S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3044
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 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 plas-
   tic bag reduction, reuse and recycling; to  amend  the  state  finance
   law,  in  relation  to  the  reusable  grocery bag fund; and to repeal
   certain provisions of  the  environmental  conservation  law  relating
   thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 27-2701 of the environmental conservation  law,  as
 added  by chapter 641 of the laws of 2008, is REPEALED and a new section
 27-2701 is added to read as follows:
 § 27-2701. DEFINITIONS.
   1. "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   2. "POSTCONSUMER RECYCLED MATERIAL" MEANS A MATERIAL THAT WOULD OTHER-
 WISE BE DESTINED FOR SOLID WASTE DISPOSAL, HAVING COMPLETED ITS INTENDED
 END USE AND PRODUCT LIFE CYCLE. POSTCONSUMER RECYCLED MATERIAL DOES  NOT
 INCLUDE  MATERIALS  AND  BYPRODUCTS  GENERATED FROM, AND COMMONLY REUSED
 WITHIN, AN ORIGINAL MANUFACTURING AND FABRICATION PROCESS.
   3. "RECYCLED PAPER BAG" MEANS A PAPER CARRYOUT BAG PROVIDED BY A STORE
 TO A CUSTOMER AT THE POINT OF SALE  THAT  MEETS  ALL  OF  THE  FOLLOWING
 REQUIREMENTS:
   (A)  (1)  EXCEPT  AS  PROVIDED  IN SUBPARAGRAPH TWO OF THIS PARAGRAPH,
 CONTAINS A MINIMUM OF FORTY PERCENT POSTCONSUMER RECYCLED MATERIALS.
   (2) AN EIGHT POUND OR SMALLER RECYCLED PAPER BAG SHALL CONTAIN A MINI-
 MUM OF TWENTY PERCENT POSTCONSUMER RECYCLED MATERIAL.
   (B) IS ACCEPTED FOR RECYCLING IN CURBSIDE PROGRAMS IN  A  MAJORITY  OF
 HOUSEHOLDS THAT HAVE ACCESS TO CURBSIDE RECYCLING PROGRAMS IN THE STATE.
   (C)  HAS  PRINTED ON THE BAG THE NAME OF THE MANUFACTURER, THE COUNTRY
 WHERE THE BAG WAS MANUFACTURED, AND THE MINIMUM PERCENTAGE  OF  POSTCON-
 SUMER CONTENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09174-01-9

 S. 3044                             2
 
   4. "REUSABLE GROCERY BAG" MEANS A BAG THAT IS PROVIDED BY A STORE TO A
 CUSTOMER  AT  THE  POINT  OF SALE THAT MEETS THE REQUIREMENTS OF SECTION
 27-2703 OF THIS TITLE.
   5.  (A)  "REUSABLE GROCERY BAG PRODUCER" MEANS A PERSON OR ENTITY THAT
 DOES ANY OF THE FOLLOWING:
   (1) MANUFACTURES REUSABLE GROCERY BAGS FOR SALE OR DISTRIBUTION  TO  A
 STORE.
   (2)  IMPORTS  REUSABLE  GROCERY  BAGS  INTO  THIS  STATE,  FOR SALE OR
 DISTRIBUTION TO A STORE.
   (3) SELLS OR DISTRIBUTES REUSABLE BAGS TO A STORE.
   (B) "REUSABLE GROCERY BAG PRODUCER" DOES NOT  INCLUDE  A  STORE,  WITH
 REGARD  TO  A  REUSABLE GROCERY BAG FOR WHICH THERE IS A MANUFACTURER OR
 IMPORTER, AS SPECIFIED IN SUBPARAGRAPH ONE OR TWO OF  PARAGRAPH  (A)  OF
 THIS SUBDIVISION.
   6.  (A)  "SINGLE-USE CARRYOUT BAG" MEANS A BAG MADE OF PLASTIC, PAPER,
 OR OTHER MATERIAL THAT IS PROVIDED BY A STORE TO A CUSTOMER AT THE POINT
 OF SALE AND THAT IS NOT A RECYCLED PAPER BAG OR A REUSABLE  GROCERY  BAG
 THAT MEETS THE REQUIREMENTS OF SECTION 27-2703 OF THIS TITLE.
   (B) A SINGLE-USE CARRYOUT BAG DOES NOT INCLUDE ANY OF THE FOLLOWING:
   (1) A BAG PROVIDED BY A PHARMACY.
   (2) A NONHANDLED BAG USED TO PROTECT A PURCHASED ITEM FROM DAMAGING OR
 CONTAMINATING OTHER PURCHASED ITEMS WHEN PLACED IN A RECYCLED PAPER BAG,
 A REUSABLE GROCERY BAG, OR A COMPOSTABLE PLASTIC BAG.
   (3) A BAG PROVIDED TO CONTAIN AN UNWRAPPED FOOD ITEM.
   (4)  A  NONHANDLED  BAG THAT IS DESIGNED TO BE PLACED OVER ARTICLES OF
 CLOTHING ON A HANGER.
