S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3914--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BURKE, FALL -- read once and referred to the
   Committee on Environmental Conservation -- 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
   establishing  standards and defining the terms biodegradable, degrada-
   ble, and decomposable
 
   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 32 to read as follows:
                                 TITLE 32
           BIODEGRADABLE, DEGRADABLE, AND DECOMPOSABLE PLASTICS
 SECTION 27-3201. DEFINITIONS.
         27-3203. ASTM STANDARD REVISION.
         27-3205. LABELING OF PLASTICS.
         27-3207. COMPOSTABLE PLASTIC BAGS.
         27-3209. ENVIRONMENTAL MARKETING INFORMATION.
         27-3211. CIVIL LIABILITY.
 § 27-3201. DEFINITIONS.
   1. "ASTM" SHALL MEAN THE AMERICAN SOCIETY FOR TESTING AND MATERIALS.
   2. "ASTM STANDARD" SHALL MEAN MEETING THE STANDARDS OF THE ASTM INTER-
 NATIONAL STANDARDS D6400, D6868 OR D7081 FOR BIODEGRADABLE AND COMPOSTA-
 BLE  PLASTICS AS THOSE STANDARDS MAY BE AMENDED BUT SHALL NOT INCLUDE AN
 ASTM STANDARD GUIDE, A STANDARD PRACTICE, OR A STANDARD TEST METHOD.
   3. "MANUFACTURER" SHALL MEAN A PERSON, FIRM, ASSOCIATION, PARTNERSHIP,
 OR CORPORATION THAT PRODUCES A PLASTIC PRODUCT.
   4. "OK HOME COMPOST" SHALL MEAN CONFORMITY WITH THE EXISTING  VINCOTTE
 CERTIFICATION  "OK  COMPOST  HOME CERTIFICATION" WHICH, AS OF JANUARY 1,
 2011, USES EUROPEAN  NORM  13432  STANDARD  ADAPTED  TO  LOW-TEMPERATURE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07458-02-1
              

