S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10662
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Epstein) --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the state finance
   law, in relation to banning the use of non-compostable produce  stick-
   ers
 
   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 33 to read as follows:
                                  TITLE 33
                             PRODUCE STICKERS
 SECTION 27-3301. NON-COMPOSTABLE PRODUCE STICKER BAN.
         27-3303. VIOLATIONS.
 § 27-3301. NON-COMPOSTABLE PRODUCE STICKER BAN.
   1. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO PERSON,  FIRM
 OR  CORPORATION  SHALL  SELL, OFFER FOR SALE, OR DISTRIBUTE ANY NON-COM-
 POSTABLE PRODUCE STICKERS  OR  ANY  PRODUCE  WITH  SUCH  NON-COMPOSTABLE
 STICKERS  IN THE STATE; PROVIDED, HOWEVER, A PERSON, FIRM OR CORPORATION
 MAY USE ITS CURRENT INVENTORY OF NON-COMPOSTABLE STICKERS PRIOR TO  SUCH
 DATE.
   2.  THE  DEPARTMENT  IS  AUTHORIZED  TO PROMULGATE ANY RULES AND REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
 TITLE.
 § 27-3303. VIOLATIONS.
   1.  A  PERSON,  FIRM  OR CORPORATION THAT VIOLATES A PROVISION OF THIS
 TITLE SHALL RECEIVE A WARNING  NOTICE  FOR  THE  FIRST  SUCH  VIOLATION,
 DETAILING  THE  PERSON, FIRM OR CORPORATION'S REQUIREMENT TO CORRECT THE
 VIOLATION WITHIN THIRTY DAYS FROM THE DATE THE NOTICE IS SENT. A PERSON,
 FIRM OR CORPORATION 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16060-01-2
 A. 10662                            2
 
   2. THE DEPARTMENT IS 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  NINE-
 TY-TWO-S OF THE STATE FINANCE LAW.
   §  2.  Subdivision  3  of  section  92-s  of the state finance law, as
 amended by section 3 of part PP of chapter 58 of the laws  of  2020,  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-
 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 collected  pursuant  to  section  71-2730  of  the  environmental
 conservation  law,  all  moneys  required  to  be  deposited pursuant to
 section 27-3205  of  the  environmental  conservation  law,  ALL  MONEYS
 REQUIRED  TO  BE  DEPOSITED  PURSUANT TO SECTION 27-3303 OF THE ENVIRON-
 MENTAL 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.
   § 3. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
 amended  by  chapter  734  of  the  laws  of 2021, is amended to read as
 follows:
 A. 10662                            3
 
   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-
 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 collected  pursuant  to  section  71-2730  of  the  environmental
 conservation  law,  all  moneys  required  to  be  deposited pursuant to
 section 27-3205  of  the  environmental  conservation  law,  ALL  MONEYS
 REQUIRED  TO  BE  DEPOSITED  PURSUANT TO SECTION 27-3303 OF THE ENVIRON-
 MENTAL 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 immediately; provided,  however,  that
 if  chapter  734  of  the laws of 2021 shall not have taken effect on or
 before such date then section three of this act shall take effect on the
 same date and in the same manner as such chapter of  the  laws  of  2021
 takes effect.