   7. "STORE" MEANS A RETAIL ESTABLISHMENT THAT MEETS ANY OF THE  FOLLOW-
 ING REQUIREMENTS:
   (A)  A FULL-LINE, SELF-SERVICE RETAIL STORE WITH GROSS ANNUAL SALES OF
 TWO MILLION DOLLARS OR MORE THAT SELLS A LINE OF DRY  GROCERIES,  CANNED
 GOODS, OR NONFOOD ITEMS, AND SOME PERISHABLE ITEMS.
   (B)  HAS AT LEAST TEN THOUSAND SQUARE FEET OF RETAIL SPACE THAT GENER-
 ATES SALES OR USE TAX.
   (C) IS A CONVENIENCE FOOD STORE, DELI, FOODMART, OR OTHER ENTITY  THAT
 IS  ENGAGED  IN  THE  RETAIL  SALE OF A LIMITED LINE OF GOODS, GENERALLY
 INCLUDING MILK, BREAD, SODA, AND SNACK FOODS.
   (D) IS A CONVENIENCE FOOD STORE, DELI, FOODMART, OR OTHER ENTITY  THAT
 IS  ENGAGED  IN THE RETAIL SALE OF GOODS INTENDED TO BE CONSUMED OFF THE
 PREMISES.
   (E) IS NOT OTHERWISE SUBJECT TO PARAGRAPHS (A), (B), (C),  OR  (D)  OF
 THIS  SUBDIVISION,  IF  THE  RETAIL  ESTABLISHMENT VOLUNTARILY AGREES TO
 COMPLY WITH THE REQUIREMENTS IMPOSED  UPON  A  STORE  PURSUANT  TO  THIS
 TITLE,  IRREVOCABLY NOTIFIES THE DEPARTMENT OF ITS INTENT TO COMPLY WITH
 THE REQUIREMENTS IMPOSED UPON  A  STORE  PURSUANT  TO  THIS  TITLE,  AND
 COMPLIES  WITH THE REQUIREMENTS ESTABLISHED PURSUANT TO SUBDIVISION FIVE
 OF SECTION 27-2702 OF THIS TITLE.
   § 2. Section 27-2703 of the environmental conservation law,  as  added
 by  chapter  641  of  the  laws  of  2008, is REPEALED and a new section
 27-2703 is added to read as follows:
 § 27-2703. STORE OPERATOR RESPONSIBILITIES.
   1. ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY, A STORE,  AS  DEFINED
 IN  PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION 27-2701 OF THIS
 TITLE, MAY SELL OR DISTRIBUTE A REUSABLE GROCERY BAG TO  A  CUSTOMER  AT
 THE  POINT OF SALE ONLY IF THE REUSABLE BAG IS MADE BY A PRODUCER CERTI-
 FIED PURSUANT TO THIS SECTION TO MEET ALL OF THE FOLLOWING REQUIREMENTS:

 S. 3044                             3
 
   (A) HAS A HANDLE AND IS DESIGNED FOR AT LEAST ONE HUNDRED  TWENTY-FIVE
 USES, AS PROVIDED IN THIS TITLE.
   (B) HAS A VOLUME CAPACITY OF AT LEAST FIFTEEN LITERS.
   (C)  IS  MACHINE  WASHABLE OR MADE FROM A MATERIAL THAT CAN BE CLEANED
 AND DISINFECTED.
   (D) HAS PRINTED ON THE BAG, OR ON A TAG ATTACHED TO THE  BAG  THAT  IS
 NOT INTENDED TO BE REMOVED, AND IN A MANNER VISIBLE TO THE CONSUMER, ALL
 OF THE FOLLOWING INFORMATION:
   (1) THE NAME OF THE MANUFACTURER.
   (2) THE COUNTRY WHERE THE BAG WAS MANUFACTURED.
   (3)  A  STATEMENT  THAT  THE BAG IS A REUSABLE BAG AND DESIGNED FOR AT
 LEAST ONE HUNDRED TWENTY-FIVE USES.
   (4) IF THE BAG IS ELIGIBLE FOR RECYCLING IN THE STATE, INSTRUCTIONS TO
 RETURN THE BAG TO THE STORE FOR  RECYCLING  OR  TO  ANOTHER  APPROPRIATE
 RECYCLING  LOCATION.  IF  RECYCLABLE IN THE STATE, THE BAG SHALL INCLUDE
 THE CHASING ARROWS RECYCLING SYMBOL OR THE TERM "RECYCLABLE", CONSISTENT
 WITH THE FEDERAL TRADE  COMMISSION  GUIDELINES  USE  OF  THAT  TERM,  AS
 UPDATED.
   (E)  DOES  NOT CONTAIN LEAD, CADMIUM, OR ANY OTHER TOXIC MATERIAL THAT
 MAY POSE A THREAT TO PUBLIC HEALTH.  A  REUSABLE  BAG  MANUFACTURER  MAY
 DEMONSTRATE COMPLIANCE WITH THIS REQUIREMENT BY OBTAINING A NO OBJECTION
 LETTER FROM THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   (F)  COMPLIES  WITH  SECTION 260.12 OF PART TWO HUNDRED SIXTY OF TITLE
 SIXTEEN OF THE CODE OF FEDERAL REGULATIONS RELATED TO RECYCLABLE  CLAIMS
 IF  THE  REUSABLE  GROCERY  BAG PRODUCER MAKES A CLAIM THAT THE REUSABLE
 GROCERY BAG IS RECYCLABLE.