 A. 3914--A                          2
 
 COMPOSTING  IN ACCORDANCE WITH THE VINCOTTE PROGRAM "OK 2-HOME COMPOSTA-
 BILITY OF PRODUCTS."
   5.  "PLASTIC  PRODUCT"  SHALL  MEAN A PRODUCT MADE OF PLASTIC, WHETHER
 ALONE OR IN COMBINATION WITH OTHER MATERIAL, INCLUDING, BUT NOT  LIMITED
 TO,  PAPERBOARD.  A PLASTIC PRODUCT INCLUDES, BUT IS NOT LIMITED TO, ANY
 OF THE FOLLOWING:
   (A) A PRODUCT OR PART OF A PRODUCT THAT IS USED, BOUGHT, OR LEASED FOR
 USE BY A PERSON FOR ANY PURPOSE;
   (B) A PACKAGE OR A PACKAGING COMPONENT;
   (C) A BAG, SACK, WRAP, OR OTHER THIN PLASTIC SHEET FILM PRODUCT; OR
   (D) A FOOD OR BEVERAGE CONTAINER OR A CONTAINER COMPONENT,  INCLUDING,
 BUT NOT LIMITED TO, A STRAW, LID, OR UTENSIL.
   6.  "SUPPLIER" SHALL MEAN A PERSON WHO DOES ONE OR MORE OF THE FOLLOW-
 ING:
   (A) SELLS, OFFERS FOR SALE, OR  OFFERS  FOR  PROMOTIONAL  PURPOSES,  A
 PLASTIC PRODUCT THAT IS USED.
   (B)  TAKES TITLE TO A PLASTIC PRODUCT, PRODUCED EITHER DOMESTICALLY OR
 IN A FOREIGN COUNTRY,  THAT  IS  PURCHASED  FOR  RESALE  OR  PROMOTIONAL
 PURPOSES.
   7.  "VINCOTTE  CERTIFICATION" SHALL MEAN A CERTIFICATION OF A EUROPEAN
 NORM STANDARD ADOPTED BY THE BELGIAN-ACCREDITED INSPECTION  AND  CERTIF-
 ICATION ORGANIZATION VINCOTTE.
   8.  "READILY  AND  EASILY IDENTIFIABLE" SHALL MEAN LABELING THAT MEETS
 BOTH OF THE FOLLOWING REQUIREMENTS:
   (A) LABELED WITH A CERTIFICATION LOGO INDICATING  THE  BAG  MEETS  THE
 ASTM D6400 STANDARD SPECIFICATION IF THE BAG HAS BEEN CERTIFIED AS MEET-
 ING THAT STANDARD BY A RECOGNIZED THIRD-PARTY INDEPENDENT VERIFICATION.
   (B) LABELED IN ACCORDANCE WITH ONE OF THE FOLLOWING:
   (I)  THE  BAG IS MADE OF A UNIFORM COLOR OF GREEN AND LABELED WITH THE
 WORD "COMPOSTABLE" ON ONE SIDE OF THE BAG, AND THE  LABEL  SHALL  BE  AT
 LEAST ONE INCH IN HEIGHT.
   (II)  LABELED WITH THE WORD "COMPOSTABLE" ON BOTH SIDES OF THE BAG AND
 THE LABEL SHALL BE ONE OF THE FOLLOWING:
   (A) GREEN COLOR LETTERING AT LEAST ONE INCH IN HEIGHT.
   (B) WITHIN A CONTRASTING GREEN COLOR BAND OF  AT  LEAST  ONE  INCH  IN
 HEIGHT  ON  BOTH SIDES OF THE BAG WITH COLOR CONTRASTING LETTERING OF AT
 LEAST ONE-HALF INCH IN HEIGHT.
   (C) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, IF THE BAG  IS
 SMALLER  THAN  14 INCHES BY 14 INCHES, THE LETTERING AND STRIPE SHALL BE
 IN PROPORTION TO THE SIZE OF THE BAG.
   9. "PLASTIC FOOD CONTAINER PRODUCT" SHALL MEAN A PRODUCT MADE OF PLAS-
 TIC THAT INCLUDES A TRAY, CLAMSHELL CONTAINER, OR OTHER  RECEPTACLE  AND
 THAT IS USED, OR INTENDED TO BE USED, TO HOLD FOOD.
 § 27-3203. ASTM STANDARD REVISION.
   1.  IF AN ASTM STANDARD SPECIFICATION IS REVISED, THE DEPARTMENT SHALL
 REVIEW THE NEW ASTM STANDARD SPECIFICATION AS FOLLOWS:
   (A) IF THE DEPARTMENT DETERMINES THAT THE NEW STANDARD, WHEN  COMPARED
 TO THE ASTM STANDARD SPECIFICATION PRIOR TO ITS REVISION, IS MORE STRIN-
 GENT  AND MORE PROTECTIVE OF PUBLIC HEALTH, PUBLIC SAFETY, AND THE ENVI-
 RONMENT, AND IS REFLECTIVE OF AND CONSISTENT  WITH  STATE  POLICIES  AND
 PROGRAMS, THE DEPARTMENT MAY ADOPT THE NEW STANDARD.
   (B)  IF THE DEPARTMENT DETERMINES THAT THE NEW STANDARD, WHEN COMPARED
 TO THE ASTM STANDARD SPECIFICATION PRIOR TO  ITS  REVISION,  IS  NOT  AS
 STRINGENT  AND  DOES  NOT  PROTECT PUBLIC HEALTH, PUBLIC SAFETY, AND THE
 ENVIRONMENT, AND IS NOT REFLECTIVE OF AND CONSISTENT WITH STATE POLICIES
 AND PROGRAMS, THE DEPARTMENT SHALL NOT ADOPT THE NEW STANDARD.

