The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7662

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 14, 2019
                               ___________

Introduced by M. of A. ENGLEBRIGHT, SIMON, EPSTEIN, COOK, MOSLEY, STECK,
  D'URSO, AUBRY, JAFFEE -- Multi-Sponsored by -- M. of A. SAYEGH -- read
  once and referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the state finance
  law,  in relation to restricting hotels from making available to hotel
  guests small bottle personal care products

  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
             SMALL BOTTLE PERSONAL CARE PRODUCT RESTRICTIONS
SECTION 27-3001. DEFINITIONS.
        27-3003. SMALL BOTTLE PERSONAL CARE PRODUCTS.
        27-3005. VIOLATIONS.
        27-3007. PREEMPTION OF LOCAL LAW.
§ 27-3001. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "HOTEL" MEANS A BUILDING OR PORTION OF A BUILDING WHICH IS REGULAR-
LY  USED AND KEPT OPEN AS SUCH FOR THE LODGING OF GUESTS. HOTEL INCLUDES
AN APARTMENT HOTEL, A MOTEL OR A BOARDING HOUSE, WHETHER  OR  NOT  MEALS
ARE SERVED.
  2.  "PERSONAL  CARE PRODUCT" MEANS A PRODUCT INTENDED TO BE APPLIED TO
OR USED ON THE HUMAN BODY OR ANY PART THEREOF FOR CLEANSING,  CONDITION-
ING, OR MOISTURIZING. PERSONAL CARE PRODUCT INCLUDES, BUT IS NOT LIMITED
TO, SHAMPOO, CONDITIONER, LOTION, AND LIQUID SOAP.
  3. "PLASTIC" MEANS ANY VARIOUS ORGANIC COMPOUNDS PRODUCED BY POLYMERI-
ZATION,  CAPABLE OF BEING MOLDED, EXTRUDED, CAST INTO VARIOUS SHAPES AND
FILMS, OR DRAWN INTO FILAMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11287-02-9

A. 7662                             2

  4. "SMALL PLASTIC BOTTLE" MEANS A PLASTIC  BOTTLE  OR  CONTAINER  WITH
LESS  THAN A TWELVE OUNCE CAPACITY THAT IS INTENDED TO BE NONREUSABLE BY
THE END USER.
§ 27-3003. SMALL BOTTLE PERSONAL CARE PRODUCTS.
  1.  A  HOTEL  SHALL  NOT  PROVIDE  A SMALL PLASTIC BOTTLE CONTAINING A
PERSONAL CARE PRODUCT TO A PERSON STAYING IN A  SLEEPING  ROOM  ACCOMMO-
DATION,  IN  ANY  SPACE WITHIN THE SLEEPING ROOM ACCOMMODATION, OR IN AN
AREA IN THE HOTEL THAT IS SHARED BY THE PUBLIC OR GUESTS, INCLUDING  BUT
NOT LIMITED TO, THE PUBLIC LAVATORIES AND WASHROOMS OF SUCH HOTEL.
  2. A HOTEL MAY USE BULK DISPENSERS OF PERSONAL CARE PRODUCTS TO REDUCE
PLASTIC WASTE AND LOWER OPERATING COSTS.
  3.  NOTHING  IN  THIS  SECTION  SHALL  PRECLUDE A HOTEL FROM PROVIDING
CUSTOMERS WITH NON-PLASTIC SMALL BOTTLE ALTERNATIVES.
§ 27-3005. VIOLATIONS.
  1. A HOTEL THAT VIOLATES A PROVISION OF THIS  TITLE  SHALL  RECEIVE  A
WARNING  NOTICE FOR THE FIRST SUCH VIOLATION. A HOTEL SHALL BE LIABLE TO
THE STATE FOR A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR THE FIRST
VIOLATION AFTER RECEIVING A WARNING AND FIVE  HUNDRED  DOLLARS  FOR  ANY
SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR. A HEARING OR OPPORTUNITY
TO  BE  HEARD  SHALL  BE  PROVIDED  PRIOR TO THE ASSESSMENT OF ANY CIVIL
PENALTY.
  2. THE DEPARTMENT, THE DEPARTMENT OF HEALTH, AND THE ATTORNEY  GENERAL
ARE  HEREBY  AUTHORIZED  TO ENFORCE THE PROVISIONS OF THIS TITLE AND ALL
MONIES COLLECTED SHALL BE DEPOSITED TO THE CREDIT OF  THE  ENVIRONMENTAL
PROTECTION  FUND  ESTABLISHED  PURSUANT  TO  SECTION NINETY-TWO-S OF THE
STATE FINANCE LAW.
§ 27-3007. PREEMPTION OF LOCAL LAW.
  JURISDICTION IN ALL MATTERS PERTAINING TO SMALL BOTTLE  PERSONAL  CARE
PRODUCT RESTRICTIONS IS VESTED EXCLUSIVELY IN THE STATE.
  §  2.  Subdivision  3  of  section  92-s  of the state finance law, as
amended by section 1 of part AA of chapter 58 of the laws  of  2018,  is
amended to read as follows:
  3.  Such  fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and  penalties  deposited
pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
amount of fees and penalties received from easements or leases  pursuant
to  subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service  charges  pursuant  to  section
four  hundred four-n of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve  fund  pursuant  to
section  two  hundred  ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
pursuant  to  section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
section  54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
hundred  ninety-six,  provided  however,  that such moneys shall only be
used for the cost of the purchase of private lands in the core  area  of
the  central  Suffolk  pine barrens pursuant to a consent order with the
Northville industries signed on  October  thirteenth,  nineteen  hundred
ninety-four  and  the related resource restoration and replacement plan,
the amount of penalties required to  be  deposited  therein  by  section
71-2724 of the environmental conservation law, all moneys required to be
deposited  pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of  section

