S T A T E O F N E W Y O R K
________________________________________________________________________
5282--A
2019-2020 Regular Sessions
I N S E N A T E
April 23, 2019
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the environmental conservation law and the state finance
law, in relation to restricting hotels from making available to hotel
guests small bottle personal care products
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
SMALL BOTTLE PERSONAL CARE PRODUCT RESTRICTIONS
SECTION 27-3001. DEFINITIONS.
27-3003. SMALL BOTTLE PERSONAL CARE PRODUCTS.
27-3005. VIOLATIONS.
27-3007. PREEMPTION OF LOCAL LAW.
§ 27-3001. DEFINITIONS.
AS USED IN THIS TITLE:
1. "HOTEL" MEANS A BUILDING OR PORTION OF A BUILDING WHICH IS REGULAR-
LY USED AND KEPT OPEN AS SUCH FOR THE LODGING OF GUESTS. HOTEL INCLUDES
AN APARTMENT HOTEL, A MOTEL OR A BOARDING HOUSE, WHETHER OR NOT MEALS
ARE SERVED.
2. "PERSONAL CARE PRODUCT" MEANS A PRODUCT INTENDED TO BE APPLIED TO
OR USED ON THE HUMAN BODY OR ANY PART THEREOF FOR CLEANSING, CONDITION-
ING, OR MOISTURIZING. PERSONAL CARE PRODUCT INCLUDES, BUT IS NOT LIMITED
TO, SHAMPOO, CONDITIONER, LOTION, AND LIQUID SOAP.
3. "PLASTIC" MEANS ANY VARIOUS ORGANIC COMPOUNDS PRODUCED BY POLYMERI-
ZATION, CAPABLE OF BEING MOLDED, EXTRUDED, CAST INTO VARIOUS SHAPES AND
FILMS, OR DRAWN INTO FILAMENTS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11287-03-9
S. 5282--A 2
4. "SMALL PLASTIC BOTTLE" MEANS A PLASTIC BOTTLE OR CONTAINER WITH
LESS THAN A TWELVE OUNCE CAPACITY THAT IS INTENDED TO BE NONREUSABLE BY
THE END USER.
§ 27-3003. SMALL BOTTLE PERSONAL CARE PRODUCTS.
1. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-THREE FOR ALL HOTELS
WITH FIFTY ROOMS OR MORE AND JANUARY FIRST, TWO THOUSAND TWENTY-FOUR FOR
ALL HOTELS WITH LESS THAN FIFTY ROOMS, A HOTEL SHALL NOT PROVIDE A SMALL
PLASTIC BOTTLE CONTAINING A PERSONAL CARE PRODUCT TO A PERSON STAYING IN
A SLEEPING ROOM ACCOMMODATION, IN ANY SPACE WITHIN THE SLEEPING ROOM
ACCOMMODATION, OR IN AN AREA IN THE HOTEL THAT IS SHARED BY THE PUBLIC
OR GUESTS, INCLUDING BUT NOT LIMITED TO, THE PUBLIC LAVATORIES AND WASH-
ROOMS OF SUCH HOTEL.
2. A HOTEL MAY USE BULK DISPENSERS OF PERSONAL CARE PRODUCTS TO REDUCE
PLASTIC WASTE AND LOWER OPERATING COSTS.
3. NOTHING IN THIS SECTION SHALL PRECLUDE A HOTEL FROM PROVIDING
CUSTOMERS WITH NON-PLASTIC SMALL BOTTLE ALTERNATIVES.
§ 27-3005. VIOLATIONS.
1. A HOTEL THAT VIOLATES A PROVISION OF THIS TITLE SHALL RECEIVE A
WARNING NOTICE FOR THE FIRST SUCH VIOLATION, DETAILING THE HOTEL'S
REQUIREMENT TO CORRECT THE VIOLATION WITHIN THIRTY DAYS FROM THE DATE
THE NOTICE IS SENT. A HOTEL SHALL BE LIABLE TO THE STATE FOR A CIVIL
PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION AFTER
RECEIVING A WARNING AND FAILING TO CORRECT THE VIOLATION WITHIN THIRTY
DAYS AND FIVE HUNDRED DOLLARS FOR ANY SUBSEQUENT VIOLATION IN THE SAME
CALENDAR YEAR. A HEARING OR OPPORTUNITY TO BE HEARD SHALL BE PROVIDED
PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.
