S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8719--A
 
                             I N  S E N A T E
 
                               March 4, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT to amend the environmental conservation law, in relation to clar-
   ifying  certain  provisions  relating  to prohibiting plastic carryout
   bags

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 27-2701 of the environmental conservation law, as
 added by chapter 641 of the laws of 2008, subdivision 2 as  amended  and
 subdivision 7 as added by chapter 481 of the laws of 2014, is amended to
 read as follows:
 § 27-2701. Definitions.
   As used in this title:
   1.  "Compostable  plastic  bag"  means a plastic bag that at a minimum
 meets the American Society for Testing and Materials standard D6400  for
 compostable plastic, as amended.
   2.  "Manufacturer"  means  the  producer  of a plastic carryout bag or
 OTHER film plastic sold to a store or the manufacturer's agent or broker
 who sold the plastic carryout bag or OTHER film plastic to the store.
   3. "Operator" means a person in control of, or having daily  responsi-
 bility  for,  the  daily operation of a store, which may include, but is
 not limited to, the owner of the store.
   4. "Plastic carryout bag" means a [plastic] carryout bag MADE OF  FILM
 PLASTIC  OF ANY THICKNESS provided by a store to a customer at the point
 of sale THAT IS NOT A REUSABLE BAG.
   5. "Reusable bag" means A BAG DESIGNED AND MANUFACTURED  FOR  MULTIPLE
 REUSE THAT:
   (a)  [a  bag]  IS  EITHER made of [cloth] (I) HAND WASHABLE or [other]
 machine washable CLOTH OR fabric [that has handles],  INCLUDING  COTTON,
 JUTE, CANVAS, WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPH-
 THALATE  (PET),  POLYESTER,  OR NYLON   FABRIC, AS WELL AS FABRIC BLENDS
 THAT INCLUDE ANY SUCH MATERIALS; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14748-02-4
 S. 8719--A                          2
 
   [(b) a durable plastic bag with handles that is specifically  designed
 and  manufactured for multiple reuse] (II) OTHER NON-FILM PLASTIC WASHA-
 BLE MATERIAL; AND
   (B)  HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS
 THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS PROVIDED IN  PARA-
 GRAPHS (C) AND (D) OF THIS SUBDIVISION;
   (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE
 EQUAL  TO  THE  ABILITY  TO  CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A
 DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND
   (D) HAS A MINIMUM FABRIC WEIGHT  OF  EIGHTY  GRAMS  PER  SQUARE  METER
 ("GSM")  OR  EQUIVALENT  FOR  BAGS  MADE OF COTTON, JUTE, CANVAS, OR ANY
 NON-FILM PLASTIC, INCLUDING WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYE-
 THYLENE-TEREPHTHALATE (PET), POLYESTER, NYLON, OR FABRIC BLENDS.
   6. "Store" means a retail establishment that provides plastic carryout
 bags to its customers as a result of the sale of a product  OR  PROVIDED
 SUCH BAGS ANY TIME PRIOR TO MARCH FIRST, TWO THOUSAND TWENTY and (a) has
 over ten thousand square feet of retail space, or (b) such retail estab-
 lishment  is  part of a chain engaged in the same general field of busi-
 ness which operates five or more units of over five thousand square feet
 of retail space in this state under common ownership and management.
   7. "Film plastic" means [uncontaminated non-rigid film plastic packag-
 ing products composed of plastic  resins,  which  include,]  A  FLEXIBLE
 SHEET  OR  SHEETS  OF  PETROLEUM OR NON-PETROLEUM-BASED PLASTIC RESIN OR
 OTHER MATERIAL OF ANY  THICKNESS  COMMONLY  USED  IN  AND  AS  PACKAGING
 PRODUCTS,  WHICH  INCLUDE,  but are not limited to, newspaper bags, [dry
 cleaning bags and] GARMENT BAGS, shrink-wrap, BAGS USED TO CARRYOUT  AND
 DELIVER PREPARED FOOD AND OTHER PLASTIC OVERWRAP.
   8. "FILM PLASTIC BAG" MEANS A BAG THAT IS MADE OF FILM PLASTIC.
   §  2.  Section 27-2703 of the environmental conservation law, as added
 by chapter 641 of the laws of 2008, subdivision 1 as amended by  chapter
 481 of the laws of 2014, is amended to read as follows:
 § 27-2703. Store operator responsibilities.
   1.  The  operator  of  a  store  shall establish an at-store recycling
 program pursuant to the provisions of this title that provides an oppor-
 tunity for a customer of the store to return to the store clean  plastic
 carryout bags and OTHER film plastic.
   2. A retail establishment that does not meet the definition of a store
 [and  that  provides  plastic carryout bags to customers at the point of
 sale] may also adopt an at-store recycling program.
   § 3. Section 27-2705 of the environmental conservation law,  as  added
 by  chapter  641 of the laws of 2008, subdivisions 2, 3 and 4 as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2705. Recycling program requirements.
   An at-store recycling program provided by  the  operator  of  a  store
 shall require:
   1.  [a  plastic  carryout bag provided by the store to have printed or
 displayed on the bag, in a manner  visible  to  a  consumer,  the  words
 "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
 er,  such store shall be allowed for one year from the effective date of
 this subdivision to use its existing stock of plastic carryout  bags.  A
 store  may also apply to the commissioner for approval of an alternative
 plastic bag recycling message. The commissioner shall approve or  reject
 the proposed message within forty-five days;
   2.] a collection bin that is visible, easily accessible to the consum-
 er,  and  clearly  marked  that  the collection bin is available for the
 purpose of collecting and recycling UNCONTAMINATED plastic carryout bags
 S. 8719--A                          3
 