A. 7662                             3

70-0117  of  the  environmental  conservation  law, all moneys collected
pursuant to title thirty-three of article fifteen of  the  environmental
conservation  law,  beginning  with  the fiscal year commencing on April
first,  two  thousand thirteen, nineteen million dollars, and all fiscal
years thereafter, twenty-three million dollars plus all  funds  received
by  the  state  each  fiscal year in excess of the greater of the amount
received from April first, two thousand  twelve  through  March  thirty-
first,  two  thousand  thirteen  or  one  hundred twenty-two million two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision four of section 27-1012 of the environmental conservation law and
all funds collected pursuant to section  27-1015  of  the  environmental
conservation  law,  ALL  MONEYS  REQUIRED  TO  BE  DEPOSITED PURSUANT TO
SECTION 27-3005 OF THE ENVIRONMENTAL CONSERVATION  LAW,  and  all  other
moneys  credited  or  transferred  thereto from any other fund or source
pursuant to law. All such revenue shall be initially deposited into  the
environmental  protection  fund, for application as provided in subdivi-
sion five of this section.
  § 3. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
amended  by  section  4  of part H of chapter 58 of the laws of 2019, is
amended to read as follows:
  3. Such fund shall consist of the amount of revenue  collected  within
the  state  from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
amount  of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands  law
and  the  money  received  as annual service charges pursuant to section
four hundred four-n of the vehicle and traffic law, all moneys  required
to  be  deposited  therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of  the  laws  of
nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
pursuant to section thirteen of chapter six hundred ten of the  laws  of
nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to  be
deposited from the Northville settlement pursuant to section one hundred
twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
hundred ninety-six, provided however, that such  moneys  shall  only  be
used  for  the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent  order  with  the
Northville  industries  signed  on  October thirteenth, nineteen hundred
ninety-four and the related resource restoration and  replacement  plan,
the  amount  of  penalties  required  to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental  conser-
vation  law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental  conservation  law,  all  moneys  collected
pursuant  to  title thirty-three of article fifteen of the environmental
conservation law, beginning with the fiscal  year  commencing  on  April
first,  two  thousand thirteen, nineteen million dollars, and all fiscal
years thereafter, twenty-three million dollars plus all  funds  received
by  the  state  each  fiscal year in excess of the greater of the amount
received from April first, two thousand  twelve  through  March  thirty-
first,  two  thousand  thirteen  or  one  hundred twenty-two million two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision four of section 27-1012 of the environmental conservation law and
all funds collected pursuant to section  27-1015  of  the  environmental
conservation  law,  all  moneys  required  to  be  deposited pursuant to

A. 7662                             4

sections 27-2805 and 27-2807 of the environmental conservation law,  ALL
MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO SECTION 27-3005 OF THE ENVI-
RONMENTAL CONSERVATION LAW, and all other moneys credited or transferred
thereto  from any other fund or source pursuant to law. All such revenue
shall be initially deposited into the environmental protection fund, for
application as provided in subdivision five of this section.
  § 4. This act shall take effect January 1,  2022;  provided,  however,
that  the amendments to subdivision three of section ninety-two-s of the
state finance law made by section three of this act shall take effect on
the same date and in the same manner as section 4 of part H  of  chapter
58 of the laws of 2019, takes effect.