   2. (A) IN ADDITION TO THE REQUIREMENTS  IN  SUBDIVISION  ONE  OF  THIS
 SECTION, A REUSABLE GROCERY BAG MADE FROM PLASTIC FILM SHALL MEET ALL OF
 THE FOLLOWING REQUIREMENTS:
   (1)  ON  AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, IT SHALL BE
 MADE FROM A MINIMUM OF TWENTY PERCENT POSTCONSUMER RECYCLED MATERIAL.
   (2) ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, IT  SHALL  BE
 MADE FROM A MINIMUM OF FORTY PERCENT POSTCONSUMER RECYCLED MATERIAL.
   (3)  IT  SHALL BE RECYCLABLE IN THIS STATE, AND ACCEPTED FOR RETURN AT
 STORES SUBJECT TO ANY AT-STORE RECYCLING PROGRAM FOR RECYCLING.
   (4) IT SHALL HAVE, IN ADDITION  TO  THE  INFORMATION  REQUIRED  TO  BE
 PRINTED  ON  THE BAG OR ON A TAG, PURSUANT TO SUBPARAGRAPH FOUR OF PARA-
 GRAPH (D) OF SUBDIVISION ONE OF THIS SECTION, A STATEMENT THAT  THE  BAG
 IS MADE PARTLY OR WHOLLY FROM POSTCONSUMER RECYCLED MATERIAL AND STATING
 THE POSTCONSUMER RECYCLED MATERIAL CONTENT PERCENTAGE, AS APPLICABLE.
   (5)  IT SHALL BE CAPABLE OF CARRYING TWENTY-TWO POUNDS OVER A DISTANCE
 OF ONE HUNDRED SEVENTY-FIVE FEET FOR A MINIMUM OF  ONE  HUNDRED  TWENTY-
 FIVE  USES AND BE AT LEAST 2.25 MILLIMETERS THICK, MEASURED ACCORDING TO
 THE AMERICAN SOCIETY OF TESTING AND MATERIALS STANDARD D6988-13.
   (B) A REUSABLE GROCERY BAG MADE FROM PLASTIC FILM THAT MEETS THE SPEC-
 IFICATIONS OF THE AMERICAN SOCIETY OF  TESTING  AND  MATERIALS  INTERNA-
 TIONAL   STANDARD  SPECIFICATION  FOR  COMPOSTABLE  PLASTICS  D6400,  AS
 UPDATED, IS NOT REQUIRED TO MEET THE REQUIREMENTS OF SUBPARAGRAPH ONE OR
 TWO OF PARAGRAPH (A) OF SUBDIVISION THREE OF  SECTION  27-2701  OF  THIS
 TITLE.
   3. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION,
 A REUSABLE GROCERY BAG THAT IS NOT MADE OF PLASTIC FILM AND THAT IS MADE
 FROM  ANY  OTHER NATURAL OR SYNTHETIC FABRIC, INCLUDING, BUT NOT LIMITED
 TO, WOVEN OR NONWOVEN NYLON, POLYPROPYLENE,  POLYETHYLENE-TEREPHTHALATE,
 OR TYVEK, SHALL SATISFY ALL OF THE FOLLOWING:
   (A) IT SHALL BE SEWN.

 S. 3044                             4
 
   (B)  IT SHALL BE CAPABLE OF CARRYING TWENTY-TWO POUNDS OVER A DISTANCE
 OF ONE HUNDRED SEVENTY-FIVE FEET FOR A MINIMUM OF  ONE  HUNDRED  TWENTY-
 FIVE USES.
   (C) IT SHALL HAVE A MINIMUM FABRIC WEIGHT OF AT LEAST EIGHTY GRAMS PER
 SQUARE METER.
   4. ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY, A STORE AS DEFINED IN
 PARAGRAPH  (C),  (D)  OR  (E) OF SUBDIVISION SEVEN OF SECTION 27-2701 OF
 THIS TITLE, SHALL COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
   § 3. Section 27-2707 of the environmental conservation law is REPEALED
 and a new section 27-2707 is added to read as follows:
 § 27-2707. MANUFACTURER RESPONSIBILITIES.
   ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY, A PRODUCER  OF  REUSABLE
 GROCERY BAGS MADE FROM PLASTIC FILM SHALL NOT SELL OR DISTRIBUTE A REUS-
 ABLE  GROCERY  BAG  IN  THIS STATE UNLESS THE PRODUCER IS CERTIFIED BY A
 THIRD-PARTY CERTIFICATION ENTITY PURSUANT TO  SECTION  27-2709  OF  THIS
 TITLE. A PRODUCER SHALL PROVIDE PROOF OF CERTIFICATION TO THE DEPARTMENT
 DEMONSTRATING  THAT  THE  REUSABLE GROCERY BAGS PRODUCED BY THE PRODUCER
 COMPLY WITH THE PROVISIONS OF THIS TITLE.  THE  PROOF  OF  CERTIFICATION
 SHALL INCLUDE ALL OF THE FOLLOWING:
   1.  NAMES,  LOCATIONS,  AND  CONTACT  INFORMATION  OF  ALL  SOURCES OF
 POSTCONSUMER RECYCLED MATERIAL AND SUPPLIERS  OF  POSTCONSUMER  RECYCLED
 MATERIAL.
