NY State Senate Bill 2019-S3068B

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Oct 04, 2019	print number 3068b
Oct 04, 2019	amend and recommit to environmental conservation
May 10, 2019	print number 3068a
May 10, 2019	amend (t) and recommit to environmental conservation
Feb 01, 2019	referred to environmental conservation

co-Sponsors

View additional co-sponsors

2019-S3068 - Details

See Assembly Version of this Bill:: A5398
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 20 §§27-2001 - 27-2007, §71-2730, En Con L

2019-S3068 - Summary

Prohibits polystyrene waste.

2019-S3068 - Sponsor Memo

                                
 
BILL NUMBER: S3068

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting food service waste

 
PURPOSE:

To prohibit the use of food service ware that contains polystyrene foam
by food service providers, including state agencies and municipalities,
and their contractors and lessees, as well as restaurants and retail
food vendors. Polystyrene, is used as a means to package prepared food
that can be "taken out" of food establishments by consumers. This bill
would require food service providers to use alternate products that are
compostable or recyclable.

 
SUMMARY OF PROVISIONS:

Article 27 is amended to add a new Title 22 Food Service Waste

Reduction.

27-2201 - Definitions.

27-2203 - Prohibited disposable food service ware. Retail food venders,
agencies and municipalities, agency and municipal facility food provid-
ers, agency and municipal contractors and lessees shall not sell
prepared food in disposable food service ware that contains polystyrene
foam.

27-2205 - Required compostable or recyclable disposable food service
ware. All entities covered under section 27-2203 using any disposable
food service ware shall use a suitable, affordable compostable, home
compostable or recyclable product unless there is no such product avail-
able.

27-2207 - Unique packaging or financial hardship waiver. Any not-for-
profit corporation regardless of income, and any retail food vendor with
a gross income under $500,000 per location that is not part of a chain
may request a unique packaging or financial hardship waiver from the
Department of Environmental Conservation.

71-2730 - Anyone in violation shall receive a warning notice for the
first violation. A person shall be liable for a civil penalty of $250
for the first violation after a warning, $500 for the second violation,
and $1,000 for each subsequent violation in the same calendar year.
Enforcement of provisions will be the responsibility of the Departments
of Environmental Conservation, Agriculture and Markets, and Health, and
the Attorney General. Provisions may also be enforced by a village,
town, city, or county, which are empowered to create local laws, ordi-
nances, or regulations consistent with this title.

 
JUSTIFICATION:

Polystyrene foam is a liquid hydrocarbon that is commercially manufac-
tured from petroleum. Each year Americans throw away 25,000,000,000
polystyrene foam cups, which equates to 1,369 tons of polystyrene foam
products every day. A single polystyrene foam cup can take up to 500
years to fully disintegrate. Polystyrene foam, or 'styrofoam' is an
unsustainable product made from petroleum, a fossil fuel and a non-re-
newable resource. Fossil fuels increase carbon dioxide emissions and
other potent greenhouse gases that exacerbate global warming and cause
climate change.

Polystyrene foam is also very difficult to recycle due to its light
weight and low scrap value. It is generally not accepted in curbside
programs, is seldom able to be reused, and takes up a considerable
amount of space in landfills. Research suggests that landfills are
rapidly filling up and contain as much as 30% of the toxin-leaching,
non-biodegradable polystyrene products. Due to the physical properties
of polystyrene foam, the United States Environmental Protection Agency
states "that such materials can have serious impacts on human health,
wildlife, and the aquatic environment," because the product breaks down,
can clog waterways, and is mistaken for food by wildlife.

Polystyrene foam manufacturers are the fifth largest producers of toxic
waste in the United States (U.S.). One of the components of polystyrene
foam, styrene, is a known hazardous substance which was added to the
U.S. Health Department's list of carcinogens in June of 2011. Styrene
exposure increases the risk of leukemia and lymphoma and is a neurotox-
in. Many people do not realize that when they reheat food in a polystyr-
ene foam product using a microwave, toxins are released into their food.

Polystyrene foam bans can be found in California, Florida, Maine, Mary-
land, Massachusetts, Minnesota, New Jersey, Oregon, Texas, Washington
and Washington D.C. San Francisco, CA realized a 36% decrease in polys-
tyrene food service ware after a one year ban. Food establishments that
have participated in programs to reduce the use of single-use food
service ware have also saved thousands of dollars per year.

Albany County's Chief Executive Dan McCoy expanded a ban on polystyrene
foam service ware in Albany County in September of 2018.  The ban,
initially enacted in 2014 only for chain food establishments, now
requires county government, agencies and those who do business with
Albany County to do the same. A ban on the use of polystyrene single-use
food and beverage containers in New York City, required under Local Law
142, became effective on January 1, 2019.

This bill would address the environmental impacts of polystyrene foam
service ware across New York State, while allowing for exceptions in
cases of financial hardship or where there is no viable alternative
product.

 
FISCAL IMPACT ON THE STATE:

Undetermined.

 
LEGISLATIVE HISTORY:

2017-18 S.5837/A.10578 Ortiz - died in Environmental Conservation
2015-16 S.2782/A.5762 Kavanagh - died in Environmental Conservation
2013-14 S.3444-A/A.119-A Kavanagh - died in Environmental Conservation
2011-12 S.426/A.6231 Kavanagh - notice of committee consideration;
discharged to Rules
2009-10 S.747-A/A.706-A Kavanagh - died in Environmental Conservation
2007-08 S.6402/A.9420 - notice of motion to petition - lost
 
EFFECTIVE DATE:
This act shall take effect one year from the date after it shall have
become law.

2019-S3068 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3068
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sens.  KRUEGER, BAILEY, HOYLMAN, KAVANAGH, LIU, SERRANO,
   STEWART-COUSINS -- 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,  in  relation  to
   prohibiting food service waste

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "food service waste reduction act".
   §  2.  Article  27 of the environmental conservation law is amended by
 adding a new title 22 to read as follows:
                                 TITLE 22
                       FOOD SERVICE WASTE REDUCTION
 SECTION 27-2201. DEFINITIONS.
         27-2203. PROHIBITED DISPOSABLE FOOD SERVICE WARE.
         27-2205. REQUIRED  COMPOSTABLE  OR  RECYCLABLE  DISPOSABLE  FOOD
                    SERVICE WARE.
         27-2207. UNIQUE PACKAGING OR FINANCIAL HARDSHIP WAIVER.
 § 27-2201. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "AFFORDABLE"  MEANS  PURCHASABLE FOR NOT MORE THAN FIFTEEN PERCENT
 MORE THAN THE PURCHASE COST OF  THE  NON-COMPOSTABLE  OR  NON-RECYCLABLE
 ALTERNATIVE.
   2.  "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT
 CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
   3. "AGENCY OR MUNICIPAL FACILITY" MEANS  ANY  BUILDING,  STRUCTURE  OR
 VEHICLE OWNED OR OPERATED BY THE AGENCY OR MUNICIPALITY.
   4.  "AGENCY  OR MUNICIPAL CONTRACTORS AND LESSEES" MEANS ANY PERSON OR
 ENTITY THAT HAS A CONTRACT WITH AN AGENCY OR A MUNICIPALITY  FOR  PUBLIC
 WORKS  OR  IMPROVEMENTS  TO BE PERFORMED, FOR A FRANCHISE, CONCESSION OR
 LEASE OF PROPERTY, FOR GRANT MONIES OR GOODS AND SERVICES OR SUPPLIES TO