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7662--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 14, 2019
                               ___________

Introduced by M. of A. ENGLEBRIGHT, SIMON, EPSTEIN, COOK, MOSLEY, STECK,
  D'URSO,  AUBRY, JAFFEE, ORTIZ, LIFTON, NIOU, SEAWRIGHT, FAHY -- Multi-
  Sponsored by -- M. of A. SAYEGH --  read  once  and  referred  to  the
  Committee  on  Environmental  Conservation -- reported and referred to
  the Committee on Rules -- Rules Committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the environmental conservation law and the state finance
  law,  in relation to restricting hotels from making available to hotel
  guests small bottle personal care products

  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
             SMALL BOTTLE PERSONAL CARE PRODUCT RESTRICTIONS
SECTION 27-3001. DEFINITIONS.
        27-3003. SMALL BOTTLE PERSONAL CARE PRODUCTS.
        27-3005. VIOLATIONS.
        27-3007. PREEMPTION OF LOCAL LAW.
§ 27-3001. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "HOTEL" MEANS A BUILDING OR PORTION OF A BUILDING WHICH IS REGULAR-
LY  USED AND KEPT OPEN AS SUCH FOR THE LODGING OF GUESTS. HOTEL INCLUDES
AN APARTMENT HOTEL, A MOTEL OR A BOARDING HOUSE, WHETHER  OR  NOT  MEALS
ARE SERVED.
  2.  "PERSONAL  CARE PRODUCT" MEANS A PRODUCT INTENDED TO BE APPLIED TO
OR USED ON THE HUMAN BODY OR ANY PART THEREOF FOR CLEANSING,  CONDITION-
ING, OR MOISTURIZING. PERSONAL CARE PRODUCT INCLUDES, BUT IS NOT LIMITED
TO, SHAMPOO, CONDITIONER, LOTION, AND LIQUID SOAP.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11287-04-9

A. 7662--A                          2

  3. "PLASTIC" MEANS ANY VARIOUS ORGANIC COMPOUNDS PRODUCED BY POLYMERI-
ZATION,  CAPABLE OF BEING MOLDED, EXTRUDED, CAST INTO VARIOUS SHAPES AND
FILMS, OR DRAWN INTO FILAMENTS.
  4.  "SMALL  PLASTIC  BOTTLE"  MEANS A PLASTIC BOTTLE OR CONTAINER WITH
LESS THAN A TWELVE OUNCE CAPACITY THAT IS INTENDED TO BE NONREUSABLE  BY
THE END USER.
§ 27-3003. SMALL BOTTLE PERSONAL CARE PRODUCTS.
  1.  EFFECTIVE  JANUARY FIRST, TWO THOUSAND TWENTY-THREE FOR ALL HOTELS
WITH FIFTY ROOMS OR MORE AND JANUARY FIRST, TWO THOUSAND TWENTY-FOUR FOR
ALL HOTELS WITH LESS THAN FIFTY ROOMS, A HOTEL SHALL NOT PROVIDE A SMALL
PLASTIC BOTTLE CONTAINING A PERSONAL CARE PRODUCT TO A PERSON STAYING IN
A SLEEPING ROOM ACCOMMODATION, IN ANY SPACE  WITHIN  THE  SLEEPING  ROOM
ACCOMMODATION,  OR  IN AN AREA IN THE HOTEL THAT IS SHARED BY THE PUBLIC
OR GUESTS, INCLUDING BUT NOT LIMITED TO, THE PUBLIC LAVATORIES AND WASH-
ROOMS OF SUCH HOTEL.
  2. A HOTEL MAY USE BULK DISPENSERS OF PERSONAL CARE PRODUCTS TO REDUCE
PLASTIC WASTE AND LOWER OPERATING COSTS.
  3. NOTHING IN THIS SECTION  SHALL  PRECLUDE  A  HOTEL  FROM  PROVIDING
CUSTOMERS WITH NON-PLASTIC SMALL BOTTLE ALTERNATIVES.
§ 27-3005. VIOLATIONS.
  1.  A  HOTEL  THAT  VIOLATES A PROVISION OF THIS TITLE SHALL RECEIVE A
WARNING NOTICE FOR THE  FIRST  SUCH  VIOLATION,  DETAILING  THE  HOTEL'S
REQUIREMENT  TO  CORRECT  THE VIOLATION WITHIN THIRTY DAYS FROM THE DATE
THE NOTICE IS SENT. A HOTEL SHALL BE LIABLE TO THE  STATE  FOR  A  CIVIL
PENALTY  OF  TWO  HUNDRED  FIFTY  DOLLARS  FOR THE FIRST VIOLATION AFTER
RECEIVING A WARNING AND FAILING TO CORRECT THE VIOLATION  WITHIN  THIRTY
DAYS  AND  FIVE HUNDRED DOLLARS FOR ANY SUBSEQUENT VIOLATION IN THE SAME
CALENDAR YEAR. A HEARING OR OPPORTUNITY TO BE HEARD  SHALL  BE  PROVIDED
PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.
  2.  THE DEPARTMENT, THE DEPARTMENT OF HEALTH, AND THE ATTORNEY GENERAL
ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS  TITLE  AND  ALL
MONIES  COLLECTED  SHALL BE DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-S  OF  THE
STATE FINANCE LAW.
§ 27-3007. PREEMPTION OF LOCAL LAW.
  JURISDICTION  IN  ALL MATTERS PERTAINING TO SMALL BOTTLE PERSONAL CARE
PRODUCT RESTRICTIONS IS VESTED EXCLUSIVELY IN THE STATE.
  § 2. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
amended  by  section  1 of part AA of chapter 58 of the laws of 2018, is
amended to read as follows:
  3. Such fund shall consist of the amount of revenue  collected  within
the  state  from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
amount  of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands  law
and  the  money  received  as annual service charges pursuant to section
four hundred four-n of the vehicle and traffic law, all moneys  required
to  be  deposited  therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of  the  laws  of
nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
pursuant to section thirteen of chapter six hundred ten of the  laws  of
nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to  be
deposited from the Northville settlement pursuant to section one hundred
twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
hundred ninety-six, provided however, that such  moneys  shall  only  be