   2.  QUANTITY  AND DATES OF POSTCONSUMER RECYCLED MATERIAL PURCHASES BY
 THE REUSABLE GROCERY BAG PRODUCER.
   3. HOW THE POSTCONSUMER RECYCLED MATERIAL IS OBTAINED.
   4. INFORMATION DEMONSTRATING THAT THE POSTCONSUMER  RECYCLED  MATERIAL
 IS CLEANED USING APPROPRIATE WASHING EQUIPMENT.
   § 4. Section 27-2709 of the environmental conservation law is REPEALED
 and a new section 27-2709 is added to read as follows:
 § 27-2709. DEPARTMENT RESPONSIBILITIES.
   1.  (A)  COMMENCING  ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY, THE
 CERTIFICATION CONDUCTED BY A THIRD-PARTY CERTIFICATION ENTITY, SUBMITTED
 UNDER PENALTY OF PERJURY, FOR EACH TYPE OF REUSABLE GROCERY BAG THAT  IS
 MANUFACTURED,  IMPORTED,  SOLD, OR DISTRIBUTED IN THE STATE AND PROVIDED
 TO A STORE FOR SALE OR DISTRIBUTION, AT THE POINT OF  SALE,  THAT  MEETS
 ALL  THE  APPLICABLE  REQUIREMENTS  OF  THIS TITLE. THE PROOF OF CERTIF-
 ICATION SHALL BE ACCOMPANIED BY A CERTIFICATION FEE, ESTABLISHED  PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION.
   (B)  A  REUSABLE GROCERY BAG PRODUCER SHALL RESUBMIT TO THE DEPARTMENT
 PROOF OF CERTIFICATION AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION
 ON BIENNIAL BASIS. A REUSABLE GROCERY BAG  PRODUCER  SHALL  PROVIDE  THE
 DEPARTMENT  WITH AN UPDATED PROOF OF CERTIFICATION CONDUCTED BY A THIRD-
 PARTY CERTIFICATION ENTITY  IF  ANY  MODIFICATION  THAT  IS  NOT  SOLELY
 AESTHETIC  IS  MADE  TO  A PREVIOUSLY CERTIFIED REUSABLE BAG. FAILURE TO
 COMPLY WITH THIS SUBDIVISION SHALL RESULT IN  REMOVAL  OF  THE  RELEVANT
 INFORMATION  POSTED  ON  THE  DEPARTMENT'S WEB SITE PURSUANT TO SUBPARA-
 GRAPHS (1) AND (2) OF PARAGRAPH (E) OF THIS SUBDIVISION FOR  EACH  REUS-
 ABLE  BAG  THAT  LACKS  AN UPDATED PROOF OF CERTIFICATION CONDUCTED BY A
 THIRD-PARTY CERTIFICATION ENTITY.
   (C) A  THIRD-PARTY  CERTIFICATION  ENTITY  SHALL  BE  AN  INDEPENDENT,
 ACCREDITED  ISO/IEC 17025 LABORATORY. A THIRD-PARTY CERTIFICATION ENTITY
 SHALL CERTIFY  THAT  THE  PRODUCER'S  REUSABLE  GROCERY  BAGS  MEET  THE
 REQUIREMENTS OF THIS SECTION.
   (D) THE DEPARTMENT SHALL PROVIDE A SYSTEM TO RECEIVE PROOFS OF CERTIF-
 ICATION ONLINE.

 S. 3044                             5
 
   (E) ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY, THE DEPARTMENT SHALL
 PUBLISH A LIST ON ITS WEB SITE THAT INCLUDES ALL OF THE FOLLOWING:
   (1)  THE NAME, LOCATION, AND APPROPRIATE CONTACT INFORMATION OF CERTI-
 FIED REUSABLE GROCERY BAG PRODUCERS.
   (2) THE REUSABLE GROCERY BAGS OF  PRODUCERS  THAT  HAVE  PROVIDED  THE
 REQUIRED CERTIFICATION.
   (F)  A REUSABLE GROCERY BAG PRODUCER SHALL SUBMIT APPLICABLE CERTIFIED
 TEST RESULTS TO THE DEPARTMENT CONFIRMING THAT THE REUSABLE GROCERY  BAG
 MEETS  THE  REQUIREMENTS OF THIS TITLE FOR EACH TYPE OF REUSABLE GROCERY
 BAG THAT IS MANUFACTURED, IMPORTED, SOLD, OR DISTRIBUTED  IN  THE  STATE
 AND PROVIDED TO A STORE FOR SALE OR DISTRIBUTION.
   (1) A PERSON MAY OBJECT TO THE CERTIFICATION OF A REUSABLE GROCERY BAG
 PRODUCER PURSUANT TO THIS SECTION BY FILING AN ACTION FOR REVIEW OF THAT
 CERTIFICATION  IN  THE  SUPERIOR COURT OF A COUNTY THAT HAS JURISDICTION
 OVER THE REUSABLE GROCERY BAG PRODUCER. THE COURT SHALL DETERMINE IF THE
 REUSABLE GROCERY BAG PRODUCER IS IN COMPLIANCE WITH THE REQUIREMENTS  OF
 THIS TITLE.