2. THE DEPARTMENT, THE DEPARTMENT OF HEALTH, AND THE ATTORNEY GENERAL
ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS TITLE AND ALL
MONIES COLLECTED SHALL BE DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE
STATE FINANCE LAW.
§ 27-3007. PREEMPTION OF LOCAL LAW.
JURISDICTION IN ALL MATTERS PERTAINING TO SMALL BOTTLE PERSONAL CARE
PRODUCT RESTRICTIONS IS VESTED EXCLUSIVELY IN THE STATE.
§ 2. Subdivision 3 of section 92-s of the state finance law, as
amended by section 1 of part AA of chapter 58 of the laws of 2018, is
amended to read as follows:
3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, the
amount of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service charges pursuant to section
four hundred four-n of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three hundred nine of the laws of nineteen
hundred ninety-six, provided however, that such moneys shall only be
used for the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent order with the
Northville industries signed on October thirteenth, nineteen hundred
S. 5282--A 3
ninety-four and the related resource restoration and replacement plan,
the amount of penalties required to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, all moneys collected
pursuant to title thirty-three of article fifteen of the environmental
conservation law, beginning with the fiscal year commencing on April
first, two thousand thirteen, nineteen million dollars, and all fiscal
years thereafter, twenty-three million dollars plus all funds received
by the state each fiscal year in excess of the greater of the amount
received from April first, two thousand twelve through March thirty-
first, two thousand thirteen or one hundred twenty-two million two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision four of section 27-1012 of the environmental conservation law and
all funds collected pursuant to section 27-1015 of the environmental
conservation law, ALL MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO
SECTION 27-3005 OF THE ENVIRONMENTAL CONSERVATION LAW, and all other
moneys credited or transferred thereto from any other fund or source
pursuant to law. All such revenue shall be initially deposited into the
environmental protection fund, for application as provided in subdivi-
sion five of this section.
§ 3. Subdivision 3 of section 92-s of the state finance law, as
amended by section 4 of part H of chapter 58 of the laws of 2019, is
amended to read as follows:
3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, the
amount of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service charges pursuant to section
four hundred four-n of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three hundred nine of the laws of nineteen
hundred ninety-six, provided however, that such moneys shall only be
used for the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent order with the
Northville industries signed on October thirteenth, nineteen hundred
ninety-four and the related resource restoration and replacement plan,
the amount of penalties required to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, all moneys collected
pursuant to title thirty-three of article fifteen of the environmental
conservation law, beginning with the fiscal year commencing on April
first, two thousand thirteen, nineteen million dollars, and all fiscal
years thereafter, twenty-three million dollars plus all funds received
by the state each fiscal year in excess of the greater of the amount
received from April first, two thousand twelve through March thirty-
S. 5282--A 4
first, two thousand thirteen or one hundred twenty-two million two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision four of section 27-1012 of the environmental conservation law and
all funds collected pursuant to section 27-1015 of the environmental
conservation law, all moneys required to be deposited pursuant to
sections 27-2805 and 27-2807 of the environmental conservation law, ALL
MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO SECTION 27-3005 OF THE ENVI-
RONMENTAL CONSERVATION LAW, and all other moneys credited or transferred
thereto from any other fund or source pursuant to law. All such revenue
shall be initially deposited into the environmental protection fund, for
application as provided in subdivision five of this section.
§ 4. This act shall take effect January 1, 2023; provided, however,
that the amendments to subdivision three of section ninety-two-s of the
state finance law made by section three of this act shall take effect on
the same date and in the same manner as section 4 of part H of chapter
58 of the laws of 2019, takes effect.
