Senate Bill S8257

2017-2018 Legislative Session

Relates to prohibiting plastic carryout bags

download bill text pdf

Sponsored By

There are no sponsors of this bill.

Archive: Last Bill Status - In Senate Committee Rules 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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2017-S8257 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-2708, amd §27-2713, En Con L

2017-S8257 (ACTIVE) - Summary

Prohibits the provision of plastic carryout bags at any point of sale to customers beginning January 1, 2019.

2017-S8257 (ACTIVE) - Sponsor Memo

2017-S8257 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8257
 
                             I N  S E N A T E
 
                              April 24, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting plastic carryout bags
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The environmental conservation law is amended by  adding  a
 new section 27-2708 to read as follows:
 § 27-2708. PLASTIC CARRYOUT BAG PROHIBITION.
   1.  BEGINNING  JANUARY  FIRST, TWO THOUSAND NINETEEN, THE PROVISION OF
 PLASTIC CARRYOUT BAGS AT ANY POINT OF SALE TO CUSTOMERS IS PROHIBITED.
   2. THIS PROHIBITION DOES NOT APPLY TO (I) A REUSABLE BAG THAT  IS  NOT
 MADE OF FILM PLASTIC OR A COMPOSTABLE BAG; (II) A PLASTIC BAG USED SOLE-
 LY  TO  CONTAIN OR WRAP UNCOOKED MEAT, FISH, OR POULTRY; (III) A PLASTIC
 BAG USED BY A CUSTOMER SOLELY TO PACKAGE BULK  ITEMS,  SUCH  AS  FRUITS,
 VEGETABLES,  NUTS,  GRAINS,  OR CANDY; (IV) A PLASTIC BAG USED SOLELY TO
 CONTAIN FOOD SLICED TO ORDER; (V) A PLASTIC BAG USED SOLELY TO CONTAIN A
 NEWSPAPER FOR DELIVERY TO A SUBSCRIBER; (VI) PLASTIC BAGS SOLD IN  BULK;
 (VII)  A  PLASTIC  BAG PREPACKAGED FOR SALE TO A CUSTOMER INCLUDING, BUT
 NOT LIMITED TO, A TRASH BAG AND A FOOD STORAGE  BAG;  (VIII)  A  PLASTIC
 GARMENT  BAG;  (IX)  A  PLASTIC  BAG PROVIDED BY A RESTAURANT, TAVERN OR
 SIMILAR ESTABLISHMENT TO CARRY OUT OR DELIVER FOOD; OR (X) ANY OTHER BAG
 EXEMPTED BY THE DEPARTMENT IN REGULATIONS.
   § 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 AND FEES OR OTHER MEASURES ASSOCIATED WITH REDUCING THE USE OF
 SINGLE USE BAGS is by this article vested exclusively in the state.  Any
 provision  of  any  local  law  or  ordinance, or any rule or regulation
 promulgated thereto, governing the recycling of plastic  bags  and  film
 plastic  AND  FEES  OR  OTHER  MEASURES  ASSOCIATED WITH SINGLE USE BAGS
 shall, upon the effective date of this title, be  preempted.    Provided
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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