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.

                            
 
                     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.