NY State Senate Bill 2021-S1505A

Senate Bill S1505A

2021-2022 Legislative Session

Relates to prohibitions on single-use plastic straws and stirrers in restaurants

download bill text pdf

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2022	print number 1505a
Mar 09, 2022	amend and recommit to environmental conservation
Jan 05, 2022	referred to environmental conservation
Jan 12, 2021	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S1505 - Details

See Assembly Version of this Bill:: A207
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 33 §§27-3301 - 27-3305, En Con L; add §399-tt, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S1505, A207

2021-S1505 - Summary

Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer; prohibits single-use plastic stirrers.

2021-S1505 - Sponsor Memo

                                
 
BILL NUMBER: S1505

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law and the general busi-
ness law, in relation to prohibitions on single-use plastic straws and
stirrers in restaurants

 
PURPOSE:

This bill will reduce plastic pollution by prohibiting bars and restau-
rants from providing single-use plastic straws unless requested by the
customer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends article 27 of the environmental conservation law by
adding a new title 30.

Section two amends the general business law by adding a new section

399-tt.

Section three sets forth the effective date.

 
JUSTIFICATION:

According to the United States National Park Service, Americans use 500
million plastic drinking straws each day. A majority of these straws
come from restaurants and other food service establishments where it is
common for a single-use plastic straw to be provided with each beverage
served. Plastic straws and plastic beverage stirrers are quickly
disposed of and end up in our landfills and waterways, where they are
often ingested by land and marine animals.

Plastic straws and stirrers, typically made of a material called poly-
propylene, may break down into smaller pieces over long periods of time,
but never completely biodegrade. It is said that nearly every plastic
straw ever used still exists in some form. While some plastics are able
to be recycled, plastic straws and stirrers are too small to be proc-
essed by recycling equipment.

By prohibiting restaurants from habitually handing out straws with every
beverage served and switching over to a straws "upon request only"
system, these establishments will be able to markedly reduce the number
of straws and stirrers that end up in landfills and waterways each year,
creating a cleaner and safer environment for humans and animals alike.

Further, this legislation will also prohibit restaurants from providing
plastic stirrers, instead requiring that they use wood, paper or other
compostable materials.

 
LEGISLATIVE HISTORY:

S.1477-A of 2020 (Hoylman): Died in Environmental Conservation
A.0090-A of 2020 (Rosenthal L): Died in Codes
S.1477 of 2019-2020 (Hoylman): Amended (T) and Recommitted to Environ-
mental Conservation
A.0090 of 2019-2020 (Rosenthal L): Amended (T) and Recommitted to Codes
S.1477 of 2019 (Hoylman): Died in Environmental Conservation
S.8726-8 of 2017-2018(Hoylman): Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect in 120 days.

2021-S1505 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1505
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, KRUEGER, SALAZAR, SERRANO -- 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 general busi-
   ness law, in relation to prohibitions on single-use plastic straws and
   stirrers in restaurants

   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
                  PLASTIC STRAW AND STIRRER RESTRICTIONS
 SECTION 27-3101. DEFINITIONS.
         27-3103. SINGLE-USE PLASTIC STRAWS AND STIRRERS.
         27-3105. ENFORCEMENT.
 § 27-3101. DEFINITIONS.
   FOR  THE PURPOSES OF THIS TITLE, "RESTAURANT" MEANS ANY DINER OR OTHER
 EATING OR BEVERAGE ESTABLISHMENT, WHICH OFFERS FOR SALE FOOD OR BEVERAG-
 ES TO THE PUBLIC,  GUESTS,  MEMBERS,  OR  PATRONS,  WHETHER  CONSUMPTION
 OCCURS ON OR OFF THE PREMISES.
 § 27-3103. SINGLE-USE PLASTIC STRAWS AND STIRRERS.
   1.  (A)  RESTAURANTS  SHALL  ONLY PROVIDE SINGLE-USE PLASTIC STRAWS TO
 CUSTOMERS WHEN EXPLICITLY REQUESTED BY THE CUSTOMER.
   (B) NO INQUIRY INTO THE REASON FOR THE REQUEST  SHALL  BE  MADE  BY  A
 RESTAURANT  OR  ANY OF ITS EMPLOYEES IN CARRYING OUT THE REQUEST AUTHOR-
 IZED BY PARAGRAPH (A) OF THIS SUBDIVISION.
   2. RESTAURANTS ARE PROHIBITED FROM PROVIDING CUSTOMERS WITH SINGLE-USE
 PLASTIC STIRRERS.
   3. (A) NOTHING IN  THIS  SECTION  SHALL  PRECLUDE  A  RESTAURANT  FROM
 PROVIDING  CUSTOMERS  WITH NON-PLASTIC STRAWS OR STIRRERS AS AN ALTERNA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00359-02-1

