NY State Senate Bill 2013-S7409

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2014	referred to environmental conservation

2013-S7409 (ACTIVE) - Details

See Assembly Version of this Bill:: A167
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2701, 27-2713 & 71-2728, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A10442
2015-2016: S3329, A5954
2017-2018: S4641, A8614
2019-2020: S2234

2013-S7409 (ACTIVE) - Summary

Relates to the recycling of plastic bags.

2013-S7409 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7409

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the recycling of plastic carryout bags and film plastic

PURPOSE OR GENERAL IDEA OF BILL:

To help support the New York State recycling program by increasing the
number of stores subject to the Plastic Bag Reduction, Reuse and Recycl-
ing Act.

SUMMARY OF PROVISIONS:

This bill amends provisions of the "Plastic Bag Reduction, Reuse and
Recycling Act" (the "Act"), which was enacted by the State in 2008.
Specifically, the bill would increase the number of stores subject to
the Act. It would also give co-enforcement authority for certain
provisions of the Act to an agency or agencies designated by the Mayor
of the City of New York.

JUSTIFICATION:

New York City's "Plastic Carryout Bag and Film Plastic Recycling Law",
signed into law by Mayor Bloomberg as Local Law No. 1 for the year 2008,
was preempted by the State's "Plastic Bag Reduction, Reuse and Recycling
Act". The City supports a uniform, comprehensive plastic bag collection

and recycling program administered by stores on a statewide basis.
However, the City's "Plastic Carryout Bag and Film Plastic Recycling
Law" law was more comprehensive because it imposed collection require-
ments on a larger number of stores.

The changes proposed in this bill would require a greater number of
stores in New York City to provide a recycling bin for collecting
unwanted plastic bags. Additionally, this bill would grant co-enforce-
ment authority to the City over certain provisions of the law, leading
to greater compliance with the recycling program by both retail stores
and by consumers, who will have greater opportunities to recycle their
unwanted plastic bags. These changes will help support the successful
City-wide recycling program that was in place before the State Act took
effect.

PRIOR LEGISLATIVE HISTORY:

2012: A10442 (Kavanagh) - Environmental Conservation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law.

2013-S7409 (ACTIVE) - Bill Text download pdf

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

                                  7409

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen. SANDERS -- 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  the
  recycling of plastic carryout bags and film plastic

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

  Section 1. Subdivision 6  of  section  27-2701  of  the  environmental
conservation  law,  as  added  by  chapter  641  of the laws of 2008, is
amended to read as follows:
  6. "Store" means a retail establishment that provides plastic carryout
bags to its customers as a result of the sale of a product and  (a)  has
over ten thousand square feet of retail space OR, IN A CITY WITH A POPU-
LATION  OF  ONE  MILLION  OR MORE, HAS OVER FIVE THOUSAND SQUARE FEET OF
RETAIL SPACE, or (b) such  retail  establishment  is  part  of  a  chain
engaged in the same general field of business [which] THAT operates five
or  more units of over five thousand square feet of retail space in this
state under common ownership and management OR, IN A CITY WITH  A  POPU-
LATION  OF  ONE  MILLION OR MORE, SUCH RETAIL ESTABLISHMENT IS PART OF A
CHAIN ENGAGED IN THE SAME GENERAL FIELD OF BUSINESS THAT  OPERATES  FIVE
OR MORE UNITS IN SUCH CITY UNDER COMMON OWNERSHIP AND MANAGEMENT.
  S  2.  Section 27-2713 of the environmental conservation law, as added
by chapter 641 of the laws of 2008, is amended to read as follows:
S 27-2713. Preemption.
  Jurisdiction in all matters pertaining to plastic bag recycling is  by
this article vested exclusively in the state, EXCEPT THAT IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, AN AGENCY OR AGENCIES DESIGNATED BY
THE MAYOR OF SUCH CITY MAY ENFORCE SECTION 27-2703 AND SUBDIVISIONS ONE,
TWO  AND  FIVE  OF  SECTION  27-2705 OF THIS TITLE. Any provision of any
local law or ordinance, or any rule or regulation  promulgated  thereto,
governing  the  recycling of plastic bags shall, upon the effective date
of this title, be preempted. Provided however, nothing in  this  section
shall  preclude  a  person  from coordinating for recycling or reuse the
collection of plastic bags.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03541-01-3

S. 7409                             2

  S 3. Subdivision 1 of section 71-2728 of the  environmental  conserva-
tion  law,  as  added  by chapter 641 of the laws of 2008, is amended to
read as follows:
  1. Any person who knowingly or intentionally violates any provision of
or  fails to perform any duty imposed pursuant to title 27 of article 27
of this chapter shall [upon the first finding of  such  a  violation  be
provided with a warning that future violations shall result in the impo-
sition  of  a fine] BE LIABLE FOR A CIVIL PENALTY.  Any person convicted
of a [second] FIRST violation shall be liable for a civil penalty not to
exceed one hundred dollars.  ANY PERSON CONVICTED OF A SECOND  VIOLATION
SHALL  BE  LIABLE  FOR  A  CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS. Any person convicted of a third or subsequent  violation  shall
be liable for a civil penalty not to exceed five hundred dollars.
  S  4. Section 71-2728 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION ONE, TWO OR  THREE  OF
THIS SECTION TO THE CONTRARY, IN A CITY WITH A POPULATION OF ONE MILLION
OR  MORE,  SECTION 27-2703 AND SUBDIVISIONS ONE, TWO AND FIVE OF SECTION
27-2705 OF THIS CHAPTER MAY ALSO BE ENFORCED BY AN  AGENCY  OR  AGENCIES
DESIGNATED  BY THE MAYOR OF SUCH CITY. ANY NOTICE OF VIOLATION ISSUED BY
AN AGENCY DESIGNATED BY THE MAYOR OF SUCH CITY CHARGING A  VIOLATION  OF
SECTION  27-2703  OR  SUBDIVISION ONE, TWO OR FIVE OF SECTION 27-2705 OF
THIS CHAPTER SHALL BE RETURNABLE TO THE ENVIRONMENTAL CONTROL  BOARD  OF
SUCH  CITY.  SUCH  ENVIRONMENTAL  CONTROL  BOARD SHALL HAVE THE POWER TO
IMPOSE  A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR THE  FIRST
VIOLATION,  NOT  TO  EXCEED  TWO  HUNDRED  FIFTY  DOLLARS FOR THE SECOND
VIOLATION AND NOT TO EXCEED FIVE HUNDRED DOLLARS FOR A THIRD  OR  SUBSE-
QUENT  VIOLATION.  ALL  CIVIL  PENALTIES  COLLECTED FOR ANY VIOLATION OF
TITLE 27 OF ARTICLE 27 OF THIS CHAPTER THAT HAVE  BEEN  IMPOSED  BY  THE
ENVIRONMENTAL  CONTROL BOARD OF SUCH CITY SHALL BE PAID INTO THE GENERAL
FUND OF SUCH CITY.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S7409

Sponsored By

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

2013-S7409 (ACTIVE) - Details

2013-S7409 (ACTIVE) - Summary

2013-S7409 (ACTIVE) - Sponsor Memo

2013-S7409 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7409

Share this bill

Sponsored By

James Sanders Jr.

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

2013-S7409 (ACTIVE) - Details

2013-S7409 (ACTIVE) - Summary

2013-S7409 (ACTIVE) - Sponsor Memo

2013-S7409 (ACTIVE) - Bill Text download pdf

Comments