NY State Senate Bill 2023-S2981

Senate Bill S2981

2023-2024 Legislative Session

Relates to prohibiting the sale or manufacture of certain single-use plastic water bottles and single-use plastic beverage containers

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Jan 26, 2023	referred to environmental conservation

2023-S2981 (ACTIVE) - Details

See Assembly Version of this Bill:: A6990
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 34 §§27-3401 - 27-3409, En Con L; add §1352-f, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S6719

2023-S2981 (ACTIVE) - Summary

Relates to prohibiting the sale or manufacture of single-use plastic water bottles not comprised of one hundred percent recycled material; prohibits the sale of single-use plastic beverage containers comprised of less than seventy-five percent recycled materials; establishes penalties for violations; requires food service establishments to provide customers with tap water, beverages and leftovers in reusable beverage containers provided by a customer.

2023-S2981 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2981

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale or manufacture of single-use plastic water bottles
comprised of less than one hundred percent recycled materials and to
prohibiting the sale of single-use plastic beverage containers comprised
of less than seventy-five percent recycled materials; and to amend the
public health law, in relation to requiring food service establishments
to provide tap water, beverages and leftovers to customers in reusable
containers, upon request

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit the sale of plastic water bottles made from
less than 100% recycled materials and other single-use plastic contain-
ers made from less than 75% recycled materials. This bill would also
prohibit restaurants from refusing to provide tap water, beverages, and
leftover food upon request in a reusable container supplied by the
customer, rather than a disposable or single-use container supplied by
the restaurant, provided the container is suitable.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds Title 32 to the environmental conservation
law regarding with plastic water bottles and beverage containers.

Section 27-3201 mandates the commissioner of health conduct an infras-
tructure assessment studying the usage of single use plastic water
bottles and the availability of public drinking water filling stations
in the state.

Section 27-3203 prohibits the use of state funds for single-use plastic
water bottles starting one year after the bill takes effect.

Section 27-3205 provides that beginning five years from the effective
date, no person, firm, association, LLC or corporation shall manufac-
ture, sell or offer for sale any single use plastic water bottle
comprised of less than 100% recycled material to any person in the
state.

Section 27-3007 provides that beginning five years from the effective
date, no deposit initiator, distributor or dealer shall sell or offer
for sale, at wholesale or retail in New York, any single-use plastic
beverage container that is comprised of less than 75% recycled materi-
als.

Section 27-3009 provides for the enforcement of provisions of parts 3005
and 3007 of this section. This section enumerates a schedule of fines
for subsequent violations. This section also provides for a one year
'grace period' where a first violation will be issued as a warning.

Section two of the bill amends the public health law by adding a new
Section 1352-f.

Section 1352-f of the public health law would require food service
establishments to serve tap water, beverages, and leftover food upon
request to a customer with a reusable container provided by the costum-
er, as opposed to a disposable or single-use container provided by the
restaurant. The food and beverage containers must be appropriate for
serving based on size, cleanliness, material, or other factors.

Section three of the bill sets forth the effective date.

 
JUSTIFICATION:

In the United States, only 9% of single use plastic containers are ever
recycled. This legislation addresses this problem by creating a new
market for recycled materials while at the same time requiring that the
bottles we use are created more sustainably. Approximately 8% of global
petroleum emissions come from plastic production; by reducing the need
for plastic production, this legislation will curtail emissions and
create new business opportunities for New Yorkers.

Further, more than 1 million single use plastic water bottles are bought
every minute. This proliferation of single-use plastic water bottles
continues to degrade the quality of New York's environment.  Nationwide,
more than 77% of plastic water bottles are never recycled, which is
especially troubling given that plastic water bottles can take between
450-1000 years to dissolve completely. The production of plastic water
bottles alone requires 17 million barrels of oil each year globally,
releasing 2.5 million tons of carbon dioxide each year. This cycle caus-
es plastic production to account for about 8% of petroleum emissions.