 A. 3914--A                          3
 
   2. IF THE ASTM, OR ANY OTHER ENTITY, DEVELOPS A NEW STANDARD  SPECIFI-
 CATION  OR  OTHER  APPLICABLE  STANDARD  FOR ANY OF THE TERMS PROHIBITED
 UNDER SUBDIVISION ONE OF SECTION 27-3205 OF THIS TITLE,  THE  DEPARTMENT
 MAY  REVIEW  THE NEW STANDARD AND, IF THE DEPARTMENT DETERMINES THAT THE
 NEW  STANDARD FOR THE PROHIBITED TERM, WHEN COMPARED TO THE CURRENT ASTM
 STANDARD IN EFFECT, IS MORE STRINGENT  AND  MORE  PROTECTIVE  OF  PUBLIC
 HEALTH,  PUBLIC  SAFETY,  AND  THE ENVIRONMENT, AND IS REFLECTIVE OF AND
 CONSISTENT WITH STATE POLICIES AND PROGRAMS, THE DEPARTMENT MAY  MAKE  A
 RECOMMENDATION TO THE LEGISLATURE.
   3.  THE  DEPARTMENT  MAY  ADOPT AN EXISTING STANDARD DIFFERENT FROM AN
 ADOPTED ASTM STANDARD SPECIFICATION IF ALL THE FOLLOWING CONDITIONS  ARE
 MET:
   (A)  THE  EXISTING STANDARD IS ADOPTED OR DEVELOPED BY A STANDARD-SET-
 TING ORGANIZATION RECOGNIZED  BY  THE  DEPARTMENT,  INCLUDING,  BUT  NOT
 LIMITED TO, THE ASTM OR ANOTHER SIMILAR ORGANIZATION.
   (B)  THE  EXISTING  STANDARD  ADDS  QUALIFICATIONS TO THE ADOPTED ASTM
 STANDARD SPECIFICATION, INCLUDING, BUT NOT LIMITED TO, HOME COMPOSTABLE.
   (C) THE DEPARTMENT DETERMINES  THAT  THE  EXISTING  STANDARD  IS  MORE
 STRINGENT  THAN  THE  ADOPTED ASTM STANDARD SPECIFICATION FOR WHICH THAT
 EXISTING STANDARD QUALIFIES.
   4. COMPLIANCE WITH A STANDARD ADOPTED PURSUANT TO THIS  SECTION  SHALL
 BE DEEMED TO BE IN COMPLIANCE WITH THIS TITLE.
 § 27-3205. LABELING OF PLASTICS.
   1.  (A)  EXCEPT  AS  PROVIDED  IN PARAGRAPH (C) OF THIS SUBDIVISION, A
 PERSON SHALL NOT SELL A PLASTIC PRODUCT THAT IS LABELED  WITH  THE  TERM
 "COMPOSTABLE," "HOME COMPOSTABLE," OR "MARINE DEGRADABLE" UNLESS, AT THE
 TIME  OF  SALE,  THE  PLASTIC PRODUCT MEETS THE APPLICABLE ASTM STANDARD
 SPECIFICATION OR THE VINCOTTE OK COMPOST HOME CERTIFICATION, AS PROVIDED
 IN PARAGRAPH (D) OF THIS SUBDIVISION.
   (B) COMPLIANCE WITH ONLY A SECTION OR A PORTION OF  A  SECTION  OF  AN
 APPLICABLE  ASTM  STANDARD  SPECIFICATION DOES NOT CONSTITUTE COMPLIANCE
 WITH PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION,  A  PERSON  MAY
 SELL A PLASTIC PRODUCT THAT IS LABELED WITH A QUALIFIED CLAIM FOR A TERM
 SPECIFIED  IN  PARAGRAPH (A) OF THIS SUBDIVISION, IF THE PLASTIC PRODUCT
 MEETS THE RELEVANT STANDARD ADOPTED BY THE DEPARTMENT.
   (D) A PLASTIC PRODUCT  SHALL  NOT  BE  LABELED  WITH  THE  TERM  "HOME
 COMPOSTABLE"  UNLESS  THE  MANUFACTURER  OF THAT PLASTIC PRODUCT HOLDS A
 VINCOTTE OK COMPOST HOME CERTIFICATE OF CONFORMITY WITH REGARD  TO  THAT
 PRODUCT, EXCEPT:
   (I)  NOTWITHSTANDING  PARAGRAPH  (A)  OF THIS SUBDIVISION, IF THE ASTM
 ADOPTS A STANDARD SPECIFICATION FOR THE TERM "HOME COMPOSTABLE" AND  THE
 DEPARTMENT  DETERMINES  THAT THE ASTM STANDARD SPECIFICATION IS AT LEAST
 EQUAL TO, OR MORE STRINGENT THAN, THE OK COMPOST HOME  CERTIFICATION,  A
 PLASTIC PRODUCT LABELED WITH THE TERM "HOME COMPOSTABLE" SHALL MEET THAT
 ASTM  STANDARD  SPECIFICATION.  THE DEPARTMENT MAY ALSO TAKE THE ACTIONS
 SPECIFIED IN SUBDIVISION THREE OF SECTION 27-3203  OF  THIS  TITLE  WITH
 REGARD TO AN ASTM STANDARD FOR HOME COMPOSTABILITY.
   (II) IF THE DEPARTMENT ADOPTS A STANDARD PURSUANT TO SUBDIVISION THREE
 OF  SECTION  27-3203  OF  THIS TITLE, A PLASTIC PRODUCT LABELED WITH THE
 TERM "HOME COMPOSTABLE" SHALL MEET THAT STANDARD.
   2. EXCEPT AS PROVIDED IN SUBDIVISION ONE, A PERSON SHALL  NOT  SELL  A
 PLASTIC PRODUCT THAT IS LABELED WITH THE TERM "BIODEGRADABLE," "DEGRADA-
 BLE," OR "DECOMPOSABLE," OR ANY FORM OF THOSE TERMS, OR IN ANY WAY IMPLY
 THAT  THE  PLASTIC  PRODUCT  WILL  BREAK  DOWN, FRAGMENT, BIODEGRADE, OR
 DECOMPOSE IN A LANDFILL OR OTHER ENVIRONMENT.

