NY State Senate Bill 2017-S4641

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
Jan 03, 2018	referred to environmental conservation
Feb 23, 2017	referred to environmental conservation

2017-S4641 (ACTIVE) - Details

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:: 2013-2014: S7409
2015-2016: S3329
2019-2020: S2234

2017-S4641 (ACTIVE) - Summary

Relates to the recycling of plastic bags.

2017-S4641 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4641

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

 PURPOSE :

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

 EXISTING LAW :

New Law

 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 requirements 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-enforcement 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.

 LEGISLATIVE HISTORY :

02/05/15 REFERRED TO ENVIRONMENTAL CONSERVATION
01/06/16 REFERRED TO ENVIRONMENTAL CONSERVATION

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

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

2017-S4641 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4641
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2017
                                ___________
 
 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.
   § 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

 S. 4641                             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.

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Senate Bill S4641

Sponsored By

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

2017-S4641 (ACTIVE) - Details

2017-S4641 (ACTIVE) - Summary

2017-S4641 (ACTIVE) - Sponsor Memo

2017-S4641 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4641

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Sponsored By

James Sanders Jr.

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

2017-S4641 (ACTIVE) - Details

2017-S4641 (ACTIVE) - Summary

2017-S4641 (ACTIVE) - Sponsor Memo

2017-S4641 (ACTIVE) - Bill Text download pdf

Comments