NY State Senate Bill 2023-S8361A

Senate Bill S8361A

2023-2024 Legislative Session

Requires all state agencies and offices to cease purchasing single-use plastic water bottles and requires the installation of water bottle filling stations

download bill text pdf

Current Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2024	reported and committed to finance
Jan 29, 2024	print number 8361a
Jan 29, 2024	amend and recommit to procurement and contracts
Jan 22, 2024	referred to procurement and contracts

Votes

- May 15, 2024 - Procurement And Contracts Committee Vote
  S8361A
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Procurement And Contracts Committee Vote: May 15, 2024
      
      aye (5)
      
      Cooney
      
      Gonzalez
      
      Sanders Jr.
      
      Stavisky
      
      Webb
      
      nay (1)
      
      Martins
      
      aye wr (1)
      
      Rolison

Bill Amendments

Original

A (Active)

2023-S8361 - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §163-e, St Fin L

2023-S8361 - Summary

Requires all state agencies and offices to cease purchasing single-use plastic water bottles; authorizes the commissioner of the office of general services to enter into contracts for the installation of water bottle filling stations in state buildings; provides for the purchase of single-use plastic water bottles under certain circumstances; requires each state agency to submit a report to the state procurement council and to the New York state climate action council containing a summary of the steps they have taken to comply with the directive.

2023-S8361 - Sponsor Memo

                                 
BILL NUMBER: S8361

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the state finance law, in relation to requiring all
state agencies and offices to cease purchasing single-use plastic water
bottles and provides for the installation of water bottle filling
stations

 
PURPOSE:

To help reduce the state's dependence on single-use plastics and further
the state's compliance with the Climate Leadership and Community
Protection Act.

 
SUMMARY OF PROVISIONS:

Section 1 sets the legislative findings and intent.

Section 2 amends state finance law by adding § 163-e, which establishes
the prohibition on all state agencies and offices purchasing single use

plastic water bottles, provides exceptions to the ban, and authorizes
the commissioner of the office of general services to enter into
contract(s) to install water bottle filling stations and establish
guidelines for their installation. This section also requires agencies
and offices to submit a summary within a year after the effective date,
that outlines steps taken to comply with the law;

The bill defines "single-use plastic water bottle" as a sealed, rigid
plastic bottle having a capacity of 21 fluid ounces or less.

For purpose of the bill, the state university system, city university
system, and residential care facilities are excluded from the definition
of state agency or office.

Section 3 sets the effective date.

 
JUSTIFICATION:

New York State understands the urgent need to mitigate and reverse as
much climate change as possible. Actions taken by the State include
passage of the Climate Leadership and Community Protection (The Climate
Law) Act in 2019, which recognizes that greenhouse gas emissions are the
primary cause of climate change. Combustion of fossil fuels, which is
necessary to the production of single-use plastics, is the leading cause
of those greenhouse emissions.  Further, plastic pollution leaves damage
across every aspect of our lives, from litter on city streets to forever
plastics in our ocean ecosystems to microplastics absorbed in our
bodies.

New York state government can lead the way in the implementation of its
Climate Law with policies that reduce use of single use plastics, and
this bill will codify directives in that regard for water. In the
absence of water bottles, the installation of bottle filling stations
will further reduce the need for employees and visitors to purchase
water.


According to the United Nations Environment Programme, around 36% of all
plastics produced are in packaging, which includes single-use water
bottles, and one million single-use plastic bottles are purchased every
minute worldwide. Thankfully, there are less harmful alternatives to
single-use water bottles that the State can take advantage of. One of
those alternatives is water bottle filling stations.

