NY State Senate Bill 2017-S8257

Archive: Last Bill Status - In Senate Committee Rules 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
Apr 24, 2018	referred to rules

2017-S8257 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §27-2708, amd §27-2713, En Con L

2017-S8257 (ACTIVE) - Summary

Prohibits the provision of plastic carryout bags at any point of sale to customers beginning January 1, 2019.

2017-S8257 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8257

SPONSOR: RULES
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting plastic carryout bags

 
PURPOSE OF THE BILL:

This bill would amend the environmental conservation law to impose a ban
on plastic carryout bags.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new section 27-2708 to the environ-
mental conservation law (ECL) to prohibit the provision of plastic
carryout bags to customers at the point of sale beginning January 1,
2019.

Section 2 of this bill would amend section 27-2713 of the ECL, describ-

ing preemption.

Section 3 of this bill provides for an immediate effective date.

 
JUSTIFICATION:

Throughout New York State, plastic bags have become a ubiquitous sight
on the landscape. They can be seen stuck in trees, as litter in our
neighborhoods, floating in our waterways and are a general aesthetic
eyesore of our environment. Single-use plastic bags are a detriment to
the health of communities and the environment alike. From the signif-
icant recycling and disposal issues they pose to the litter and harm to
wildlife they create, their negative impacts can be seen daily. These
problems with single-use plastic bags are not only a statewide problem
but are a national as well as international issue of concern.

Placing a ban on plastic carryout bags will result in a significant
reduction of waste, lessening these environmental impacts. New York City
alone estimates they would save $12.5 million in disposal costs by
reducing the number of disposable bags used. These costs do not include
the significant cleanup costs to remove this plastic through litter
collection programs and beach and ocean cleanup efforts.  Plastic bag
reduction further translates to reductions in the raw material and
natural resources used to make, transport, and recycle the bags. Fewer
carryout bags given away at checkout could result in decreased recycling
and disposal costs for municipalities and municipal recycling facili-
ties.

In New York State, a multitude of cities, towns or villages have enacted
plastic bag bans. This proposal will provide an incentive for consumers
to use reusable bags which have been shown to be an effective and appro-
priate means to carry products and goods. A statewide solution is neces-
sary to eliminate the costly and negative impacts of plastic bags on New
York's natural resources.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.
 
BUDGET IMPLICATIONS:

None known.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8257 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8257
 
                             I N  S E N A T E
 
                              April 24, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting plastic carryout bags
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The environmental conservation law is amended by  adding  a
 new section 27-2708 to read as follows:
 § 27-2708. PLASTIC CARRYOUT BAG PROHIBITION.
   1.  BEGINNING  JANUARY  FIRST, TWO THOUSAND NINETEEN, THE PROVISION OF
 PLASTIC CARRYOUT BAGS AT ANY POINT OF SALE TO CUSTOMERS IS PROHIBITED.
   2. THIS PROHIBITION DOES NOT APPLY TO (I) A REUSABLE BAG THAT  IS  NOT
 MADE OF FILM PLASTIC OR A COMPOSTABLE BAG; (II) A PLASTIC BAG USED SOLE-
 LY  TO  CONTAIN OR WRAP UNCOOKED MEAT, FISH, OR POULTRY; (III) A PLASTIC
 BAG USED BY A CUSTOMER SOLELY TO PACKAGE BULK  ITEMS,  SUCH  AS  FRUITS,
 VEGETABLES,  NUTS,  GRAINS,  OR CANDY; (IV) A PLASTIC BAG USED SOLELY TO
 CONTAIN FOOD SLICED TO ORDER; (V) A PLASTIC BAG USED SOLELY TO CONTAIN A
 NEWSPAPER FOR DELIVERY TO A SUBSCRIBER; (VI) PLASTIC BAGS SOLD IN  BULK;
 (VII)  A  PLASTIC  BAG PREPACKAGED FOR SALE TO A CUSTOMER INCLUDING, BUT
 NOT LIMITED TO, A TRASH BAG AND A FOOD STORAGE  BAG;  (VIII)  A  PLASTIC
 GARMENT  BAG;  (IX)  A  PLASTIC  BAG PROVIDED BY A RESTAURANT, TAVERN OR
 SIMILAR ESTABLISHMENT TO CARRY OUT OR DELIVER FOOD; OR (X) ANY OTHER BAG
 EXEMPTED BY THE DEPARTMENT IN REGULATIONS.
   § 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 AND FEES OR OTHER MEASURES ASSOCIATED WITH REDUCING THE USE OF
 SINGLE USE BAGS is by this article vested exclusively in the state.  Any
 provision  of  any  local  law  or  ordinance, or any rule or regulation
 promulgated thereto, governing the recycling of plastic  bags  and  film
 plastic  AND  FEES  OR  OTHER  MEASURES  ASSOCIATED WITH SINGLE USE BAGS
 shall, upon the effective date of this title, be  preempted.    Provided
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD12007-02-8

 S. 8257                             2
 
 however, nothing in this section shall preclude a person from coordinat-
 ing  for recycling or reuse the collection of plastic bags or film plas-
 tic.
   § 3. This act shall take effect immediately.

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Senate Bill S8257

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S8257 (ACTIVE) - Details

2017-S8257 (ACTIVE) - Summary

2017-S8257 (ACTIVE) - Sponsor Memo

2017-S8257 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8257

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S8257 (ACTIVE) - Details

2017-S8257 (ACTIVE) - Summary

2017-S8257 (ACTIVE) - Sponsor Memo

2017-S8257 (ACTIVE) - Bill Text download pdf

Comments