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

                                                            LBD00006-01-9

 S. 3068                             2
 
 BE PURCHASED AT THE EXPENSE OF THE AGENCY OR MUNICIPALITY OR TO BE  PAID
 OUT OF MONIES DEPOSITED IN THE TREASURY OR OUT OF TRUST MONIES UNDER THE
 CONTROL OR COLLECTED BY THE AGENCY OR MUNICIPALITY.
   5.  "AGENCY  OR MUNICIPAL FACILITY FOOD PROVIDER" MEANS AN ENTITY THAT
 PROVIDES, BUT DOES NOT SELL, PREPARED FOOD IN AGENCY OR MUNICIPAL FACIL-
 ITIES.
   6. "CHAIN RETAIL FOOD VENDOR" MEANS A RETAIL FOOD VENDOR WITH FIVE  OR
 MORE  LOCATIONS  THAT  CONDUCT  BUSINESS UNDER THE SAME BUSINESS NAME OR
 OPERATE UNDER COMMON OWNERSHIP OR MANAGEMENT OR PURSUANT TO A  FRANCHISE
 AGREEMENT WITH THE SAME FRANCHISOR.
   7.  "COMPOSTABLE"  MEANS  ALL  THE MATERIALS IN THE PRODUCT OR PACKAGE
 MEET THE AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) INTERNATIONAL
 STANDARD SPECIFICATION FOR COMPOSTABLE PLASTICS D6400, AND WILL:
   (A) UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES DURING  COMPOSTING  IN
 AN  APPROPRIATE  MUNICIPAL  OR  INDUSTRIAL  COMPOSTING FACILITY TO YIELD
 CARBON DIOXIDE, WATER,  INORGANIC  COMPOUNDS,  AND  BIOMASS  AT  A  RATE
 CONSISTENT WITH OTHER KNOWN COMPOSTABLE MATERIALS IN SIMILAR FACILITIES;
 AND
   (B)  LEAVE  NO VISIBLE, DISTINGUISHABLE OR TOXIC RESIDUE, INCLUDING NO
 ADVERSE IMPACT ON THE ABILITY OF COMPOSTS TO SUPPORT PLANT  GROWTH  ONCE
 THE FINISHED COMPOST IS PLACED IN SOIL.
   8.  "HOME COMPOSTABLE" MEANS ALL THE MATERIALS IN THE PRODUCT OR PACK-
 AGE CONFORM WITH THE VINCOTTE OK COMPOST HOME  CERTIFICATION  USING  THE
 EUROPEAN  NORM 13432 STANDARD, OR A COMPARABLE STANDARD AS DETERMINED BY
 THE DEPARTMENT, AND WILL:
   (A) UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES DURING COMPOSTING IN A
 HOME COMPOST PILE OR DEVICE TO YIELD CARBON  DIOXIDE,  WATER,  INORGANIC
 COMPOUNDS, AND BIOMASS AT A RATE CONSISTENT WITH OTHER KNOWN COMPOSTABLE
 MATERIALS IN SIMILAR FACILITIES; AND
   (B)  LEAVE  NO VISIBLE, DISTINGUISHABLE OR TOXIC RESIDUE, INCLUDING NO
 ADVERSE IMPACT ON THE ABILITY OF COMPOSTS TO SUPPORT PLANT  GROWTH  ONCE
 THE FINISHED COMPOST IS PLACED IN SOIL.
   9. "DISPOSABLE FOOD SERVICE WARE" MEANS ALL CONTAINERS, BOWLS, PLATES,
 TRAYS,  CARTONS,  CUPS, LIDS, STRAWS, FORKS, SPOONS, KNIVES, NAPKINS AND
 OTHER ITEMS THAT ARE DESIGNED OR GENERALLY RECOGNIZED BY THE  PUBLIC  AS
 BEING  DESIGNED  FOR  ONE-TIME USE FOR PREPARED FOODS, INCLUDING WITHOUT
 LIMITATION,  SERVICE  WARE  FOR  TAKEOUT  FOODS  AND/OR  LEFTOVERS  FROM
 PARTIALLY  CONSUMED  MEALS  PREPARED  BY  RETAIL  FOOD VENDORS. THE TERM
 "DISPOSABLE FOOD SERVICE WARE" DOES NOT INCLUDE ITEMS COMPOSED  ENTIRELY
 OF ALUMINUM OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE INTENDED
 FOR REUSE.
   10.  "MUNICIPALITY"  MEANS  A  VILLAGE,  TOWN, CITY, OR COUNTY, OR ANY
 DESIGNATED AGENCY THEREOF.
   11. "POLYSTYRENE  FOAM"  MEANS  BLOWN  POLYSTYRENE  AND  EXPANDED  AND
 EXTRUDED  FOAMS THAT ARE THERMOPLASTIC PETROCHEMICAL MATERIALS UTILIZING
 A STYRENE MONOMER AND PROCESSED BY ANY NUMBER OF  TECHNIQUES  INCLUDING,
 BUT  NOT  LIMITED TO, FUSION OF POLYMER SPHERES, INJECTION MOLDING, FOAM
 MOLDING, AND EXTRUSION-BLOWN MOLDING.   POLYSTYRENE  FOAM  IS  GENERALLY
 USED  TO  MAKE  CUPS,  BOWLS,  PLATES, TRAYS, CLAMSHELL CONTAINERS, MEAT
 TRAYS AND EGG CARTONS. SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.
   12. "PREPARED FOOD" MEANS FOOD OR BEVERAGES, WHICH ARE SERVICED, PACK-
 AGED, COOKED, CHOPPED, SLICED, MIXED, BREWED, FROZEN, SQUEEZED OR OTHER-
 WISE PREPARED (COLLECTIVELY  "PREPARED")  FOR  INDIVIDUAL  CUSTOMERS  OR
 CONSUMERS. FOR THE PURPOSE OF THIS TITLE, PREPARED FOOD INCLUDES TAKEOUT
 FOOD,  BUT  DOES  NOT  INCLUDE RAW, BUTCHERED MEATS, PORK, FISH, SEAFOOD
 AND/OR POULTRY SOLD FROM A BUTCHER CASE OR SIMILAR RETAIL APPLIANCE.

 S. 3068                             3
 
   13. "RECYCLABLE" MEANS MATERIAL  THAT  CAN  BE  SORTED,  CLEANSED  AND
 RECONSTITUTED  USING  AVAILABLE  RECYCLING  COLLECTION  PROGRAMS FOR THE
 PURPOSE OF USING THE ALTERED FORM IN THE MANUFACTURE OF A  NEW  PRODUCT.
 RECYCLING  DOES NOT INCLUDE BURNING, INCINERATING, CONVERTING, OR OTHER-
 WISE THERMALLY DESTROYING SOLID WASTE.
   14.  "RESTAURANT" MEANS ANY ESTABLISHMENT THAT SELLS PREPARED FOOD FOR
 CONSUMPTION ON, NEAR, OR OFF ITS PREMISES. FOR PURPOSES OF  THIS  TITLE,
 THE  TERM  INCLUDES  A  RESTAURANT  OPERATING FROM A TEMPORARY FACILITY,
 CART, VEHICLE OR MOBILE UNIT.
   15. "RETAIL FOOD VENDOR" MEANS ANY STORE, SHOP, SALES OUTLET, OR OTHER
 ESTABLISHMENT, INCLUDING A GROCERY  STORE,  DELICATESSEN  OR  RESTAURANT
 THAT SELLS PREPARED FOOD.
 § 27-2203. PROHIBITED DISPOSABLE FOOD SERVICE WARE.
   1.  RETAIL  FOOD  VENDORS  SHALL  NOT  POSSESS, SELL, OR OFFER FOR USE
 DISPOSABLE FOOD SERVICE WARE  THAT  CONTAINS  POLYSTYRENE  FOAM.    THIS
 SUBDIVISION  SHALL  NOT  APPLY  TO  POLYSTYRENE FOAM CONTAINERS USED FOR
 PREPACKAGED FOOD THAT HAVE BEEN FILLED AND SEALED PRIOR  TO  RECEIPT  BY
 THE RETAIL FOOD VENDORS.
   2.  AGENCY  OR  MUNICIPAL  FACILITY  FOOD PROVIDERS SHALL NOT POSSESS,
 SELL, OR OFFER FOR USE DISPOSABLE FOOD SERVICE WARE THAT CONTAINS POLYS-
 TYRENE FOAM.
   3. AGENCIES AND MUNICIPALITIES SHALL  NOT  PURCHASE,  ACQUIRE  OR  USE
 DISPOSABLE FOOD SERVICE WARE THAT CONTAINS POLYSTYRENE FOAM.
   4.  AGENCY  OR  MUNICIPAL  CONTRACTORS  AND LESSEES SHALL NOT POSSESS,
 SELL, OR OFFER FOR USE DISPOSABLE FOOD SERVICE WARE THAT CONTAINS POLYS-
 TYRENE FOAM IN AGENCY OR MUNICIPAL FACILITIES OR WHILE PERFORMING  UNDER
 AN AGENCY OR MUNICIPAL CONTRACT OR LEASE.
   5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES
 OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES
 OF  CONTRACTORS AND LESSEES THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES
 OR MUNICIPALITIES.
 § 27-2205. REQUIRED COMPOSTABLE OR RECYCLABLE  DISPOSABLE  FOOD  SERVICE
              WARE.
   1.  ALL  RETAIL  FOOD  VENDORS,  AGENCIES,  MUNICIPALITIES, AGENCY AND
 MUNICIPAL FACILITY FOOD PROVIDERS, AND MUNICIPAL CONTRACTORS AND LESSEES
 OPERATING IN  MUNICIPAL  FACILITIES  OR  PERFORMING  UNDER  A  MUNICIPAL
 CONTRACT  OR  LEASE  USING  ANY DISPOSABLE FOOD SERVICE WARE SHALL USE A
 SUITABLE AFFORDABLE COMPOSTABLE, HOME COMPOSTABLE, OR  RECYCLABLE  PROD-
 UCT,  UNLESS THERE IS NO SUITABLE AFFORDABLE COMPOSTABLE, HOME COMPOSTA-
 BLE, OR RECYCLABLE PRODUCT AVAILABLE AS  DETERMINED  BY  THE  DEPARTMENT
 PURSUANT TO A WAIVER IN ACCORDANCE WITH SECTION 27-2207 OF THIS TITLE.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES
 OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES
 OF  CONTRACTORS AND LESSEES THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES
 OR MUNICIPALITIES.
 § 27-2207. UNIQUE PACKAGING OR FINANCIAL HARDSHIP WAIVER.
   1. ANY NOT-FOR-PROFIT CORPORATION, REGARDLESS OF ITS INCOME,  AND  ANY
 RETAIL  FOOD  VENDOR THAT HAD A GROSS INCOME UNDER FIVE HUNDRED THOUSAND
 DOLLARS PER LOCATION ON THEIR ANNUAL INCOME  TAX  FILING  FOR  THE  MOST
 RECENT  TAX  YEAR  AND  IS  NOT  PART  OF A CHAIN RETAIL FOOD VENDOR MAY
 REQUEST FROM THE DEPARTMENT, IN A MANNER AND  FORM  ESTABLISHED  BY  THE
 DEPARTMENT,  A  UNIQUE  PACKAGING  OR  FINANCIAL  HARDSHIP WAIVER OF THE
 REQUIREMENTS OF THIS TITLE. SUCH WAIVER REQUEST MAY APPLY TO ONE OR MORE
 DISPOSABLE FOOD SERVICE WARE ARTICLES POSSESSED, SOLD,  OR  OFFERED  FOR
 USE BY ANY SUCH NOT-FOR-PROFIT CORPORATION OR RETAIL FOOD VENDOR.

