S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3577
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BURKE, FALL -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  standards and defining the terms biodegradable, degrada-
   ble, and decomposable

   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 34 to read as follows:
                                 TITLE 34
           BIODEGRADABLE, DEGRADABLE, AND DECOMPOSABLE PLASTICS
 SECTION 27-3401. DEFINITIONS.
         27-3403. ASTM STANDARD REVISION.
         27-3405. LABELING OF PLASTICS.
         27-3407. COMPOSTABLE PLASTIC BAGS.
         27-3409. ENVIRONMENTAL MARKETING INFORMATION.
         27-3411. CIVIL LIABILITY.
 § 27-3401. DEFINITIONS.
   1. "ASTM" SHALL MEAN THE AMERICAN SOCIETY FOR TESTING AND MATERIALS.
   2. "ASTM STANDARD" SHALL MEAN MEETING THE STANDARDS OF THE ASTM INTER-
 NATIONAL STANDARDS D6400, D6868 OR D7081 FOR BIODEGRADABLE AND COMPOSTA-
 BLE  PLASTICS AS THOSE STANDARDS MAY BE AMENDED BUT SHALL NOT INCLUDE AN
 ASTM STANDARD GUIDE, A STANDARD PRACTICE, OR A STANDARD TEST METHOD.
   3. "MANUFACTURER" SHALL MEAN A PERSON, FIRM, ASSOCIATION, PARTNERSHIP,
 OR CORPORATION THAT PRODUCES A PLASTIC PRODUCT.
   4. "OK HOME COMPOST" SHALL MEAN CONFORMITY WITH THE EXISTING  VINCOTTE
 CERTIFICATION  "OK  COMPOST  HOME CERTIFICATION" WHICH, AS OF JANUARY 1,
 2011, USES EUROPEAN  NORM  13432  STANDARD  ADAPTED  TO  LOW-TEMPERATURE
 COMPOSTING  IN ACCORDANCE WITH THE VINCOTTE PROGRAM "OK 2-HOME COMPOSTA-
 BILITY OF PRODUCTS".

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03066-01-3
 A. 3577                             2
              

 
   5. "PLASTIC PRODUCT" SHALL MEAN A PRODUCT  MADE  OF  PLASTIC,  WHETHER
 ALONE  OR IN COMBINATION WITH OTHER MATERIAL, INCLUDING, BUT NOT LIMITED
 TO, PAPERBOARD. A PLASTIC PRODUCT INCLUDES, BUT IS NOT LIMITED  TO,  ANY
 OF THE FOLLOWING:
   (A) A PRODUCT OR PART OF A PRODUCT THAT IS USED, BOUGHT, OR LEASED FOR
 USE BY A PERSON FOR ANY PURPOSE;
   (B) A PACKAGE OR A PACKAGING COMPONENT;
   (C) A BAG, SACK, WRAP, OR OTHER THIN PLASTIC SHEET FILM PRODUCT; OR
   (D)  A FOOD OR BEVERAGE CONTAINER OR A CONTAINER COMPONENT, INCLUDING,
 BUT NOT LIMITED TO, A STRAW, LID, OR UTENSIL.
   6. "SUPPLIER" SHALL MEAN A PERSON WHO DOES ONE OR MORE OF THE  FOLLOW-
 ING:
   (A)  SELLS,  OFFERS  FOR  SALE,  OR OFFERS FOR PROMOTIONAL PURPOSES, A
 PLASTIC PRODUCT THAT IS USED.
   (B) TAKES TITLE TO A PLASTIC PRODUCT, PRODUCED EITHER DOMESTICALLY  OR
 IN  A  FOREIGN  COUNTRY,  THAT  IS  PURCHASED  FOR RESALE OR PROMOTIONAL
 PURPOSES.
   7. "VINCOTTE CERTIFICATION" SHALL MEAN A CERTIFICATION OF  A  EUROPEAN
 NORM  STANDARD  ADOPTED BY THE BELGIAN-ACCREDITED INSPECTION AND CERTIF-
 ICATION ORGANIZATION VINCOTTE.
