S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  776--A
 
                        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 Consumer Affairs and Protection -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   use of single use plastic garment bags and dry cleaning bags
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1  of  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:
   1. "Exempt bag" means a bag:  (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  in  bulk to a consumer at the point of sale; (f) trash bags;
 (g) food storage bags; (h) [garment bags; (i)] bags prepackaged for sale
 to a customer; [(j)] (I) plastic carryout bags provided by a restaurant,
 tavern or similar food service establishment, as defined  in  the  state
 sanitary  code,  to carryout or deliver food; or [(k)] (J) bags provided
 by a pharmacy to carry prescription drugs.
   § 2. Subdivision 7 of section 27-2701 of the  environmental  conserva-
 tion  law,  as  added  by chapter 481 of the laws of 2014, is amended to
 read as follows:
   7. "Film plastic" means uncontaminated non-rigid film plastic  packag-
 ing  products  composed  of  plastic  resins, which include, but are not
 limited to, newspaper bags[, dry cleaning bags] and shrink-wrap.
   § 3. Subdivisions 4 and 5 of  section  27-2705  of  the  environmental
 conservation law, subdivision 4 as amended by chapter 481 of the laws of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00648-03-5
 A. 776--A                           2
 
 2014  and subdivision 5 as added by chapter 641 of the laws of 2008, are
 amended and a new subdivision 6 is added to read as follows:
   4.  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  film  plastic collected by weight, provided however
 that stores or its agents may weigh such  bags,  film  plastic  and  any
 other  in-store  plastic recycling at a regional collection center. Such
 records shall be made available  to  the  department  upon  request,  to
 demonstrate compliance with this title; [and]
   5.  the  operator  of the store to (a) make reusable bags available to
 customers within the store for purchase, and (b) permit a reuseable  bag
 to be used in lieu of a plastic carryout bag or paper bag[.]; AND
   6.  A  RETAIL  DRY  CLEANING  ESTABLISHMENT  MAY  RETURN CLOTHING TO A
 CUSTOMER IN A REUSABLE BAG PROVIDED BY SUCH CUSTOMER OR OFFER FOR SALE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.