The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    543
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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 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 32 to read as follows:
                                 TITLE 32
    SMALL PLASTIC BOTTLE HOSPITALITY PERSONAL CARE PRODUCT RESTRICTIONS
 SECTION 27-3201. DEFINITIONS.
         27-3203. SMALL  PLASTIC   BOTTLE   HOSPITALITY   PERSONAL   CARE
                    PRODUCTS.
         27-3205. VIOLATIONS.
         27-3207. PREEMPTION OF LOCAL LAW.
 § 27-3201. 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.  "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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01035-02-1

 S. 543                              2
 
 § 27-3203. SMALL PLASTIC BOTTLE HOSPITALITY PERSONAL CARE PRODUCTS.
   EFFECTIVE  JANUARY FIRST, TWO THOUSAND TWENTY-FOUR FOR ALL HOTELS WITH
 FIFTY ROOMS OR MORE AND JANUARY FIRST, TWO THOUSAND TWENTY-FIVE FOR  ALL
 HOTELS  WITH  LESS THAN FIFTY ROOMS, A HOTEL SHALL NOT PROVIDE ANY SMALL
 PLASTIC BOTTLE CONTAINING A HOSPITALITY PERSONAL CARE PRODUCT.
 § 27-3205. 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.
 § 27-3207. 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
 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

 S. 543                              3
 
 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 27-3205 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, 2024.