S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6990
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  sale  or  manufacture  of  single-use  plastic water
   bottles comprised of less than one hundred percent recycled  materials
   and  to prohibiting the sale of single-use plastic beverage containers
   comprised of less than seventy-five percent recycled materials; and to
   amend the public health law, in relation  to  requiring  food  service
   establishments  to  provide  tap  water,  beverages  and  leftovers to
   customers in reusable containers, upon request
 
   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
               PLASTIC WATER BOTTLES AND BEVERAGE CONTAINERS
 SECTION 27-3401. INFRASTRUCTURE ASSESSMENT.
         27-3403. STATE FUNDS FOR SINGLE-USE PLASTIC WATER BOTTLES.
         27-3405. SINGLE-USE  PLASTIC  WATER  BOTTLES  COMPRISED  OF  ONE
                    HUNDRED PERCENT RECYCLED MATERIAL.
         27-3407. OTHER SINGLE-USE PLASTIC BEVERAGE CONTAINERS  COMPRISED
                    OF SEVENTY-FIVE PERCENT RECYCLED MATERIALS.
         27-3409. ENFORCEMENT.
 § 27-3401. INFRASTRUCTURE ASSESSMENT.
   1.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 IS HEREBY AUTHORIZED  AND  DIRECTED  TO  CONDUCT  A  STUDY  RELATING  TO
 SINGLE-USE PLASTIC WATER BOTTLES, INCLUDING BUT NOT LIMITED TO:
   (A) THE AVAILABILITY AND DISTRIBUTION OF PUBLIC DRINKING WATER FILLING
 STATIONS AND WATER FOUNTAINS ACROSS THE STATE; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07234-01-3
 A. 6990                             2
 
              

   (B)  THE ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS OF SINGLE-USE PLASTIC
 BOTTLED  WATER  IN  NEW  YORK  STATE,  INCLUDING  ENVIRONMENTAL  JUSTICE
 IMPACTS.
   2.  THE  COMMISSIONER  SHALL SUBMIT A REPORT INCLUDING RECOMMENDATIONS
 AND FINDINGS BASED ON THIS STUDY TO THE GOVERNOR, THE  TEMPORARY  PRESI-
 DENT  OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF THE
 SENATE AND ASSEMBLY STANDING COMMITTEES ON HEALTH AND THE CHAIRS OF  THE
 SENATE AND ASSEMBLY STANDING COMMITTEES ON ENVIRONMENTAL CONSERVATION NO
 LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
 § 27-3403. STATE FUNDS FOR SINGLE-USE PLASTIC WATER BOTTLES.
   BEGINNING ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION, THE USE OF
 STATE  FUNDS  FOR THE PURCHASE OF SINGLE-USE PLASTIC WATER BOTTLES SHALL
 BE PROHIBITED.  WATER BOTTLES, INCLUDING THOSE COMPRISED  OF  LESS  THAN
 ONE HUNDRED PERCENT RECYCLED MATERIAL, MAY BE PURCHASED WHEN:
   1.  NECESSARY TO ADDRESS HEALTH REQUIREMENTS UNDER THE FOLLOWING EMER-
 GENCIES:
   (A) A STATE OF EMERGENCY HAS BEEN DECLARED;
   (B) A BOIL WATER ADVISORY HAS BEEN ISSUED;
   (C) ACCESS TO DRINKING WATER IS BEING IMPEDED  DUE  TO  A  FAILURE  OF
 RELATED  INFRASTRUCTURE  OR  AN ONGOING WATER INFRASTRUCTURE IMPROVEMENT
 PROJECT;
   (D) A WATER UTILITY HAS REPORTED EMERGENCY CONDITIONS OR OTHER  PUBLIC
 HEALTH HAZARDS; OR
   (E)  THERE  HAS  BEEN  AN EXCEEDANCE OF A MAXIMUM CONTAMINANT LEVEL OR
 ADVISORY LEVEL FOR A CONTAMINANT OR AN EMERGING CONTAMINANT; AND
   2. COMPLIANCE WITH THIS TITLE WOULD CONFLICT  WITH  CONTRACT  REQUIRE-
 MENTS IN EXISTENCE AS OF THE EFFECTIVE DATE OF THIS TITLE.