A. 7662--A                          3

used  for  the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent  order  with  the
Northville  industries  signed  on  October thirteenth, nineteen hundred
ninety-four  and  the related resource restoration and replacement plan,
the amount of penalties required to  be  deposited  therein  by  section
71-2724 of the environmental conservation law, all moneys required to be
deposited  pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of  section
70-0117  of  the  environmental  conservation  law, all moneys collected
pursuant to title thirty-three of article fifteen of  the  environmental
conservation  law,  beginning  with  the fiscal year commencing on April
first, two thousand thirteen, nineteen million dollars, and  all  fiscal
years  thereafter,  twenty-three million dollars plus all funds received
by the state each fiscal year in excess of the  greater  of  the  amount
received  from  April  first,  two thousand twelve through March thirty-
first, two thousand thirteen  or  one  hundred  twenty-two  million  two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision four of section 27-1012 of the environmental conservation law and
all  funds  collected  pursuant  to section 27-1015 of the environmental
conservation law, ALL  MONEYS  REQUIRED  TO  BE  DEPOSITED  PURSUANT  TO
SECTION  27-3005  OF  THE  ENVIRONMENTAL CONSERVATION LAW, and all other
moneys credited or transferred thereto from any  other  fund  or  source
pursuant  to law. All such revenue shall be initially deposited into the
environmental protection fund, for application as provided  in  subdivi-
sion five of this section.
  §  3.  Subdivision  3  of  section  92-s  of the state finance law, as
amended by section 4 of part H of chapter 58 of the  laws  of  2019,  is
amended to read as follows:
  3.  Such  fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and  penalties  deposited
pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
amount of fees and penalties received from easements or leases  pursuant
to  subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service  charges  pursuant  to  section
four  hundred four-n of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve  fund  pursuant  to
section  two  hundred  ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
pursuant  to  section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
section  54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
hundred  ninety-six,  provided  however,  that such moneys shall only be
used for the cost of the purchase of private lands in the core  area  of
the  central  Suffolk  pine barrens pursuant to a consent order with the
Northville industries signed on  October  thirteenth,  nineteen  hundred
ninety-four  and  the related resource restoration and replacement plan,
the amount of penalties required to  be  deposited  therein  by  section
71-2724 of the environmental conservation law, all moneys required to be
deposited  pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of  section
70-0117  of  the  environmental  conservation  law, all moneys collected
pursuant to title thirty-three of article fifteen of  the  environmental
conservation  law,  beginning  with  the fiscal year commencing on April
first, two thousand thirteen, nineteen million dollars, and  all  fiscal

A. 7662--A                          4

years  thereafter,  twenty-three million dollars plus all funds received
by the state each fiscal year in excess of the  greater  of  the  amount
received  from  April  first,  two thousand twelve through March thirty-
first,  two  thousand  thirteen  or  one  hundred twenty-two million two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision four of section 27-1012 of the environmental conservation law and
all funds collected pursuant to section  27-1015  of  the  environmental
conservation  law,  all  moneys  required  to  be  deposited pursuant to
sections 27-2805 and 27-2807 of the environmental conservation law,  ALL
MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO SECTION 27-3005 OF THE ENVI-
RONMENTAL CONSERVATION LAW, and all other moneys credited or transferred
thereto  from any other fund or source pursuant to law. All such revenue
shall be initially deposited into the environmental protection fund, for
application as provided in subdivision five of this section.
  § 4. This act shall take effect January 1,  2023;  provided,  however,
that  the amendments to subdivision three of section ninety-two-s of the
state finance law made by section three of this act shall take effect on
the same date and in the same manner as section 4 of part H  of  chapter
58 of the laws of 2019, takes effect.