 S. 1505                             2
 
 TIVE TO SINGLE-USE PLASTIC  STRAWS  AND  STIRRERS,  INCLUDING,  BUT  NOT
 LIMITED  TO,  STRAWS AND/OR STIRRERS MADE FROM PAPER, SUGAR CANE, BAMBOO
 OR COMPOSTABLE MATERIALS.
   (B) RESTAURANTS THAT PROVIDE COMPOSTABLE STRAWS OR STIRRERS TO CUSTOM-
 ERS ARE REQUIRED TO HAVE ACCESS TO CURBSIDE COLLECTION OF FOOD WASTE FOR
 COMPOSTING.
   4.  SINGLE-USE  PLASTIC  STRAWS  PROVIDED BY A RESTAURANT, PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, SHALL NOT BE  INDIVIDUALLY  WRAPPED  IN
 PLASTIC,  EXCEPT  FOR  PREPACKAGED  INDIVIDUAL SERVING BEVERAGES WHERE A
 PLASTIC STRAW IS INCLUDED IN THE PACKAGING.
 § 27-3105. ENFORCEMENT.
   EVERY LOCAL DEPARTMENT OF HEALTH SHALL  ENSURE  COMPLIANCE  WITH  THIS
 TITLE AS PART OF AN INSPECTION OF A FOOD PLACE PURSUANT TO SECTION THIR-
 TEEN  HUNDRED  FIFTY-ONE OF THE PUBLIC HEALTH LAW, THE PROVISIONS OF THE
 SANITARY CODE AND PROVISIONS OF LOCAL ORDINANCES OR  REGULATIONS.    ANY
 ESTABLISHMENT  THAT  VIOLATES  THIS  TITLE  SHALL  BE LIABLE FOR A CIVIL
 PENALTY IN THE AMOUNT OF TWO HUNDRED DOLLARS FOR  THE  FIRST  VIOLATION,
 THREE  HUNDRED DOLLARS FOR THE SECOND VIOLATION COMMITTED ON A DIFFERENT
 DAY WITHIN A PERIOD OF TWELVE MONTHS, AND FIVE HUNDRED DOLLARS  FOR  THE
 THIRD AND EACH SUBSEQUENT VIOLATION COMMITTED ON DIFFERENT DAYS WITHIN A
 PERIOD  OF  TWELVE  MONTHS,  EXCEPT  THAT THE LOCAL DEPARTMENT OF HEALTH
 SHALL NOT ISSUE A NOTICE OF VIOLATION, BUT SHALL  ISSUE  A  WARNING  AND
 PROVIDE  INFORMATION  ON COMPLIANCE WITH SUCH SECTION, FOR ANY VIOLATION
 THAT OCCURS WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   § 2. The general business law is amended by adding a new section  399-
 tt to read as follows:
   §  399-TT.  SINGLE-USE  PLASTIC STRAWS. RESTAURANTS SHALL ONLY PROVIDE
 SINGLE-USE PLASTIC STRAWS TO CUSTOMERS WHERE EXPLICITLY REQUESTED BY THE
 CUSTOMER PURSUANT TO TITLE THIRTY-ONE OF  ARTICLE  TWENTY-SEVEN  OF  THE
 ENVIRONMENTAL CONSERVATION LAW.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2021-S1505A (ACTIVE) - Details

See Assembly Version of this Bill:: A207
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 33 §§27-3301 - 27-3305, En Con L; add §399-tt, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S1505, A207

2021-S1505A (ACTIVE) - Summary

Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer; prohibits single-use plastic stirrers.