This legislation also recognizes that the availability of water for sale
is not the same thing as accessibility to water by mandating any food
establishment provide free tap water on request. This provides the
compound benefit of reducing New York's plastic consumption while enabl-
ing New Yorkers to more easily choose water over sugary drinks.  New
York's ambitious climate goals must take plastic production and
pollution into account, this bill sets bold standards to dramatically
curb our plastic pollution output.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S6719 (Kavanagh) - ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2023-S2981 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2981
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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,  in  relation  to
   prohibiting  the  sale  or  manufacture  of  single-use  plastic water
   bottles comprised of less than one hundred percent recycled  materials
   and  to prohibiting the sale of single-use plastic beverage containers
   comprised of less than seventy-five percent recycled materials; and to
   amend the public health law, in relation  to  requiring  food  service
   establishments  to  provide  tap  water,  beverages  and  leftovers to
   customers in reusable containers, upon request
 
   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
               PLASTIC WATER BOTTLES AND BEVERAGE CONTAINERS
 SECTION 27-3401. INFRASTRUCTURE ASSESSMENT.
         27-3403. STATE FUNDS FOR SINGLE-USE PLASTIC WATER BOTTLES.
         27-3405. SINGLE-USE  PLASTIC  WATER  BOTTLES  COMPRISED  OF  ONE
                    HUNDRED PERCENT RECYCLED MATERIAL.
         27-3407. OTHER SINGLE-USE PLASTIC BEVERAGE CONTAINERS  COMPRISED
                    OF SEVENTY-FIVE PERCENT RECYCLED MATERIALS.
         27-3409. ENFORCEMENT.
 § 27-3401. INFRASTRUCTURE ASSESSMENT.
   1.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 IS HEREBY AUTHORIZED  AND  DIRECTED  TO  CONDUCT  A  STUDY  RELATING  TO
 SINGLE-USE PLASTIC WATER BOTTLES, INCLUDING BUT NOT LIMITED TO:
   (A) THE AVAILABILITY AND DISTRIBUTION OF PUBLIC DRINKING WATER FILLING
 STATIONS AND WATER FOUNTAINS ACROSS THE STATE; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07234-01-3
 S. 2981                             2

