The New York State Senate

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

                                  8878

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            December 18, 2019
                               ___________

Introduced  by  M. of A. FAHY -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  sale of plastic trash bags

  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
                    REGULATION OF PLASTIC TRASH BAGS
SECTION 27-3001. DEFINITIONS.
        27-3003. REGULATION OF THE SALE OF PLASTIC TRASH BAGS.
        27-3005. LABELING REQUIREMENTS.
        27-3007. VIOLATIONS.
        27-3009. REGULATIONS.
§ 27-3001. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM,  ASSOCIATION,  PARTNER-
SHIP,  OR  CORPORATION, WHICH MAKES PLASTIC TRASH BAGS TO BE USED IN THE
DISPOSAL OF WASTE.
  2. "PLASTIC TRASH BAG" SHALL MEAN A BAG INTENDED TO  HOLD,  STORE,  OR
TRANSPORT  MATERIALS  MEANT  TO  BE  DISCARDED,  COMPOSTED, OR RECYCLED,
INCLUDING BUT NOT LIMITED TO GARBAGE BAGS, COMPOSTING BAGS,  YARD  BAGS,
CAN-LINERS, AND RECYCLING BAGS.
  3.  "POST-CONSUMER  MATERIAL"  SHALL  MEAN THOSE PRODUCTS OR MATERIALS
GENERATED BY A BUSINESS OR CONSUMER WHICH HAVE SERVED THEIR INTENDED END
USE AS CONSUMER ITEMS AND WHICH HAVE BEEN SEPARATED OR DIVERTED FROM THE
WASTE STREAM FOR THE PURPOSES OF COLLECTION AND RECYCLING AS A SECONDARY
MATERIAL FEEDSTOCK.
  4. "RETAILER" SHALL MEAN ANY PERSON, FIRM OR CORPORATION THAT  ENGAGES
IN THE SALE OF PLASTIC TRASH BAGS.

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

                                                           LBD14033-01-9

A. 8878                             2

§ 27-3003. REGULATION OF THE SALE OF PLASTIC TRASH BAGS.
  EVERY PLASTIC TRASH BAG OFFERED FOR SALE OR SOLD BY A RETAILER IN THIS
STATE  SHALL  CONTAIN, BY WEIGHT, AT LEAST THIRTY PERCENT RECYCLED POST-
CONSUMER MATERIAL. THE DEPARTMENT MAY PROMULGATE RULES  AND  REGULATIONS
REQUIRING  A  HIGHER  PERCENTAGE  OF  POST-CONSUMER MATERIAL CONTENT FOR
PLASTIC TRASH BAGS.
§ 27-3005. LABELING REQUIREMENTS.
  EVERY PACKAGE OF PLASTIC TRASH  BAGS  SOLD  IN  THIS  STATE  SHALL  BE
LABELED  BY  THE  MANUFACTURER  INDICATING  THE  POST-CONSUMER  MATERIAL
CONTENT OF THE PLASTIC TRASH BAGS BY WEIGHT.
§ 27-3007. VIOLATIONS.
  1. ANY RETAILER FOUND TO BE IN VIOLATION OF THIS TITLE SHALL RECEIVE A
WARNING NOTICE FOR THE FIRST VIOLATION. ANY  RETAILER  FOUND  TO  SUBSE-
QUENTLY  BE  IN VIOLATION OF THIS TITLE SHALL BE SUBJECT TO A PENALTY OF
FIVE HUNDRED DOLLARS PER VIOLATION.
  2. ANY MANUFACTURER FOUND IN VIOLATION OF THIS TITLE SHALL BE  SUBJECT
TO A PENALTY OF FIVE HUNDRED DOLLARS PER VIOLATION.
  3.  NO  RETAILER  SHALL  BE  FOUND  IN VIOLATION OF THIS TITLE IF SUCH
RETAILER IN GOOD FAITH RELIES  ON  THE  LABEL  AS  REQUIRED  BY  SECTION
27-3005 OF THIS TITLE.
§ 27-3009. REGULATIONS.
  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  § 2. This act shall take effect January 1, 2022.