BILL NUMBER: S3993

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to allowing
certain reusable beverage containers in sports venues

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow patrons at sports venues to use their own reusable beverage
containers which will reduce the use of plastic.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new section 391-r to the general business
law. Paragraph one of new 391-r defines (a) "reusable beverage contain-
er" as a drinking vessel that is composed primarily of aluminum or
stainless steel, and is designed and manufactured to be capable of
multiple reuses, including a bottle or cup; and (b) "sports venue" as a
building, structure, or place in which professional or collegiate sport-
ing competitions are held. Paragraph two of new 391-r states that a
              

sports venue shall not prohibit an attending individual from bringing a
reusable beverage container into the sports venue and includes language
allowing the venue to require the container to be empty upon entering,
not contain a cap and allowing the venue to restrict the container size
to no more than twenty-four fluid ounces.  Paragraph 3 of new 391-r
establishes that a sports venue that violates this section or any
related rule shall be liable for a civil penalty not to exceed five
hundred dollars for the first violation and seven hundred dollars for
any subsequent violation.

Section 2 is the effective date.

 
JUSTIFICATION:

Reducing the use of single use plastic bottles will benefit our environ-
ment and our health.

A July 2023 article in cleanwater.org{i} describes some of the negative
impacts on our health caused by single use plastic bottles.  It sites a
study{ii} conducted by the chemistry department of the State University
of New York at Fredonia which shows that 93% of the plastic bottled
water tested contained harmful chemicals and microplastics. Only 17 out
of 259 samples contained no microplastics while one bottle of Nestle
Pure life had concentrations as high as 10,000 plastic pieces per liter.

The National Institute of Health{iii} has linked the presence of BPA
(Biphenyl A) to diabetes, obesity, fertility problems, behavior problems
and early puberty in girls due to being an estrogen mimicking chemical.

Billions of single-use plastic bottles are produced every year and only
a small percentage of them are recycled. The United States alone uses
nearly 50 million plastic water bottles each year. Most of these end up
in waterways and landfills and are a major contributor to stormwater
pollution and negative environmental effects. Plastic bottles are one of
the top littered items in the oceans and waterways. It is estimated that
only 23% of the plastic water bottles purchased in the US are recycled.

Encouraging the use of reusable water bottles will help improve our
environment by cutting down on waste and litter and it will help improve
our health by reducing exposure to chemicals with detrimental impacts on
our health. Additionally, using reusable water bottles encourages us to
drink more water and it saves us money - its estimated that a $20 reus-
able water bottle saves each person $6,180 in five years.

New York City has enacted a law{iv} requiring sports venues to allow
attendees to enter the venue with a reusable beverage container. New
York State should enact this bill into law to ensure this practical
approach with proven environmental and health benefits is encouraged
throughout the state of New York.

 
PRIOR LEGISLATIVE HISTORY:

2024: A9890B / S9330-A - third reading / DIED IN CONSUMER PROTECTION

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
becomes a law.
(i) https://cleanwater.org/2023/07/10/reusable- waterbottlesunderstan-
dingreas ons-why-use-them
(ii) https://www.ncbi.nlm.nih.govipmciarticles/PMC6141690/
(iii) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8230545/
(iv) https://legistar.council.nyc.gov/LegislationDet