   (2)  A  REUSABLE  GROCERY  BAG  PRODUCER  WHOSE CERTIFICATION IS BEING
 OBJECTED TO PURSUANT TO SUBPARAGRAPH ONE  OF  THIS  PARAGRAPH  SHALL  BE
 DEEMED  IN  COMPLIANCE  WITH  THIS  TITLE PENDING A DETERMINATION BY THE
 COURT.
   (3) BASED ON ITS DETERMINATION, THE COURT SHALL DIRECT THE  DEPARTMENT
 TO REMOVE THE REUSABLE GROCERY BAG PRODUCER FROM, OR RETAIN THE REUSABLE
 GROCERY BAG PRODUCER ON, ITS LIST PUBLISHED PURSUANT TO PARAGRAPH (E) OF
 THIS SUBDIVISION.
   (4)  IF  THE COURT DIRECTS THE DEPARTMENT TO REMOVE A REUSABLE GROCERY
 BAG PRODUCER FROM ITS PUBLISHED LIST, THE REUSABLE GROCERY BAG  PRODUCER
 SHALL REMAIN OFF OF THE PUBLISHED LIST FOR A PERIOD OF ONE YEAR FROM THE
 DATE OF THE COURT'S DETERMINATION.
   2.  (A)  A  REUSABLE  GROCERY BAG PRODUCER SHALL SUBMIT THE FEE ESTAB-
 LISHED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION TO  THE  DEPARTMENT
 WHEN  PROVIDING  PROOF  OF  CERTIFICATION OR RECERTIFICATION PURSUANT TO
 THIS SUBDIVISION AND SECTION 27-2707 OF THIS TITLE.
   (B) THE DEPARTMENT SHALL ESTABLISH AN ADMINISTRATIVE CERTIFICATION FEE
 SCHEDULE THAT WILL GENERATE FEE REVENUES SUFFICIENT TO  COVER,  BUT  NOT
 EXCEED,  THE  DEPARTMENT'S REASONABLE COSTS TO IMPLEMENT THIS TITLE. THE
 DEPARTMENT SHALL DEPOSIT ALL MONEYS SUBMITTED PURSUANT TO  THIS  SECTION
 INTO THE REUSABLE GROCERY BAG FUND ESTABLISHED PURSUANT TO SECTION NINE-
 TY-SEVEN-YYYY  OF  THE  STATE FINANCE LAW.   MONEYS IN THE FUND SHALL BE
 CONTINUOUSLY APPROPRIATED, WITHOUT REGARD TO FISCAL YEAR, TO THE DEPART-
 MENT FOR THE PURPOSE OF IMPLEMENTING THIS TITLE.
   § 5. Title 27 of article 27 of the environmental conservation law,  as
 added  by  chapter  641  of the laws of 2008, is amended by adding a new
 section 27-2702 to read as follows:
 § 27-2702. SINGLE USE CARRYOUT BAGS.
   1. (A) EXCEPT AS PROVIDED IN PARAGRAPH (E) OF THIS SUBDIVISION, ON AND
 AFTER JULY FIRST, TWO THOUSAND TWENTY, A STORE, AS DEFINED IN  PARAGRAPH
 (A)  OR (B) OF SUBDIVISION SEVEN OF SECTION 27-2701 OF THIS TITLE, SHALL
 NOT PROVIDE A SINGLE-USE CARRYOUT BAG TO A  CUSTOMER  AT  THE  POINT  OF
 SALE.
   (B)  (1)  ON  AND  AFTER  JULY FIRST, TWO THOUSAND TWENTY, A STORE, AS
 DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION  27-2701
 OF  THIS  TITLE,  SHALL NOT SELL OR DISTRIBUTE A REUSABLE GROCERY BAG AT
 THE POINT OF SALE EXCEPT AS PROVIDED IN THIS SUBDIVISION.
   (2) ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY, A STORE, AS  DEFINED
 IN  PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION 27-2701 OF THIS

 S. 3044                             6
 
 TITLE, MAY MAKE AVAILABLE FOR PURCHASE AT THE POINT OF SALE  A  REUSABLE
 GROCERY  BAG  THAT  MEETS  THE  REQUIREMENTS  OF SECTION 27-2703 OF THIS
 TITLE.
   (3)  ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY, A STORE, AS DEFINED
 IN PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION 27-2701 OF  THIS
 TITLE,  THAT MAKES REUSABLE GROCERY BAGS AVAILABLE FOR PURCHASE PURSUANT
 TO SUBPARAGRAPH TWO OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT  SELL
 THE REUSABLE GROCERY BAG FOR LESS THAN TEN CENTS IN ORDER TO ENSURE THAT
 THE  COST  OF  PROVIDING  A  REUSABLE GROCERY BAG IS NOT SUBSIDIZED BY A
 CUSTOMER WHO DOES NOT REQUIRE THAT BAG.
