NY State Senate Bill S5282A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 23, 2020	ordered to third reading rules cal.307 substituted for a7662b referred to codes delivered to assembly passed senate
Jul 22, 2020	ordered to third reading cal.885
Jul 20, 2020	print number 5282b
Jul 20, 2020	amend (t) and recommit to rules reported and committed to rules
Jan 08, 2020	referred to environmental conservation
May 23, 2019	print number 5282a
May 23, 2019	amend and recommit to environmental conservation
Apr 23, 2019	referred to environmental conservation

Votes

view votes

Jul 23, 2020 - floor Vote

S5282B

floor

Aye

Nay

Absent

Excused

Abstained

Jul 22, 2020 - Rules committee Vote

S5282B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 20, 2020 - Environmental Conservation committee Vote

S5282A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Jul 20, 2020

aye (8)

nay (1)

Little

aye wr (2)

Bill Amendments

Original

B (Active)

Original

B (Active)

S5282 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3007, En Con L; amd §92-s, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S543

S5282 - Summary

Prohibits hotels from making available to its hotel guests small plastic bottles containing hospitality personal care products; imposes a monetary penalty for violation of such prohibition after notice, and a hearing or opportunity to be heard.

S5282 - Sponsor Memo

 
BILL NUMBER: S5282

SPONSOR: KAMINSKY
 
TITLE OF BILL:  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

 
PURPOSE:

This bill would reduce plastic pollution by restricting hotels from
providing certain small bottles used for personal care products.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new section 27-3001 to the environ-
mental conservation law (ECL) to prohibit hotels from providing small
bottles used for personal care products like shampoo, conditioner,
lotion, and liquid soap

Section 2 of this bill amends state finance law describing all funds
collected from violations would be deposited into the environmental

protection fund.

Section 3 of this bill describes preemption.

Section 4 of this bill is the effective date.

 
JUSTIFICATION:

In 2017, the world produced 348 million tons of plastic. Of that, 40t
was used to produce single-use plastic products. Additionally, scien-
tists predict over 8 million metric tons of the plastic produced fails
to be recycled and ends up in our oceans every year. With such a global
epidemic at hand, it is apparent consumers and corporations alike need
to make an effort to use more sustainable alternatives.

One step that New York can take to reduce plastic waste is to prohibit
hotels from providing single-use small plastic bottles to customers.
These small bottles are both unnecessary and wasteful, especially in the
light of viable alternatives existing in the form of dispensers.
Dispensers are also proven to be more cost effective for hotels, along
with being less wasteful. Marriott International has already taken steps
to reduce plastic waste by replacing small toiletry bottles in their
guest bathrooms in select hotels with in-shower dispensers instead.
Marriott expects this will help eliminate more than 35 million small
plastic toiletry bottles annually and will save approximately 23,000
plastic bottles from being discarded per each 140-room hotel. By
restricting hotels from providing these small bottles used for personal
care products, the state will take another important step in combating
single use plastic pollution.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This bill shall take effect January 1, 2022

S5282 - Bill Text download pdf


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

                                  5282

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 23, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- 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 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.
  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.

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

                                                           LBD11287-02-9

S. 5282                             2

§ 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
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

S. 5282                             3

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
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

S. 5282                             4

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.

Co-Sponsors

view additional co-sponsors

S5282A - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3007, En Con L; amd §92-s, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S543

S5282A - Summary

S5282A - Sponsor Memo

 
BILL NUMBER: S5282A

SPONSOR: KAMINSKY
 
TITLE OF BILL:  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

 
PURPOSE:

This bill would reduce plastic pollution by restricting hotels from
providing certain small bottles used for personal care products.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new section 27-3001 to the environ-
mental conservation law (ECL) to prohibit hotels from providing small
bottles used for personal care products like shampoo, conditioner,
lotion, and liquid soap. The requirement will be phased in over 2023 and
2024 for both larger and smaller hotels.

