What's happening
This bill prohibits most plastic carryout bags at points of sale in New York, with certain exemptions, and preempts local bag regulations.
Why it matters
Directly targets single-use plastic pollution. By prohibiting most plastic carryout bags at checkout, the bill aims to significantly reduce plastic waste entering landfills and waterways, which is a major source of environmental harm.
Creates a uniform statewide standard. The law preempts any local regulations or fees on plastic or single-use bags, ensuring that businesses and consumers face the same rules across New York, which can simplify compliance but limits local government flexibility.
Allows for practical exceptions. The bill includes a range of exemptions for certain bags (e.g., those used for meat, produce, takeout food, newspapers, trash, and garments), balancing environmental goals with practical needs for hygiene and convenience in specific situations.
Signals a shift in consumer behavior. By restricting plastic bag availability at points of sale, the law encourages the use of reusable bags and may drive broader shifts in consumer habits towards sustainability.
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Who cares
Headline styles
Ban Plastic Shopping Bags
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8257
IN SENATE
April 24, 2018
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to prohibiting plastic carryout bags
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 27-2708 to read as follows: § 27-2708. Plastic carryout bag prohibition.
1. Beginning January first, two thousand nineteen, the provision of plastic carryout bags at any point of sale to customers is prohibited.
2. This prohibition does not apply to (i) a reusable bag that is not made of film plastic or a compostable bag; (ii) a plastic bag used solely to contain or wrap uncooked meat, fish, or poultry; (iii) a plastic bag used by a customer solely to package bulk items, such as fruits, vegetables, nuts, grains, or candy; (iv) a plastic bag used solely to contain food sliced to order; (v) a plastic bag used solely to contain a newspaper for delivery to a subscriber; (vi) plastic bags sold in bulk; (vii) a plastic bag prepackaged for sale to a customer including, but not limited to, a trash bag and a food storage bag; (viii) a plastic garment bag; (ix) a plastic bag provided by a restaurant, tavern or similar establishment to carry out or deliver food; or (x) any other bag exempted by the department in regulations.
§ 2. Section 27-2713 of the environmental conservation law, as amended by chapter 481 of the laws of 2014, is amended to read as follows: § 27-2713. Preemption.
Jurisdiction in all matters pertaining to plastic bag and film plastic recycling and fees or other measures associated with reducing the use of single use bags is by this article vested exclusively in the state. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing the recycling of plastic bags and film plastic and fees or other measures associated with single use bags shall, upon the effective date of this title, be preempted. Provided
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12007-02-8
S. 8257 2
however, nothing in this section shall preclude a person from coordinating for recycling or reuse the collection of plastic bags or film plastic.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to prohibiting plastic carryout bags
Purpose of the bill
This bill would amend the environmental conservation law to impose a ban on plastic carryout bags.
Summary of provisions
Section 1 of this bill would add a new section 27-2708 to the environ- mental conservation law (ECL) to prohibit the provision of plastic carryout bags to customers at the point of sale beginning January 1, 2019.
Section 2 of this bill would amend section 27-2713 of the ECL, describ- ing preemption.
Section 3 of this bill provides for an immediate effective date.
Justification
Throughout New York State, plastic bags have become a ubiquitous sight on the landscape. They can be seen stuck in trees, as litter in our neighborhoods, floating in our waterways and are a general aesthetic eyesore of our environment. Single-use plastic bags are a detriment to the health of communities and the environment alike. From the signif- icant recycling and disposal issues they pose to the litter and harm to wildlife they create, their negative impacts can be seen daily. These problems with single-use plastic bags are not only a statewide problem but are a national as well as international issue of concern.
Placing a ban on plastic carryout bags will result in a significant reduction of waste, lessening these environmental impacts. New York City alone estimates they would save $12.5 million in disposal costs by reducing the number of disposable bags used. These costs do not include the significant cleanup costs to remove this plastic through litter collection programs and beach and ocean cleanup efforts. Plastic bag reduction further translates to reductions in the raw material and natural resources used to make, transport, and recycle the bags. Fewer carryout bags given away at checkout could result in decreased recycling and disposal costs for municipalities and municipal recycling facili- ties.
In New York State, a multitude of cities, towns or villages have enacted plastic bag bans. This proposal will provide an incentive for consumers to use reusable bags which have been shown to be an effective and appro- priate means to carry products and goods. A statewide solution is neces- sary to eliminate the costly and negative impacts of plastic bags on New York's natural resources.
Prior legislative history
This is a new bill.
Budget implications
None known.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.