 A. 3914--A                          4
 
   3. A MANUFACTURER OR SUPPLIER, UPON THE REQUEST OF  A  MEMBER  OF  THE
 PUBLIC,  SHALL SUBMIT TO THAT MEMBER, WITHIN NINETY DAYS OF THE REQUEST,
 INFORMATION AND DOCUMENTATION DEMONSTRATING COMPLIANCE WITH THIS  TITLE,
 IN A FORMAT THAT IS EASY TO UNDERSTAND AND SCIENTIFICALLY ACCURATE.
   4.  A  PRODUCT THAT IS IN COMPLIANCE WITH THIS TITLE SHALL NOT, SOLELY
 AS A RESULT OF THAT COMPLIANCE, BE DEEMED TO BE IN COMPLIANCE  WITH  ANY
 OTHER  APPLICABLE  MARKETING  REQUIREMENT OR GUIDELINE ESTABLISHED UNDER
 STATE LAW OR BY THE FEDERAL TRADE COMMISSION.
 § 27-3207. COMPOSTABLE PLASTIC BAGS.
   1. A MANUFACTURER OF A COMPOSTABLE PLASTIC  BAG  MEETING  THE  ADOPTED
 ASTM  STANDARD  SPECIFICATION  SHALL ENSURE THAT THE COMPOSTABLE PLASTIC
 BAG IS READILY AND EASILY IDENTIFIABLE FROM  OTHER  PLASTIC  BAGS  IN  A
 MANNER  THAT  IS CONSISTENT WITH THE FEDERAL TRADE COMMISSION GUIDES FOR
 THE USE OF ENVIRONMENTAL MARKETING CLAIMS  (PART  260  (COMMENCING  WITH
 SECTION  260.1)  OF SUBCHAPTER B OF CHAPTER I OF TITLE 16 OF THE CODE OF
 FEDERAL REGULATIONS).
   2. A COMPOSTABLE PLASTIC BAG SOLD OR DISTRIBUTED SHALL NOT  DISPLAY  A
 CHASING  ARROW  RESIN IDENTIFICATION CODE OR RECYCLING TYPE OF SYMBOL IN
 ANY FORM.
   3. A MANUFACTURER IS REQUIRED TO COMPLY WITH THIS SECTION ONLY TO  THE
 EXTENT  THAT  THE LABELING REQUIREMENTS DO NOT CONFLICT WITH THE FEDERAL
 TRADE COMMISSION GUIDES FOR THE USE OF  ENVIRONMENTAL  MARKETING  CLAIMS
 (PART  260  (COMMENCING WITH SECTION 260.1) OF SUBCHAPTER B OF CHAPTER I
 OF TITLE 16 OF THE CODE OF FEDERAL REGULATIONS).
 § 27-3209. ENVIRONMENTAL MARKETING INFORMATION.
   1. A MANUFACTURER OR SUPPLIER MAKING AN ENVIRONMENTAL MARKETING  CLAIM
 RELATING  TO  THE  RECYCLED  CONTENT OF A PLASTIC FOOD CONTAINER PRODUCT
 SHALL MAINTAIN INFORMATION AND DOCUMENTATION, WHICH SHALL BE IN  WRITTEN
 FORM IN ITS RECORDS, OF BOTH OF THE FOLLOWING IN SUPPORT OF THAT CLAIM:
   (A) THE RECYCLED CONTENT FOR MATERIALS HAS BEEN RECOVERED OR OTHERWISE
