NY State Senate Bill 2017-S8726

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2018	print number 8726b
Jun 07, 2018	amend (t) and recommit to environmental conservation
May 24, 2018	print number 8726a
May 24, 2018	amend and recommit to environmental conservation
May 10, 2018	referred to environmental conservation

Bill Amendments

Original

B (Active)

2017-S8726 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Title 27 Head, §27-2701, add §27-2706, En Con L; add §399-tt, Gen Bus L; amd §1352, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1477
2021-2022: S1505
2023-2024: S3186

2017-S8726 - Summary

Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer or when selected by the consumer from a self-service dispenser.

2017-S8726 - Sponsor Memo

                                
 
BILL NUMBER: S8726

SPONSOR: HOYLMAN
 
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 in restaurants

 
PURPOSE:

This bill would reduce plastic pollution by prohibiting certain restau-
rants and food service establishments from providing a single-use plas-
tic straw with drinks unless requested by the customer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the title heading of title 27 of article 27 of the
environmental conservation law.

Section two amends section 27-2701 of the environmental conservation law

by adding a new subdivision 8.

Section three amends the environmental conservation law by adding a new
section 27-2706.

Section four amends the general business law by adding a new section
399-tt.

Section five amends subdivision 2 of section 1352 of the public health
law.

Section six sets forth the effective date.

 
JUSTIFICATION:

According to the United States National Park Service, Americans use 500
million plastic drinking straws each day. A majority of these straws
come from restaurants and other food service establishments where it is
common for a single-use plastic straw to be provided with each beverage
served. Plastic straws are quickly disposed of and end up in our land-
fills and waterways, where they are often ingested by land and marine
animals.

Plastic straws, typically made of a material called polypropylene, may
break down into smaller pieces over long periods of time, but never
completely biodegrade. It is said that nearly every plastic straw ever
used still exists in some form. While some plastics do end up being
incinerated, this process allows harmful, toxic chemicals to be released
into the air.

By prohibiting certain food service establishments from habitually hand-
ing out straws with every beverage served and switching over to a "upon
request only" system, these establishments will be able to markedly
reduce the number of straws that end up in landfills and Waterways each
year, creating a cleaner and safer environment for humans and animals
alike.

 
LEGISLATIVE HISTORY:
This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect in 120 days.

2017-S8726 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8726
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 in restaurants
 
   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 AND PLASTIC STRAW
                      REDUCTION, REUSE AND RECYCLING
 § 2. Section 27-2701 of the environmental conservation law is amended by
 adding a new subdivision 8 to read as follows:
   8. "RESTAURANT" MEANS ANY DINER OR OTHER EATING OR BEVERAGE ESTABLISH-
 MENT, 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, "RESTAURANT"  DOES
 NOT  INCLUDE  A  FAST  FOOD  ESTABLISHMENT, BAR, COFFEE SHOP, CAFETERIA,
 LUNCHEONETTE, SANDWICH STAND, SHORT ORDER CAFE, OR SODA FOUNTAIN.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 27-2706 to read as follows:
 § 27-2706. SINGLE-USE PLASTIC STRAWS.
   RESTAURANTS  SHALL ONLY PROVIDE SINGLE-USE PLASTIC STRAWS TO CUSTOMERS
 WHERE EXPLICITLY REQUESTED BY THE CUSTOMER.
   § 4. The general business law is amended by adding a new section  399-
 tt to read as follows:
   §  399-TT.  SINGLE-USE  PLASTIC STRAWS. RESTAURANTS SHALL ONLY PROVIDE
 SINGLE-USE PLASTIC STRAWS TO CUSTOMERS WHERE EXPLICITLY REQUESTED BY THE
 CUSTOMER PURSUANT TO TITLE TWENTY-SEVEN OF ARTICLE TWENTY-SEVEN  OF  THE
 ENVIRONMENTAL CONSERVATION LAW.
   § 5. Subdivision 2 of section 1352 of the public health law is amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14988-01-8