   (C) (1) ON AND AFTER JULY FIRST, TWO  THOUSAND  TWENTY,  A  STORE,  AS
 DEFINED  IN PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION 27-2701
 OF THIS TITLE, SHALL NOT SELL OR DISTRIBUTE A RECYCLED PAPER BAG  EXCEPT
 AS PROVIDED IN THIS SUBDIVISION.
   (2)  A  STORE, AS DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN
 OF SECTION 27-2701 OF THIS TITLE, MAY  MAKE  AVAILABLE  FOR  PURCHASE  A
 RECYCLED  PAPER  BAG.  ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY, THE
 STORE SHALL NOT SELL A RECYCLED PAPER BAG FOR LESS  THAN  TEN  CENTS  IN
 ORDER  TO  ENSURE THAT THE COST OF PROVIDING A RECYCLED PAPER BAG IS NOT
 SUBSIDIZED BY A CONSUMER WHO DOES NOT REQUIRE THAT BAG.
   (D) NOTWITHSTANDING ANY OTHER LAW, ON AND AFTER JULY FIRST, TWO  THOU-
 SAND  TWENTY, A STORE, AS DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVISION
 SEVEN OF SECTION 27-2701 OF THIS TITLE, THAT MAKES REUSABLE GROCERY BAGS
 OR RECYCLED PAPER BAGS AVAILABLE FOR PURCHASE AT THE POINT OF SALE SHALL
 PROVIDE A REUSABLE GROCERY BAG OR A RECYCLED PAPER BAG AT NO COST AT THE
 POINT OF SALE TO A CUSTOMER USING A PAYMENT CARD OR  VOUCHER  ISSUED  BY
 THE  NEW  YORK  SUPPLEMENTAL  NUTRITION  PROGRAM FOR WOMEN, INFANTS, AND
 CHILDREN PURSUANT TO SECTION TWENTY-FIVE HUNDRED  SEVEN  OF  THE  PUBLIC
 HEALTH  LAW  OR  AN  ELECTRONIC BENEFIT TRANSFER CARD ISSUED PURSUANT TO
 SECTION NINETY-FIVE OF THE SOCIAL SERVICES LAW.
   (E) ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY, A STORE, AS  DEFINED
 IN  PARAGRAPH (A) OR (B) OF SUBDIVISION SEVEN OF SECTION 27-2701 OF THIS
 TITLE, MAY DISTRIBUTE A COMPOSTABLE BAG AT THE POINT  OF  SALE,  IF  THE
 COMPOSTABLE BAG IS PROVIDED TO THE CONSUMER AT THE COST SPECIFIED PURSU-
 ANT  TO  SUBPARAGRAPH  TWO  OF  PARAGRAPH  (C)  OF THIS SUBDIVISION, THE
 COMPOSTABLE BAG, AT A MINIMUM, MEETS THE AMERICAN SOCIETY OF TESTING AND
 MATERIALS INTERNATIONAL STANDARD SPECIFICATION FOR COMPOSTABLE  PLASTICS
 D6400,  AS UPDATED, AND IN THE JURISDICTION WHERE THE COMPOSTABLE BAG IS
 SOLD AND IN THE JURISDICTION WHERE THE STORE IS  LOCATED,  BOTH  OF  THE
 FOLLOWING REQUIREMENTS ARE MET:
   (1)  A MAJORITY OF THE RESIDENTIAL HOUSEHOLDS IN THE JURISDICTION HAVE
 ACCESS TO CURBSIDE COLLECTION OF FOOD WASTE FOR COMPOSTING.
   (2) THE GOVERNING AUTHORITY FOR THE JURISDICTION HAS  VOTED  TO  ALLOW
 STORES  IN  THE JURISDICTION TO SELL TO CONSUMERS AT THE POINT OF SALE A
 COMPOSTABLE BAG AT A COST NOT LESS THAN THE  ACTUAL  COST  OF  THE  BAG,
 WHICH  THE  LEGISLATURE  HEREBY  FINDS TO BE NOT LESS THAN TEN CENTS PER
 BAG.
   (F) A STORE, AS DEFINED IN PARAGRAPH (A) OR (B) OF  SUBDIVISION  SEVEN
 OF  SECTION  27-2701 OF THIS TITLE, SHALL NOT REQUIRE A CUSTOMER TO USE,
 PURCHASE, OR ACCEPT A  SINGLE-USE  CARRYOUT  BAG,  RECYCLED  PAPER  BAG,
 COMPOSTABLE  BAG,  OR REUSABLE GROCERY BAG AS A CONDITION OF SALE OF ANY
 PRODUCT.
   2. ON AND AFTER JULY FIRST,  TWO  THOUSAND  TWENTY-ONE,  A  STORE,  AS
 DEFINED  IN  PARAGRAPH  (C),  (D) OR (E) OF SUBDIVISION SEVEN OF SECTION
 27-2701 OF THIS TITLE, SHALL COMPLY WITH THE SAME REQUIREMENTS  OF  THIS

 S. 3044                             7
 
 SECTION  THAT  ARE  IMPOSED UPON A STORE, AS DEFINED IN PARAGRAPH (A) OR
 (B) OF SUBDIVISION SEVEN OF SECTION 27-2701 OF THIS TITLE.
