Provides for the reduction of plastic bags, including other plastic films

Summary of provisions

Section 1: Amends the Legislative findings of Chapter 641 of 2008.

§ 2. Amends subdivisions 4, 5 and 6 of section 27-2701 of the environmental conservation law (ECL) and adds two new subdivisions 6 and 7, to provide exclude reusable or compostable plastic bags from the definition of "plastic carryout bag," exempt durable plastic bags with handles that are at least 2.25 mils thick, and exempt food service establishments from the bill's recycling requirements. Additionally, this section defines film plastic and food service establishment.

§ 3. Amends Section 27-2703 of the ECL to provide for the recycling of film plastic.

§ 4. Amends section 27-2705 of the ECL to conform the wording on the plastic bags to conform to New York City's statute. Additionally, stores would be allowed to use their existing stock of plastic bags prior to providing the new bags with the required wording "PLEASE REUSE OR RECYCLE AT A PARTICIPATING STORE." Lastly, this section requires a compostable plastic bag provided by the store to a customer to have printed on the bag, in a manner visible to the consumer, the words "COMPOSTABlE BAG - DO NOT PLACE IN RECYCLING BIN", provided that non-conforming bags may be used for six months subsequent to the effective date so that store's existing stock of compostable plastic bags may be exhausted.

§ 5. Amends section 27-2707 of the ECL to provide that plastic carryout bags and film plastic collected by the manufacturer -- which are free of foreign material -- shall not be disposed of in any solid waste disposal facility.

§ 6. Amends section 27-2709 of the ECL to authorize the commissioner of the Department of Environmental Conservation to require any and all stores or a cross-section thereof which are subject to this title to periodically submit, no more frequently than annually, some or all of the information required to be collected.

§ 7. Amends section 27-2713 of the ECL to exempt New York City's plastic bag recycling law from the local preemption contained in Chapter 641. This section also provides that counties not wholly contained within a city are authorized to enforce the provisions of this title.

§ 8. Amends section 71-2728 of the ECL to increase the fines contained in Chapter 641. Chapter 641 contained the following sanctions:

* 1st Offense - Warning * 2nd Offense - Fine up to $100 * 3rd or subsequent Offense - Fine up to $500

This bill would change the sanctions to:

* 1st Offense - Fine up to $100 * 2nd Offense - Fine up to $500 * 3rd or subsequent Offense - Fine up to $750.

§ 9. Provides that the bill will take effect immediately, provided however that the New York City exemption would take effect retroactively, and the duty to collect film plastic would take effect on July 1, 2009.

Existing law

Chapter 641 of the laws of 2008 established a State-wide program requiring operators of certain retail businesses which provide plastic carryout bags to implement a program for the collection and recycling of such bags.

Justification

After both Houses passed S.8643-A (Chapter 641 of 2008), concerns were expressed that a local law enacted by the City of New York ("City") earlier in the year, which established a City-wide recycling program for plastic carryout bags and film plastic, would be preempted. It has been suggested that the local law is better suited for the City because, for example, the local law uses a lower square footage threshold to determine which stores must recycle. It has also been suggested that Chapter 641 would be more effective if it provided for the recycling of film plastic like the City's law does.

Legislative history

New bill.

Fiscalimplications

None.

Local fiscal implications

None.

Effective date

Immediately, provided however that the New York City exemption would take effect retroactively, and the duty to collect film plastic would take effect on July 1, 2009.