S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9121
 
                           I N  A S S E M B L Y
 
                             January 21, 2020
                                ___________
 
 Introduced  by M. of A. FAHY, ENGLEBRIGHT, GLICK, MOSLEY, STECK, JAFFEE,
   BARRETT -- read once and referred to the  Committee  on  Environmental
   Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the  sale  or  manufacture  of  single-use  plastic  water
   bottles comprised of less than one hundred percent recycled materials;
   and  to  amend  the  public  health law, in relation to requiring food
   service establishments to provide tap water to customers  in  reusable
   beverage containers, upon request
 
   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 30 to read as follows:
                                 TITLE 30
                           PLASTIC WATER BOTTLES
 SECTION 27-3001. INFRASTRUCTURE ASSESSMENT.
         27-3003. STATE FUNDS FOR SINGLE-USE PLASTIC WATER BOTTLES.
         27-3005. SINGLE-USE  PLASTIC  WATER  BOTTLES  COMPRISED  OF  ONE
                    HUNDRED PERCENT RECYCLED MATERIAL.
         27-3007. ENFORCEMENT.
 § 27-3001. INFRASTRUCTURE ASSESSMENT.
   1.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 IS HEREBY AUTHORIZED  AND  DIRECTED  TO  CONDUCT  A  STUDY  RELATING  TO
 SINGLE-USE PLASTIC WATER BOTTLES, INCLUDING BUT NOT LIMITED TO:
   (A) THE AVAILABILITY AND DISTRIBUTION OF PUBLIC DRINKING WATER FILLING
 STATIONS AND WATER FOUNTAINS ACROSS THE STATE; AND
   (B)  THE ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS OF SINGLE-USE PLASTIC
 BOTTLED  WATER  IN  NEW  YORK  STATE,  INCLUDING  ENVIRONMENTAL  JUSTICE
 IMPACTS.
   2.  THE  COMMISSIONER  SHALL SUBMIT A REPORT INCLUDING RECOMMENDATIONS
 AND FINDINGS BASED ON THIS STUDY TO THE GOVERNOR, THE  TEMPORARY  PRESI-
 DENT  OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF THE
 SENATE AND ASSEMBLY STANDING COMMITTEES ON HEALTH AND THE CHAIRS OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13859-09-0