   8. "READILY AND EASILY IDENTIFIABLE" SHALL MEAN  LABELING  THAT  MEETS
 BOTH OF THE FOLLOWING REQUIREMENTS:
   (A)  LABELED  WITH  A  CERTIFICATION LOGO INDICATING THE BAG MEETS THE
 ASTM D6400 STANDARD SPECIFICATION IF THE BAG HAS BEEN CERTIFIED AS MEET-
 ING THAT STANDARD BY A RECOGNIZED THIRD-PARTY INDEPENDENT VERIFICATION.
   (B) LABELED IN ACCORDANCE WITH ONE OF THE FOLLOWING:
   (I) THE BAG IS MADE OF A UNIFORM COLOR OF GREEN AND LABELED  WITH  THE
 WORD  "COMPOSTABLE"  ON  ONE  SIDE OF THE BAG, AND THE LABEL SHALL BE AT
 LEAST ONE INCH IN HEIGHT.
   (II) LABELED WITH THE WORD "COMPOSTABLE" ON BOTH SIDES OF THE BAG  AND
 THE LABEL SHALL BE ONE OF THE FOLLOWING:
   (A) GREEN COLOR LETTERING AT LEAST ONE INCH IN HEIGHT.
   (B)  WITHIN  A  CONTRASTING  GREEN  COLOR BAND OF AT LEAST ONE INCH IN
 HEIGHT ON BOTH SIDES OF THE BAG WITH COLOR CONTRASTING LETTERING  OF  AT
 LEAST ONE-HALF INCH IN HEIGHT.
   (C)  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, IF THE BAG IS
 SMALLER THAN 14 INCHES BY 14 INCHES, THE LETTERING AND STRIPE  SHALL  BE
 IN PROPORTION TO THE SIZE OF THE BAG.
   9. "PLASTIC FOOD CONTAINER PRODUCT" SHALL MEAN A PRODUCT MADE OF PLAS-
 TIC  THAT  INCLUDES A TRAY, CLAMSHELL CONTAINER, OR OTHER RECEPTACLE AND
 THAT IS USED, OR INTENDED TO BE USED, TO HOLD FOOD.
 § 27-3403. ASTM STANDARD REVISION.
   1. IF AN ASTM STANDARD SPECIFICATION IS REVISED, THE DEPARTMENT  SHALL
 REVIEW THE NEW ASTM STANDARD SPECIFICATION AS FOLLOWS:
   (A)  IF THE DEPARTMENT DETERMINES THAT THE NEW STANDARD, WHEN COMPARED
 TO THE ASTM STANDARD SPECIFICATION PRIOR TO ITS REVISION, IS MORE STRIN-
 GENT AND MORE PROTECTIVE OF PUBLIC HEALTH, PUBLIC SAFETY, AND THE  ENVI-
 RONMENT,  AND  IS  REFLECTIVE  OF AND CONSISTENT WITH STATE POLICIES AND
 PROGRAMS, THE DEPARTMENT MAY ADOPT THE NEW STANDARD.
   (B) IF THE DEPARTMENT DETERMINES THAT THE NEW STANDARD, WHEN  COMPARED
 TO  THE  ASTM  STANDARD  SPECIFICATION  PRIOR TO ITS REVISION, IS NOT AS
 STRINGENT AND DOES NOT PROTECT PUBLIC HEALTH,  PUBLIC  SAFETY,  AND  THE
 ENVIRONMENT, AND IS NOT REFLECTIVE OF AND CONSISTENT WITH STATE POLICIES
 AND PROGRAMS, THE DEPARTMENT SHALL NOT ADOPT THE NEW STANDARD.