Section 2 of this bill amends state finance law describing all funds

collected from violations would be deposited into the environmental
protection fund.

Section 3 of this bill describes preemption.

Section 4 of this bill is the effective date.

 
JUSTIFICATION:

In 2017, the world produced 348 million tons of plastic. Of that, 40
percent was used to produce single-use plastic products.  Additionally,
scientists predict over 8 million metric tons of the plastic produced
fails to be recycled and ends up in our oceans every year. With such a
global epidemic at hand, it is apparent consumers and corporations alike
need to make an effort to use more sustainable alternatives.

One step that New York can take to reduce plastic waste is to prohibit
hotels from providing single-use small plastic bottles to customers.
These small bottles are both unnecessary and wasteful, especially in the
light of viable alternatives existing in the form of dispensers.
Dispensers are also proven to be more cost effective for hotels, along
with being less wasteful. Marriott International has already taken steps
to reduce plastic waste by replacing small toiletry bottles in their
guest bathrooms in select hotels with in-shower dispensers instead.
Marriott expects this will help eliminate more than 35 million small
plastic toiletry bottles annually and will save approximately 23,000
plastic bottles from being discarded per each 140-room hotel. By
restricting hotels from providing these small bottles used for personal
care products, the state will take another important step in combating
single use plastic pollution.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.
 
EFFECTIVE DATE:
This bill shall take effect January 1 2023

S5282A - Bill Text download pdf


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

                                 5282--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 23, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- 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

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.
                                                           LBD11287-03-9

S. 5282--A                          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.  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
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

S. 5282--A                          3

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
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-

S. 5282--A                          4

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.

Co-Sponsors

view additional co-sponsors

S5282B (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3007, En Con L; amd §92-s, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S543

S5282B (ACTIVE) - Summary

S5282B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5282b

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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 plastic bottle hospitality personal care products

 
PURPOSE:

This bill would reduce plastic pollution by restricting hotels from
providing certain small bottles used for hospitality personal care
products.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new section 27-3001 to the environ-
mental conservation law (ECL) to prohibit hotels from providing small
hospitality bottles used for personal care products like shampoo, condi-
tioner, lotion, and liquid soap. The requirement will be phased in over

2023 and 2024 for both larger and smaller hotels.

Section 2 of this bill amends state finance law describing all funds
collected from violations would be deposited into the environmental
protection fund.

Section 3 of this bill describes preemption.

Section 4 of this bill is the effective date.

 
JUSTIFICATION:

In 2017, the world produced 348 million tons of plastic. Of that, 40
percent was used to produce single-use plastic products.  Additionally,
scientists predict over 8 million metric tons of the plastic produced
fails to be recycled and ends up in our oceans every year. With such a
global epidemic at hand, it is apparent consumers and corporations alike
need to make an effort to use more sustainable alternatives.

One step that New York can take to reduce plastic waste is to prohibit
hotels from providing single-use small plastic bottles to customers.
These small bottles are both unnecessary and wasteful, especially in the
light of viable alternatives existing in the form of dispensers.
Dispensers are also proven to be more cost effective for hotels, along
with being less wasteful. Marriott International has already taken steps
to reduce plastic waste by replacing small toiletry bottles in their
guest bathrooms in select hotels with in-shower dispensers instead.
Marriott expects this will help eliminate more than 35 million small
plastic toiletry bottles annually and will save approximately 23,000
plastic bottles from being discarded per each 140-room hotel. By
restricting hotels from providing these small bottles used for personal
care products, the state will take another important step in combating
single use plastic pollution.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This bill shall take effect January 1 2023

S5282B (ACTIVE) - Bill Text download pdf


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

                                 5282--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 23, 2019
                               ___________