 and OTHER film plastic. This subdivision shall apply to stores not with-
 in an enclosed shopping mall and  stores  of  at  least  fifty  thousand
 square feet within an enclosed shopping mall. In the case of an enclosed
 shopping  mall,  the  owner  of  the  enclosed  mall shall place bins at
 reasonable intervals throughout the enclosed mall area;
   [3.] 2. all plastic carryout bags and OTHER film plastic collected  by
 the store to be collected, transported and recycled along with any other
 in-store  plastic  recycling, except for PLASTIC CARRYOUT BAGS AND OTHER
 FILM plastic [bags] that are not sufficiently free of  foreign  material
 to  enter  the  recycling  stream.  Plastic carryout bags and OTHER film
 plastic collected by the store or the manufacturer, which  are  free  of
 foreign  material,  shall not be disposed of in any solid waste disposal
 facility permitted or authorized pursuant to title seven of  this  arti-
 cle;
   [4.]  3.  the  store  or its agent to maintain, for a minimum of three
 years, records describing the collection,  transport  and  recycling  of
 plastic  carryout  bags  and  OTHER  film  plastic  collected by weight,
 provided however that stores or its agents may weigh such PLASTIC  bags,
 film  plastic  and  any  other  in-store plastic recycling at a regional
 collection center. Such records shall be made available to  the  depart-
 ment upon request, to demonstrate compliance with this title; and
   [5.]  4. the operator of the store to (a) make reusable bags available
 to customers within the store for purchase, and (b) permit a [reuseable]
 REUSABLE bag to be used in lieu of a [plastic  carryout  bag  or]  paper
 CARRYOUT bag.
   §  4.  Section 27-2707 of the environmental conservation law, as added
 by chapter 641 of the laws of 2008, subdivision 1 as amended by  chapter
 481 of the laws of 2014, is amended to read as follows:
 § 27-2707. Manufacturer responsibilities.
   1.  When the manufacturer accepts plastic carryout bags and OTHER film
 plastic for return, it or its agent shall maintain,  for  a  minimum  of
 three  years, records describing the collection, transport and recycling
 of plastic carryout bags and OTHER film  plastic  collected  by  weight,
 provided  that  the manufacturer or its agents may weigh such bags, film
 plastic and any other plastic resins at a  regional  collection  center.
 Such  records shall be made available to the department upon request, to
 demonstrate compliance with this title.
   2. Manufacturers of compostable plastic bags sold  to  stores  in  the
 state that are subject to the provisions of this title shall have print-
 ed on the bag, in a manner visible to the consumer, the words "COMPOSTA-
 BLE  BAG -- DO NOT PLACE IN RECYCLING BIN". [Provided however, such bags
 may be sold or distributed for one year from the effective date of  this
 section to use the store's existing stock of compostable bags.]
   § 5. Section 27-2709 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2709. Department responsibility.
   1. The department shall develop educational materials to encourage the
 reduction,  reuse  and recycling of plastic carryout bags and OTHER film
 plastic and shall make those materials available to stores  required  to
 comply with this article.
   2. The department shall provide information regarding the availability
 of recycling facilities and companies that recycle FILM plastic bags and
 OTHER  film  plastic,  including the addresses and phone numbers of such
 facilities and companies to stores required to comply with this article.
   § 6. Section 27-2713 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 S. 8719--A                          4
 