 DIVERTED  FROM  THE  SOLID  WASTE STREAM EITHER DURING THE MANUFACTURING
 PROCESS OR AFTER CONSUMER USE.
   (B) THE RECYCLED CONTENT CLAIM CONFORMS TO THE UNIFORM  STANDARDS  FOR
 RECYCLED  CONTENT  CONTAINED  IN THE FEDERAL TRADE COMMISSION GUIDES FOR
 THE USE OF ENVIRONMENTAL MARKETING CLAIMS (16 C.F.R. PART 260).
   2. A MANUFACTURER  OR  SUPPLIER  SHALL  FURNISH  THE  INFORMATION  AND
 DOCUMENTATION  THAT  IT IS REQUIRED TO MAINTAIN PURSUANT TO THIS SECTION
 TO ANY MEMBER OF THE PUBLIC UPON REQUEST OR PROVIDE THE INFORMATION  AND
 DOCUMENTATION BY FURNISHING A LINK TO A DOCUMENT ON ITS WEBSITE CONTAIN-
 ING THE INFORMATION AND DOCUMENTATION.
   3.  THIS  SECTION DOES NOT LIMIT THE REQUIREMENTS OF THIS TITLE OR ANY
 OTHER PROVISION OF LAW.
 § 27-3211. CIVIL LIABILITY.
   1. ANY MUNICIPALITY OR THE STATE MAY IMPOSE  CIVIL  LIABILITY  IN  THE
 AMOUNT  OF  FIVE  HUNDRED DOLLARS FOR THE FIRST VIOLATION OF THIS TITLE,
 ONE THOUSAND DOLLARS FOR THE SECOND VIOLATION, AND TWO THOUSAND  DOLLARS
 FOR THE THIRD AND ANY SUBSEQUENT VIOLATION.
   2.  ANY  CIVIL PENALTIES COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL BE PAID TO THE TOWN, VILLAGE, CITY, DISTRICT ATTORNEY,  OR
 ATTORNEY  GENERAL,  WHICHEVER  OFFICE  BROUGHT THE ACTION. THE PENALTIES
 COLLECTED PURSUANT TO THIS  SECTION  BY  THE  ATTORNEY  GENERAL  MAY  BE
 EXPENDED BY THE ATTORNEY GENERAL, UPON APPROPRIATION BY THE LEGISLATURE,
 TO ENFORCE THIS TITLE.
   3.  THE  REMEDIES  PROVIDED BY THIS SECTION SHALL NOT BE EXCLUSIVE AND
 ARE IN ADDITION TO THE REMEDIES THAT MAY BE AVAILABLE PURSUANT TO  CHAP-

 A. 3914--A                          5
 
 TER  5  (COMMENCING  WITH  SECTION 17200) OF PART 2 OF DIVISION 7 OF THE
 BUSINESS AND PROFESSIONS CODE.
   4.  THE COSTS INCURRED IN CARRYING OUT THIS TITLE SHALL BE RECOVERABLE
 BY THE ATTORNEY GENERAL, UPON THE REQUEST OF THE  DEPARTMENT,  FROM  THE
 LIABLE PERSON OR PERSONS.
   §  2. This act shall take effect one year 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
 effective date.