 S. 8726                             2
 
   2.  It  shall  be unlawful to furnish or serve in any public eating or
 drinking establishment, any straw, tube or similar device  for  drinking
 out  of  glasses, cups or containers of any type unless such straw, tube
 or similar device conforms to and is furnished or served  in  accordance
 with  TITLE  TWENTY-SEVEN  OF  ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL
 CONSERVATION LAW AND the following requirements:  When offered for  use,
 it shall be completely enclosed in an impervious or a bactericidal wrap-
 per 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 pack-
 age  without handling, which dispenses one such straw, tube or device at
 a time directly to the user and which is so constructed that the interi-
 or 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.
   § 6. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

2017-S8726A - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Title 27 Head, §27-2701, add §27-2706, En Con L; add §399-tt, Gen Bus L; amd §1352, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1477
2021-2022: S1505
2023-2024: S3186

2017-S8726A - Summary

Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer or when selected by the consumer from a self-service dispenser.

2017-S8726A - Sponsor Memo

                                
 
BILL NUMBER: S8726A

SPONSOR: HOYLMAN
 
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 in restaurants

 
PURPOSE:

This bill would reduce plastic pollution by prohibiting certain restau-
rants and food service establishments from providing a single-use plas-
tic straw with drinks unless requested by the customer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the title heading of title 27 of article 27 of the
environmental conservation law.

Section two amends section 27-2701 of the environmental conservation law
by adding a new subdivision 8.

Section three amends the environmental conservation law by adding a new
section 27-2706.

Section four amends the general business law by adding a new section
399-tt.

Section five amends subdivision 2 of section 1352 of the public health
law.

Section six sets forth the effective date.

 
JUSTIFICATION:

According to the United States National Park Service, Americans use 500
million plastic drinking straws each day. A majority of these straws
come from restaurants and other food service establishments where it is
common for a single-use plastic straw to be provided with each beverage
served. Plastic straws are quickly disposed of and end up in our land-
fills and waterways, where they are often ingested by land and marine
animals.

Plastic straws, typically made of a material called polypropylene, may
break down into smaller pieces over long periods of time, but never
completely biodegrade. It is said that nearly every plastic straw ever
used still exists in some form. While some plastics do end up being
incinerated, this process allows harmful, toxic chemicals to be released
into the air.

By prohibiting certain food service establishments from habitually hand-
ing out straws with every beverage served and switching over to a "upon
request only" system, these establishments will be able to markedly
reduce the number of straws that end up in landfills and waterways each
year, creating a cleaner and safer environment for humans and animals
alike.

 
LEGISLATIVE HISTORY:

This is a new bill.
 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect in 120 days.

2017-S8726A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8726--A
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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 in restaurants
 
   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 AND PLASTIC STRAW
                      REDUCTION, REUSE AND RECYCLING
   §  2. Section 27-2701 of the environmental conservation law is amended
 by adding a new subdivision 8 to read as follows:
   8. "RESTAURANT" MEANS ANY DINER OR OTHER EATING OR BEVERAGE ESTABLISH-
 MENT, 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, "RESTAURANT" SHALL
 INCLUDE A FAST FOOD ESTABLISHMENT, BAR, COFFEE SHOP, CAFETERIA, LUNCHEO-
 NETTE, OR SHORT ORDER CAFE; HOWEVER, "RESTAURANT" 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.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 27-2706 to read as follows:
 § 27-2706. SINGLE-USE PLASTIC STRAWS.
   1. RESTAURANTS SHALL ONLY PROVIDE SINGLE-USE PLASTIC STRAWS TO CUSTOM-
 ERS WHERE EXPLICITLY REQUESTED BY THE CUSTOMER.
   2. NOTHING IN THIS SECTION SHALL PRECLUDE A RESTAURANT FROM  PROVIDING
 CUSTOMERS  WITH NON-PLASTIC STRAWS AS AN ALTERNATIVE TO SINGLE-USE PLAS-
 TIC STRAWS, INCLUDING, BUT NOT LIMITED TO, THOSE MADE FROM PAPER,  SUGAR
 CANE, OR BAMBOO.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14988-03-8

