S T A T E O F N E W Y O R K
________________________________________________________________________
3912
2025-2026 Regular Sessions
I N S E N A T E
January 30, 2025
___________
Introduced by Sen. HARCKHAM -- 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 prohibiting the
purchase of single-use plastic products by state agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 165 of the state finance law is amended by adding a
new subdivision 10 to read as follows:
10. SINGLE-USE PLASTIC PRODUCTS. (A) FOR THE PURPOSES OF THIS SUBDIVI-
SION:
(I) "SINGLE USE PLASTIC PRODUCT" SHALL MEAN PLASTIC ITEMS INTENDED TO
BE DISPOSED OF IMMEDIATELY AFTER USE, INCLUDING PLASTIC AND POLYSTYRENE
FOOD AND BEVERAGE CONTAINERS, BOTTLES, STRAWS, CUPS, CUTLERY, AND
DISPOSABLE PLASTIC BAGS.
(II) "STATE AGENCY" SHALL MEAN ANY AGENCY OR DEPARTMENT OVER WHICH THE
GOVERNOR HAS EXECUTIVE AUTHORITY, INCLUDING ALL OFFICES AND DIVISIONS
THEREOF, AS WELL AS ALL PUBLIC AUTHORITIES FOR WHICH THE GOVERNOR
APPOINTS THE CHAIR, THE CHIEF EXECUTIVE, OR THE MAJORITY OF BOARD
MEMBERS, INCLUDING ALL OFFICES AND DIVISIONS THEREOF, EXCEPT FOR THE
PORT AUTHORITY OF NEW YORK AND NEW JERSEY. STATE AGENCY SHALL INCLUDE
THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK.
(B) (I) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY, A STATE AGENCY
SHALL NOT PURCHASE ANY SINGLE-USE PLASTIC PRODUCTS TO BE USED AT ANY
EVENT, BRIEFING, AND MEETINGS HOSTED OR SPONSORED BY SUCH STATE AGENCY.
(II) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, A STATE AGENCY
SHALL NOT PURCHASE ANY SINGLE-USE PLASTIC PRODUCTS.
(C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT THE
PURCHASE OF SINGLE-USE PLASTIC PRODUCTS BY A STATE AGENCY UNDER THE
FOLLOWING CIRCUMSTANCES:
(I) WHEN NO ALTERNATIVE IS AVAILABLE OR PRACTICABLE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06281-01-5
S. 3912 2
(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;
(IV) TO PREPARE FOR OR RESPOND TO AN EMERGENCY; OR
(V) WHEN NECESSARY TO PROVIDE FOR DISABILITY OR ACCESSIBILITY RELATED
ACCOMMODATIONS.
§ 2. This act shall take effect immediately.