2021-S1505A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1505A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law and the general busi-
ness law, in relation to prohibitions on single-use plastic straws and
stirrers in restaurants

 
PURPOSE:

This bill will reduce plastic pollution by prohibiting bars and restau-
rants from providing single-use plastic straws unless explicitly
requested by the customer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends article 27 of the environmental conservation law by
adding a new title 33.

Section two amends the general business law by adding a new section
399-tt.

Section three sets forth the effective date.

 
JUSTIFICATION:

According to the United States National Park Service, Americans use 500
million plastic drinking straws each day. A majority of these straws
come from restaurants and other food service establishments where it is
common for a single-use plastic straw to be provided with each beverage
served. Plastic straws and plastic beverage stirrers are quickly
disposed of and end up in our landfills and waterways, where they are
often ingested by land and marine animals.

Plastic straws and stirrers, typically made of a material called poly-
propylene, may break down into smaller pieces over long periods of time,
but never completely biodegrade. It is said that nearly every plastic
straw ever used still exists in some form. While some plastics are able
to be recycled, plastic straws and stirrers are too small to be proc-
essed by recycling equipment.

By prohibiting restaurants from habitually handing out straws with every
beverage served and switching over to a straws "upon request only"
system, these establishments will be able to markedly reduce the number
of straws and stirrers that end up in landfills and waterways each year,
creating a cleaner and safer environment for humans and animals alike.
Further, this legislation will also prohibit restaurants from providing
plastic stirrers, instead requiring that they use wood, paper or other
compostable materials.

 
LEGISLATIVE HISTORY:

S.1477-A of 2020 (Hoylman): Died in Environmental Conservation

A.0090-A of 2020 (Rosenthal.L): Died in Codes

S.1477 of 2019-2020 (Hoylman): Amended (T) and Recommitted to Environ-
mental Conservation
A.0090 of 2019-2020 (Rosenthal L): Amended (T) and Recommitted to Codes

S.1477 of 2019 (Hoylman): Died in Environmental Conservation

S.8726-8 of 2017-2018(Hoylman): Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect in 120 days.

2021-S1505A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1505--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, BIAGGI, KRUEGER, SALAZAR, SEPULVEDA, SERRA-
   NO -- read twice and ordered printed, and when printed to be committed
   to  the  Committee on Environmental Conservation -- recommitted to the
   Committee on Environmental Conservation in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the environmental conservation law and the general busi-
   ness law, in relation to prohibitions on single-use plastic straws and
   stirrers in restaurants
 
   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 33 to read as follows:
 
                                 TITLE 33
                  PLASTIC STRAW AND STIRRER RESTRICTIONS
 SECTION 27-3301. DEFINITIONS.
         27-3303. SINGLE-USE PLASTIC STRAWS AND STIRRERS.
         27-3305. ENFORCEMENT.
 § 27-3301. DEFINITIONS.
   FOR THE PURPOSES OF THIS TITLE, "RESTAURANT" MEANS ANY DINER OR  OTHER
 EATING OR BEVERAGE ESTABLISHMENT, WHICH OFFERS FOR SALE FOOD OR BEVERAG-
 ES  TO  THE  PUBLIC,  GUESTS,  MEMBERS,  OR PATRONS, WHETHER CONSUMPTION
 OCCURS ON OR OFF THE PREMISES.
 § 27-3303. SINGLE-USE PLASTIC STRAWS AND STIRRERS.
   1. (A) RESTAURANTS MAY NOT PROVIDE SINGLE-USE  PLASTIC  STRAWS  UNLESS
 EXPLICITLY REQUESTED BY THE CUSTOMER.
   (B)  NO  INQUIRY  INTO  THE  REASON FOR THE REQUEST SHALL BE MADE BY A
 RESTAURANT OR ANY OF ITS EMPLOYEES IN CARRYING OUT THE  REQUEST  AUTHOR-
 IZED BY PARAGRAPH (A) OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00359-06-2
 S. 1505--A                          2