   (B)  THE ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS OF SINGLE-USE PLASTIC
 BOTTLED  WATER  IN  NEW  YORK  STATE,  INCLUDING  ENVIRONMENTAL  JUSTICE
 IMPACTS.
   2.  THE  COMMISSIONER  SHALL SUBMIT A REPORT INCLUDING RECOMMENDATIONS
 AND FINDINGS BASED ON THIS STUDY TO THE GOVERNOR, THE  TEMPORARY  PRESI-
 DENT  OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF THE
 SENATE AND ASSEMBLY STANDING COMMITTEES ON HEALTH AND THE CHAIRS OF  THE
 SENATE AND ASSEMBLY STANDING COMMITTEES ON ENVIRONMENTAL CONSERVATION NO
 LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
 § 27-3403. STATE FUNDS FOR SINGLE-USE PLASTIC WATER BOTTLES.
   BEGINNING ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION, THE USE OF
 STATE  FUNDS  FOR THE PURCHASE OF SINGLE-USE PLASTIC WATER BOTTLES SHALL
 BE PROHIBITED.  WATER BOTTLES, INCLUDING THOSE COMPRISED  OF  LESS  THAN
 ONE HUNDRED PERCENT RECYCLED MATERIAL, MAY BE PURCHASED WHEN:
   1.  NECESSARY TO ADDRESS HEALTH REQUIREMENTS UNDER THE FOLLOWING EMER-
 GENCIES:
   (A) A STATE OF EMERGENCY HAS BEEN DECLARED;
   (B) A BOIL WATER ADVISORY HAS BEEN ISSUED;
   (C) ACCESS TO DRINKING WATER IS BEING IMPEDED  DUE  TO  A  FAILURE  OF
 RELATED  INFRASTRUCTURE  OR  AN ONGOING WATER INFRASTRUCTURE IMPROVEMENT
 PROJECT;
   (D) A WATER UTILITY HAS REPORTED EMERGENCY CONDITIONS OR OTHER  PUBLIC
 HEALTH HAZARDS; OR
   (E)  THERE  HAS  BEEN  AN EXCEEDANCE OF A MAXIMUM CONTAMINANT LEVEL OR
 ADVISORY LEVEL FOR A CONTAMINANT OR AN EMERGING CONTAMINANT; AND
   2. COMPLIANCE WITH THIS TITLE WOULD CONFLICT  WITH  CONTRACT  REQUIRE-
 MENTS IN EXISTENCE AS OF THE EFFECTIVE DATE OF THIS TITLE.
 § 27-3405. SINGLE-USE  PLASTIC  WATER  BOTTLES  COMPRISED OF ONE HUNDRED
              PERCENT RECYCLED MATERIAL.
   1. BEGINNING FIVE YEARS FROM THE EFFECTIVE DATE OF  THIS  SECTION,  NO
 PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY COMPANY OR
 CORPORATION SHALL MANUFACTURE, SELL, OR OFFER FOR  SALE  ANY  SINGLE-USE
 PLASTIC  WATER  BOTTLES  TO  ANY  PERSON  IN THE STATE UNLESS SUCH WATER
 BOTTLES ARE COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIALS.
   2. A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY
 OR CORPORATION WHICH MANUFACTURES  OR  SELLS  SINGLE-USE  PLASTIC  WATER
 BOTTLES  MAY  APPLY  TO  THE  DEPARTMENT  FOR A ONE-YEAR WAIVER FROM THE
 REQUIREMENTS OF THIS SECTION, UPON SUCH PROOF THAT SUCH PERSON OR ENTITY
 IS UNABLE TO COMPLY WITH THE REQUIREMENTS OF THIS  SECTION.  THEREAFTER,
 SUCH PERSON OR ENTITY MAY APPLY FOR ADDITIONAL ONE-YEAR WAIVERS UPON THE
 SATISFACTION OF SUCH SIMILAR PROOF.
   3.  THE REQUIREMENTS OF THIS SECTION SHALL BE SUSPENDED IN ANY COUNTY,
 CITY, TOWN OR VILLAGE WHERE:
   (A) A STATE OF EMERGENCY HAS BEEN DECLARED;
   (B) A BOIL WATER ADVISORY HAS BEEN ISSUED;
   (C) ACCESS TO DRINKING WATER IS BEING IMPEDED  DUE  TO  A  FAILURE  OF
 RELATED  INFRASTRUCTURE  OR  AN ONGOING WATER INFRASTRUCTURE IMPROVEMENT
 PROJECT;
   (D) A WATER UTILITY HAS REPORTED EMERGENCY CONDITIONS OR OTHER  PUBLIC
 HEALTH HAZARDS; OR
   (E)  THERE  HAS  BEEN  AN EXCEEDANCE OF A MAXIMUM CONTAMINANT LEVEL OR
 ADVISORY LEVEL FOR A CONTAMINANT OR AN EMERGING CONTAMINANT.
 § 27-3407. OTHER SINGLE-USE PLASTIC  BEVERAGE  CONTAINERS  COMPRISED  OF
              SEVENTY-FIVE PERCENT RECYCLED MATERIALS.
   1.  BEGINNING  FIVE  YEARS FROM THE EFFECTIVE DATE OF THIS SECTION, NO
 DEPOSIT INITIATOR, DISTRIBUTOR OR DEALER SHALL SELL OR OFFER  FOR  SALE,
 S. 2981                             3
 
