marine
animals.

By prohibiting some food service establishments from constantly provid-
ing these straws this will drastically decrease the number of straws
that end up in our landfills and waterways each year, improving the
environment and creating a safer ocean for marine animals

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect one hundred and twenty days after it becomes
law. Effective immediately is the addition, amendment, or repeal of any
rule or regulation necessary for the implementation of this act.

2017-S8873 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8873
 
                             I N  S E N A T E
 
                               May 31, 2018
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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  and beverage stirrers in food service establish-
   ments

   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, PLASTIC STRAW, AND BEVERAGE STIRRER
                      REDUCTION, REUSE AND RECYCLING
   §  2.  Section 27-2701 of the environmental conservation law, as added
 by chapter 641 of the laws of 2008,  is  amended  by  adding  eight  new
 subdivisions 8,9,10,11,12,13,14 and 15 to read as follows:
   8.  "FOOD  SERVICE  ESTABLISHMENT"  MEANS ANY DINER OR OTHER EATING OR
 BEVERAGE ESTABLISHMENT, 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,  "FOOD
 SERVICE  ESTABLISHMENT"  SHALL  INCLUDE  A FAST FOOD ESTABLISHMENT, BAR,
 COFFEE SHOP, CAFETERIA, LUNCHEONETTE,  OR  SHORT  ORDER  CAFE;  HOWEVER,
 "FOOD  SERVICE  ESTABLISHMENT"  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.
   9. "BEVERAGE STRAW" MEANS A TUBE USED FOR TRANSFERRING A BEVERAGE FROM
 ITS CONTAINER TO THE MOUTH OF A CONSUMER.
   10. "BEVERAGE STIRRER" MEANS A DEVICE  USED  BY  A  CONSUMER  THAT  IS
 DESIGNED  SOLELY FOR THE PURPOSE OF MIXING LIQUIDS INTENDED FOR INTERNAL
 HUMAN CONSUMPTION.
   11. "BIODEGRADABLE" MEANS THE ABILITY  OF  A  MATERIAL  TO  BREAKDOWN,
 WITHIN ONE YEAR, INTO NATURAL MATERIALS IN THE NATURAL ENVIRONMENT WITH-
 OUT CAUSING HARM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16087-01-8