 S. 3068                             4
 
   2.  THE  DEPARTMENT  SHALL  GRANT  SUCH  WAIVER IF SUCH NOT-FOR-PROFIT
 CORPORATION OR RETAIL FOOD VENDOR PROVES:
   (A)  THAT  NO REASONABLY FEASIBLE ALTERNATIVE EXISTS TO A SPECIFIC AND
 NECESSARY ARTICLE OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE; OR
   (B) THAT THERE IS NO COMPARABLE ALTERNATIVE PRODUCT  NOT  COMPOSED  OF
 POLYSTYRENE FOAM THAT WOULD COST THE SAME AS OR LESS THAN THE DISPOSABLE
 FOOD  SERVICE  WARE  ARTICLE  COMPOSED  OF POLYSTYRENE FOAM AND THAT THE
 PURCHASE OR USE OF AN ALTERNATIVE PRODUCT NOT  COMPOSED  OF  POLYSTYRENE
 FOAM WOULD CREATE AN UNDUE FINANCIAL HARDSHIP; OR
   (C)  THAT  THERE IS NO SUITABLE AFFORDABLE COMPOSTABLE, HOME COMPOSTA-
 BLE, OR RECYCLABLE PRODUCT AVAILABLE AS AN ALTERNATIVE TO ANY DISPOSABLE
 FOOD SERVICE WARE.
   3. SUCH UNIQUE PACKAGING OR FINANCIAL HARDSHIP WAIVER SHALL  BE  VALID
 FOR TWELVE MONTHS AND SHALL BE RENEWABLE UPON APPLICATION TO THE DEPART-
 MENT.  A  PENDING  APPLICATION FOR SUCH WAIVER SHALL BE A DEFENSE TO ANY
 NOTICE OF VIOLATION ISSUED PURSUANT TO THIS TITLE TO WHICH SUCH  PENDING
 APPLICATION RELATES AND SUCH NOTICE OF VIOLATION SHALL BE DISMISSED.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 71-2730 to read as follows:
 § 71-2730. ENFORCEMENT OF SECTIONS 27-2203 AND 27-2205 OF THIS CHAPTER.
   1. ANY PERSON WHO SHALL VIOLATE SECTION 27-2203  OR  27-2205  OF  THIS
 CHAPTER  SHALL  RECEIVE A WARNING NOTICE FOR THE FIRST SUCH VIOLATION. A
 PERSON SHALL BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL  PENALTY  OF
 NOT  MORE  THAN  TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION AFTER
 RECEIVING A WARNING, NOT MORE THAN FIVE HUNDRED DOLLARS FOR  THE  SECOND
 VIOLATION  IN  THE  SAME  CALENDAR  YEAR, AND NOT MORE THAN ONE THOUSAND
 DOLLARS FOR EACH SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR. FOR THE
 PURPOSES OF THIS SECTION, EACH COMMERCIAL TRANSACTION  SHALL  CONSTITUTE
 NO  MORE  THAN ONE VIOLATION. A HEARING OR OPPORTUNITY TO BE HEARD SHALL
 BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.
   2. (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS,  THE
 DEPARTMENT  OF HEALTH, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
 ENFORCE THE PROVISIONS OF SECTIONS 27-2203 AND 27-2205 OF THIS CHAPTER.
   (B) THE PROVISIONS OF SECTION 27-2203 OR 27-2205 OF THIS  CHAPTER  MAY
 ALSO  BE  ENFORCED  BY  A  VILLAGE,  TOWN, CITY, OR COUNTY AND THE LOCAL
 LEGISLATIVE BODY THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGULATIONS
 CONSISTENT WITH  THIS  TITLE  PROVIDING  FOR  THE  ENFORCEMENT  OF  SUCH
 PROVISIONS.
   3. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
 STATE  TO  ENFORCE  THE PROVISIONS OF SECTION 27-2203 OR 27-2205 OF THIS
 CHAPTER SHALL BE RETAINED BY THE STATE.  ANY FINES THAT ARE COLLECTED BY
 A MUNICIPALITY DURING PROCEEDINGS BY THE MUNICIPALITY  TO  ENFORCE  SUCH
 PROVISIONS  WITHIN  THE  MUNICIPALITY  SHALL  BE RETAINED BY THE MUNICI-
 PALITY.
   § 4. This act shall take effect on the three hundred  sixty-fifth  day
 after  it  shall  have become a law. Effective immediately the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made on or before such date.

co-Sponsors

View additional co-sponsors

2019-S3068A - Details

See Assembly Version of this Bill:: A5398
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 20 §§27-2001 - 27-2007, §71-2730, En Con L

2019-S3068A - Summary

Prohibits polystyrene waste.

2019-S3068A - Sponsor Memo

                                
 
BILL NUMBER: S3068A

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting polystyrene waste

 
PURPOSE:

To prohibit the use of food service containers that contain polystyrene
foam by food service providers, including state agencies and munici-
palities, and their contractors and lessees, as well as restaurants and
retail food vendors. Polystyrene is used as a means to package prepared
food that can be "taken out" of food establishments by consumers. This
bill would require food service providers to use alternate products that
are compostable or recyclable.

 
SUMMARY OF PROVISIONS:

Article 27 is amended to add a new Title 22 Polystyrene Waste Reduction.

27-2201 - Definitions.

27-2203 - Prohibited disposable food service containers. Retail food
venders, agencies and municipalities, agency and municipal facility food
providers, agency and municipal contractors and lessees shall not sell
prepared food in disposable food service containers that contain polys-
tyrene foam.

27-2205 - Required compostable or recyclable disposable food service
containers. All entities covered under section 27-2203 using any dispos-
able food service container shall use a suitable, affordable composta-
ble, home compostable or recyclable product unless there is no such
product available.

27-2207 - Unique packaging or financial hardship waiver. Any not-for-
profit corporation regardless of income, and any retail food vendor with
a gross income under $500,000 per location that is not part of a chain
may request a unique packaging or financial hardship waiver from the
Department of Environmental Conservation.

71-2730 - Anyone in violation shall receive a warning notice for the
first violation. A person shall be liable for a civil penalty of $250
for the first violation after a warning, $500 for the second violation,
and $1,000 for each subsequent violation in the same calendar year.
Enforcement of provisions will be the responsibility of the Departments
of Environmental Conservation,

Agriculture and Markets, and Health, and the Attorney General.
Provisions may also be enforced by a village, town, city, or county,
which are empowered to create local laws, ordinances, or regulations
consistent with this title.

 
JUSTIFICATION:

Polystyrene foam is a liquid hydrocarbon that is commercially manufac-
tured from petroleum. Each year Americans throw away 25,000,000,000
polystyrene foam cups, which equates to 1,369 tons of polystyrene foam
products every day. A single polystyrene foam cup can take up to 500
years to fully disintegrate. Polystyrene foam, or 'styrofoam' is an
unsustainable product made from petroleum, a fossil fuel and a non-re-
newable resource. Fossil fuels increase carbon dioxide emissions and
other potent greenhouse gases that exacerbate global warming and cause
climate change.

Polystyrene foam is also very difficult to recycle due to its light
weight and low scrap value. It is generally not accepted in curbside
programs, is seldom able to be reused, and takes up a considerable
amount of space in landfills. Research suggests that landfills are
rapidly filling up and contain as much as 30% of the toxin-leaching,
non-biddegradable polystyrene products. Due to the physical properties
of polystyrene foam, the United States Environmental Protection Agency
states "that such materials can have serious impacts on human health,
wildlife, and the aquatic environment," because the product breaks down,
can clog waterways, and is mistaken for food by wildlife.

