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BILL NUMBER: S8257
SPONSOR: RULES
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting plastic carryout bags
PURPOSE OF THE BILL:
This bill would amend the environmental conservation law to impose a ban
on plastic carryout bags.
SUMMARY OF PROVISIONS:
Section 1 of this bill would add a new section 27-2708 to the environ-
mental conservation law (ECL) to prohibit the provision of plastic
carryout bags to customers at the point of sale beginning January 1,
2019.
Section 2 of this bill would amend section 27-2713 of the ECL, describ-
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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