Introduced  by  Sens.  KAMINSKY,  ADDABBO,  CARLUCCI,  HOYLMAN, JACKSON,
  KAPLAN, KRUEGER, LIU, MAY, METZGER, SERRANO -- read twice and  ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental  Conservation  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the  Committee  on  Environmental  Conservation in accordance with
  Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
  committed  to  the  Committee  on  Rules -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 plastic bottle hospitality 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 31 to read as follows:
                                TITLE 31
   SMALL PLASTIC BOTTLE HOSPITALITY PERSONAL CARE PRODUCT RESTRICTIONS
SECTION 27-3101. DEFINITIONS.
        27-3103. SMALL   PLASTIC   BOTTLE   HOSPITALITY   PERSONAL  CARE
                   PRODUCTS.
        27-3105. VIOLATIONS.
        27-3107. PREEMPTION OF LOCAL LAW.
§ 27-3101. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11287-06-0

S. 5282--B                          2

  2. "HOSPITALITY PERSONAL CARE PRODUCT" MEANS A PRODUCT PROVIDED  BY  A
HOTEL  AND  INTENDED  TO  BE APPLIED TO OR USED ON THE HUMAN BODY OR ANY
PART THEREOF FOR CLEANSING, CONDITIONING, OR MOISTURIZING.   HOSPITALITY
PERSONAL  CARE  PRODUCT INCLUDES, BUT IS NOT LIMITED TO, SHAMPOO, CONDI-
TIONER, LOTION, AND LIQUID SOAP.
  3.  "SMALL  PLASTIC BOTTLE" MEANS A PLASTIC CONTAINER WITH LESS THAN A
TWELVE OUNCE CAPACITY THAT IS INTENDED TO BE  NON-REUSABLE  BY  THE  END
USER.
§ 27-3103. SMALL PLASTIC BOTTLE HOSPITALITY PERSONAL CARE PRODUCTS.
  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  ANY  SMALL
PLASTIC BOTTLE CONTAINING A HOSPITALITY PERSONAL CARE PRODUCT.
§ 27-3105. 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  IS 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 NINE-
TY-TWO-S OF THE STATE FINANCE LAW.
§ 27-3107. PREEMPTION OF LOCAL LAW.
  JURISDICTION  IN  ALL  MATTERS  PERTAINING  TO  RESTRICTIONS  ON   THE
PROVISION  OF SMALL PLASTIC BOTTLE HOSPITALITY PERSONAL CARE PRODUCTS IS
VESTED EXCLUSIVELY IN THE STATE.
  § 2. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
amended  by  section  3 of part PP of chapter 58 of the laws of 2020, 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

S. 5282--B                          3

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
sections 27-2805 and 27-2807 of the environmental conservation law,  all
moneys  collected  pursuant  to  section  71-2730  of  the environmental
conservation law, ALL  MONEYS  REQUIRED  TO  BE  DEPOSITED  PURSUANT  TO
SECTION  27-3105  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. This act shall take effect January 1, 2023.

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The New York State Senate

senate Bill S5282A

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Archive: Last Bill Status - Passed Senate

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Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Committee Vote: Jul 22, 2020

Jul 20, 2020 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jul 20, 2020

Bill Amendments

S5282 - Details

S5282 - Summary

S5282 - Sponsor Memo

S5282 - Bill Text download pdf

Co-Sponsors

S5282A - Details

S5282A - Summary

S5282A - Sponsor Memo

S5282A - Bill Text download pdf

Co-Sponsors

S5282B (ACTIVE) - Details

S5282B (ACTIVE) - Summary

S5282B (ACTIVE) - Sponsor Memo

S5282B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5282A

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Committee Vote: Jul 22, 2020

Jul 20, 2020 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jul 20, 2020

Bill Amendments

S5282 - Details

S5282 - Summary

S5282 - Sponsor Memo

S5282 - Bill Text download pdf

Co-Sponsors

S5282A - Details

S5282A - Summary

S5282A - Sponsor Memo

S5282A - Bill Text download pdf

Co-Sponsors

S5282B (ACTIVE) - Details

S5282B (ACTIVE) - Summary

S5282B (ACTIVE) - Sponsor Memo

S5282B (ACTIVE) - Bill Text download pdf

Comments