Polystyrene foam manufacturers are the fifth largest producers of toxic
waste in the United States (U.S.). One of the components of polystyrene
foam, styrene, is a known hazardous substance which was added to the
U.S. Health Department's list of carcinogens in June of 2011. Styrene
exposure increases the risk of leukemia and lymphoma and is a neurotox-
in. Many people do not realize that when they reheat food in a polystyr-
ene foam product using a microwave, toxins are released into their food.

Polystyrene foam bans can be found in California, Florida, Maine, Mary-
land, Massachusetts, Minnesota, New Jersey, Oregon, Texas, Washington
and Washington D.C. San Francisco, CA realized a 36% decrease in polys-
tyrene food service ware after a one year ban. Food establishments that
have participated in programs to reduce the use of single-use food
service ware have also saved thousands of dollars per year.

Albany County's Chief Executive Dan McCoy expanded a ban on polystyrene
foam service ware in Albany County in September of 2018.  The ban,
initially enacted in 2014 only for chain food establishments, now
requires county government, agencies and those who do business with
Albany County to do the same. A ban on the use of polystyrene single-use
food and beverage containers in New York City, required under Local Law
142, became effective on January 1, 2019.

This bill would address the environmental impacts of polystyrene foam
service ware across New York State, while allowing for exceptions in
cases of financial hardship or where there is no viable alternative
product.

 
FISCAL IMPACT ON THE STATE:

Undetermined.

 
LEGISLATIVE HISTORY:

2017-18 S.5837/A.10578 Ortiz - died in Environmental Conservation
2015-16 S.2782/A.5762 Kavanagh - died in Environmental Conservation
2013-14 S.3444-A/A.119-A Kavanagh - died in Environmental Conservation
2011-12 S.426/A.6231 Kavanagh - notice of committee consideration;
discharged to Rules
2009-10 S.747-A/A.706-A Kavanagh - died in Environmental Conservation
2007-08 S.6402/A.9420 - notice of motion to petition - lost

 
EFFECTIVE DATE:
This act shall take effect one year from the date after it shall have
become law.

2019-S3068A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3068--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sens.  KRUEGER, BAILEY, HOYLMAN, KAVANAGH, LIU, SERRANO,
   STEWART-COUSINS -- read twice and ordered printed, and when printed to
   be committed to the Committee on Environmental Conservation -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting polystyrene waste
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "polystyrene waste reduction act".
   § 2. Article 27 of the environmental conservation law  is  amended  by
 adding a new title 20 to read as follows:
                                 TITLE 20
                        POLYSTYRENE WASTE REDUCTION
 SECTION 27-2001. DEFINITIONS.
         27-2003. PROHIBITED DISPOSABLE FOOD SERVICE CONTAINERS.
         27-2005. REQUIRED  COMPOSTABLE  OR  RECYCLABLE  DISPOSABLE  FOOD
                    SERVICE CONTAINERS.
         27-2007. UNIQUE PACKAGING OR FINANCIAL HARDSHIP WAIVER.
 § 27-2001. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "AFFORDABLE" MEANS PURCHASABLE FOR NOT MORE  THAN  FIFTEEN  PERCENT
 MORE  THAN  THE  PURCHASE  COST OF THE NON-COMPOSTABLE OR NON-RECYCLABLE
 ALTERNATIVE.
   2. "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC  BENEFIT
 CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
   3.  "AGENCY  OR  MUNICIPAL  FACILITY" MEANS ANY BUILDING, STRUCTURE OR
 VEHICLE OWNED OR OPERATED BY THE AGENCY OR MUNICIPALITY.
   4. "AGENCY OR MUNICIPAL CONTRACTORS AND LESSEES" MEANS ANY  PERSON  OR
 ENTITY  THAT  HAS A CONTRACT WITH AN AGENCY OR A MUNICIPALITY FOR PUBLIC

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

                                                            LBD00006-04-9

 S. 3068--A                          2
 
 WORKS OR IMPROVEMENTS TO BE PERFORMED, FOR A  FRANCHISE,  CONCESSION  OR
 LEASE OF PROPERTY, FOR GRANT MONIES OR GOODS AND SERVICES OR SUPPLIES TO
 BE  PURCHASED AT THE EXPENSE OF THE AGENCY OR MUNICIPALITY OR TO BE PAID
 OUT OF MONIES DEPOSITED IN THE TREASURY OR OUT OF TRUST MONIES UNDER THE
 CONTROL OR COLLECTED BY THE AGENCY OR MUNICIPALITY.
   5.  "AGENCY  OR MUNICIPAL FACILITY FOOD PROVIDER" MEANS AN ENTITY THAT
 PROVIDES, BUT DOES NOT SELL, PREPARED FOOD IN AGENCY OR MUNICIPAL FACIL-
 ITIES.
   6. "CHAIN RETAIL FOOD VENDOR" MEANS A RETAIL FOOD VENDOR WITH FIVE  OR
 MORE  LOCATIONS  THAT  CONDUCT  BUSINESS UNDER THE SAME BUSINESS NAME OR
 OPERATE UNDER COMMON OWNERSHIP OR MANAGEMENT OR PURSUANT TO A  FRANCHISE
 AGREEMENT WITH THE SAME FRANCHISOR.
   7.  "COMPOSTABLE"  MEANS  ALL  THE MATERIALS IN THE PRODUCT OR PACKAGE
 MEET THE AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) INTERNATIONAL
 STANDARD SPECIFICATION FOR COMPOSTABLE PLASTICS D6400, AND WILL:
   (A) UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES DURING  COMPOSTING  IN
 AN  APPROPRIATE  MUNICIPAL  OR  INDUSTRIAL  COMPOSTING FACILITY TO YIELD
 CARBON DIOXIDE, WATER,  INORGANIC  COMPOUNDS,  AND  BIOMASS  AT  A  RATE
 CONSISTENT WITH OTHER KNOWN COMPOSTABLE MATERIALS IN SIMILAR FACILITIES;
 AND
   (B)  LEAVE  NO VISIBLE, DISTINGUISHABLE OR TOXIC RESIDUE, INCLUDING NO
 ADVERSE IMPACT ON THE ABILITY OF COMPOSTS TO SUPPORT PLANT  GROWTH  ONCE
 THE FINISHED COMPOST IS PLACED IN SOIL.
   8.  "HOME COMPOSTABLE" MEANS ALL THE MATERIALS IN THE PRODUCT OR PACK-
 AGE CONFORM WITH THE VINCOTTE OK COMPOST HOME  CERTIFICATION  USING  THE
 EUROPEAN  NORM 13432 STANDARD, OR A COMPARABLE STANDARD AS DETERMINED BY
 THE DEPARTMENT, AND WILL:
   (A) UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES DURING COMPOSTING IN A
 HOME COMPOST PILE OR DEVICE TO YIELD CARBON  DIOXIDE,  WATER,  INORGANIC
 COMPOUNDS, AND BIOMASS AT A RATE CONSISTENT WITH OTHER KNOWN COMPOSTABLE
 MATERIALS IN SIMILAR FACILITIES; AND
   (B)  LEAVE  NO VISIBLE, DISTINGUISHABLE OR TOXIC RESIDUE, INCLUDING NO
 ADVERSE IMPACT ON THE ABILITY OF COMPOSTS TO SUPPORT PLANT  GROWTH  ONCE
 THE FINISHED COMPOST IS PLACED IN SOIL.
   9.  "DISPOSABLE  FOOD SERVICE CONTAINERS" MEANS ALL CONTAINERS, BOWLS,
 PLATES, TRAYS, CARTONS, CUPS, LIDS AND OTHER ITEMS THAT ARE DESIGNED  OR
 GENERALLY RECOGNIZED BY THE PUBLIC AS BEING DESIGNED FOR ONE-TIME USE TO
 HOLD,   CONTAIN,  OR  TRANSPORT  FOODS,  INCLUDING  WITHOUT  LIMITATION,
 CONTAINERS FOR TAKEOUT FOODS AND/OR LEFTOVERS  FROM  PARTIALLY  CONSUMED
 MEALS  PREPARED  BY  RETAIL  FOOD  VENDORS.    THE TERM "DISPOSABLE FOOD
 SERVICE CONTAINER" DOES NOT INCLUDE ITEMS COMPOSED ENTIRELY OF  ALUMINUM
 OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE INTENDED FOR REUSE.
   10.  "MUNICIPALITY"  MEANS  A  VILLAGE,  TOWN, CITY, OR COUNTY, OR ANY
 DESIGNATED AGENCY THEREOF.
   11. "POLYSTYRENE  FOAM"  MEANS  BLOWN  POLYSTYRENE  AND  EXPANDED  AND
 EXTRUDED  FOAMS THAT ARE THERMOPLASTIC PETROCHEMICAL MATERIALS UTILIZING
 A STYRENE MONOMER AND PROCESSED BY ANY NUMBER OF  TECHNIQUES  INCLUDING,
 BUT  NOT  LIMITED TO, FUSION OF POLYMER SPHERES, INJECTION MOLDING, FOAM
 MOLDING, AND EXTRUSION-BLOWN MOLDING.   POLYSTYRENE  FOAM  IS  GENERALLY
 USED  TO  MAKE  CUPS,  BOWLS,  PLATES, TRAYS, CLAMSHELL CONTAINERS, MEAT
 TRAYS AND EGG CARTONS. SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.
   12. "PREPARED FOOD" MEANS FOOD OR BEVERAGES, WHICH ARE SERVICED, PACK-
 AGED, COOKED, CHOPPED, SLICED, MIXED, BREWED, FROZEN, SQUEEZED OR OTHER-
 WISE PREPARED (COLLECTIVELY  "PREPARED")  FOR  INDIVIDUAL  CUSTOMERS  OR
 CONSUMERS. FOR THE PURPOSE OF THIS TITLE, PREPARED FOOD INCLUDES TAKEOUT