 S. 8726--A                          2
 
   §  4. The general business law is amended by adding a new section 399-
 tt to read as follows:
   §  399-TT.  SINGLE-USE  PLASTIC STRAWS. RESTAURANTS SHALL ONLY PROVIDE
 SINGLE-USE PLASTIC STRAWS TO CUSTOMERS WHERE EXPLICITLY REQUESTED BY THE
 CUSTOMER PURSUANT TO TITLE TWENTY-SEVEN OF ARTICLE TWENTY-SEVEN  OF  THE
 ENVIRONMENTAL CONSERVATION LAW.
   § 5. Subdivision 2 of section 1352 of the public health law is amended
 to read as follows:
   2.  It  shall  be unlawful to furnish or serve in any public eating or
 drinking establishment, any straw, tube or similar device  for  drinking
 out  of  glasses, cups or containers of any type unless such straw, tube
 or similar device conforms to and is furnished or served  in  accordance
 with  TITLE  TWENTY-SEVEN  OF  ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL
 CONSERVATION LAW AND the following requirements:  When offered for  use,
 it shall be completely enclosed in an impervious or a bactericidal wrap-
 per 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 pack-
 age  without handling, which dispenses one such straw, tube or device at
 a time directly to the user and which is so constructed that the interi-
 or 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.
   § 6. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

2017-S8726B (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Title 27 Head, §27-2701, add §27-2706, En Con L; add §399-tt, Gen Bus L; amd §1352, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1477
2021-2022: S1505
2023-2024: S3186

2017-S8726B (ACTIVE) - Summary

Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer or when selected by the consumer from a self-service dispenser.

2017-S8726B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8726B

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the environmental conservation law and
the general business law, in relation to prohibitions on single-use
plastic straws in restaurants

 
PURPOSE:

This bill would reduce plastic pollution by prohibiting certain restau-
rants and food service establishments from providing a single-use plas-
tic straw with drinks unless requested by the customer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends article 27 of the environmental conservation law by
adding a new title 28.

Section two amends the general business law by adding a new section
399-tt.

Section three sets forth the effective date. JUSTIFICATION:  According
to the United States National Park Service, Americans use 500 million
plastic drinking straws each day. A majority of these straws come from
restaurants and other food service establishments where it is common for
a single-use plastic straw to be provided with each beverage served.
Plastic straws are quickly disposed of and end up in our landfills and
waterways, where they are often ingested by land and marine animals.

Plastic straws, typically made of a material called polypropylene, may
break down into smaller pieces over long periods of time, but never
completely biodegrade. It is said that nearly every plastic straw ever
used still exists in some form. While some plastics do end up being
incinerated, this process allows harmful, toxic chemicals to be released
into the air.

By prohibiting certain food service establishments from habitually hand-
ing out straws with every beverage served and switching over to a "upon
request only" system, these establishments will be able to markedly
reduce the number of straws that end up in landfills and waterways each
year, creating a cleaner and safer environment for humans and animals
alike.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect in 120 days.

2017-S8726B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8726--B
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the environmental conservation law and the general busi-
   ness  law, in relation to prohibitions on single-use plastic straws in
   restaurants
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 28 to read as follows:
 