By asking state departments, agencies, and offices to transition to
water bottle filling stations from single-use bottles, the state will
take another step toward reducing its dependence on single-use plastic,
while also providing leadership in the march toward the goals set out in
the Climate Law.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
One year after enactment

2023-S8361 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8361
 
                             I N  S E N A T E
 
                             January 22, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the state finance law,  in  relation  to  requiring  all
   state  agencies  and  offices  to  cease purchasing single-use plastic
   water bottles and provides for the installation of water bottle  fill-
   ing stations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. 1. The legislature finds  and  declares
 that:
   (a)  climate  change is adversely affecting the people of New York and
 poses a threat to public health, the well-being of our  communities  and
 families, and our state's economy and infrastructure;
   (b)  the  combustion  of fossil fuels is a primary cause of greenhouse
 gas emissions that cause climate change;
   (c) the production of plastic bottles relies on fossil fuels, and most
 plastic bottles are made from petroleum-based polyethylene terephthalate
 in refineries that run on fossil fuels;
   (d) plastic pollution has resulted in harm to communities in New York;
   (e) by some estimates Americans throw away about 2.5  million  plastic
 bottles every hour;
   (f) plastic pollution harms wildlife across New York, including in our
 ocean ecosystems; and
   (g)  purchasing  single-use plastic water bottles instead of utilizing
 less harmful alternatives is inconsistent with the best interests of the
 people of the state.
   2. Therefore, the legislature determines it to be in the best interest
 of the state to require all state departments, agencies and  offices  to
 cease  purchasing  single-use  plastic water bottles and to require that
 installation of water bottle filling stations on  premises  occupied  by
 the department, agency or office.
   § 2. The state finance law is amended by adding a new section 163-e to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13489-04-4

