NY State Senate Bill 2019-S7129

Senate Bill S7129

2019-2020 Legislative Session

Relates to requiring state and municipal agencies to purchase compostable single use tableware

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 08, 2020	referred to environmental conservation

2019-S7129 (ACTIVE) - Details

See Assembly Version of this Bill:: A1437
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3003, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10948
2021-2022: S1581, A3105, A7201
2023-2024: S3224

2019-S7129 (ACTIVE) - Summary

Relates to requiring state and municipal agencies to purchase compostable single use tableware; requires state and municipal agencies purchasing single use tableware to purchase single use tableware made from material that is compostable unless there is no affordable compostable product available.

2019-S7129 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7129

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
requiring state and municipal agencies to purchase compostable single
use tableware

 
PURPOSE OR GENERAL IDEA OF BILL:

 
SUMMARY OF PROVISIONS:

Section 1 amends Environmental Conservation Law article 27 by adding a
new title 30 that requires all state and municipal agencies purchasing
single use silverware to purchase compostable single use silverware
unless there is no compostable alternative costing no more than fifteen
percent more than the purchase cost of the non-compostable alternative.

Section 2 sets forth the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

Studies carried out by the United Nations Environment Program estimate
that 8 million tons of plastic ends up in our oceans each year, causing
profound harm to fragile ocean ecosystems as well as local economies
that depend on their bodies of water to attract tourism.  The problem of
pollution from discarded single use plastic products persists on land as
well. These single use products are rarely able to be recycled and as a
result they end up leeching toxic chemicals like chlorine, phthalates,
and Bisphenol A (BPA) into our soil and water.

Compelling our state and municipal agencies to purchase compostable
single use silverware is an appropriate way to reduce the quantity of
plastic waste that pollutes our environment and negatively impacts the
health of New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A10948 (Epstein)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To Be Determined.

 
EFFECTIVE DATE:
Ninety days after becoming law.

2019-S7129 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7129
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 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
   requiring  state and municipal agencies to purchase compostable single
   use tableware

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 30 to read as follows:
                                 TITLE 30
                     COMPOSTABLE SINGLE USE TABLEWARE
 SECTION 27-3001. DEFINITIONS.
         27-3003. REQUIRED COMPOSTABLE SINGLE USE TABLEWARE.
 § 27-3001. DEFINITIONS.
   FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "AFFORDABLE" MEANS PURCHASABLE FOR NOT MORE  THAN  FIFTEEN  PERCENT
 MORE THAN THE PURCHASE COST OF THE NON-COMPOSTABLE ALTERNATIVE.
   2. "AGENCY" MEANS ANY DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT CORPO-
 RATION, PUBLIC AUTHORITY, OR COMMISSION.
   3.  "COMPOSTABLE"  MEANS  ALL  THE  MATERIALS  IN THE PRODUCT WILL (A)
 UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES DURING COMPOSTING  TO  YIELD
 CARBON  DIOXIDE,  WATER,  INORGANIC  COMPOUNDS,  AND  BIOMASS  AT A RATE
 CONSISTENT WITH OTHER KNOWN COMPOSTABLE MATERIALS AND (B) LEAVE NO VISI-
 BLE, DISTINGUISHABLE OR TOXIC RESIDUE, INCLUDING NO  ADVERSE  IMPACT  ON
 THE  ABILITY  OF  COMPOSTS  TO  SUPPORT  PLANT  GROWTH ONCE THE FINISHED
 COMPOST IS PLACED IN SOIL.
   4. "MUNICIPAL" MEANS A VILLAGE, TOWN, CITY, OR COUNTY.
   5. "SINGLE USE TABLEWARE" MEANS ALL UTENSILS, PLATES, DISHES AND  CUPS
 THAT ARE DESIGNED FOR ONE-TIME USE.
 § 27-3003. REQUIRED COMPOSTABLE SINGLE USE TABLEWARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02538-03-9

 S. 7129                             2
 
   ALL STATE AND MUNICIPAL AGENCIES PURCHASING SINGLE USE TABLEWARE SHALL
 PURCHASE  SINGLE  USE  TABLEWARE  MADE FROM MATERIAL THAT IS COMPOSTABLE
 UNLESS THERE IS NO AFFORDABLE COMPOSTABLE PRODUCT AVAILABLE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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