S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1196
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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
   certain recycling program requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 27-2705 of the environmental conservation  law,  as
 added  by  chapter  641  of the laws of 2008, subdivisions 2, 3 and 4 as
 amended by chapter 481 of the laws  of  2014,  is  amended  to  read  as
 follows:
 § 27-2705. Recycling program requirements.
   An  at-store  recycling  program  provided  by the operator of a store
 shall require:
   1. a plastic carryout bag provided by the store  to  have  printed  or
 displayed  on  the  bag,  in  a  manner visible to a consumer, the words
 "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
 er, such store shall be allowed for one year from the effective date  of
 this  subdivision  to use its existing stock of plastic carryout bags. A
 store may also apply to the commissioner for approval of an  alternative
 plastic  bag recycling message. The commissioner shall approve or reject
 the proposed message within forty-five days;
   2. a collection bin that is visible, NEAR THE ENTRANCE OF SUCH  STORE,
 IF  PRACTICABLE,  easily accessible to the consumer, and clearly marked,
 WITH A SIGN IN AT LEAST SIXTEEN POINT FONT AND PLACED  ABOVE  SUCH  BIN,
 INDICATING THAT THIS IS THE LOCATION TO RECYCLE PLASTIC BAGS, INCLUDING,
 BUT  NOT LIMITED TO, GROCERY STORE BAGS, DRY CLEANING BAGS AND NEWSPAPER
 BAGS AND that the  collection  bin  is  available  for  the  purpose  of
 collecting  and  recycling  plastic carryout bags and film plastic. This
 subdivision shall apply to stores not within an enclosed  shopping  mall
 and  stores  of  at  least fifty thousand square feet within an enclosed
 shopping mall. In the case of an enclosed shopping mall,  the  owner  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01271-01-7

 S. 1196                             2
 
 the  enclosed  mall  shall place bins at reasonable intervals throughout
 the enclosed mall area;
   3.  all  plastic carryout bags and film plastic collected by the store
 to be collected, EMPTIED REGULARLY, transported and recycled along  with
 any  other  in-store plastic recycling, except for plastic bags that are
 not sufficiently free of foreign material to enter the recycling stream.
 Plastic carryout bags and film plastic collected by  the  store  or  the
 manufacturer,  which are free of foreign material, shall not be disposed
 of in any solid waste disposal facility permitted or authorized pursuant
 to title seven of this article;
   4. the store or its agent to maintain, for a minimum of  three  years,
 records  describing  the  collection, transport and recycling of plastic
 carryout bags and film plastic collected  by  weight,  provided  however
 that  stores  or  its  agents  may weigh such bags, film plastic and any
 other in-store plastic recycling at a regional collection  center.  Such
 records  shall  be  made  available  to  the department upon request, to
 demonstrate compliance with this title; and
   5. the operator of the store to (a) make reusable  bags  available  to
 customers  within the store for purchase, and (b) permit a reuseable bag
 to be used in lieu of a plastic carryout bag or paper bag.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.