 S. 8361                             2
 
   §  163-E.  PROHIBITION  ON  THE  PURCHASE  OF SINGLE-USE PLASTIC WATER
 BOTTLES. 1. (A) ALL STATE AGENCIES AND OFFICES  SHALL  CEASE  OR  REDUCE
 THEIR  PURCHASE  OF  SINGLE-USE PLASTIC WATER BOTTLES IN ACCORDANCE WITH
 THE PROVISIONS OF THIS SECTION.
   (B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE PURCHASE
 OF  SINGLE-USE  PLASTIC  WATER BOTTLES BY A STATE AGENCY OR OFFICE UNDER
 THE  FOLLOWING CIRCUMSTANCES:
   (I) WHEN NO ALTERNATIVE IS AVAILABLE OR PRACTICABLE;
   (II) WHEN NECESSARY TO PROTECT THE  HEALTH,  SAFETY,  AND  WELFARE  OF
 RESIDENTS OF THE STATE;
   (III)  WHEN  COMPLIANCE WITH THIS SECTION WOULD CONFLICT WITH CONTRACT
 REQUIREMENTS OR LABOR AGREEMENTS IN EXISTENCE AS OF THE  EFFECTIVE  DATE
 OF  THIS  SECTION  OR  AGREEMENTS SOLICITED BEFORE THE EFFECTIVE DATE OF
 THIS SECTION; OR
   (IV) TO PREPARE FOR OR RESPOND TO AN EMERGENCY.
   (C) IN ADDITION, EACH STATE AGENCY AND OFFICE SHALL PROVIDE FOR  DISA-
 BILITY OR ACCESSIBILITY RELATED ACCOMMODATIONS IN ITS PLANNING EFFORTS.
   2.  (A) THE   COMMISSIONER OF GENERAL SERVICES IS HEREBY AUTHORIZED TO
 ENTER INTO ONE OR MORE CONTRACTS FOR THE INSTALLATION  OF  WATER  BOTTLE
 FILLING STATIONS ON PREMISES OCCUPIED BY ALL STATE AGENCIES AND OFFICES,
 INCLUDING  THE CAPITOL BUILDING AND BUILDINGS OF THE EMPIRE STATE PLAZA.
 SUCH FILLING STATIONS MAY BE INSTALLED AT EXISTING  WATER  FOUNTAINS  OR
 MAY BE INSTALLED SEPARATELY IF NO WATER FOUNTAIN IS AVAILABLE.
   (B)  (I)  THE  OFFICE  OF  GENERAL SERVICES SHALL ESTABLISH GUIDELINES
 CONCERNING THE INSTALLATION OF WATER BOTTLE FILLING STATIONS AS WELL  AS
 THE QUALIFICATIONS REQUIRED FOR THE INSTALLATION OF WATER BOTTLE FILLING
 STATIONS  BY  CONTRACTORS  AND  SUBCONTRACTORS  PURSUANT  TO SECTION ONE
 HUNDRED SIXTY-THREE OF THIS ARTICLE. SUCH GUIDELINES SHALL  IMPLEMENT  A
 CERTIFICATION PROCESS WITH MINIMUM STANDARDS FOR CONTRACTORS AND SUBCON-
 TRACTORS  TO  FILE  WITH  THE  CONTRACTING  STATE  AGENCY OR OFFICE UPON
 COMPLETION OF A PROJECT.
   (II) ANY STATE AGENCY OR OFFICE CONTRACT FOR THE INSTALLATION OF WATER
 BOTTLE FILLING STATIONS SHALL INCLUDE PROVISIONS  REQUIRING  CONTRACTORS
 AND SUBCONTRACTORS DOING WORK INVOLVING THE INSTALLATION OF WATER BOTTLE
 FILLING  STATIONS  TO  CERTIFY THAT ALL WORK COMPLETED MEETS THE MINIMUM
 STANDARDS ESTABLISHED UNDER  THIS  SECTION  BY  THE  OFFICE  OF  GENERAL
 SERVICES REGARDING SUCH INSTALLATIONS.
   (III)  ANY  CERTIFICATIONS  REQUIRED  BY  THIS  SECTION  SHALL BE KEPT
 CURRENT FOR THE DURATION OF THE CONTRACT.
   3. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 ALL  STATE  AGENCIES  AND  OFFICES SHALL SUBMIT TO THE STATE PROCUREMENT
 COUNCIL AND TO THE NEW YORK STATE  CLIMATE  ACTION  COUNCIL  ESTABLISHED
 PURSUANT  TO  SECTION  75-0103  OF THE ENVIRONMENTAL CONSERVATION LAW, A
 SUMMARY OF:
   (A) THE STEPS THEY HAVE TAKEN TO:
   (I) HALT THE EXPENDITURES OF STATE FUNDS FOR THE PURCHASE  OF  SINGLE-
 USE PLASTIC WATER BOTTLES;
   (II) REDUCE THE SALE OR RE-SALE OF SINGLE-USE PLASTIC WATER BOTTLES ON
 STATE-OWNED PROPERTY; AND
   (B) THE NUMBER OF WATER BOTTLE FILLING STATIONS INSTALLED ON THE PREM-
 ISES OF THE STATE AGENCY OR OFFICE.
   4.  ALL NEW YORK QUASI-PUBLIC AUTHORITIES AND BOARDS ARE ENCOURAGED TO
 ADOPT THEIR OWN PLANS TO ELIMINATE THEIR PURCHASING AND SALE OF  SINGLE-
 USE PLASTIC WATER BOTTLES.
   5. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
 S. 8361                             3

   (A)  "SINGLE-USE  PLASTIC  WATER  BOTTLE" MEANS A BEVERAGE IN A SEALED
 RIGID PLASTIC BOTTLE HAVING A CAPACITY OF  TWENTY-ONE  FLUID  OUNCES  OR
 LESS.
   (B)  "STATE AGENCIES AND OFFICES" MEANS ALL STATE DEPARTMENTS, BOARDS,
 COMMISSIONS, OFFICES OR INSTITUTIONS UNDER  THE  EXECUTIVE,  LEGISLATIVE
 AND JUDICIAL BRANCHES OF THE STATE. FOR THE PURPOSES OF THIS SECTION THE
 TERM  "STATE AGENCIES AND OFFICES" SHALL EXCLUDE THE STATE UNIVERSITY OF
 NEW YORK; THE CITY UNIVERSITY OF NEW  YORK;  AND  ANY  RESIDENTIAL  CARE
 CENTER  FOR  ADULTS  OR  RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND
 YOUTH, AS SUCH TERMS ARE DEFINED BY SECTION 1.03 OF THE  MENTAL  HYGIENE
 LAW,  OR  ANY  OTHER RESIDENTIAL CARE FACILITY UNDER THE JURISDICTION OF
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   § 3. This act shall take effect one year after it shall have become  a
 law  and shall apply to the purchase of single-use plastic water bottles
 on and after such effective date.