   2.  IF THE ASTM, OR ANY OTHER ENTITY, DEVELOPS A NEW STANDARD SPECIFI-
 CATION OR OTHER APPLICABLE STANDARD FOR  ANY  OF  THE  TERMS  PROHIBITED
 A. 3577                             3
 
 UNDER  SUBDIVISION  ONE OF SECTION 27-3405 OF THIS TITLE, THE DEPARTMENT
 MAY REVIEW THE NEW STANDARD AND, IF THE DEPARTMENT DETERMINES  THAT  THE
 NEW  STANDARD FOR THE PROHIBITED TERM, WHEN COMPARED TO THE CURRENT ASTM
 STANDARD  IN  EFFECT,  IS  MORE  STRINGENT AND MORE PROTECTIVE OF PUBLIC
 HEALTH, PUBLIC SAFETY, AND THE ENVIRONMENT, AND  IS  REFLECTIVE  OF  AND
 CONSISTENT  WITH  STATE POLICIES AND PROGRAMS, THE DEPARTMENT MAY MAKE A
 RECOMMENDATION TO THE LEGISLATURE.
   3. THE DEPARTMENT MAY ADOPT AN EXISTING  STANDARD  DIFFERENT  FROM  AN
 ADOPTED  ASTM STANDARD SPECIFICATION IF ALL THE FOLLOWING CONDITIONS ARE
 MET:
   (A) THE EXISTING STANDARD IS ADOPTED OR DEVELOPED BY  A  STANDARD-SET-
 TING  ORGANIZATION  RECOGNIZED  BY  THE  DEPARTMENT,  INCLUDING, BUT NOT
 LIMITED TO, THE ASTM OR ANOTHER SIMILAR ORGANIZATION.
   (B) THE EXISTING STANDARD ADDS  QUALIFICATIONS  TO  THE  ADOPTED  ASTM
 STANDARD SPECIFICATION, INCLUDING, BUT NOT LIMITED TO, HOME COMPOSTABLE.
   (C)  THE  DEPARTMENT  DETERMINES  THAT  THE  EXISTING STANDARD IS MORE
 STRINGENT THAN THE ADOPTED ASTM STANDARD SPECIFICATION  FOR  WHICH  THAT
 EXISTING STANDARD QUALIFIES.
   4.  COMPLIANCE  WITH A STANDARD ADOPTED PURSUANT TO THIS SECTION SHALL
 BE DEEMED TO BE IN COMPLIANCE WITH THIS TITLE.
 § 27-3405. LABELING OF PLASTICS.
   1. (A) EXCEPT AS PROVIDED IN PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  A
 PERSON  SHALL  NOT  SELL A PLASTIC PRODUCT THAT IS LABELED WITH THE TERM
 "COMPOSTABLE," "HOME COMPOSTABLE," OR "MARINE DEGRADABLE" UNLESS, AT THE
 TIME OF SALE, THE PLASTIC PRODUCT MEETS  THE  APPLICABLE  ASTM  STANDARD
 SPECIFICATION OR THE VINCOTTE OK COMPOST HOME CERTIFICATION, AS PROVIDED
 IN PARAGRAPH (D) OF THIS SUBDIVISION.
   (B)  COMPLIANCE  WITH  ONLY  A SECTION OR A PORTION OF A SECTION OF AN
 APPLICABLE ASTM STANDARD SPECIFICATION DOES  NOT  CONSTITUTE  COMPLIANCE
 WITH PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  NOTWITHSTANDING  PARAGRAPH  (A) OF THIS SUBDIVISION, A PERSON MAY
 SELL A PLASTIC PRODUCT THAT IS LABELED WITH A QUALIFIED CLAIM FOR A TERM
 SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION, IF THE  PLASTIC  PRODUCT
 MEETS THE RELEVANT STANDARD ADOPTED BY THE DEPARTMENT.