 § 27-3405. SINGLE-USE  PLASTIC  WATER  BOTTLES  COMPRISED OF ONE HUNDRED
              PERCENT RECYCLED MATERIAL.
   1. BEGINNING FIVE YEARS FROM THE EFFECTIVE DATE OF  THIS  SECTION,  NO
 PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY COMPANY OR
 CORPORATION SHALL MANUFACTURE, SELL, OR OFFER FOR  SALE  ANY  SINGLE-USE
 PLASTIC  WATER  BOTTLES  TO  ANY  PERSON  IN THE STATE UNLESS SUCH WATER
 BOTTLES ARE COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIALS.
   2. A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY
 OR CORPORATION WHICH MANUFACTURES  OR  SELLS  SINGLE-USE  PLASTIC  WATER
 BOTTLES  MAY  APPLY  TO  THE  DEPARTMENT  FOR A ONE-YEAR WAIVER FROM THE
 REQUIREMENTS OF THIS SECTION, UPON SUCH PROOF THAT SUCH PERSON OR ENTITY
 IS UNABLE TO COMPLY WITH THE REQUIREMENTS OF THIS  SECTION.  THEREAFTER,
 SUCH PERSON OR ENTITY MAY APPLY FOR ADDITIONAL ONE-YEAR WAIVERS UPON THE
 SATISFACTION OF SUCH SIMILAR PROOF.
   3.  THE REQUIREMENTS OF THIS SECTION SHALL BE SUSPENDED IN ANY COUNTY,
 CITY, TOWN OR VILLAGE WHERE:
   (A) A STATE OF EMERGENCY HAS BEEN DECLARED;
   (B) A BOIL WATER ADVISORY HAS BEEN ISSUED;
   (C) ACCESS TO DRINKING WATER IS BEING IMPEDED  DUE  TO  A  FAILURE  OF
 RELATED  INFRASTRUCTURE  OR  AN ONGOING WATER INFRASTRUCTURE IMPROVEMENT
 PROJECT;
   (D) A WATER UTILITY HAS REPORTED EMERGENCY CONDITIONS OR OTHER  PUBLIC
 HEALTH HAZARDS; OR
   (E)  THERE  HAS  BEEN  AN EXCEEDANCE OF A MAXIMUM CONTAMINANT LEVEL OR
 ADVISORY LEVEL FOR A CONTAMINANT OR AN EMERGING CONTAMINANT.
 § 27-3407. OTHER SINGLE-USE PLASTIC  BEVERAGE  CONTAINERS  COMPRISED  OF
              SEVENTY-FIVE PERCENT RECYCLED MATERIALS.
   1.  BEGINNING  FIVE  YEARS FROM THE EFFECTIVE DATE OF THIS SECTION, NO
 DEPOSIT INITIATOR, DISTRIBUTOR OR DEALER SHALL SELL OR OFFER  FOR  SALE,
 A. 6990                             3
 
 AT  WHOLESALE  OR  RETAIL IN THIS STATE, ANY SINGLE-USE PLASTIC BEVERAGE
 CONTAINER THAT IS COMPRISED OF LESS THAN SEVENTY-FIVE  PERCENT  RECYCLED
 MATERIALS.
   2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "SINGLE-USE PLASTIC BEVERAGE CONTAINER" SHALL MEAN ANY INDIVIDUAL
 BOTTLE, CAN, JAR, CARTON OR OTHER CONTAINER THAT IS COMPRISED WHOLLY  OR
 IN  LARGE  PART  OF  PLASTIC AND IS INTENDED TO BE DISPOSED OF AFTER ONE
 USE.
   (B) "RECYCLED MATERIALS" SHALL MEAN ANY PRODUCT WHICH HAS  BEEN  MANU-
 FACTURED FROM SECONDARY MATERIALS, AS DEFINED IN SECTION 27-0401 OF THIS
 ARTICLE.
 § 27-3409. ENFORCEMENT.