 
   2. RESTAURANTS ARE PROHIBITED FROM PROVIDING CUSTOMERS WITH SINGLE-USE
 PLASTIC STIRRERS.
   3.  (A)  NOTHING  IN  THIS  SECTION  SHALL  PRECLUDE A RESTAURANT FROM
 PROVIDING CUSTOMERS WITH NON-PLASTIC STRAWS OR STIRRERS AS  AN  ALTERNA-
 TIVE  TO  SINGLE-USE  PLASTIC  STRAWS  AND  STIRRERS, INCLUDING, BUT NOT
 LIMITED TO, STRAWS AND/OR STIRRERS MADE FROM PAPER, SUGAR  CANE,  BAMBOO
 OR COMPOSTABLE MATERIALS.
   (B) RESTAURANTS THAT PROVIDE COMPOSTABLE STRAWS OR STIRRERS TO CUSTOM-
 ERS ARE REQUIRED TO HAVE ACCESS TO CURBSIDE COLLECTION OF FOOD WASTE FOR
 COMPOSTING.
   4.  SINGLE-USE  PLASTIC  STRAWS  PROVIDED BY A RESTAURANT, PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, SHALL NOT BE  INDIVIDUALLY  WRAPPED  IN
 PLASTIC,  EXCEPT  FOR  PREPACKAGED  INDIVIDUAL SERVING BEVERAGES WHERE A
 PLASTIC STRAW IS INCLUDED IN THE PACKAGING.
 § 27-3305. ENFORCEMENT.
   EVERY LOCAL DEPARTMENT OF HEALTH SHALL  ENSURE  COMPLIANCE  WITH  THIS
 TITLE AS PART OF AN INSPECTION OF A FOOD PLACE PURSUANT TO SECTION THIR-
 TEEN  HUNDRED  FIFTY-ONE OF THE PUBLIC HEALTH LAW, THE PROVISIONS OF THE
 SANITARY CODE AND PROVISIONS OF LOCAL ORDINANCES OR  REGULATIONS.    ANY
 ESTABLISHMENT  THAT  VIOLATES  THIS  TITLE  SHALL  BE LIABLE FOR A CIVIL
 PENALTY IN THE AMOUNT OF TWO HUNDRED DOLLARS FOR  THE  FIRST  VIOLATION,
 THREE  HUNDRED DOLLARS FOR THE SECOND VIOLATION COMMITTED ON A DIFFERENT
 DAY WITHIN A PERIOD OF TWELVE MONTHS, AND FIVE HUNDRED DOLLARS  FOR  THE
 THIRD AND EACH SUBSEQUENT VIOLATION COMMITTED ON DIFFERENT DAYS WITHIN A
 PERIOD  OF  TWELVE  MONTHS,  EXCEPT  THAT THE LOCAL DEPARTMENT OF HEALTH
 SHALL NOT ISSUE A NOTICE OF VIOLATION, BUT SHALL  ISSUE  A  WARNING  AND
 PROVIDE  INFORMATION  ON COMPLIANCE WITH SUCH SECTION, FOR ANY VIOLATION
 THAT OCCURS WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   § 2. The general business law is amended by adding a new section  399-
 tt to read as follows:
   §  399-TT.  SINGLE-USE  PLASTIC  STRAWS.  RESTAURANTS MAY ONLY PROVIDE
 SINGLE-USE PLASTIC STRAWS TO CUSTOMERS WHERE EXPLICITLY REQUESTED BY THE
 CUSTOMER PURSUANT TO TITLE THIRTY-THREE OF ARTICLE TWENTY-SEVEN  OF  THE
 ENVIRONMENTAL CONSERVATION LAW.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1505A

Share this bill

Sponsored By

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

Bill Amendments

co-Sponsors

2021-S1505 - Details

2021-S1505 - Summary

2021-S1505 - Sponsor Memo

2021-S1505 - Bill Text download pdf

co-Sponsors

2021-S1505A (ACTIVE) - Details

2021-S1505A (ACTIVE) - Summary

2021-S1505A (ACTIVE) - Sponsor Memo

2021-S1505A (ACTIVE) - Bill Text download pdf

Comments