2023-S8361A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §163-e, St Fin L

2023-S8361A (ACTIVE) - Summary

2023-S8361A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8361A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the state finance law, in relation to requiring all
state agencies and offices to cease purchasing single-use plastic water
bottles and provides for the installation of water bottle filling
stations

 
PURPOSE:

To help reduce the state's dependence on single-use plastics and further
the state's compliance with the Climate Leadership and Community
Protection Act.

 
SUMMARY OF PROVISIONS:

Section 1 sets the legislative findings and intent.

Section 2 amends state finance law by adding § 163-e, which establishes
the prohibition on all state agencies and offices purchasing single use

plastic water bottles, provides exceptions to the ban, and authorizes
the commissioner of the office of general services to enter into
contract(s) to install water bottle filling stations and establish
guidelines for their installation. This section also requires agencies
and offices to submit a summary within a year after the effective date,
that outlines steps taken to comply with the law;

The bill defines "single-use plastic water bottle" as a sealed, rigid
plastic bottle having a capacity of 21 fluid ounces or less.

For purpose of the bill, the state university system, city university
system, and residential care facilities are excluded from the definition
of state agency or office.

Section 3 sets the effective date.

 
JUSTIFICATION:

New York State understands the urgent need to mitigate and reverse as
much climate change as possible. Actions taken by the State include
passage of the Climate Leadership and Community Protection (The Climate
Law) Act in 2019, which recognizes that greenhouse gas emissions are the
primary cause of climate change. Combustion of fossil fuels, which is
necessary to the production of single-use plastics, is the leading cause
of those greenhouse emissions.  Further, plastic pollution leaves damage
across every aspect of our lives, from litter on city streets to forever
plastics in our ocean ecosystems to microplastics absorbed in our
bodies.

New York state government can lead the way in the implementation of its
Climate Law with policies that reduce use of single use plastics, and
this bill will codify directives in that regard for water. In the
absence of water bottles, the installation of bottle filling stations
will further reduce the need for employees and visitors to purchase
water.


According to the United Nations Environment Programme, around 36% of all
plastics produced are in packaging, which includes single-use water
bottles, and one million single-use plastic bottles are purchased every
minute worldwide. Thankfully, there are less harmful alternatives to
single-use water bottles that the State can take advantage of. One of
those alternatives is water bottle filling stations.

By asking state departments, agencies, and offices to transition to
water bottle filling stations from single-use bottles, the state will
take another step toward reducing its dependence on single-use plastic,
while also providing leadership in the march toward the goals set out in
the Climate Law.

The amendment to this bill clarifies the exception to the OPWDD.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
One year after enactment