                                 TITLE 28
                        PLASTIC STRAW RESTRICTIONS
 SECTION 27-2801. DEFINITIONS.
         27-2803. SINGLE-USE PLASTIC STRAWS.
         27-2805. ENFORCEMENT.
 § 27-2801. DEFINITIONS.
 FOR  THE  PURPOSES  OF THIS TITLE, "RESTAURANT" MEANS ANY DINER OR OTHER
 EATING OR BEVERAGE ESTABLISHMENT, WHICH OFFERS FOR SALE FOOD OR BEVERAG-
 ES TO THE PUBLIC, GUESTS, MEMBERS, OR PATRONS, WHERE THE FOOD OR  BEVER-
 AGES  ARE  CUSTOMARILY  CONSUMED  ON  THE PREMISES. FOR PURPOSES OF THIS
 TITLE, "RESTAURANT" SHALL INCLUDE A FAST FOOD ESTABLISHMENT, BAR, COFFEE
 SHOP, CAFETERIA, LUNCHEONETTE, OR SHORT ORDER  CAFE;  HOWEVER,  "RESTAU-
 RANT"  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.
 § 27-2803. SINGLE-USE PLASTIC STRAWS.
   1. RESTAURANTS SHALL ONLY PROVIDE SINGLE-USE PLASTIC STRAWS TO CUSTOM-
 ERS WHEN EXPLICITLY REQUESTED BY THE CUSTOMER OR SELECTED BY THE CONSUM-
 ER FROM A SELF-SERVICE DISPENSER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14988-05-8

 S. 8726--B                          2
 
   2.  NOTHING IN THIS SECTION SHALL PRECLUDE A RESTAURANT FROM PROVIDING
 CUSTOMERS WITH NON-PLASTIC STRAWS AS AN ALTERNATIVE TO SINGLE-USE  PLAS-
 TIC STRAWS, INCLUDING, BUT NOT LIMITED TO, STRAWS MADE FROM PAPER, SUGAR
 CANE, OR BAMBOO.
 § 27-2805. ENFORCEMENT.
   ANY PERSON WHO VIOLATES THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY
 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 THE THE THIRD
 AND EACH SUBSEQUENT VIOLATION COMMITTED ON DIFFERENT DAYS WITHIN A PERI-
 OD OF TWELVE MONTHS, EXCEPT THAT THE DEPARTMENT SHALL NOT ISSUE A NOTICE
 OF  VIOLATION,  BUT  SHALL  ISSUE  A  WARNING AND PROVIDE INFORMATION ON
 COMPLIANCE WITH SUCH SECTION, FOR ANY VIOLATION THAT OCCURS  WITHIN  ONE
 YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   §  2. The general business law is amended by adding a new section 399-
 tt to read as follows:
   § 399-TT. SINGLE-USE PLASTIC STRAWS. RESTAURANTS  SHALL  ONLY  PROVIDE
 SINGLE-USE PLASTIC STRAWS TO CUSTOMERS WHERE EXPLICITLY REQUESTED BY THE
 CUSTOMER  PURSUANT  TO TITLE TWENTY-EIGHT OF ARTICLE TWENTY-SEVEN OF THE
 ENVIRONMENTAL CONSERVATION LAW.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S8726

Sponsored By

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

Bill Amendments

2017-S8726 - Details

2017-S8726 - Summary

2017-S8726 - Sponsor Memo

2017-S8726 - Bill Text download pdf

2017-S8726A - Details

2017-S8726A - Summary

2017-S8726A - Sponsor Memo

2017-S8726A - Bill Text download pdf

2017-S8726B (ACTIVE) - Details

2017-S8726B (ACTIVE) - Summary

2017-S8726B (ACTIVE) - Sponsor Memo

2017-S8726B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8726

Share this bill

Sponsored By

Brad Hoylman-Sigal

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

Bill Amendments

2017-S8726 - Details

2017-S8726 - Summary

2017-S8726 - Sponsor Memo

2017-S8726 - Bill Text download pdf

2017-S8726A - Details

2017-S8726A - Summary

2017-S8726A - Sponsor Memo

2017-S8726A - Bill Text download pdf

2017-S8726B (ACTIVE) - Details

2017-S8726B (ACTIVE) - Summary

2017-S8726B (ACTIVE) - Sponsor Memo

2017-S8726B (ACTIVE) - Bill Text download pdf

Comments