senate Bill S8726

2017-2018 Legislative Session

Relates to prohibitions on single-use plastic straws in restaurants

download bill text pdf

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Current Bill Status - In Senate Committee Environmental Conservation Committee


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

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Actions

view actions (5)
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

S8726 (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

S8726 (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.

S8726 (ACTIVE) - Sponsor Memo

S8726 (ACTIVE) - 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.

S8726A (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

S8726A (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.

S8726A (ACTIVE) - Sponsor Memo

S8726A (ACTIVE) - 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

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

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.

S8726B (ACTIVE) - Sponsor Memo

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

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