2023-S8361A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8361--A
 
                             I N  S E N A T E
 
                             January 22, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and  Contracts
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the state finance law,  in  relation  to  requiring  all
   state  agencies  and  offices  to  cease purchasing single-use plastic
   water bottles and provides for the installation of water bottle  fill-
   ing stations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. 1. The legislature finds  and  declares
 that:
   (a)  climate  change is adversely affecting the people of New York and
 poses a threat to public health, the well-being of our  communities  and
 families, and our state's economy and infrastructure;
   (b)  the  combustion  of fossil fuels is a primary cause of greenhouse
 gas emissions that cause climate change;
   (c) the production of plastic bottles relies on fossil fuels, and most
 plastic bottles are made from petroleum-based polyethylene terephthalate
 in refineries that run on fossil fuels;
   (d) plastic pollution has resulted in harm to communities in New York;
   (e) by some estimates Americans throw away about 2.5  million  plastic
 bottles every hour;
   (f) plastic pollution harms wildlife across New York, including in our
 ocean ecosystems; and
   (g)  purchasing  single-use plastic water bottles instead of utilizing
 less harmful alternatives is inconsistent with the best interests of the
 people of the state.
   2. Therefore, the legislature determines it to be in the best interest
 of the state to require all state departments, agencies and  offices  to
 cease  purchasing  single-use  plastic water bottles and to require that
 installation of water bottle filling stations on  premises  occupied  by
 the department, agency or office.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13489-05-4

 S. 8361--A                          2
 
   § 2. The state finance law is amended by adding a new section 163-e to
 read as follows:
   §  163-E.  PROHIBITION  ON  THE  PURCHASE  OF SINGLE-USE PLASTIC WATER
 BOTTLES. 1. (A) ALL STATE AGENCIES AND OFFICES  SHALL  CEASE  OR  REDUCE
 THEIR  PURCHASE  OF  SINGLE-USE PLASTIC WATER BOTTLES IN ACCORDANCE WITH
 THE PROVISIONS OF THIS SECTION.
   (B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE PURCHASE
 OF SINGLE-USE PLASTIC WATER BOTTLES BY A STATE AGENCY  OR  OFFICE  UNDER
 THE  FOLLOWING CIRCUMSTANCES:
   (I) WHEN NO ALTERNATIVE IS AVAILABLE OR PRACTICABLE;
   (II)  WHEN  NECESSARY  TO  PROTECT  THE HEALTH, SAFETY, AND WELFARE OF
 RESIDENTS OF THE STATE;
   (III) WHEN COMPLIANCE WITH THIS SECTION WOULD CONFLICT  WITH  CONTRACT
 REQUIREMENTS  OR  LABOR AGREEMENTS IN EXISTENCE AS OF THE EFFECTIVE DATE
 OF THIS SECTION OR AGREEMENTS SOLICITED BEFORE  THE  EFFECTIVE  DATE  OF
 THIS SECTION; OR
   (IV) TO PREPARE FOR OR RESPOND TO AN EMERGENCY.
   (C)  IN ADDITION, EACH STATE AGENCY AND OFFICE SHALL PROVIDE FOR DISA-
 BILITY OR ACCESSIBILITY RELATED ACCOMMODATIONS IN ITS PLANNING EFFORTS.
   2. (A) THE  COMMISSIONER OF GENERAL SERVICES IS HEREBY  AUTHORIZED  TO
 ENTER  INTO  ONE  OR MORE CONTRACTS FOR THE INSTALLATION OF WATER BOTTLE
 FILLING STATIONS ON PREMISES OCCUPIED BY ALL STATE AGENCIES AND OFFICES,
 INCLUDING THE CAPITOL BUILDING AND BUILDINGS OF THE EMPIRE STATE  PLAZA.
 SUCH  FILLING  STATIONS  MAY BE INSTALLED AT EXISTING WATER FOUNTAINS OR
 MAY BE INSTALLED SEPARATELY IF NO WATER FOUNTAIN IS AVAILABLE.
   (B) (I) THE OFFICE OF  GENERAL  SERVICES  SHALL  ESTABLISH  GUIDELINES
 CONCERNING  THE INSTALLATION OF WATER BOTTLE FILLING STATIONS AS WELL AS
 THE QUALIFICATIONS REQUIRED FOR THE INSTALLATION OF WATER BOTTLE FILLING
 STATIONS BY CONTRACTORS  AND  SUBCONTRACTORS  PURSUANT  TO  SECTION  ONE
 HUNDRED  SIXTY-THREE  OF THIS ARTICLE. SUCH GUIDELINES SHALL IMPLEMENT A
 CERTIFICATION PROCESS WITH MINIMUM STANDARDS FOR CONTRACTORS AND SUBCON-
 TRACTORS TO FILE WITH  THE  CONTRACTING  STATE  AGENCY  OR  OFFICE  UPON
 COMPLETION OF A PROJECT.
   (II) ANY STATE AGENCY OR OFFICE CONTRACT FOR THE INSTALLATION OF WATER
 BOTTLE  FILLING  STATIONS SHALL INCLUDE PROVISIONS REQUIRING CONTRACTORS
 AND SUBCONTRACTORS DOING WORK INVOLVING THE INSTALLATION OF WATER BOTTLE
 FILLING STATIONS TO CERTIFY THAT ALL WORK COMPLETED  MEETS  THE  MINIMUM
 STANDARDS  ESTABLISHED  UNDER  THIS  SECTION  BY  THE  OFFICE OF GENERAL
 SERVICES REGARDING SUCH INSTALLATIONS.
   (III) ANY CERTIFICATIONS  REQUIRED  BY  THIS  SECTION  SHALL  BE  KEPT
 CURRENT FOR THE DURATION OF THE CONTRACT.
   3.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 ALL STATE AGENCIES AND OFFICES SHALL SUBMIT  TO  THE  STATE  PROCUREMENT
 COUNCIL  AND  TO  THE  NEW YORK STATE CLIMATE ACTION COUNCIL ESTABLISHED
 PURSUANT TO SECTION 75-0103 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,  A
 SUMMARY OF:
   (A) THE STEPS THEY HAVE TAKEN TO:
   (I)  HALT  THE EXPENDITURES OF STATE FUNDS FOR THE PURCHASE OF SINGLE-
 USE PLASTIC WATER BOTTLES;
   (II) REDUCE THE SALE OR RE-SALE OF SINGLE-USE PLASTIC WATER BOTTLES ON
 STATE-OWNED PROPERTY; AND
   (B) THE NUMBER OF WATER BOTTLE FILLING STATIONS INSTALLED ON THE PREM-
 ISES OF THE STATE AGENCY OR OFFICE.
   4. ALL NEW YORK QUASI-PUBLIC AUTHORITIES AND BOARDS ARE ENCOURAGED  TO
 ADOPT  THEIR OWN PLANS TO ELIMINATE THEIR PURCHASING AND SALE OF SINGLE-
 USE PLASTIC WATER BOTTLES.
 S. 8361--A                          3
 