 § 27-2713. Preemption.
   Jurisdiction  in  all  matters  pertaining to plastic CARRYOUT bag and
 OTHER film plastic recycling is by this article  vested  exclusively  in
 the  state.  Any provision of any local law or ordinance, or any rule or
 regulation promulgated  thereto,  governing  the  recycling  of  plastic
 CARRYOUT  bags  and OTHER film plastic shall, upon the effective date of
 this title, be preempted.   Provided however, nothing  in  this  section
 shall  preclude  a  person  from coordinating for recycling or reuse the
 collection of plastic CARRYOUT bags or OTHER film plastic.
   § 7. Section 27-2801 of the environmental conservation law,  as  added
 by  section 2 of part H of chapter 58 of the laws of 2019, is amended to
 read as follows:
 § 27-2801. Definitions.
   As used in this title:
   1. "Exempt bag" means a bag THAT IS: (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] PREPACKAGED BY THE MANUFACTURER OR DISTRIBU-
 TOR  in  bulk  QUANTITIES AND SOLD to a consumer [at the point of sale];
 (f) SOLD AS A trash [bags] OR YARD WASTE BAG; (g) SOLD AS A food storage
 [bags] BAG; (h) USED AS A garment [bags] BAG;  (i)  [bags]  prepackaged,
 PRELABELED, OR TAGGED AS MERCHANDISE for sale to a customer; (j) A plas-
 tic carryout [bags] BAG provided by a restaurant, tavern or similar food
 service  establishment, as defined in the state sanitary code, to carry-
 out or deliver PREPARED food; [or] (k) [bags] provided by a pharmacy  to
 carry prescription drugs; OR (L) A REUSABLE BAG.
   2.  "Plastic  carryout bag" means [any plastic] A CARRYOUT bag MADE OF
 FILM PLASTIC OF ANY  THICKNESS,  other  than  an  exempt  bag,  that  is
 provided to a customer by a person required to collect tax to be used by
 the customer to [carry] TRANSPORT tangible personal property, regardless
 of  whether  such  person  required  to  collect  tax sells any tangible
 personal property or service to the customer, and regardless of  whether
 any  tangible personal property or service sold is exempt from tax under
 article twenty-eight of the tax law.  A BAG THAT MEETS THE  REQUIREMENTS
 OF  A  REUSABLE  BAG, AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION, IS
 NOT A PLASTIC CARRYOUT BAG.
   3. "Paper carryout bag" means a paper bag, other than an  exempt  bag,
 that is provided to a customer by a person required to collect tax to be
 used  by the customer to carry tangible personal property, regardless of
 whether such person required to collect tax sells any tangible  personal
 property  or  service  to  the  customer,  and regardless of whether any
 tangible personal property or service sold  is  exempt  from  tax  under
 article twenty-eight of the tax law.
   4.  "Reusable  bag" means a bag DESIGNED AND MANUFACTURED FOR MULTIPLE
 REUSE THAT:  (a) IS EITHER made of [cloth] (I) HAND WASHABLE or  [other]
 machine  washable  CLOTH OR fabric [that has handles], INCLUDING COTTON,
 JUTE, CANVAS, WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPH-
 THALATE (PET), POLYESTER, OR NYLON FABRIC, AS WELL AS FABRIC BLENDS THAT
 INCLUDE ANY SUCH   MATERIALS; or [(b) a durable bag with handles that is
 specifically designed and manufactured for multiple reuse.]  (II)  OTHER
 NON-FILM PLASTIC WASHABLE MATERIAL; AND
   (B)  HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS
 THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS IN PARAGRAPHS  (C)
 AND (D) OF THIS SUBDIVISION;
 S. 8719--A                          5

