NY State Senate Bill 2015-S4536

Senate Bill S4536

2015-2016 Legislative Session

Prohibits grocery stores from providing plastic carryout bags and requires grocery stores to provide recyclable paper bags at no charge to customers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Mar 26, 2015	referred to environmental conservation

2015-S4536 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2701, add §27-2706, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S108

2015-S4536 (ACTIVE) - Summary

Prohibits grocery stores from providing plastic carryout bags and requires grocery stores to provide recyclable paper bags at no charge to customers.

2015-S4536 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4536

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting grocery stores from providing plastic carryout
bags

PURPOSE:

To encourage and facilitate positive consumer behavior by
limiting/prohibiting certain grocery stores from distributing plastic
carryout bags while providing recyclable paper bags and produce bags
upon checkout.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends § 27-2701 of the environmental
conservation law as added by chapter 641 of the laws of 2008 by adding
a new subdivision providing definitions for types of paper and plastic
bags, producers and operators and stores defined as retail
establishments over ten thousand square feet that are a business chain
or operate five or more units throughout the State.

Section 2 of the bill amends § 27-2706 of the environmental
conservation law as added by chapter 641 of the laws of 2008 by adding
a new subdivision prohibiting the distribution of plastic carryout
bags. Grocery stores shall provide recyclable paper carryout bags, as

defined, at no charge to the customer at the point of sale.

Section 3 of the bill describes the effective date taking place on
January first of the next succeeding date on which it shall become
law, with exceptions.

JUSTIFICATION:

There is a pressing need to limit plastic bags from our solid waste
stream, which accounts for over 1,700 tons of residential garbage per
week in the City alone and costs taxpayers millions of dollars to
transport to landfills. As we seek to become more environmentally
sustainable, we should encourage positive consumer behavior without
burdening low to middle income households with regressive bag taxes.
This bill would allow for post-consumer recycled paper bags to be
provided at no charge to customers while still allowing produce bags
for meats and produce, saving money to municipalities and mitigating
damage to our environment.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

EFFECTIVE DATE:

This act shall take effect on the first of January succeeding the date
passed, with exceptions.

2015-S4536 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4536

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting grocery stores from providing plastic carryout bags

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4  of  section  27-2701  of  the  environmental
conservation  law,  as  added  by  chapter  641  of the laws of 2008, is
amended and four new subdivisions 8, 9, 10 and 11 are added to  read  as
follows:
  4. "Plastic carryout bag" means a [plastic carryout] bag MADE PREDOMI-
NANTLY OF ANY TYPE OF PLASTIC WHICH IS provided by a store to a customer
at  the point of sale, BUT DOES NOT INCLUDE REUSABLE BAGS, PRODUCE BAGS,
OR PRODUCT BAGS AS DEFINED IN THIS SECTION.
  8. "GROCERY STORE" MEANS A RETAIL ESTABLISHMENT WHERE  PRODUCE,  MEATS
OR  OTHER  FOOD ITEMS ARE REGULARLY AND CUSTOMARILY SOLD FOR CONSUMPTION
OFF THE PREMISES.
  9. "PRODUCE BAG" OR "PRODUCT BAG" MEANS ANY BAG WITHOUT  HANDLES  USED
EXCLUSIVELY TO CARRY PRODUCE, MEATS, OR OTHER FOOD ITEMS TO THE POINT OF
SALE  INSIDE  A  STORE  OR  TO  PREVENT SUCH FOOD ITEMS FROM COMING INTO
DIRECT CONTACT WITH OTHER PURCHASED ITEMS.
  10. "RECYCLABLE" MEANS MATERIAL THAT  CAN  BE  SORTED,  CLEANSED,  AND
RECONSTITUTED  USING  AVAILABLE  RECYCLING  COLLECTION  PROGRAMS FOR THE
PURPOSE OF USING THE MATERIAL IN  THE  MANUFACTURE  OF  A  NEW  PRODUCT.
"RECYCLING"  DOES  NOT INCLUDE BURNING, INCINERATING, OR OTHERWISE THER-
MALLY DESTROYING SOLID WASTE.
  11. "RECYCLABLE PAPER CARRYOUT BAG" MEANS A PAPER BAG THAT  MEETS  ALL
OF  THE  FOLLOWING  REQUIREMENTS:  (A) IS ONE HUNDRED PERCENT RECYCLABLE
OVERALL AND CONTAINS A MINIMUM OF EIGHTY PERCENT RECYCLED MATERIAL;  (B)
DISPLAYS THE WORD "RECYCLABLE" IN A HIGHLY VISIBLE MANNER ON THE OUTSIDE
OF THE BAG; AND (C) HAS PRINTED ON THE BAG THE NAME OF THE MANUFACTURER,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07232-01-5

S. 4536                             2

THE  LOCATION (COUNTRY) WHERE THE BAG WAS MANUFACTURED, AND THE PERCENT-
AGE OF RECYCLED MATERIAL USED.
  S  2.  The  environmental  conservation law is amended by adding a new
section 27-2706 to read as follows:
S 27-2706. PROHIBITION OF PLASTIC BAGS.
  1. NO GROCERY STORE LOCATED IN THE STATE MAY DISTRIBUTE PLASTIC CARRY-
OUT BAGS AS DEFINED IN SECTION 27-2701 OF THIS TITLE.
  2. SUCH PROHIBITION SHALL APPLY TO BAGS PROVIDED FOR  THE  PURPOSE  OF
CARRYING  AWAY  GOODS  FROM  THE  POINT  OF  SALE AND SHALL NOT APPLY TO
PRODUCE BAGS OR PRODUCT BAGS  AS  SUCH  TERMS  ARE  DEFINED  IN  SECTION
27-2701 OF THIS TITLE.
  3. ALL GROCERY STORES SHALL PROVIDE RECYCLABLE PAPER CARRYOUT BAGS, AS
DEFINED IN SECTION 27-2701 OF THIS TITLE, AT THE POINT OF SALE AND AT NO
CHARGE TO THE CUSTOMER.
  4. NOTHING IN THIS SECTION SHALL BE READ TO PRECLUDE ANY ESTABLISHMENT
FROM  MAKING REUSABLE BAGS, AS DEFINED IN SECTION 27-2701 OF THIS TITLE,
AVAILABLE TO CUSTOMERS BY SALE OR OTHERWISE.
  5. NOTHING IN THIS SECTION SHALL BE READ TO PRECLUDE ANY ESTABLISHMENT
FROM PROVIDING PRODUCE BAGS OR  PRODUCT  BAGS,  AS  DEFINED  IN  SECTION
27-2701 OF THIS TITLE, TO THEIR CUSTOMERS.
  6. NOTHING IN THIS SECTION SHALL PROHIBIT CUSTOMERS FROM USING BAGS OF
ANY  TYPE  THAT THEY BRING TO THE STORE THEMSELVES OR FROM CARRYING AWAY
GOODS THAT ARE NOT PLACED IN A BAG, IN LIEU OF USING  BAGS  PROVIDED  BY
THE STORE.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  effective  immediately,  the addition and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on  or  before
such effective date.

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