   ANY  PERSON  OR ENTITY WHO VIOLATES SECTION 27-3405 OR SECTION 27-3407
 OF THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT  OF  ONE
 HUNDRED  DOLLARS  FOR  THE  FIRST VIOLATION, TWO HUNDRED DOLLARS FOR THE
 SECOND VIOLATION COMMITTED ON A DIFFERENT DAY WITHIN A PERIOD OF  TWELVE
 MONTHS,  AND  FOUR  HUNDRED  DOLLARS  FOR  THE THIRD AND EACH SUBSEQUENT
 VIOLATION COMMITTED ON DIFFERENT DAYS WITHIN A PERIOD OF TWELVE  MONTHS,
 EXCEPT  THAT  THE  DEPARTMENT SHALL NOT ISSUE A NOTICE OF VIOLATION, BUT
 SHALL ISSUE A WARNING AND PROVIDE INFORMATION ON  COMPLIANCE  WITH  THIS
 TITLE.
   §  2.  The public health law is amended by adding a new section 1352-f
 to read as follows:
   § 1352-F. REUSABLE BEVERAGE AND FOOD CONTAINERS PROVIDED BY CUSTOMERS.
 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "FOOD SERVICE ESTABLISHMENT" SHALL MEAN A PUBLIC PLACE ENGAGED IN
 THE PREPARATION AND SERVICE ON THE PREMISES OF FOOD AND TO  THE  GENERAL
 PUBLIC.
   (B)  "REUSABLE  BEVERAGE  CONTAINER"  SHALL MEAN A BOTTLE, MUG, CUP OR
 OTHER CONTAINER THAT IS DESIGNED AND MANUFACTURED TO HOLD BEVERAGES  AND
 IS CAPABLE OF MULTIPLE REUSE.
   (C) "SINGLE-USE" SHALL MEAN A PRODUCT THAT IS DESIGNED AND INTENDED TO
 BE  USED ONLY FOR DRINKING OR EATING, AND IS GENERALLY RECOGNIZED BY THE
 PUBLIC AS AN ITEM THAT IS TO BE DISCARDED AFTER ONE USE.
   (D) "DISPOSABLE FOOD SERVICE CONTAINER"  SHALL  MEAN  ALL  CONTAINERS,
 BOWLS,  PLATES,  TRAYS,  CARTONS,  CUPS,  LIDS  AND OTHER ITEMS THAT ARE
 DESIGNED OR GENERALLY RECOGNIZED BY THE PUBLIC  AS  BEING  DESIGNED  FOR
 SINGLE-USE  TO  HOLD,  CONTAIN,  OR  TRANSPORT  FOODS, INCLUDING BUT NOT
 LIMITED TO, CONTAINERS  FOR  LEFTOVERS  FROM  PARTIALLY  CONSUMED  MEALS
 PREPARED  BY  FOOD  SERVICE  ESTABLISHMENTS.  THE  TERM "DISPOSABLE FOOD
 SERVICE CONTAINER" SHALL NOT INCLUDE ITEMS COMPOSED ENTIRELY OF ALUMINUM
 OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE INTENDED FOR REUSE.
   (E) "REUSABLE  FOOD  CONTAINER"  SHALL  MEAN  ALL  CONTAINERS,  BOWLS,
 PLATES, TRAYS, CARTONS, CUPS, LIDS AND OTHER ITEMS THAT ARE DESIGNED AND
 MANUFACTURED TO HOLD FOOD AND ARE CAPABLE OF MULTIPLE REUSE.
   2.  REQUIREMENTS.  (A)  ALL  FOOD  SERVICE ESTABLISHMENTS IN THE STATE
 SHALL SERVE TAP WATER TO CUSTOMERS, UPON REQUEST, IN A REUSABLE BEVERAGE
 CONTAINER PROVIDED BY THE CUSTOMER; PROVIDED THAT:
   (I) SUCH REUSABLE BEVERAGE CONTAINER IS CAPABLE OF AND APPROPRIATE FOR
 SERVING SUCH TAP WATER, AS DETERMINED BASED ON  THE  SIZE,  CLEANLINESS,
 MATERIAL,  AND  ANY  OTHER  RELEVANT  FACTORS,  OF THE REUSABLE BEVERAGE
 CONTAINER; AND
 A. 6990                             4

   (II) SUCH TAP WATER SHALL BE  DISPENSED  IN  A  MANNER  THAT  PREVENTS
 CONTACT  WITH,  OR  CONTAMINATION  OF,  THE FOOD-CONTACT SURFACES OF THE
 BEVERAGE DISPENSING EQUIPMENT.
