senate Bill S8257

2017-2018 Legislative Session

Relates to prohibiting plastic carryout bags

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 24, 2018 referred to rules

S8257 - Details

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

S8257 - Summary

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

S8257 - Sponsor Memo

S8257 - 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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