S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8614
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
   tee 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.
   § 2. Section 27-2713 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2713. Preemption.
   Jurisdiction in all matters pertaining to plastic bag and film plastic
 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 regu-
 lation promulgated thereto, governing the recycling of plastic bags  and
 film plastic shall, upon the effective date of this title, be preempted.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01703-01-7

 A. 8614                             2
 
 Provided  however,  nothing in this section shall preclude a person from
 coordinating for recycling or reuse the collection of  plastic  bags  or
 film plastic.
   §  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.
   §  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.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.