   5. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "SINGLE-USE  PLASTIC  WATER  BOTTLE" MEANS A BEVERAGE IN A SEALED
 RIGID PLASTIC BOTTLE HAVING A CAPACITY OF  TWENTY-ONE  FLUID  OUNCES  OR
 LESS.
   (B)  "STATE AGENCIES AND OFFICES" MEANS ALL STATE DEPARTMENTS, BOARDS,
 COMMISSIONS, OFFICES OR INSTITUTIONS UNDER  THE  EXECUTIVE,  LEGISLATIVE
 AND JUDICIAL BRANCHES OF THE STATE. FOR THE PURPOSES OF THIS SECTION THE
 TERM  "STATE AGENCIES AND OFFICES" SHALL EXCLUDE THE STATE UNIVERSITY OF
 NEW YORK; THE CITY UNIVERSITY OF NEW  YORK;  AND  ANY  RESIDENTIAL  CARE
 CENTER  FOR  ADULTS  OR  RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND
 YOUTH, AS SUCH TERMS ARE DEFINED BY SECTION 1.03 OF THE  MENTAL  HYGIENE
 LAW, OR ANY OTHER PROGRAM OR FACILITY CERTIFIED BY THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES.
   §  3. This act shall take effect one year after it shall have become a
 law and shall apply to the purchase of single-use plastic water  bottles
 on and after such effective date.

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