S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    760
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the state finance
   law, in relation to banning the use of non-compostable produce  stick-
   ers

   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
                             PRODUCE STICKERS
 SECTION 27-3401. NON-COMPOSTABLE PRODUCE STICKER BAN.
         27-3403. VIOLATIONS.
 § 27-3401. NON-COMPOSTABLE PRODUCE STICKER BAN.
   1. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SIX, NO  PERSON,  FIRM
 OR  CORPORATION  SHALL  SELL, OFFER FOR SALE, OR DISTRIBUTE ANY NON-COM-
 POSTABLE PRODUCE STICKERS  OR  ANY  PRODUCE  WITH  SUCH  NON-COMPOSTABLE
 STICKERS  IN THE STATE; PROVIDED, HOWEVER, A PERSON, FIRM OR CORPORATION
 MAY USE ITS CURRENT INVENTORY OF NON-COMPOSTABLE STICKERS PRIOR TO  SUCH
 DATE.
   2.  THE  DEPARTMENT  IS  AUTHORIZED  TO PROMULGATE ANY RULES AND REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
 TITLE.
 § 27-3403. VIOLATIONS.
   1.  A  PERSON,  FIRM  OR CORPORATION THAT VIOLATES A PROVISION OF THIS
 TITLE SHALL RECEIVE A WARNING  NOTICE  FOR  THE  FIRST  SUCH  VIOLATION,
 DETAILING  THE  PERSON, FIRM OR CORPORATION'S REQUIREMENT TO CORRECT THE
 VIOLATION WITHIN THIRTY DAYS FROM THE DATE THE NOTICE IS SENT. A PERSON,
 FIRM OR CORPORATION 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.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00623-01-5
 A. 760                              2
 
 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.
   § 2. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
 amended  by  chapter  734  of  the  laws  of 2021, 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
 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,  ALL MONEYS
 REQUIRED TO BE DEPOSITED PURSUANT TO SECTION  27-3403  OF  THE  ENVIRON-
 MENTAL  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 subdivision five of this section.
   § 3. This act shall take effect immediately.