 S. 3068--A                          3
 
 FOOD,  BUT  DOES  NOT  INCLUDE RAW, BUTCHERED MEATS, PORK, FISH, SEAFOOD
 AND/OR POULTRY SOLD FROM A BUTCHER CASE OR SIMILAR RETAIL APPLIANCE.
   13.  "RECYCLABLE"  MEANS  MATERIAL  THAT  CAN  BE SORTED, CLEANSED AND
 RECONSTITUTED USING AVAILABLE  RECYCLING  COLLECTION  PROGRAMS  FOR  THE
 PURPOSE  OF  USING THE ALTERED FORM IN THE MANUFACTURE OF A NEW PRODUCT.
 RECYCLING DOES NOT INCLUDE BURNING, INCINERATING, CONVERTING, OR  OTHER-
 WISE THERMALLY DESTROYING SOLID WASTE.
   14.  "RESTAURANT" MEANS ANY ESTABLISHMENT THAT SELLS PREPARED FOOD FOR
 CONSUMPTION ON, NEAR, OR OFF ITS PREMISES. FOR PURPOSES OF  THIS  TITLE,
 THE  TERM  INCLUDES  A  RESTAURANT  OPERATING FROM A TEMPORARY FACILITY,
 CART, VEHICLE OR MOBILE UNIT.
   15. "RETAIL FOOD VENDOR" MEANS ANY STORE, SHOP, SALES OUTLET, OR OTHER
 ESTABLISHMENT, INCLUDING A GROCERY  STORE,  DELICATESSEN  OR  RESTAURANT
 THAT SELLS PREPARED FOOD.
 § 27-2003. PROHIBITED DISPOSABLE FOOD SERVICE CONTAINERS.
   1.  RETAIL  FOOD  VENDORS  SHALL  NOT  POSSESS, SELL, OR OFFER FOR USE
 DISPOSABLE FOOD SERVICE CONTAINERS THAT CONTAIN POLYSTYRENE FOAM.   THIS
 SUBDIVISION  SHALL  NOT  APPLY  TO  POLYSTYRENE FOAM CONTAINERS USED FOR
 PREPACKAGED FOOD THAT HAVE BEEN FILLED AND SEALED PRIOR  TO  RECEIPT  BY
 THE RETAIL FOOD VENDORS.
   2.  AGENCY  OR  MUNICIPAL  FACILITY  FOOD PROVIDERS SHALL NOT POSSESS,
 SELL, OR OFFER FOR USE DISPOSABLE FOOD SERVICE CONTAINERS  THAT  CONTAIN
 POLYSTYRENE FOAM.
   3.  AGENCIES  AND  MUNICIPALITIES  SHALL  NOT PURCHASE, ACQUIRE OR USE
 DISPOSABLE FOOD SERVICE CONTAINERS THAT CONTAIN POLYSTYRENE FOAM.
   4. AGENCY OR MUNICIPAL CONTRACTORS  AND  LESSEES  SHALL  NOT  POSSESS,
 SELL,  OR  OFFER FOR USE DISPOSABLE FOOD SERVICE CONTAINERS THAT CONTAIN
 POLYSTYRENE FOAM IN AGENCY OR MUNICIPAL FACILITIES OR  WHILE  PERFORMING
 UNDER AN AGENCY OR MUNICIPAL CONTRACT OR LEASE.
   5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES
 OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES
 OF  CONTRACTORS AND LESSEES THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES
 OR MUNICIPALITIES.
 § 27-2005. REQUIRED COMPOSTABLE OR RECYCLABLE  DISPOSABLE  FOOD  SERVICE
              CONTAINERS.
   1.  ALL  RETAIL  FOOD  VENDORS,  AGENCIES,  MUNICIPALITIES, AGENCY AND
 MUNICIPAL FACILITY FOOD PROVIDERS, AND MUNICIPAL CONTRACTORS AND LESSEES
 OPERATING IN  MUNICIPAL  FACILITIES  OR  PERFORMING  UNDER  A  MUNICIPAL
 CONTRACT OR LEASE USING ANY DISPOSABLE FOOD SERVICE CONTAINERS SHALL USE
 A SUITABLE AFFORDABLE COMPOSTABLE, HOME COMPOSTABLE, OR RECYCLABLE PROD-
 UCT,  UNLESS THERE IS NO SUITABLE AFFORDABLE COMPOSTABLE, HOME COMPOSTA-
 BLE, OR RECYCLABLE PRODUCT AVAILABLE AS  DETERMINED  BY  THE  DEPARTMENT
 PURSUANT TO A WAIVER IN ACCORDANCE WITH SECTION 27-2007 OF THIS TITLE.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES
 OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES
 OF  CONTRACTORS AND LESSEES THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES
 OR MUNICIPALITIES.
 § 27-2007. UNIQUE PACKAGING OR FINANCIAL HARDSHIP WAIVER.
   1. ANY NOT-FOR-PROFIT CORPORATION, REGARDLESS OF ITS INCOME,  AND  ANY
 RETAIL  FOOD  VENDOR THAT HAD A GROSS INCOME UNDER FIVE HUNDRED THOUSAND
 DOLLARS PER LOCATION ON THEIR ANNUAL INCOME  TAX  FILING  FOR  THE  MOST
 RECENT  TAX  YEAR  AND  IS  NOT  PART  OF A CHAIN RETAIL FOOD VENDOR MAY
 REQUEST FROM THE DEPARTMENT, IN A MANNER AND  FORM  ESTABLISHED  BY  THE
 DEPARTMENT,  A  UNIQUE  PACKAGING  OR  FINANCIAL  HARDSHIP WAIVER OF THE
 REQUIREMENTS OF THIS TITLE. SUCH WAIVER REQUEST MAY APPLY TO ONE OR MORE

