S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3902
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the state finance  law,  in  relation  to  enacting  the
   "environmentally conscious purchasing act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "environmentally conscious purchasing act".
   §  2.  Section 165 of the state finance law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. PROHIBITION ON THE PURCHASE OF SINGLE-USE PLASTIC PRODUCTS.
   A. FOR THE PURPOSES OF THIS SUBDIVISION, "SINGLE-USE PLASTIC PRODUCTS"
 SHALL INCLUDE:
   (I) PLASTIC BAGS;
   (II) CLING FILM PLASTIC FOOD PACKAGING;
   (III) NON-RECYCLABLE PLASTIC BOTTLES;
   (IV) PLASTIC STRAWS;
   (V) PLASTIC PLATES, NON-REUSABLE  PLASTIC  CONTAINERS,  PLASTIC  CUPS,
 PLASTIC LIDS, AND PLASTIC STIRRERS;
   (VI) PLASTIC CUTLERY;
   (VII) PLASTIC RINGS USED IN PACKAGING;
   (VIII)  STYROFOAM PLATES, STYROFOAM TAKE-AWAY CONTAINERS AND STYROFOAM
 TRAYS; AND
   (IX) ANY OTHER SINGLE-USE PLASTIC PRODUCTS DETERMINED TO  BE  INCLUDED
 BY  THE  OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION.
   B. EXCEPT AS PROVIDED IN THIS SUBDIVISION, THE STATE AND  ANY  GOVERN-
 MENTAL  AGENCY OR POLITICAL SUBDIVISION OR PUBLIC BENEFIT CORPORATION OF
 THE STATE SHALL NOT PURCHASE OR OBTAIN FOR ANY  PURPOSE  ANY  SINGLE-USE
 PLASTIC PRODUCT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03754-01-3
 A. 3902                             2
              

 
   C.  THE  PROVISIONS OF PARAGRAPH B OF THIS SUBDIVISION SHALL NOT APPLY
 TO:
   (I)  THE PURCHASE OF PLASTIC STRAWS FOR A PERSON REQUIRING SUCH STRAWS
 DUE TO A MEDICAL CONDITION;
   (II) THE PURCHASE OF SINGLE-USE PLASTIC BAGS FOR  GARBAGE  COLLECTION;
 AND
   (III) SINGLE-USE PLASTIC MEDICAL EQUIPMENT.
   D. THE ATTORNEY GENERAL SHALL INVESTIGATE ANY VIOLATION OF THIS SUBDI-
 VISION  AND PROVIDE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
   § 3. This act shall take effect immediately.