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.