 S. 3068--A                          4
 
 TYPES OF DISPOSABLE FOOD SERVICE CONTAINERS POSSESSED, SOLD, OR  OFFERED
 FOR USE BY ANY SUCH NOT-FOR-PROFIT CORPORATION OR RETAIL FOOD VENDOR.
   2.  THE  DEPARTMENT  SHALL  GRANT  SUCH  WAIVER IF SUCH NOT-FOR-PROFIT
 CORPORATION OR RETAIL FOOD VENDOR PROVES:
   (A) THAT NO REASONABLY FEASIBLE ALTERNATIVE EXISTS TO A  SPECIFIC  AND
 NECESSARY TYPE OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE CONTAINER; OR
   (B)  THAT  THERE  IS NO COMPARABLE ALTERNATIVE PRODUCT NOT COMPOSED OF
 POLYSTYRENE FOAM THAT WOULD COST THE SAME AS OR LESS THAN THE  TYPES  OF
 DISPOSABLE  FOOD SERVICE CONTAINER COMPOSED OF POLYSTYRENE FOAM AND THAT
 THE PURCHASE OR USE OF AN ALTERNATIVE PRODUCT NOT COMPOSED OF  POLYSTYR-
 ENE FOAM WOULD CREATE AN UNDUE FINANCIAL HARDSHIP; OR
   (C)  THAT  THERE IS NO SUITABLE AFFORDABLE COMPOSTABLE, HOME COMPOSTA-
 BLE, OR RECYCLABLE PRODUCT AVAILABLE AS AN ALTERNATIVE TO  ANY  TYPE  OF
 DISPOSABLE FOOD SERVICE CONTAINER.
   3.  SUCH  UNIQUE PACKAGING OR FINANCIAL HARDSHIP WAIVER SHALL BE VALID
 FOR TWELVE MONTHS AND SHALL BE RENEWABLE UPON APPLICATION TO THE DEPART-
 MENT. A PENDING APPLICATION FOR SUCH WAIVER SHALL BE A  DEFENSE  TO  ANY
 NOTICE  OF VIOLATION ISSUED PURSUANT TO THIS TITLE TO WHICH SUCH PENDING
 APPLICATION RELATES AND SUCH NOTICE OF VIOLATION SHALL BE DISMISSED.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 71-2730 to read as follows:
 § 71-2730. ENFORCEMENT OF SECTIONS 27-2003 AND 27-2005 OF THIS CHAPTER.
   1.  ANY  PERSON  WHO  SHALL VIOLATE SECTION 27-2003 OR 27-2005 OF THIS
 CHAPTER SHALL RECEIVE A WARNING NOTICE FOR THE FIRST SUCH  VIOLATION.  A
 PERSON  SHALL  BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF
 NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR THE  FIRST  VIOLATION  AFTER
 RECEIVING  A  WARNING, NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE SECOND
 VIOLATION IN THE SAME CALENDAR YEAR, AND  NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS FOR EACH SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR. FOR THE
 PURPOSES  OF  THIS SECTION, EACH COMMERCIAL TRANSACTION SHALL CONSTITUTE
 NO MORE THAN ONE VIOLATION. A HEARING OR OPPORTUNITY TO BE  HEARD  SHALL
 BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.
   2.  (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
 DEPARTMENT OF HEALTH, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED  TO
 ENFORCE THE PROVISIONS OF SECTIONS 27-2003 AND 27-2005 OF THIS CHAPTER.
   (B)  THE  PROVISIONS OF SECTION 27-2003 OR 27-2005 OF THIS CHAPTER MAY
 ALSO BE ENFORCED BY A VILLAGE, TOWN,  CITY,  OR  COUNTY  AND  THE  LOCAL
 LEGISLATIVE BODY THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGULATIONS
 CONSISTENT  WITH  THIS  TITLE  PROVIDING  FOR  THE  ENFORCEMENT  OF SUCH
 PROVISIONS.
   3. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
 STATE TO ENFORCE THE PROVISIONS OF SECTION 27-2003 OR  27-2005  OF  THIS
 CHAPTER SHALL BE RETAINED BY THE STATE.  ANY FINES THAT ARE COLLECTED BY
 A  MUNICIPALITY  DURING  PROCEEDINGS BY THE MUNICIPALITY TO ENFORCE SUCH
 PROVISIONS WITHIN THE MUNICIPALITY SHALL  BE  RETAINED  BY  THE  MUNICI-
 PALITY.
   §  4.  This act shall take effect on the three hundred sixty-fifth day
 after it shall have become a law. Effective  immediately  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such date.

co-Sponsors

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2019-S3068B (ACTIVE) - Details

See Assembly Version of this Bill:: A5398
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 20 §§27-2001 - 27-2007, §71-2730, En Con L

2019-S3068B (ACTIVE) - Summary

Prohibits polystyrene waste.

2019-S3068B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3068B

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting polystyrene waste

 
PURPOSE:

To prohibit the use of food service containers that contain polystyrene
foam by food service providers, including state agencies and munici-
palities, and their contractors and lessees, as well as restaurants and
retail food vendors. Polystyrene is used as a means to package prepared
food that can be "taken out" of food establishments by consumers. This
bill would require food service providers to use alternate products that
are compostable or recyclable.

 
SUMMARY OF PROVISIONS:

Article 27 is amended to add a new Title 20 Polystyrene Waste Reduction.
27-2001 - Definitions.

27-2003 - Prohibited disposable food service containers. Retail food
venders, agencies and municipalities, agency and municipal facility food
providers, agency and municipal contractors and lessees shall not sell
prepared food in disposable food service containers that contain polys-
tyrene foam.

27-2005 - Required compostable or recyclable disposable food service
containers. All entities covered under section 27-2203 using any dispos-
able food service container shall use a suitable, affordable composta-
ble, home compostable or recyclable product unless there is no such
product available.

27-2007 - Unique packaging or financial hardship waiver. Any not-forpro-
fit corporation regardless of income, and any retail food vendor with a
gross income under $500,000 per location that is not part of a chain may
request a unique packaging or financial hardship waiver from the Depart-
ment of Environmental Conservation.

71-2730 - Anyone in violation shall receive a warning notice for the
first violation. A person shall be liable for a civil penalty of $250
for the first violation after a warning, $500 for the second violation,
and $1,000 for each subsequent violation in the same calendar year.
Enforcement of provisions will be the responsibility of the Departments
of Environmental Conservation.

Agriculture and Markets, and Health, and the Attorney General.
Provisions may also be enforced by a village, town, city, or county,
which are empowered to create local laws, ordinances, or regulations
consistent with this title.

 
JUSTIFICATION:

Polystyrene foam is a liquid hydrocarbon that is commercially manufac-
tured from petroleum. Each year Americans throw away 25,000,000, 000
polystyrene foam cups, which equates to 1,369 tons of polystyrene foam
products every day. A single polystyrene foam cup can take up to 500
years to fully disintegrate. Polystyrene foam, or 'styrofoam' is an
unsustainable product made from petroleum, a fossil fuel and a non-re-
newable resource. Fossil fuels increase carbon dioxide emissions and
other potent greenhouse gases that exacerbate global warming and cause
climate change.

Polystyrene foam is also very difficult to recycle due to its light
weight and low scrap value. It is generally not accepted in curbside
programs, is seldom able to be reused, and takes up a considerable
amount of space in landfills. Research suggests that landfills are
rapidly filling up and contain as much as 30% of the toxin-leaching,
non-biddegradable polystyrene products. Due to the physical properties
of polystyrene foam, the United States Environmental Protection Agency
states "that such materials can have serious impacts on human health,
wildlife, and the aquatic environment," because the product breaks down,
can clog waterways, and is mistaken for food by wildlife.

Polystyrene foam manufacturers are the fifth largest producers of toxic
waste in the United States (U.S.). One of the components of polystyrene
foam, styrene, is a known hazardous substance which was added to the
U.S. Health Department's list of carcinogens in June of 2011. Styrene
exposure increases the risk of leukemia and lymphoma and is a neurotox-
in. Many people do not realize that when they reheat,food in a polystyr-
ene foam product using a microwave, toxins are released into their food.

Polystyrene foam bans can be found in California, Florida, Maine, Mary-
land, Massachusetts, Minnesota, New Jersey, Oregon, Texas, Washington
and Washington D.C. San Francisco, CA realized a 36% decrease in polys-
tyrene food service ware after a one year ban. Food establishments that
have participated in programs to reduce the use of single-use food
service ware have also saved thousands of dollars per year.

Albany County's Chief Executive Dan McCoy expanded a ban on polystyrene
foam service ware in Albany County in. September of 2018.  The ban,
initially enacted in 2014 only for chain food establishments, now
requires county government, agencies and those who do business with
Albany County to do the same. A ban on the use of polystyrene single-use
food and beverage containers in New York City, required under Local Law
142, became effective on January 1, 2019.

This bill would address the environmental impacts of polystyrene foam
service ware across New York State, while allowing for exceptions in
cases of financial hardship or where there is no viable alternative
product.

 
FISCAL IMPACT ON THE STATE:

 Undetermined.

 
LEGISLATIVE HISTORY:

2017-18 S.5837/A.10578 Ortiz - died in Environmental Conservation
2015-16 S.2782/A.5762 Kavanagh - died in Environmental Conservation
2013-14 S.3444-A/A.119-A Kavanagh - died in Environmental Conservation
2011-12 S.426/A.6231 Kavanagh - notice of committee consideration;
discharged to Rules
2009-10 S.747-A/A.706-A Kavanagh - died in Environmental Conservation
2007-08 S.6402/A.9420 - notice of motion to petition - lost

 
EFFECTIVE DATE:
This act shall take effect one year from the date after it shall have
become law. This act shall apply only to agency and municipal contracts
executed or extended on or after the effective date.