 S. 8873                             2
 
   12.  "DISABILITY" MEANS A PHYSICAL, INTELLECTUAL OR SENSORY IMPAIRMENT
 THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.
   13. "MEDICAL CONDITION" MEANS ANY ILLNESS, DISEASE, DISORDER OR INJURY
 THAT REQUIRES MEDICAL TREATMENT.
   14.  "PLASTIC"  MEANS A SYNTHETIC MATERIAL MADE FROM ORGANIC POLYMERS,
 INCLUDING, BUT NOT LIMITED TO, POLYPROPYLENE AND POLYSTYRENE,  THAT  CAN
 BE  MOLDED  INTO SHAPE WHILE SOFT, AND THEN SET INTO A RIGID OR SLIGHTLY
 ELASTIC FORM.
   15. "SINGLE-USE" MEANS A PRODUCT THAT IS DESIGNED AND INTENDED  TO  BE
 USED  ONLY  ONCE  FOR DRINKING OR EATING, AND IS GENERALLY RECOGNIZED BY
 THE PUBLIC AS AN ITEM THAT IS TO BE DISCARDED AFTER ONE USE.
   § 3.  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 27-2706 to read as follows:
 § 27-2706. SINGLE-USE PLASTIC STRAWS AND BEVERAGE STIRRERS.
   1. NO FOOD SERVICE ESTABLISHMENT IN THE STATE SHALL OFFER TO CONSUMERS
 ANY SINGLE-USE BEVERAGE STRAW OR BEVERAGE STIRRER MADE OF PLASTIC OR ANY
 OTHER   NON-BIODEGRADABLE  MATERIAL.  FOOD  SERVICE  ESTABLISHMENTS  MAY
 PROVIDE SUITABLE BEVERAGE STRAWS OR BEVERAGE STIRRERS,  INCLUDING  THOSE
 PROHIBITED  BY  THIS SECTION, TO A PERSON THAT REQUIRES A STRAW DUE TO A
 DISABILITY OR MEDICAL CONDITION AS DEFINED BY THIS SECTION.
   2. IN CONSULTATION WITH OTHER STATE  AGENCIES,  THE  DEPARTMENT  SHALL
 CONDUCT OUTREACH AND EDUCATION TO FOOD SERVICE ESTABLISHMENTS AND STORES
 TO  INFORM THEM OF THE PROVISIONS OF THIS SECTION AND PROVIDE ASSISTANCE
 WITH IDENTIFYING REPLACEMENT MATERIAL.    SUCH  OUTREACH  AND  EDUCATION
 SHALL BE OFFERED IN MULTIPLE LANGUAGES.
   3. THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL HAVE THE AUTHORI-
 TY TO ENFORCE THE PROVISIONS OF THIS SECTION.
   4. ANY PERSON WHO VIOLATES THIS SECTION OR ANY RULE PROMULGATED PURSU-
 ANT  THERETO  SHALL BE LIABLE FOR A CIVIL PENALTY RECOVERABLE IN A CIVIL
 ACTION BROUGHT IN THE NAME OF THE COMMISSIONER AND THE  COMMISSIONER  OF
 HEALTH IN THE AMOUNT OF ONE HUNDRED DOLLARS FOR THE FIRST VIOLATION, TWO
 HUNDRED  DOLLARS  FOR  THE SECOND VIOLATION COMMITTED ON A DIFFERENT DAY
 WITHIN A PERIOD OF TWELVE MONTHS, AND FOUR HUNDRED DOLLARS FOR THE THIRD
 AND EACH SUBSEQUENT VIOLATION COMMITTED ON DIFFERENT DAYS WITHIN A PERI-
 OD OF TWELVE MONTHS, EXCEPT THAT SUCH COMMISSIONERS SHALL  NOT  ISSUE  A
 NOTICE  OF  VIOLATION, BUT SHALL ISSUE A WARNING AND PROVIDE INFORMATION
 ON REPLACEMENT MATERIAL, FOR ANY VIOLATION THAT OCCURS WITHIN  ONE  YEAR
 OF THE EFFECTIVE DATE OF THIS SECTION.
   §  4. The general business law is amended by adding a new section 399-
 tt to read as follows:
   § 399-TT.  SINGLE-USE  PLASTIC  STRAWS  AND  BEVERAGE  STIRRERS.  FOOD
 SERVICE  ESTABLISHMENTS  SHALL ONLY PROVIDE SINGLE-USE PLASTIC STRAWS OR
 BEVERAGE STIRRERS TO CUSTOMERS WHERE EXPLICITLY REQUESTED BY THE CUSTOM-
 ER PURSUANT TO TITLE TWENTY-SEVEN OF ARTICLE TWENTY-SEVEN OF  THE  ENVI-
 RONMENTAL CONSERVATION LAW, AS ADDED BY CHAPTER SIX HUNDRED FORTY-ONE OF
 THE LAWS OF TWO THOUSAND EIGHT.
   § 5. Subdivision 2 of section 1352 of the public health law is amended
 to read as follows:
   2.  (A)  It shall be unlawful to furnish or serve in any public eating
 or drinking establishment, any straw, tube or similar device for  drink-
 ing  out  of  glasses, cups or containers of any type unless such straw,
 tube or similar device conforms to and is furnished or served in accord-
 ance with TITLE TWENTY-SEVEN OF ARTICLE  TWENTY-SEVEN  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW,  AS ADDED BY CHAPTER SIX HUNDRED FORTY-ONE OF
 THE LAWS OF TWO THOUSAND EIGHT  AND  the  following  requirements:  When

 S. 8873                             3
 
 offered  for  use, it shall be completely enclosed in an impervious or a
 bactericidal wrapper to be opened by the ultimate user; if unwrapped  it
 may  be used if it is kept in an approved sanitary dispenser loaded from
 the  original  package without handling, which dispenses one such straw,
 tube or device  at  a  time  directly  to  the  user  and  which  is  so
 constructed  that  the  interior  may  be cleaned and kept in a sanitary
 condition; unused loose straws, tubes or devices already dispensed  from
 the  dispensing  container  shall  not  be used again. No single-service
 paper containers, paper cups, paper spoons, paper forks or paper  plates
 shall be used a second time.
   (B)  IT  SHALL  BE  UNLAWFUL  TO  FURNISH OR SERVE IN ANY FOOD SERVICE
 ESTABLISHMENT A BEVERAGE  STIRRER  AS  DEFINED  IN  SUBDIVISION  TEN  OF
 SECTION 27-2701 OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 6. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S8873

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2017-S8873 (ACTIVE) - Details

2017-S8873 (ACTIVE) - Summary

2017-S8873 (ACTIVE) - Sponsor Memo

2017-S8873 (ACTIVE) - Bill Text download pdf

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2017-S8873 (ACTIVE) - Details

2017-S8873 (ACTIVE) - Summary

2017-S8873 (ACTIVE) - Sponsor Memo

2017-S8873 (ACTIVE) - Bill Text download pdf

Comments