Assembly Bill A3820

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3820
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. FAHY, SIMON, SEAWRIGHT -- read once and referred
   to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   sale of plastic trash bags
 
   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 34 to read as follows:
                                 TITLE 34
                     REGULATION OF PLASTIC TRASH BAGS
 SECTION 27-3401. DEFINITIONS.
         27-3403. REGULATION OF THE SALE OF PLASTIC TRASH BAGS.
         27-3405. LABELING REQUIREMENTS.
         27-3407. VIOLATIONS.
         27-3409. REGULATIONS.
 § 27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM,  ASSOCIATION,  PARTNER-
 SHIP,  OR  CORPORATION, WHICH MAKES PLASTIC TRASH BAGS TO BE USED IN THE
 DISPOSAL OF WASTE.
   2. "PLASTIC TRASH BAG" SHALL MEAN A BAG INTENDED TO  HOLD,  STORE,  OR
 TRANSPORT  MATERIALS  MEANT  TO  BE  DISCARDED,  COMPOSTED, OR RECYCLED,
 INCLUDING BUT NOT LIMITED TO GARBAGE BAGS, COMPOSTING BAGS,  YARD  BAGS,
 CAN-LINERS, AND RECYCLING BAGS.
   3.  "POST-CONSUMER  MATERIAL"  SHALL  MEAN THOSE PRODUCTS OR MATERIALS
 GENERATED BY A BUSINESS OR CONSUMER WHICH HAVE SERVED THEIR INTENDED END
 USE AS CONSUMER ITEMS AND WHICH HAVE BEEN SEPARATED OR DIVERTED FROM THE
 WASTE STREAM FOR THE PURPOSES OF COLLECTION AND RECYCLING AS A SECONDARY
 MATERIAL FEEDSTOCK.
   4. "RETAILER" SHALL MEAN ANY PERSON, FIRM OR CORPORATION THAT  ENGAGES
 IN THE SALE OF PLASTIC TRASH BAGS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03863-01-3
              

 A. 3820                             2
 
 § 27-3403. REGULATION OF THE SALE OF PLASTIC TRASH BAGS.
   EVERY PLASTIC TRASH BAG OFFERED FOR SALE OR SOLD BY A RETAILER IN THIS
 STATE  SHALL  CONTAIN, BY WEIGHT, AT LEAST THIRTY PERCENT RECYCLED POST-
 CONSUMER MATERIAL. THE DEPARTMENT MAY PROMULGATE RULES  AND  REGULATIONS
 REQUIRING  A  HIGHER  PERCENTAGE  OF  POST-CONSUMER MATERIAL CONTENT FOR
 PLASTIC TRASH BAGS.
 § 27-3405. LABELING REQUIREMENTS.
   EVERY PACKAGE OF PLASTIC TRASH  BAGS  SOLD  IN  THIS  STATE  SHALL  BE
 LABELED  BY  THE  MANUFACTURER  INDICATING  THE  POST-CONSUMER  MATERIAL
 CONTENT OF THE PLASTIC TRASH BAGS BY WEIGHT.
 § 27-3407. VIOLATIONS.
   1. ANY RETAILER FOUND TO BE IN VIOLATION OF THIS TITLE SHALL RECEIVE A
 WARNING NOTICE FOR THE FIRST VIOLATION. ANY  RETAILER  FOUND  TO  SUBSE-
 QUENTLY  BE  IN VIOLATION OF THIS TITLE SHALL BE SUBJECT TO A PENALTY OF
 FIVE HUNDRED DOLLARS PER VIOLATION.
   2. ANY MANUFACTURER FOUND IN VIOLATION OF THIS TITLE SHALL BE  SUBJECT
 TO A PENALTY OF FIVE HUNDRED DOLLARS PER VIOLATION.
   3.  NO  RETAILER  SHALL  BE  FOUND  IN VIOLATION OF THIS TITLE IF SUCH
 RETAILER IN GOOD FAITH RELIES  ON  THE  LABEL  AS  REQUIRED  BY  SECTION
 27-3405 OF THIS TITLE.
 § 27-3409. REGULATIONS.
   THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   § 2. This act shall take effect January 1, 2026.