   (D)  A  PLASTIC  PRODUCT  SHALL  NOT  BE  LABELED  WITH THE TERM "HOME
 COMPOSTABLE" UNLESS THE MANUFACTURER OF THAT  PLASTIC  PRODUCT  HOLDS  A
 VINCOTTE  OK  COMPOST HOME CERTIFICATE OF CONFORMITY WITH REGARD TO THAT
 PRODUCT, EXCEPT:
   (I) NOTWITHSTANDING PARAGRAPH (A) OF THIS  SUBDIVISION,  IF  THE  ASTM
 ADOPTS  A STANDARD SPECIFICATION FOR THE TERM "HOME COMPOSTABLE" AND THE
 DEPARTMENT DETERMINES THAT THE ASTM STANDARD SPECIFICATION IS  AT  LEAST
 EQUAL  TO,  OR MORE STRINGENT THAN, THE OK COMPOST HOME CERTIFICATION, A
 PLASTIC PRODUCT LABELED WITH THE TERM "HOME COMPOSTABLE" SHALL MEET THAT
 ASTM STANDARD SPECIFICATION. THE DEPARTMENT MAY ALSO  TAKE  THE  ACTIONS
 SPECIFIED  IN  SUBDIVISION  THREE  OF SECTION 27-3403 OF THIS TITLE WITH
 REGARD TO AN ASTM STANDARD FOR HOME COMPOSTABILITY.
   (II) IF THE DEPARTMENT ADOPTS A STANDARD PURSUANT TO SUBDIVISION THREE
 OF SECTION 27-3403 OF THIS TITLE, A PLASTIC  PRODUCT  LABELED  WITH  THE
 TERM "HOME COMPOSTABLE" SHALL MEET THAT STANDARD.
   2.  EXCEPT  AS  PROVIDED IN SUBDIVISION ONE, A PERSON SHALL NOT SELL A
 PLASTIC PRODUCT THAT IS LABELED WITH THE TERM "BIODEGRADABLE," "DEGRADA-
 BLE," OR "DECOMPOSABLE," OR ANY FORM OF THOSE TERMS, OR IN ANY WAY IMPLY
 THAT THE PLASTIC PRODUCT  WILL  BREAK  DOWN,  FRAGMENT,  BIODEGRADE,  OR
 DECOMPOSE IN A LANDFILL OR OTHER ENVIRONMENT.
   3.  A  MANUFACTURER  OR  SUPPLIER, UPON THE REQUEST OF A MEMBER OF THE
 PUBLIC, SHALL SUBMIT TO THAT MEMBER, WITHIN NINETY DAYS OF THE  REQUEST,
 A. 3577                             4
 
 INFORMATION  AND DOCUMENTATION DEMONSTRATING COMPLIANCE WITH THIS TITLE,
 IN A FORMAT THAT IS EASY TO UNDERSTAND AND SCIENTIFICALLY ACCURATE.
   4.  A  PRODUCT THAT IS IN COMPLIANCE WITH THIS TITLE SHALL NOT, SOLELY
 AS A RESULT OF THAT COMPLIANCE, BE DEEMED TO BE IN COMPLIANCE  WITH  ANY
 OTHER  APPLICABLE  MARKETING  REQUIREMENT OR GUIDELINE ESTABLISHED UNDER
 STATE LAW OR BY THE FEDERAL TRADE COMMISSION.
 § 27-3407. COMPOSTABLE PLASTIC BAGS.
   1. A MANUFACTURER OF A COMPOSTABLE PLASTIC  BAG  MEETING  THE  ADOPTED
 ASTM  STANDARD  SPECIFICATION  SHALL ENSURE THAT THE COMPOSTABLE PLASTIC
 BAG IS READILY AND EASILY IDENTIFIABLE FROM  OTHER  PLASTIC  BAGS  IN  A
 MANNER  THAT  IS CONSISTENT WITH THE FEDERAL TRADE COMMISSION GUIDES FOR
 THE USE OF ENVIRONMENTAL MARKETING CLAIMS  (PART  260  (COMMENCING  WITH
 SECTION  260.1)  OF SUBCHAPTER B OF CHAPTER I OF TITLE 16 OF THE CODE OF
 FEDERAL REGULATIONS).
   2. A COMPOSTABLE PLASTIC BAG SOLD OR DISTRIBUTED SHALL NOT  DISPLAY  A
 CHASING  ARROW  RESIN IDENTIFICATION CODE OR RECYCLING TYPE OF SYMBOL IN
 ANY FORM.