   3.  (A) THE OPERATOR OF A STORE, AS DEFINED IN PARAGRAPH (A) OR (B) OF
 SUBDIVISION SEVEN OF SECTION 27-2701 OF THIS TITLE THAT  MAKES  RECYCLED
 PAPER  OR REUSABLE GROCERY BAGS AVAILABLE AT THE POINT OF SALE, SHALL BE
 SUBJECT TO THE PROVISIONS OF THE AT-STORE RECYCLING PROGRAM  ESTABLISHED
 PURSUANT TO SECTION 27-2705 OF THIS TITLE.
   (B)  A  STORE THAT VOLUNTARILY AGREES TO COMPLY WITH THE PROVISIONS OF
 THIS TITLE PURSUANT TO SUBDIVISION SEVEN  OF  SECTION  27-2701  OF  THIS
 TITLE,  SHALL  ALSO COMPLY WITH THE PROVISIONS OF THE AT-STORE RECYCLING
 PROGRAM ESTABLISHED PURSUANT TO SECTION 27-2705 OF THIS TITLE.
   4. ALL MONEYS COLLECTED PURSUANT TO THIS TITLE SHALL  BE  RETAINED  BY
 THE STORE AND MAY BE USED ONLY FOR THE FOLLOWING PURPOSES:
   (A)  COSTS  ASSOCIATED  WITH  COMPLYING  WITH THE REQUIREMENTS OF THIS
 TITLE.
   (B) ACTUAL COSTS OF PROVIDING RECYCLED PAPER BAGS OR REUSABLE  GROCERY
 BAGS.
   (C)  COSTS  ASSOCIATED  WITH A STORE'S EDUCATIONAL MATERIALS OR EDUCA-
 TIONAL CAMPAIGN ENCOURAGING THE USE OF REUSABLE GROCERY BAGS.
   5. (A) A RETAIL ESTABLISHMENT NOT SPECIFICALLY REQUIRED TO COMPLY WITH
 THE REQUIREMENTS OF THIS TITLE IS ENCOURAGED TO REDUCE ITS  DISTRIBUTION
 OF SINGLE-USE PLASTIC CARRYOUT BAGS.
   (B) PURSUANT TO THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION 27-2701
 OF  THIS  TITLE,  ANY  RETAIL  ESTABLISHMENT THAT IS NOT A "STORE", THAT
 PROVIDES THE DEPARTMENT WITH THE IRREVOCABLE WRITTEN NOTICE AS SPECIFIED
 IN PARAGRAPH (C) OF THIS SUBDIVISION SHALL BE REGULATED AS A "STORE" FOR
 THE PURPOSES OF THIS TITLE.
   (C) THE IRREVOCABLE WRITTEN NOTICE SHALL BE DATED  AND  SIGNED  BY  AN
 AUTHORIZED REPRESENTATIVE OF THE RETAIL ESTABLISHMENT, AND SHALL INCLUDE
 THE  NAME  AND  PHYSICAL  ADDRESS OF ALL RETAIL LOCATIONS COVERED BY THE
 NOTICE. THE DEPARTMENT SHALL ACKNOWLEDGE RECEIPT OF THE NOTICE IN  WRIT-
 ING  AND  SHALL  SPECIFY THE DATE THE RETAIL ESTABLISHMENT WILL BE REGU-
 LATED AS A "STORE", WHICH SHALL NOT BE LESS THAN THIRTY DAYS  AFTER  THE
 DATE  OF  THE  DEPARTMENT'S ACKNOWLEDGMENT. THE DEPARTMENT SHALL POST ON
 ITS WEB SITE, ORGANIZED BY COUNTY, THE NAME  AND  PHYSICAL  LOCATION  OR
 LOCATIONS  OF EACH RETAIL ESTABLISHMENT THAT HAS ELECTED TO BE REGULATED
 AS A "STORE".
   § 6. Title 27 of article 27 of the environmental conservation law,  as
 added  by  chapter  641  of the laws of 2008, is amended by adding a new
 section 27-2712 to read as follows:
 § 27-2712. ENFORCEMENT.
   1. A CITY, A COUNTY, A CITY AND COUNTY, OR  THE  STATE  MAY  IMPOSE  A
 CIVIL  LIABILITY  ON  A  PERSON  OR  ENTITY THAT KNOWINGLY VIOLATED THIS
 TITLE, OR REASONABLY SHOULD HAVE KNOWN THAT IT VIOLATED THIS  TITLE,  IN
 THE  AMOUNT  OF  ONE THOUSAND DOLLARS PER DAY FOR THE FIRST VIOLATION OF
 THIS TITLE, TWO THOUSAND DOLLARS PER DAY FOR THE SECOND  VIOLATION,  AND
 FIVE THOUSAND DOLLARS PER DAY FOR THE THIRD AND SUBSEQUENT VIOLATIONS.
   2.  ANY  CIVIL PENALTIES COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL BE PAID TO THE OFFICE OF THE CITY ATTORNEY, CITY  PROSECU-
 TOR,  DISTRICT  ATTORNEY,  OR ATTORNEY GENERAL, WHICHEVER OFFICE BROUGHT
 THE ACTION. THE PENALTIES COLLECTED PURSUANT  TO  THIS  SECTION  BY  THE
 ATTORNEY GENERAL MAY BE EXPENDED BY THE ATTORNEY GENERAL, UPON APPROPRI-
 ATION BY THE LEGISLATURE, TO ENFORCE THIS TITLE.
