NY State Senate Bill 2017-S108

Senate Bill S108

2017-2018 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 03, 2018	referred to environmental conservation
Jan 04, 2017	referred to environmental conservation

2017-S108 (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 2015-2016 Legislative Session:: S4536

2017-S108 (ACTIVE) - Summary

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

2017-S108 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S108

 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. 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 :

S.4536 of 2015-2016 (Hoylman): Died in Environmental Conservation

 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.

2017-S108 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    108
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05602-01-7

 S. 108                              2
 
 OF THE BAG; AND (C) HAS PRINTED ON THE BAG THE NAME OF THE MANUFACTURER,
 THE  LOCATION (COUNTRY) WHERE THE BAG WAS MANUFACTURED, AND THE PERCENT-
 AGE OF RECYCLED MATERIAL USED.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 27-2706 to read as follows:
 § 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.
   §  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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