   3. A MANUFACTURER IS REQUIRED TO COMPLY WITH THIS SECTION ONLY TO  THE
 EXTENT  THAT  THE LABELING REQUIREMENTS DO NOT CONFLICT WITH THE FEDERAL
 TRADE COMMISSION GUIDES FOR THE USE OF  ENVIRONMENTAL  MARKETING  CLAIMS
 (PART  260  (COMMENCING WITH SECTION 260.1) OF SUBCHAPTER B OF CHAPTER I
 OF TITLE 16 OF THE CODE OF FEDERAL REGULATIONS).
 § 27-3409. ENVIRONMENTAL MARKETING INFORMATION.
   1. A MANUFACTURER OR SUPPLIER MAKING AN ENVIRONMENTAL MARKETING  CLAIM
 RELATING  TO  THE  RECYCLED  CONTENT OF A PLASTIC FOOD CONTAINER PRODUCT
 SHALL MAINTAIN INFORMATION AND DOCUMENTATION, WHICH SHALL BE IN  WRITTEN
 FORM IN ITS RECORDS, OF BOTH OF THE FOLLOWING IN SUPPORT OF THAT CLAIM:
   (A) THE RECYCLED CONTENT FOR MATERIALS HAS BEEN RECOVERED OR OTHERWISE
 DIVERTED  FROM  THE  SOLID  WASTE STREAM EITHER DURING THE MANUFACTURING
 PROCESS OR AFTER CONSUMER USE.
   (B) THE RECYCLED CONTENT CLAIM CONFORMS TO THE UNIFORM  STANDARDS  FOR
 RECYCLED  CONTENT  CONTAINED  IN THE FEDERAL TRADE COMMISSION GUIDES FOR
 THE USE OF ENVIRONMENTAL MARKETING CLAIMS (16 C.F.R. PART 260).
   2. A MANUFACTURER  OR  SUPPLIER  SHALL  FURNISH  THE  INFORMATION  AND
 DOCUMENTATION  THAT  IT IS REQUIRED TO MAINTAIN PURSUANT TO THIS SECTION
 TO ANY MEMBER OF THE PUBLIC UPON REQUEST OR PROVIDE THE INFORMATION  AND
 DOCUMENTATION BY FURNISHING A LINK TO A DOCUMENT ON ITS WEBSITE CONTAIN-
 ING THE INFORMATION AND DOCUMENTATION.
   3.  THIS  SECTION DOES NOT LIMIT THE REQUIREMENTS OF THIS TITLE OR ANY
 OTHER PROVISION OF LAW.
 § 27-3411. CIVIL LIABILITY.
   1. ANY MUNICIPALITY OR THE STATE MAY IMPOSE  CIVIL  LIABILITY  IN  THE
 AMOUNT  OF  FIVE  HUNDRED DOLLARS FOR THE FIRST VIOLATION OF THIS TITLE,
 ONE THOUSAND DOLLARS FOR THE SECOND VIOLATION, AND TWO THOUSAND  DOLLARS
 FOR THE THIRD AND ANY SUBSEQUENT VIOLATION.
   2.  ANY  CIVIL PENALTIES COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL BE PAID TO THE TOWN, VILLAGE, CITY, 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 APPROPRIATION BY THE LEGISLATURE,
 TO ENFORCE THIS TITLE.
   3.  THE  REMEDIES  PROVIDED BY THIS SECTION SHALL NOT BE EXCLUSIVE AND
 ARE IN ADDITION TO THE REMEDIES THAT MAY BE AVAILABLE PURSUANT TO  CHAP-
 TER  5  (COMMENCING  WITH  SECTION 17200) OF PART 2 OF DIVISION 7 OF THE
 BUSINESS AND PROFESSIONS CODE.
 A. 3577                             5
 
   4. THE COSTS INCURRED IN CARRYING OUT THIS TITLE SHALL BE  RECOVERABLE
 BY  THE  ATTORNEY  GENERAL, UPON THE REQUEST OF THE DEPARTMENT, FROM THE
 LIABLE PERSON OR PERSONS.
   §  2. This act shall take effect one year 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.