   (B)  ANY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES BEVERAGES
 TO CUSTOMERS IN SINGLE-USE CONTAINERS SHALL NOT REFUSE THE REQUEST OF  A
 CUSTOMER WHO HAS ORDERED A BEVERAGE TO SERVE SUCH BEVERAGE IN A REUSABLE
 BEVERAGE  CONTAINER  PROVIDED  BY  THE  CUSTOMER IN SUBSTITUTION FOR THE
 SINGLE-USE  CONTAINER  PROVIDED  BY  THE  FOOD  SERVICE   ESTABLISHMENT,
 PROVIDED THAT:
   (I) SUCH REUSABLE BEVERAGE CONTAINER IS CAPABLE OF AND APPROPRIATE FOR
 SERVING  SUCH  BEVERAGE,  AS  DETERMINED BASED ON THE SIZE, CLEANLINESS,
 MATERIAL, AND ANY OTHER  RELEVANT  FACTORS,  OF  THE  REUSABLE  BEVERAGE
 CONTAINER; AND
   (II)  SUCH  BEVERAGE  SHALL  BE  DISPENSED  IN  A MANNER THAT PREVENTS
 CONTACT WITH, OR CONTAMINATION OF,  THE  FOOD-CONTACT  SURFACES  OF  THE
 BEVERAGE DISPENSING EQUIPMENT.
   (C)  ANY  FOOD  SERVICE ESTABLISHMENT IN THE STATE THAT SERVES FOOD TO
 CUSTOMERS IN DISPOSABLE FOOD SERVICE CONTAINERS  SHALL  NOT  REFUSE  THE
 REQUEST OF A CUSTOMER WHO HAS LEFTOVERS FROM PARTIALLY CONSUMED MEALS TO
 PACKAGE  SUCH  LEFTOVERS  IN  A  REUSABLE FOOD CONTAINER PROVIDED BY THE
 CUSTOMER IN SUBSTITUTION FOR THE DISPOSABLE FOOD CONTAINER  PROVIDED  BY
 THE FOOD SERVICE ESTABLISHMENT, PROVIDED THAT:
   (I)  SUCH  REUSABLE  FOOD  CONTAINER IS CAPABLE OF AND APPROPRIATE FOR
 PACKAGING SUCH LEFTOVERS, AS DETERMINED BASED ON THE SIZE,  CLEANLINESS,
 MATERIAL,  AND ANY OTHER RELEVANT FACTORS, OF THE REUSABLE FOOD CONTAIN-
 ER; AND (II) SUCH LEFTOVERS SHALL BE PACKAGED IN A MANNER THAT  PREVENTS
 CONTACT WITH, OR CONTAMINATION OF, THE FOOD-CONTACT SURFACES OF THE FOOD
 SERVING EQUIPMENT.
   3.  NOTIFICATION.  (A)  EVERY  FOOD SERVICE ESTABLISHMENT IN THE STATE
 SHALL CONSPICUOUSLY POST  SIGNAGE  INFORMING  CUSTOMERS  THAT  THEY  ARE
 PERMITTED  TO  REQUEST TAP WATER IN THEIR OWN REUSABLE BEVERAGE CONTAIN-
 ERS.
   (B) EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES BEVERAG-
 ES TO  CUSTOMERS  IN  SINGLE-USE  CONTAINERS  SHALL  CONSPICUOUSLY  POST
 SIGNAGE  INFORMING  CUSTOMERS  THAT  THEY  ARE  PERMITTED TO REQUEST THE
 SERVICE OF BEVERAGES IN THEIR OWN REUSABLE BEVERAGE CONTAINERS.
   (C) EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES FOOD  TO
 CUSTOMERS IN DISPOSABLE FOOD SERVICE CONTAINERS SHALL CONSPICUOUSLY POST
 SIGNAGE INFORMING CUSTOMERS THAT THEY ARE PERMITTED TO REQUEST THE PACK-
 AGING  OF  LEFTOVERS FROM PARTIALLY CONSUMED MEALS IN THEIR OWN REUSABLE
 FOOD CONTAINERS.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.