The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10661
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Epstein) --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting the distribution of plastic garment bags
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1 and 4 of section  27-2801  of  the  environ-
 mental  conservation  law, as added by section 2 of part H of chapter 58
 of the laws of 2019, are amended to read as follows:
   1. "Exempt bag" means a bag:  (a)  used  solely  to  contain  or  wrap
 uncooked  meat,  fish, or poultry; (b) bags used by a customer solely to
 package bulk items such as fruits, vegetables,  grains,  or  candy;  (c)
 bags  used  solely to contain food sliced or prepared to order; (d) bags
 used solely to contain a newspaper for delivery  to  a  subscriber;  (e)
 bags  sold  in  bulk to a consumer at the point of sale; (f) trash bags;
 (g) food storage bags; (h) [garment bags; (i)] bags prepackaged for sale
 to a customer; [(j)] (I) plastic carryout bags provided by a restaurant,
 tavern or similar food service establishment, as defined  in  the  state
 sanitary  code,  to carryout or deliver food; or [(k)] (J) bags provided
 by a pharmacy to carry prescription drugs.
   4. "Reusable bag" means a bag: (a) made  of  cloth  or  other  machine
 washable fabric [that has] WITH OR WITHOUT handles; or (b) a durable bag
 with  OR  WITHOUT handles that is specifically designed and manufactured
 for multiple reuse.
   § 2. Subdivision 1 of section 27-2803 of the  environmental  conserva-
 tion  law,  as added by section 2 of part H of chapter 58 of the laws of
 2019, is amended to read as follows:
   1. No person required to collect  tax  shall  distribute  any  plastic
 carryout  bags  to  its  customers  unless  such bags are exempt bags as
 defined in subdivision one of section 27-2801 of this  title;  PROVIDED,
 HOWEVER,  AFTER  THE  EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO
 THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION, A  RETAILER  MAY  USE
 AND  A  MANUFACTURER  MAY  SELL ITS CURRENT INVENTORY OF PLASTIC GARMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16067-02-2

 A. 10661                            2
 
 BAGS UNTIL SUCH BAGS ARE OUT OF STOCK.  NO  RETAILER  SHALL  IMPORT  ANY
 PLASTIC GARMENT BAG FROM OUT OF STATE.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.