   (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE
 EQUAL  TO  THE  ABILITY  TO  CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A
 DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND
   (D)  HAS  A  MINIMUM  FABRIC  WEIGHT  OF EIGHTY GRAMS PER SQUARE METER
 ("GSM") OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM  PLASTIC,  INCLUDING
 WOVEN  OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET),
 COTTON, JUTE, OR CANVAS.
   5. "FILM PLASTIC" MEANS A FLEXIBLE SHEET OR  SHEETS  OF  PETROLEUM  OR
 NON-PETROLEUM  BASED  PLASTIC RESIN OR OTHER MATERIAL, OF ANY THICKNESS,
 (NOT INCLUDING A PAPER CARRYOUT BAG) COMMONLY USED IN AND  AS  PACKAGING
 PRODUCTS, WHICH INCLUDE, BUT ARE NOT LIMITED TO, NEWSPAPER BAGS, GARMENT
 BAGS,  SHRINK-WRAP, BAGS USED TO CARRYOUT AND DELIVER PREPARED FOOD, AND
 OTHER PLASTIC OVERWRAP.
   [5.] 6. "Person required to collect tax" means any vendor of  tangible
 personal  property  subject  to  the  tax  imposed by subdivision (a) of
 section eleven hundred five of the tax law.
   § 8. Section 27-2803 of the environmental conservation law,  as  added
 by  section 2 of part H of chapter 58 of the laws of 2019, is amended to
 read as follows:
 § 27-2803. Plastic carryout bag ban.
   1. No person required to collect tax shall distribute, FOR FREE OR FOR
 SALE, 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.
   2. No person required to collect tax shall prevent a person from using
 a bag of any kind that they have brought for purposes of carrying goods.
   3. [Nothing in this section shall be deemed to exempt  the  provisions
 set  forth  in  title 27 of this article relating to at store recycling]
 ANY PERSON WHO WAS REQUIRED TO COMPLY WITH THE COLLECTION AND  RECYCLING
 REQUIREMENTS IN TITLE 27 OF THIS ARTICLE PRIOR TO MARCH FIRST, TWO THOU-
 SAND  TWENTY, INCLUDING THE REQUIREMENT TO MAINTAIN A COLLECTION BIN FOR
 COLLECTION AND RECYCLING PLASTIC CARRYOUT BAGS AND OTHER  FILM  PLASTIC,
 SHALL CONTINUE TO COMPLY.
   §  9.  Subdivision 1 of section 27-2807 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.  Any  person  required to collect tax who violates any provision of
 [section 27-2803 of] this title [shall receive a warning notice for  the
 first  such  violation. A person required to collect tax] OR ANY RULE OR
 REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL  DETERMINATION  OR
 ORDER  OF THE COMMISSIONER MADE PURSUANT TO THIS CHAPTER shall be liable
 to the state of New York for a civil penalty [of two hundred fifty]  NOT
 TO  EXCEED ONE THOUSAND dollars for the first violation [after receiving
 a warning] and [five hundred] A CIVIL PENALTY NOT TO EXCEED  FIVE  THOU-
 SAND  dollars  for any subsequent violation [in the same calendar year].
 For purposes of this section, each commercial transaction shall  consti-
 tute  no  more  than one violation. A hearing or opportunity to be heard
 shall be provided prior to the assessment of any civil penalty.
   § 10. Subdivision 1 of section 71-2728 of the environmental  conserva-
 tion  law,  as  added  by chapter 641 of the laws of 2008, is amended to
 read as follows:
   1. Any person who [knowingly or intentionally] violates any  provision
 of  or fails to perform any duty imposed pursuant to title 27 of article
 27 of this chapter [shall upon the first finding of such a violation  be
 provided with a warning that future violations shall result in the impo-
 sition  of  a  fine.  Any person convicted of a second violation] OR ANY
 S. 8719--A                          6

 RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY  FINAL  DETERMI-
 NATION  OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS CHAPTER shall
 be liable for a civil penalty  not  to  exceed  one  [hundred]  THOUSAND
 dollars[.  Any person convicted of a third or subsequent violation shall
 be liable] for THE FIRST VIOLATION AND a civil  penalty  not  to  exceed
 five [hundred] THOUSAND dollars FOR ANY SUBSEQUENT VIOLATIONS.
   §  11. Subdivision 1 of section 71-2730 of the environmental conserva-
 tion law, as added by section 2 of part PP of chapter 58 of the laws  of
 2020, is amended to read as follows:
   1. Any person who [shall violate section 27-3003] VIOLATES TITLE 30 OF
 ARTICLE  27 of this chapter OR ANY RULE OR REGULATION PROMULGATED PURSU-
 ANT THERETO, OR ANY FINAL DETERMINATION OR  ORDER  OF  THE  COMMISSIONER
 MADE  PURSUANT  TO THIS CHAPTER shall be liable to the state of New York
 for a civil penalty of not more than [two] FIVE hundred [fifty]  dollars
 for  the  first  violation,  not  more  than [five hundred] ONE THOUSAND
 dollars for the second violation [in the same calendar  year],  and  not
 more  than [one] FIVE thousand dollars for the third and each 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.
   §  12.  This act shall take effect on the thirtieth day after it shall
 have become a law.