NY State Senate Bill 2019-S1477A

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 14, 2020	print number 1477a
Jul 14, 2020	amend (t) and recommit to environmental conservation
Jan 08, 2020	referred to environmental conservation
Jan 15, 2019	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S1477 - Details

See Assembly Version of this Bill:: A90
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3005, En Con L; add §399-tt, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8726, A9994
2021-2022: S1505, A207
2023-2024: S3186, A112
2025-2026: A602

2019-S1477 - Summary

Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer; prohibits single-use plastic stirrers.

2019-S1477 - Sponsor Memo

                                
 
BILL NUMBER: S1477

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
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 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:

2018: S.8726-B (Hoylman) - Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2019-S1477 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1477
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 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 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.
                                                            LBD01864-01-9

 S. 1477                             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.

co-Sponsors

2019-S1477A (ACTIVE) - Details

See Assembly Version of this Bill:: A90
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3005, En Con L; add §399-tt, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8726, A9994
2021-2022: S1505, A207
2023-2024: S3186, A112
2025-2026: A602

2019-S1477A (ACTIVE) - Summary

Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer; prohibits single-use plastic stirrers.

2019-S1477A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1477A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law and the general busi-
ness law, in relation to prohibitions on single-use plastic straws and
stirrers in restaurants

 
PURPOSE:

This bill will reduce plastic pollution by prohibiting bars and restau-
rants from providing single-use plastic straws unless requested by the
customer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends article 27 of the environmental conservation law by
adding a new title 30.

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 and plastic beverage stirrers are quickly
disposed of and end up in our landfills and waterways, where they are
often ingested by land and marine animals.

Plastic straws and stirrers, typically made of a material called poly-
propylene, 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 are able
to be recycled, plastic straws and stirrers are too small to be proc-
essed by recycling equipment.

By prohibiting restaurants from habitually handing out straws with every
beverage served and switching over to a straws "upon request only"
system, these establishments will be able to markedly reduce the number
of straws and stirrers that end up in landfills and waterways each year,
creating a cleaner and safer environment for humans and animals alike.
Further, this legislation will also prohibit restaurants from providing
plastic stirrers, instead requiring that they use wood, paper or other
compostable materials.

 
LEGISLATIVE HISTORY:

2019: S.1477 (Hoylman) - Died in Environmental Conservation

2018: S.8726-B (Hoylman) - Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

None to the State.

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

2019-S1477A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1477--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, KRUEGER, METZGER, SALAZAR, SERRANO -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on Environmental Conservation -- recommitted to the Commit-
   tee on Environmental Conservation in accordance with  Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the environmental conservation law and the general busi-
   ness law, in relation to prohibitions on single-use plastic straws and
   stirrers 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 30 to read as follows:
 
                                 TITLE 30
                  PLASTIC STRAW AND STIRRER RESTRICTIONS
 SECTION 27-3001. DEFINITIONS.
         27-3003. SINGLE-USE PLASTIC STRAWS AND STIRRERS.
         27-3005. ENFORCEMENT.
 § 27-3001. 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,  WHETHER  CONSUMPTION
 OCCURS ON OR OFF THE PREMISES.
 § 27-3003. SINGLE-USE PLASTIC STRAWS AND STIRRERS.
   1.  (A)  RESTAURANTS  SHALL  ONLY PROVIDE SINGLE-USE PLASTIC STRAWS TO
 CUSTOMERS WHEN EXPLICITLY REQUESTED BY THE CUSTOMER.
   (B) NO INQUIRY INTO THE REASON FOR THE REQUEST SHALL BE MADE BY A FOOD
 SERVICE ESTABLISHMENT OR ANY  OF  ITS  EMPLOYEES  IN  CARRYING  OUT  THE
 REQUEST AUTHORIZED BY PARAGRAPH (A) OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01864-15-0

 S. 1477--A                          2
 
   2. RESTAURANTS ARE PROHIBITED FROM PROVIDING CUSTOMERS WITH SINGLE-USE
 PLASTIC STIRRERS.
   3.  (A)  NOTHING  IN  THIS  SECTION  SHALL  PRECLUDE A RESTAURANT FROM
 PROVIDING CUSTOMERS WITH NON-PLASTIC STRAWS OR STIRRERS AS  AN  ALTERNA-
 TIVE  TO  SINGLE-USE  PLASTIC  STRAWS  AND  STIRRERS, INCLUDING, BUT NOT
 LIMITED TO, STRAWS AND/OR STIRRERS MADE FROM PAPER, SUGAR  CANE,  BAMBOO
 OR COMPOSTABLE MATERIALS.
   (B) RESTAURANTS THAT PROVIDE COMPOSTABLE STRAWS OR STIRRERS TO CUSTOM-
 ERS ARE REQUIRED TO HAVE ACCESS TO CURBSIDE COLLECTION OF FOOD WASTE FOR
 COMPOSTING.
   4. SINGLE-USE PLASTIC STRAWS PROVIDED BY A FOOD SERVICE ESTABLISHMENT,
 PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION, SHALL NOT BE INDIVIDUALLY
 WRAPPED IN PLASTIC, EXCEPT FOR PREPACKAGED INDIVIDUAL SERVING  BEVERAGES
 WHERE A PLASTIC STRAW IS INCLUDED IN THE PACKAGING.
 § 27-3005. ENFORCEMENT.
   EVERY  LOCAL  DEPARTMENT  OF  HEALTH SHALL ENSURE COMPLIANCE WITH THIS
 TITLE AS PART OF AN INSPECTION OF A FOOD PLACE PURSUANT TO SECTION THIR-
 TEEN HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW, THE PROVISIONS  OF  THE
 SANITARY  CODE  AND  PROVISIONS OF LOCAL ORDINANCES OR REGULATIONS.  ANY
 ESTABLISHMENT THAT VIOLATES THIS TITLE  SHALL  BE  LIABLE  FOR  A  CIVIL
 PENALTY  IN  THE  AMOUNT OF TWO HUNDRED DOLLARS FOR THE FIRST VIOLATION,
 THREE HUNDRED DOLLARS FOR THE SECOND VIOLATION COMMITTED ON A  DIFFERENT
 DAY  WITHIN  A PERIOD OF TWELVE MONTHS, AND FIVE HUNDRED DOLLARS FOR THE
 THIRD AND EACH SUBSEQUENT VIOLATION COMMITTED ON DIFFERENT DAYS WITHIN A
 PERIOD OF TWELVE MONTHS, EXCEPT THAT  THE  LOCAL  DEPARTMENT  OF  HEALTH
 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 THIRTY OF ARTICLE TWENTY-SEVEN OF THE ENVI-
 RONMENTAL 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 S1477A

Sponsored By

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

Actions

Bill Amendments

co-Sponsors

2019-S1477 - Details

2019-S1477 - Summary

2019-S1477 - Sponsor Memo

2019-S1477 - Bill Text download pdf

co-Sponsors

2019-S1477A (ACTIVE) - Details

2019-S1477A (ACTIVE) - Summary

2019-S1477A (ACTIVE) - Sponsor Memo

2019-S1477A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

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

Actions

Bill Amendments

co-Sponsors

2019-S1477 - Details

2019-S1477 - Summary

2019-S1477 - Sponsor Memo

2019-S1477 - Bill Text download pdf

co-Sponsors

2019-S1477A (ACTIVE) - Details

2019-S1477A (ACTIVE) - Summary

2019-S1477A (ACTIVE) - Sponsor Memo

2019-S1477A (ACTIVE) - Bill Text download pdf

Comments