 A. 9121                             2
 
 SENATE AND ASSEMBLY STANDING COMMITTEES ON ENVIRONMENTAL CONSERVATION NO
 LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
 § 27-3003. STATE FUNDS FOR SINGLE-USE PLASTIC WATER BOTTLES.
   BEGINNING ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION, THE USE OF
 STATE  FUNDS  FOR THE PURCHASE OF SINGLE-USE PLASTIC WATER BOTTLES SHALL
 BE PROHIBITED.  WATER BOTTLES, INCLUDING THOSE COMPRISED  OF  LESS  THAN
 ONE HUNDRED PERCENT RECYCLED MATERIAL, MAY BE PURCHASED WHEN:
   1.  NECESSARY TO ADDRESS HEALTH REQUIREMENTS UNDER THE FOLLOWING EMER-
 GENCIES:
   (A) A STATE OF EMERGENCY HAS BEEN DECLARED;
   (B) A BOIL WATER ADVISORY HAS BEEN ISSUED;
   (C) ACCESS TO DRINKING WATER IS BEING IMPEDED  DUE  TO  A  FAILURE  OF
 RELATED  INFRASTRUCTURE  OR  AN ONGOING WATER INFRASTRUCTURE IMPROVEMENT
 PROJECT;
   (D) A WATER UTILITY HAS REPORTED EMERGENCY CONDITIONS OR OTHER  PUBLIC
 HEALTH HAZARDS; OR
   (E)  THERE  HAS  BEEN  AN EXCEEDANCE OF A MAXIMUM CONTAMINANT LEVEL OR
 ADVISORY LEVEL FOR A CONTAMINANT OR AN EMERGING CONTAMINANT; AND
   2. COMPLIANCE WITH THIS TITLE WOULD CONFLICT  WITH  CONTRACT  REQUIRE-
 MENTS IN EXISTENCE AS OF THE EFFECTIVE DATE OF THIS TITLE.
 § 27-3005. SINGLE-USE  PLASTIC  WATER  BOTTLES  COMPRISED OF ONE HUNDRED
              PERCENT RECYCLED MATERIAL.
   1. BEGINNING FOUR YEARS FROM THE EFFECTIVE DATE OF  THIS  SECTION,  NO
 PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY COMPANY OR
 CORPORATION SHALL MANUFACTURE, SELL, OR OFFER FOR  SALE  ANY  SINGLE-USE
 PLASTIC  WATER  BOTTLES  TO  ANY  PERSON  IN THE STATE UNLESS SUCH WATER
 BOTTLES ARE COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIALS.
   2. A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY
 OR CORPORATION WHICH MANUFACTURES  OR  SELLS  SINGLE-USE  PLASTIC  WATER
 BOTTLES  MAY  APPLY  TO  THE  DEPARTMENT  FOR A ONE-YEAR WAIVER FROM THE
 REQUIREMENTS OF THIS SECTION, UPON SUCH PROOF THAT SUCH PERSON OR ENTITY
 IS UNABLE TO COMPLY WITH THE REQUIREMENTS OF THIS  SECTION.  THEREAFTER,
 SUCH PERSON OR ENTITY MAY APPLY FOR ADDITIONAL ONE-YEAR WAIVERS UPON THE
 SATISFACTION OF SUCH SIMILAR PROOF.
   3.  THE REQUIREMENTS OF THIS SECTION SHALL BE SUSPENDED IN ANY COUNTY,
 CITY, TOWN OR VILLAGE WHERE:
   (A) A STATE OF EMERGENCY HAS BEEN DECLARED;
   (B) A BOIL WATER ADVISORY HAS BEEN ISSUED;
   (C) ACCESS TO DRINKING WATER IS BEING IMPEDED  DUE  TO  A  FAILURE  OF
 RELATED  INFRASTRUCTURE  OR  AN ONGOING WATER INFRASTRUCTURE IMPROVEMENT
 PROJECT;
   (D) A WATER UTILITY HAS REPORTED EMERGENCY CONDITIONS OR OTHER  PUBLIC
 HEALTH HAZARDS; OR
   (E)  THERE  HAS  BEEN  AN EXCEEDANCE OF A MAXIMUM CONTAMINANT LEVEL OR
 ADVISORY LEVEL FOR A CONTAMINANT OR AN EMERGING CONTAMINANT.
 § 27-3007. ENFORCEMENT.
   ANY PERSON OR ENTITY WHO VIOLATES SECTION 27-3005 OF 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 FOR THE THIRD AND EACH SUBSEQUENT VIOLATION COMMITTED ON
 DIFFERENT DAYS WITHIN A PERIOD OF TWELVE MONTHS, EXCEPT THAT THE DEPART-
 MENT SHALL NOT ISSUE A NOTICE OF VIOLATION, BUT SHALL  ISSUE  A  WARNING
 AND  PROVIDE  INFORMATION  ON  COMPLIANCE  WITH  THIS TITLE, FOR A FIRST
 VIOLATION THAT OCCURS PRIOR TO TEN YEARS FROM THE EFFECTIVE DATE OF THIS
 TITLE.

 A. 9121                             3
 
   § 2. The public health law is amended by adding a new  section  1352-f
 to read as follows:
   § 1352-F. PROVISION OF TAP WATER TO CUSTOMERS. 1. FOR PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "FOOD SERVICE ESTABLISHMENT" SHALL MEAN A PUBLIC PLACE ENGAGED IN
 THE PREPARATION AND SERVICE ON THE PREMISES OF FOOD AND TO  THE  GENERAL
 PUBLIC.
   (B)  "REUSABLE  BEVERAGE  CONTAINER"  SHALL MEAN A BOTTLE, MUG, CUP OR
 OTHER CONTAINER THAT IS DESIGNED AND MANUFACTURED TO HOLD BEVERAGES  AND
 IS CAPABLE OF MULTIPLE REUSE.
   2.  ALL FOOD SERVICE ESTABLISHMENTS IN THE STATE SHALL SERVE TAP WATER
 TO CUSTOMERS, UPON REQUEST, IN A REUSABLE BEVERAGE CONTAINER PROVIDED BY
 THE CUSTOMER; PROVIDED THAT:
   (A) SUCH REUSABLE BEVERAGE CONTAINER IS CAPABLE OF AND APPROPRIATE FOR
 SERVING SUCH TAP WATER, AS DETERMINED BASED ON  THE  SIZE,  CLEANLINESS,
 MATERIAL,  AND  ANY  OTHER  RELEVANT  FACTORS,  OF THE REUSABLE BEVERAGE
 CONTAINER; AND
   (B) SUCH TAP WATER SHALL  BE  DISPENSED  IN  A  MANNER  THAT  PREVENTS
 CONTACT  WITH,  OR  CONTAMINATION  OF,  THE FOOD-CONTACT SURFACES OF THE
 BEVERAGE DISPENSING EQUIPMENT.
   § 3. This act shall take effect one year after it shall have become  a
 law.