 AT  WHOLESALE  OR  RETAIL IN THIS STATE, ANY SINGLE-USE PLASTIC BEVERAGE
 CONTAINER THAT IS COMPRISED OF LESS THAN SEVENTY-FIVE  PERCENT  RECYCLED
 MATERIALS.
   2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "SINGLE-USE PLASTIC BEVERAGE CONTAINER" SHALL MEAN ANY INDIVIDUAL
 BOTTLE, CAN, JAR, CARTON OR OTHER CONTAINER THAT IS COMPRISED WHOLLY  OR
 IN  LARGE  PART  OF  PLASTIC AND IS INTENDED TO BE DISPOSED OF AFTER ONE
 USE.
   (B) "RECYCLED MATERIALS" SHALL MEAN ANY PRODUCT WHICH HAS  BEEN  MANU-
 FACTURED FROM SECONDARY MATERIALS, AS DEFINED IN SECTION 27-0401 OF THIS
 ARTICLE.
 § 27-3409. ENFORCEMENT.
   ANY  PERSON  OR ENTITY WHO VIOLATES SECTION 27-3405 OR SECTION 27-3407
 OF THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT  OF  ONE
 HUNDRED  DOLLARS  FOR  THE  FIRST VIOLATION, TWO HUNDRED DOLLARS FOR THE
 SECOND VIOLATION COMMITTED ON A DIFFERENT DAY WITHIN A PERIOD OF  TWELVE
 MONTHS,  AND  FOUR  HUNDRED  DOLLARS  FOR  THE THIRD AND EACH SUBSEQUENT
 VIOLATION COMMITTED ON DIFFERENT DAYS WITHIN A PERIOD OF TWELVE  MONTHS,
 EXCEPT  THAT  THE  DEPARTMENT SHALL NOT ISSUE A NOTICE OF VIOLATION, BUT
 SHALL ISSUE A WARNING AND PROVIDE INFORMATION ON  COMPLIANCE  WITH  THIS
 TITLE.
   §  2.  The public health law is amended by adding a new section 1352-f
 to read as follows:
   § 1352-F. REUSABLE BEVERAGE AND FOOD CONTAINERS PROVIDED BY CUSTOMERS.
 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "FOOD SERVICE ESTABLISHMENT" SHALL MEAN A PUBLIC PLACE ENGAGED IN
 THE PREPARATION AND SERVICE ON THE PREMISES OF FOOD AND TO  THE  GENERAL
 PUBLIC.
   (B)  "REUSABLE  BEVERAGE  CONTAINER"  SHALL MEAN A BOTTLE, MUG, CUP OR
 OTHER CONTAINER THAT IS DESIGNED AND MANUFACTURED TO HOLD BEVERAGES  AND
 IS CAPABLE OF MULTIPLE REUSE.
   (C) "SINGLE-USE" SHALL MEAN A PRODUCT THAT IS DESIGNED AND INTENDED TO
 BE  USED ONLY FOR DRINKING OR EATING, AND IS GENERALLY RECOGNIZED BY THE
 PUBLIC AS AN ITEM THAT IS TO BE DISCARDED AFTER ONE USE.
   (D) "DISPOSABLE FOOD SERVICE CONTAINER"  SHALL  MEAN  ALL  CONTAINERS,
 BOWLS,  PLATES,  TRAYS,  CARTONS,  CUPS,  LIDS  AND OTHER ITEMS THAT ARE
 DESIGNED OR GENERALLY RECOGNIZED BY THE PUBLIC  AS  BEING  DESIGNED  FOR
 SINGLE-USE  TO  HOLD,  CONTAIN,  OR  TRANSPORT  FOODS, INCLUDING BUT NOT
 LIMITED TO, CONTAINERS  FOR  LEFTOVERS  FROM  PARTIALLY  CONSUMED  MEALS
 PREPARED  BY  FOOD  SERVICE  ESTABLISHMENTS.  THE  TERM "DISPOSABLE FOOD
 SERVICE CONTAINER" SHALL NOT INCLUDE ITEMS COMPOSED ENTIRELY OF ALUMINUM
 OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE INTENDED FOR REUSE.
   (E) "REUSABLE  FOOD  CONTAINER"  SHALL  MEAN  ALL  CONTAINERS,  BOWLS,
 PLATES, TRAYS, CARTONS, CUPS, LIDS AND OTHER ITEMS THAT ARE DESIGNED AND
 MANUFACTURED TO HOLD FOOD AND ARE CAPABLE OF MULTIPLE REUSE.
   2.  REQUIREMENTS.  (A)  ALL  FOOD  SERVICE ESTABLISHMENTS IN THE STATE
 SHALL SERVE TAP WATER TO CUSTOMERS, UPON REQUEST, IN A REUSABLE BEVERAGE
 CONTAINER PROVIDED BY THE CUSTOMER; PROVIDED THAT:
   (I) SUCH REUSABLE BEVERAGE CONTAINER IS CAPABLE OF AND APPROPRIATE FOR
 SERVING SUCH TAP WATER, AS DETERMINED BASED ON  THE  SIZE,  CLEANLINESS,
 MATERIAL,  AND  ANY  OTHER  RELEVANT  FACTORS,  OF THE REUSABLE BEVERAGE
 CONTAINER; AND
 S. 2981                             4