   § 7. Section 27-2713 of the environmental conservation law is REPEALED
 and a new section 27-2713 is added to read as follows:
 § 27-2713. PREEMPTION.

 S. 3044                             8
 
   1. EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, THIS TITLE
 IS A MATTER OF STATEWIDE INTEREST AND CONCERN AND IS APPLICABLE UNIFORM-
 LY  THROUGHOUT  THE  STATE.   ACCORDINGLY, THIS TITLE OCCUPIES THE WHOLE
 FIELD OF REGULATION OF REUSABLE GROCERY BAGS, SINGLE-USE CARRYOUT  BAGS,
 AND  RECYCLED PAPER BAGS, AS DEFINED IN THIS TITLE, PROVIDED BY A STORE,
 AS DEFINED IN THIS TITLE.
   2. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY, A CITY, COUNTY, OR
 OTHER LOCAL PUBLIC AGENCY SHALL NOT ENFORCE, OR OTHERWISE IMPLEMENT,  AN
 ORDINANCE,  RESOLUTION,  REGULATION,  OR RULE, OR ANY AMENDMENT THERETO,
 ADOPTED ON OR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,  RELATING  TO
 REUSABLE GROCERY BAGS, SINGLE-USE CARRYOUT BAGS, OR RECYCLED PAPER BAGS,
 AGAINST  A  STORE, AS DEFINED IN THIS TITLE, UNLESS EXPRESSLY AUTHORIZED
 BY THIS TITLE.
   3. (A) A CITY, COUNTY, OR OTHER LOCAL PUBLIC AGENCY THAT HAS  ADOPTED,
 BEFORE  THE  EFFECTIVE  DATE  OF THIS SECTION, AN ORDINANCE, RESOLUTION,
 REGULATION, OR RULE RELATING TO REUSABLE GROCERY BAGS, SINGLE-USE CARRY-
 OUT BAGS, OR RECYCLED PAPER BAGS MAY CONTINUE TO ENFORCE  AND  IMPLEMENT
 THAT  ORDINANCE,  RESOLUTION,  REGULATION,  OR  RULE  THAT WAS IN EFFECT
 BEFORE THAT DATE.  ANY AMENDMENTS TO THAT ORDINANCE,  RESOLUTION,  REGU-
 LATION, OR RULE ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, SHALL BE
 SUBJECT  TO SUBDIVISION TWO OF THIS SECTION, EXCEPT THE CITY, COUNTY, OR
 OTHER LOCAL PUBLIC AGENCY MAY ADOPT OR AMEND AN  ORDINANCE,  RESOLUTION,
 REGULATION,  OR  RULE  TO  INCREASE THE AMOUNT THAT A STORE SHALL CHARGE
 WITH REGARD TO A  RECYCLED  PAPER  BAG,  COMPOSTABLE  BAG,  OR  REUSABLE
 GROCERY  BAG  TO NO LESS THAN THE AMOUNT SPECIFIED IN SECTION 27-2702 OF
 THIS TITLE.
   (B) A CITY, COUNTY, OR OTHER LOCAL PUBLIC AGENCY NOT COVERED BY  PARA-
 GRAPH  (A)  OF  THIS SUBDIVISION THAT, BEFORE THE EFFECTIVE DATE OF THIS
 SECTION, HAS PASSED A  FIRST  READING  OF  AN  ORDINANCE  OR  RESOLUTION
 EXPRESSING  THE  INTENT TO RESTRICT SINGLE-USE CARRYOUT BAGS AND, BEFORE
 JANUARY FIRST, TWO THOUSAND TWENTY,  ADOPTS  AN  ORDINANCE  TO  RESTRICT
 SINGLE-USE  CARRYOUT  BAGS,  MAY  CONTINUE  TO ENFORCE AND IMPLEMENT THE
 ORDINANCE THAT WAS IN EFFECT BEFORE JANUARY FIRST, TWO THOUSAND TWENTY.
   § 8. The state finance law is amended by adding a new section  97-yyyy
 to read as follows:
   §  97-YYYY.  REUSABLE GROCERY BAG FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE COMMISSIONER OF THE DEPARTMENT  OF  ENVIRON-
 MENTAL CONSERVATION AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "REUS-
 ABLE GROCERY BAG FUND".
   2.  THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
 ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO  BE
 PAID  INTO  OR  CREDITED  TO  SUCH FUND. WHENEVER A LAWSUIT RESULTS IN A
 CIVIL JUDGMENT FOR EXPENSES ALREADY PAID FOR BY THE FUND,  THAT  PORTION
 OF  THE  CIVIL  JUDGMENT  SHALL BE PAID INTO THE FUND. NOTHING CONTAINED
 HEREIN SHALL PREVENT THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION  FROM
 RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR THE PURPOSES OF THE FUND AS
 DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND  ACCORDING  TO
 LAW.
   3.  MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE PURSUANT TO
 SECTION 27-2709 OF THE ENVIRONMENTAL CONSERVATION LAW.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMIS-
 SIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   § 9. This act shall take effect immediately.