2019-S3068B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3068--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sens. KRUEGER, BAILEY, CARLUCCI, HOYLMAN, KAVANAGH, LIU,
   SERRANO, STEWART-COUSINS -- 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,  in  relation  to
   prohibiting polystyrene waste
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "polystyrene waste reduction act".
   §  2.  Article  27 of the environmental conservation law is amended by
 adding a new title 20 to read as follows:
                                 TITLE 20
                        POLYSTYRENE WASTE REDUCTION
 SECTION 27-2001. DEFINITIONS.
         27-2003. PROHIBITED DISPOSABLE FOOD SERVICE CONTAINERS.
         27-2005. REQUIRED  COMPOSTABLE  OR  RECYCLABLE  DISPOSABLE  FOOD
                    SERVICE CONTAINERS.
         27-2007. UNIQUE PACKAGING OR FINANCIAL HARDSHIP WAIVER.
 § 27-2001. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "AFFORDABLE"  MEANS  PURCHASABLE FOR NOT MORE THAN FIFTEEN PERCENT
 MORE THAN THE PURCHASE COST OF  THE  NON-COMPOSTABLE  OR  NON-RECYCLABLE
 ALTERNATIVE.
   2.  "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT
 CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
   3. "AGENCY OR MUNICIPAL FACILITY" MEANS  ANY  BUILDING,  STRUCTURE  OR
 VEHICLE OWNED OR OPERATED BY THE AGENCY OR MUNICIPALITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00006-08-9

 S. 3068--B                          2
 
   4.  "AGENCY  OR MUNICIPAL CONTRACTORS AND LESSEES" MEANS ANY PERSON OR
 ENTITY THAT HAS A CONTRACT WITH AN AGENCY OR A MUNICIPALITY  FOR  PUBLIC
 WORKS  OR  IMPROVEMENTS  TO BE PERFORMED, FOR A FRANCHISE, CONCESSION OR
 LEASE OF PROPERTY, FOR GRANT MONIES OR GOODS AND SERVICES OR SUPPLIES TO
 BE  PURCHASED AT THE EXPENSE OF THE AGENCY OR MUNICIPALITY OR TO BE PAID
 OUT OF MONIES DEPOSITED IN THE TREASURY OR OUT OF TRUST MONIES UNDER THE
 CONTROL OR COLLECTED BY THE AGENCY OR MUNICIPALITY.
   5. "AGENCY OR MUNICIPAL FACILITY FOOD PROVIDER" MEANS AN  ENTITY  THAT
 PROVIDES, BUT DOES NOT SELL, PREPARED FOOD IN AGENCY OR MUNICIPAL FACIL-
 ITIES.
   6.  "CHAIN RETAIL FOOD VENDOR" MEANS A RETAIL FOOD VENDOR WITH FIVE OR
 MORE LOCATIONS THAT CONDUCT BUSINESS UNDER THE  SAME  BUSINESS  NAME  OR
 OPERATE  UNDER COMMON OWNERSHIP OR MANAGEMENT OR PURSUANT TO A FRANCHISE
 AGREEMENT WITH THE SAME FRANCHISOR.
   7. "COMPOSTABLE" MEANS ALL THE MATERIALS IN  THE  PRODUCT  OR  PACKAGE
 MEET THE AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) INTERNATIONAL
 STANDARD SPECIFICATION FOR COMPOSTABLE PLASTICS D6400, AND WILL:
   (A)  UNDERGO  DEGRADATION BY BIOLOGICAL PROCESSES DURING COMPOSTING IN
 AN APPROPRIATE MUNICIPAL OR  INDUSTRIAL  COMPOSTING  FACILITY  TO  YIELD
 CARBON  DIOXIDE,  WATER,  INORGANIC  COMPOUNDS,  AND  BIOMASS  AT A RATE
 CONSISTENT WITH OTHER KNOWN COMPOSTABLE MATERIALS IN SIMILAR FACILITIES;
 AND
   (B) LEAVE NO VISIBLE, DISTINGUISHABLE OR TOXIC RESIDUE,  INCLUDING  NO
 ADVERSE  IMPACT  ON THE ABILITY OF COMPOSTS TO SUPPORT PLANT GROWTH ONCE
 THE FINISHED COMPOST IS PLACED IN SOIL.
   8. "HOME COMPOSTABLE" MEANS ALL THE MATERIALS IN THE PRODUCT OR  PACK-
 AGE  CONFORM  WITH  THE VINCOTTE OK COMPOST HOME CERTIFICATION USING THE
 EUROPEAN NORM 13432 STANDARD, OR A COMPARABLE STANDARD AS DETERMINED  BY
 THE DEPARTMENT, AND WILL:
   (A) UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES DURING COMPOSTING IN A
 HOME  COMPOST  PILE  OR DEVICE TO YIELD CARBON DIOXIDE, WATER, INORGANIC
 COMPOUNDS, AND BIOMASS AT A RATE CONSISTENT WITH OTHER KNOWN COMPOSTABLE
 MATERIALS IN SIMILAR FACILITIES; AND
   (B) LEAVE NO VISIBLE, DISTINGUISHABLE OR TOXIC RESIDUE,  INCLUDING  NO
 ADVERSE  IMPACT  ON THE ABILITY OF COMPOSTS TO SUPPORT PLANT GROWTH ONCE
 THE FINISHED COMPOST IS PLACED IN SOIL.
   9. "DISPOSABLE FOOD SERVICE CONTAINERS" MEANS ALL  CONTAINERS,  BOWLS,
 PLATES,  TRAYS, CARTONS, CUPS, LIDS AND OTHER ITEMS THAT ARE DESIGNED OR
 GENERALLY RECOGNIZED BY THE PUBLIC AS BEING DESIGNED FOR ONE-TIME USE TO
 HOLD,  CONTAIN,  OR  TRANSPORT  FOODS,  INCLUDING  WITHOUT   LIMITATION,
 CONTAINERS  FOR  TAKEOUT  FOODS AND/OR LEFTOVERS FROM PARTIALLY CONSUMED
 MEALS PREPARED BY RETAIL FOOD VENDORS.  FOR THE PURPOSES OF THIS  TITLE,
 THE TERM "DISPOSABLE FOOD SERVICE CONTAINER" DOES NOT INCLUDE CONTAINERS
 OR OTHER ITEMS THAT ARE USED FOR THE TRANSPORTATION, STORAGE, OR DISPLAY
 OF  RAW  EGGS,  OR  RAW  UNCOOKED BUTCHERED MEATS, FISH, SEAFOOD, AND/OR
 POULTRY SOLD FROM A BUTCHER CASE OR SIMILAR RETAIL APPLIANCE.
   10. "MUNICIPALITY" MEANS A VILLAGE, TOWN,  CITY,  OR  COUNTY,  OR  ANY
 DESIGNATED AGENCY THEREOF.
   11.  "POLYSTYRENE  FOAM"  MEANS  BLOWN  POLYSTYRENE  AND  EXPANDED AND
 EXTRUDED FOAMS THAT ARE THERMOPLASTIC PETROCHEMICAL MATERIALS  UTILIZING
 A  STYRENE  MONOMER AND PROCESSED BY ANY NUMBER OF TECHNIQUES INCLUDING,
 BUT NOT LIMITED TO, FUSION OF POLYMER SPHERES, INJECTION  MOLDING,  FOAM
 MOLDING,  AND  EXTRUSION-BLOWN  MOLDING.   POLYSTYRENE FOAM IS GENERALLY
 USED TO MAKE CUPS, BOWLS,  PLATES,  TRAYS,  CLAMSHELL  CONTAINERS,  MEAT
 TRAYS AND EGG CARTONS. SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.

