Relates to recycling program requirements

Title of bill

An act to amend the environmental conservation law, in relation to certain recycling program requirements

Title of bill

An act to amend the environmental conservation law, in relation to certain recycling program requirements

Purpose or general idea of bill

To improve access to the plastic bag recycling program in New York State and allow the Department of Environmental Conservation to ensure compliance with the current regulations.

Summary of provisions

Section 1 of the bill amends section 27-2705 (recycling program requirements) of the environmental conservation law, as added by chapter 641 of the laws of 2008, subdivisions 2, 3, and 4 as amended by chapter 481 of the laws of 2014.

Subdivision 2 of this section is amended to require that the collection bin be placed near the entrance of such store if practicable and that a sign in at least sixteen point font be placed above the bin, indicating that this is the location to recycle plastic bags, including, but not limited to, grocery store bags, dry cleaning bags, and newspaper bags.

Subdivision 3 is amended to require regular emptying of the bins.

Justification

Under current law, store operators-defined as retail establishments with over 10,000 square of retail space or chain stores with 5 or more franchises with over 5,000 square feet of retail space-must establish an in-store recycling program for "carry-out" plastic bags.

In-store recycling programs must meet some basic requirements. First, the collection bin must visible and easily accessible to the consumer. Second, all bags collected by the retailer must be recycled, regardless of origin. Third, the retailer must keep three years of records detailing the collection, transport and recycling of plastic carryout bags and film plastic by weight. Fourth the retailer must offer reusable bags as an alternative to the plastic bags. And finally, all plastic carryout bags must be printed with the following statement" "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Manufacturers of plastic carryout bags to be sold to stores must accept the return of plastic carryout bags and keep records in the same as store operators.

This law closely mirrors measures taken by other states to reduce the use of plastic bags. However, there is room for improvement regarding access to plastic bag recycling and to ensure compliance with the current regulations. This bill does just that without taking extreme measures, such as completely banning or imposing fees on plastic bags. Imposition of fees on plastic bags in other jurisdictions has not largely altered the behavior habits of consumers, who continue to use plastic bags. Fees also disproportionally burden low-income families and become a tax on those who can least afford it. This bill looks to encourage consumers to recycle more by improving access to collection bins in requiring their placement closer to the entrance of the store and by making the recycling program more apparent by requiring a sign be placed above the collection bin to clarify that many other types of plastic bags can be recycled at these locations and clarify that the bin must be emptied regularly.

Prior legislative history

New bill.

Fiscal implications for state and local governments

To be determined.

Effective date

This act shall take effect on the one hundred and twentieth day after it shall have become a law.