   (II) SUCH TAP WATER SHALL BE  DISPENSED  IN  A  MANNER  THAT  PREVENTS
 CONTACT  WITH,  OR  CONTAMINATION  OF,  THE FOOD-CONTACT SURFACES OF THE
 BEVERAGE DISPENSING EQUIPMENT.
   (B)  ANY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES BEVERAGES
 TO CUSTOMERS IN SINGLE-USE CONTAINERS SHALL NOT REFUSE THE REQUEST OF  A
 CUSTOMER WHO HAS ORDERED A BEVERAGE TO SERVE SUCH BEVERAGE IN A REUSABLE
 BEVERAGE  CONTAINER  PROVIDED  BY  THE  CUSTOMER IN SUBSTITUTION FOR THE
 SINGLE-USE  CONTAINER  PROVIDED  BY  THE  FOOD  SERVICE   ESTABLISHMENT,
 PROVIDED THAT:
   (I) SUCH REUSABLE BEVERAGE CONTAINER IS CAPABLE OF AND APPROPRIATE FOR
 SERVING  SUCH  BEVERAGE,  AS  DETERMINED BASED ON THE SIZE, CLEANLINESS,
 MATERIAL, AND ANY OTHER  RELEVANT  FACTORS,  OF  THE  REUSABLE  BEVERAGE
 CONTAINER; AND
   (II)  SUCH  BEVERAGE  SHALL  BE  DISPENSED  IN  A MANNER THAT PREVENTS
 CONTACT WITH, OR CONTAMINATION OF,  THE  FOOD-CONTACT  SURFACES  OF  THE
 BEVERAGE DISPENSING EQUIPMENT.
   (C)  ANY  FOOD  SERVICE ESTABLISHMENT IN THE STATE THAT SERVES FOOD TO
 CUSTOMERS IN DISPOSABLE FOOD SERVICE CONTAINERS  SHALL  NOT  REFUSE  THE
 REQUEST OF A CUSTOMER WHO HAS LEFTOVERS FROM PARTIALLY CONSUMED MEALS TO
 PACKAGE  SUCH  LEFTOVERS  IN  A  REUSABLE FOOD CONTAINER PROVIDED BY THE
 CUSTOMER IN SUBSTITUTION FOR THE DISPOSABLE FOOD CONTAINER  PROVIDED  BY
 THE FOOD SERVICE ESTABLISHMENT, PROVIDED THAT:
   (I)  SUCH  REUSABLE  FOOD  CONTAINER IS CAPABLE OF AND APPROPRIATE FOR
 PACKAGING SUCH LEFTOVERS, AS DETERMINED BASED ON THE SIZE,  CLEANLINESS,
 MATERIAL,  AND ANY OTHER RELEVANT FACTORS, OF THE REUSABLE FOOD CONTAIN-
 ER; AND (II) SUCH LEFTOVERS SHALL BE PACKAGED IN A MANNER THAT  PREVENTS
 CONTACT WITH, OR CONTAMINATION OF, THE FOOD-CONTACT SURFACES OF THE FOOD
 SERVING EQUIPMENT.
   3.  NOTIFICATION.  (A)  EVERY  FOOD SERVICE ESTABLISHMENT IN THE STATE
 SHALL CONSPICUOUSLY POST  SIGNAGE  INFORMING  CUSTOMERS  THAT  THEY  ARE
 PERMITTED  TO  REQUEST TAP WATER IN THEIR OWN REUSABLE BEVERAGE CONTAIN-
 ERS.
   (B) EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES BEVERAG-
 ES TO  CUSTOMERS  IN  SINGLE-USE  CONTAINERS  SHALL  CONSPICUOUSLY  POST
 SIGNAGE  INFORMING  CUSTOMERS  THAT  THEY  ARE  PERMITTED TO REQUEST THE
 SERVICE OF BEVERAGES IN THEIR OWN REUSABLE BEVERAGE CONTAINERS.
   (C) EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES FOOD  TO
 CUSTOMERS IN DISPOSABLE FOOD SERVICE CONTAINERS SHALL CONSPICUOUSLY POST
 SIGNAGE INFORMING CUSTOMERS THAT THEY ARE PERMITTED TO REQUEST THE PACK-
 AGING  OF  LEFTOVERS FROM PARTIALLY CONSUMED MEALS IN THEIR OWN REUSABLE
 FOOD CONTAINERS.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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