 S. 3068--B                          3
 
   12. "PREPARED FOOD" MEANS FOOD OR BEVERAGES, WHICH ARE SERVICED, PACK-
 AGED, COOKED, CHOPPED, SLICED, MIXED, BREWED, FROZEN, SQUEEZED OR OTHER-
 WISE  PREPARED  (COLLECTIVELY  "PREPARED")  FOR  INDIVIDUAL CUSTOMERS OR
 CONSUMERS. FOR THE PURPOSES OF THIS TITLE, PREPARED FOOD INCLUDES  TAKE-
 OUT FOOD, BUT DOES NOT INCLUDE RAW, BUTCHERED MEATS, PORK, FISH, SEAFOOD
 AND/OR POULTRY SOLD FROM A BUTCHER CASE OR SIMILAR RETAIL APPLIANCE.
   13.  "RECYCLABLE"  MEANS  MATERIAL  THAT  CAN  BE SORTED, CLEANSED AND
 RECONSTITUTED USING AVAILABLE  RECYCLING  COLLECTION  PROGRAMS  FOR  THE
 PURPOSE  OF  USING THE ALTERED FORM IN THE MANUFACTURE OF A NEW PRODUCT.
 RECYCLING DOES NOT INCLUDE BURNING, INCINERATING, CONVERTING, OR  OTHER-
 WISE THERMALLY DESTROYING SOLID WASTE.
   14.  "RESTAURANT" MEANS ANY ESTABLISHMENT THAT SELLS PREPARED FOOD FOR
 CONSUMPTION ON, NEAR, OR OFF ITS PREMISES. FOR PURPOSES OF  THIS  TITLE,
 THE  TERM  INCLUDES  A  RESTAURANT  OPERATING FROM A TEMPORARY FACILITY,
 CART, VEHICLE OR MOBILE UNIT.
   15. "RETAIL FOOD VENDOR" MEANS ANY STORE, SHOP, SALES OUTLET, OR OTHER
 ESTABLISHMENT, INCLUDING A GROCERY  STORE,  DELICATESSEN  OR  RESTAURANT
 THAT SELLS PREPARED FOOD.
 § 27-2003. PROHIBITED DISPOSABLE FOOD SERVICE CONTAINERS.
   1.  RETAIL  FOOD  VENDORS  SHALL  NOT  POSSESS, SELL, OR OFFER FOR USE
 DISPOSABLE FOOD SERVICE CONTAINERS THAT CONTAIN POLYSTYRENE FOAM.   THIS
 SUBDIVISION  SHALL  NOT  APPLY  TO  POLYSTYRENE FOAM CONTAINERS USED FOR
 PREPACKAGED FOOD THAT HAVE BEEN FILLED AND SEALED PRIOR  TO  RECEIPT  BY
 THE RETAIL FOOD VENDORS.
   2.  AGENCY  OR  MUNICIPAL  FACILITY  FOOD PROVIDERS SHALL NOT POSSESS,
 SELL, OR OFFER FOR USE DISPOSABLE FOOD SERVICE CONTAINERS  THAT  CONTAIN
 POLYSTYRENE FOAM.
   3.  AGENCIES  AND  MUNICIPALITIES  SHALL  NOT PURCHASE, ACQUIRE OR USE
 DISPOSABLE FOOD SERVICE CONTAINERS THAT CONTAIN POLYSTYRENE FOAM.
   4. AGENCY OR MUNICIPAL CONTRACTORS  AND  LESSEES  SHALL  NOT  POSSESS,
 SELL,  OR  OFFER FOR USE DISPOSABLE FOOD SERVICE CONTAINERS THAT CONTAIN
 POLYSTYRENE FOAM IN AGENCY OR MUNICIPAL FACILITIES OR  WHILE  PERFORMING
 UNDER AN AGENCY OR MUNICIPAL CONTRACT OR LEASE.
   5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES
 OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES
 OF  CONTRACTORS AND LESSEES THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES
 OR MUNICIPALITIES.
 § 27-2005. REQUIRED COMPOSTABLE OR RECYCLABLE  DISPOSABLE  FOOD  SERVICE
              CONTAINERS.
   1.  ALL  RETAIL  FOOD  VENDORS,  AGENCIES,  MUNICIPALITIES, AGENCY AND
 MUNICIPAL FACILITY FOOD PROVIDERS, AND MUNICIPAL CONTRACTORS AND LESSEES
 OPERATING IN  MUNICIPAL  FACILITIES  OR  PERFORMING  UNDER  A  MUNICIPAL
 CONTRACT OR LEASE USING ANY DISPOSABLE FOOD SERVICE CONTAINERS SHALL USE
 A SUITABLE AFFORDABLE COMPOSTABLE, HOME COMPOSTABLE, OR RECYCLABLE PROD-
 UCT,  UNLESS THERE IS NO SUITABLE AFFORDABLE COMPOSTABLE, HOME COMPOSTA-
 BLE, OR RECYCLABLE PRODUCT AVAILABLE AS  DETERMINED  BY  THE  DEPARTMENT
 PURSUANT TO A WAIVER IN ACCORDANCE WITH SECTION 27-2007 OF THIS TITLE.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES
 OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES
 OF  CONTRACTORS AND LESSEES THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES
 OR MUNICIPALITIES.
 § 27-2007. UNIQUE PACKAGING OR FINANCIAL HARDSHIP WAIVER.
   1. ANY NOT-FOR-PROFIT CORPORATION, REGARDLESS OF ITS INCOME,  AND  ANY
 RETAIL  FOOD  VENDOR THAT HAD A GROSS INCOME UNDER FIVE HUNDRED THOUSAND
 DOLLARS PER LOCATION ON THEIR ANNUAL INCOME  TAX  FILING  FOR  THE  MOST
 RECENT  TAX  YEAR  AND  IS  NOT  PART  OF A CHAIN RETAIL FOOD VENDOR MAY

 S. 3068--B                          4
 
 REQUEST FROM THE DEPARTMENT, IN A MANNER AND  FORM  ESTABLISHED  BY  THE
 DEPARTMENT,  A  UNIQUE  PACKAGING  OR  FINANCIAL  HARDSHIP WAIVER OF THE
 REQUIREMENTS OF THIS TITLE. SUCH WAIVER REQUEST MAY APPLY TO ONE OR MORE
 TYPES  OF DISPOSABLE FOOD SERVICE CONTAINERS POSSESSED, SOLD, OR OFFERED
 FOR USE BY ANY SUCH NOT-FOR-PROFIT CORPORATION OR RETAIL FOOD VENDOR.
   2. THE DEPARTMENT SHALL  GRANT  SUCH  WAIVER  IF  SUCH  NOT-FOR-PROFIT
 CORPORATION OR RETAIL FOOD VENDOR PROVES:
   (A)  THAT  NO REASONABLY FEASIBLE ALTERNATIVE EXISTS TO A SPECIFIC AND
 NECESSARY TYPE OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE CONTAINER; OR
   (B) THAT THERE IS NO COMPARABLE, AFFORDABLE  DISPOSABLE  FOOD  SERVICE
 CONTAINER  NOT COMPOSED OF POLYSTYRENE FOAM AND THAT THE PURCHASE OR USE
 OF AN ALTERNATIVE DISPOSABLE FOOD  SERVICE  CONTAINER  NOT  COMPOSED  OF
 POLYSTYRENE FOAM WOULD CREATE AN UNDUE FINANCIAL HARDSHIP; OR
   (C)  THAT  THERE IS NO SUITABLE AFFORDABLE COMPOSTABLE, HOME COMPOSTA-
 BLE, OR RECYCLABLE PRODUCT AVAILABLE AS AN ALTERNATIVE TO  ANY  TYPE  OF
 DISPOSABLE FOOD SERVICE CONTAINER.
   3.  SUCH  UNIQUE PACKAGING OR FINANCIAL HARDSHIP WAIVER SHALL BE VALID
 FOR TWELVE MONTHS AND SHALL BE RENEWABLE UPON APPLICATION TO THE DEPART-
 MENT. A PENDING APPLICATION FOR SUCH WAIVER SHALL BE A  DEFENSE  TO  ANY
 NOTICE  OF VIOLATION ISSUED PURSUANT TO THIS TITLE TO WHICH SUCH PENDING
 APPLICATION RELATES AND SUCH NOTICE OF VIOLATION SHALL BE DISMISSED.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 71-2730 to read as follows:
 § 71-2730. ENFORCEMENT OF SECTIONS 27-2003 AND 27-2005 OF THIS CHAPTER.
   1.  ANY  PERSON  WHO  SHALL VIOLATE SECTION 27-2003 OR 27-2005 OF THIS
 CHAPTER SHALL RECEIVE A WARNING NOTICE FOR THE FIRST SUCH  VIOLATION.  A
 PERSON  SHALL  BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF
 NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR THE  FIRST  VIOLATION  AFTER
 RECEIVING  A  WARNING, NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE SECOND
 VIOLATION IN THE SAME CALENDAR YEAR, AND  NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS FOR EACH SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR. FOR THE
 PURPOSES  OF  THIS SECTION, EACH COMMERCIAL TRANSACTION SHALL CONSTITUTE
 NO MORE THAN ONE VIOLATION. A HEARING OR OPPORTUNITY TO BE  HEARD  SHALL
 BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.
   2.  (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
 DEPARTMENT OF HEALTH, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED  TO
 ENFORCE THE PROVISIONS OF SECTIONS 27-2003 AND 27-2005 OF THIS CHAPTER.
   (B)  THE  PROVISIONS OF SECTION 27-2003 OR 27-2005 OF THIS CHAPTER MAY
 ALSO BE ENFORCED BY A VILLAGE, TOWN,  CITY,  OR  COUNTY  AND  THE  LOCAL
 LEGISLATIVE BODY THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGULATIONS
 CONSISTENT  WITH  THIS  TITLE  PROVIDING  FOR  THE  ENFORCEMENT  OF SUCH
 PROVISIONS.
   3. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
 STATE TO ENFORCE THE PROVISIONS OF SECTION 27-2003 OR  27-2005  OF  THIS
 CHAPTER SHALL BE RETAINED BY THE STATE.  ANY FINES THAT ARE COLLECTED BY
 A  MUNICIPALITY  DURING  PROCEEDINGS BY THE MUNICIPALITY TO ENFORCE SUCH
 PROVISIONS WITHIN THE MUNICIPALITY SHALL  BE  RETAINED  BY  THE  MUNICI-
 PALITY.
   §  4.  This act shall take effect on the three hundred sixty-fifth day
 after it shall have become a law. This act shall apply  only  to  agency
 and  municipal  contracts executed or extended on or after the effective
 date.  Effective immediately the addition, amendment  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such date.

Senate Bill S3068B

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

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Senate Bill S3068B

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Sponsored By

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

Bill Amendments

co-Sponsors

2019-S3068 - Details

2019-S3068 - Summary

2019-S3068 - Sponsor Memo

2019-S3068 - Bill Text download pdf

co-Sponsors

2019-S3068A - Details

2019-S3068A - Summary

2019-S3068A - Sponsor Memo

2019-S3068A - Bill Text download pdf

co-Sponsors

2019-S3068B (ACTIVE) - Details

2019-S3068B (ACTIVE) - Summary

2019-S3068B (ACTIVE) - Sponsor Memo

2019-S3068B (ACTIVE) - Bill Text download pdf

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