NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6020
SPONSOR: Simon TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
sale of plastic trash bags
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is require plastic bags to contain a
minimum percentage of post-consumer material.
SUMMARY OF PROVISIONS:
Section 1 - Amends Article 27 of the environmental conservation law
creating a new title 30 "Regulation of Plastic Trash bags". Every plas-
tic trash bag for sale in the state shall contain by weight, at least
thirty percent recycled post-consumer material. The Department of Envi-
ronmental Conservation may promulgate rules and regulations requiring- a
higher percentage of post-consumer material. Labeling requirements Every
plastic trash bad sold in the state shall be labeled by the manufacturer
indicating the post-consumer material content. Violations of this
section will result in a warning for the first violation, any subsequent
violations will result in a $500 fine per violation.
Section 2 - This act shall take effect January 1, 2022.
JUSTIFICATION:
Single-use plastic products have become part of modern life. However, as
international recycling markets have changed it has become increasingly
difficult to fund buyers of post-consumer plastics. The United Nations
estimates that since the 1950s the rate of plastic production has grown
faster than any other material. Plastic pollution is prevalent in all
segments of the environment but of particular concern in streams, rivers
and oceans. Since plastics do not degrade quickly they may persist in
the environment for centuries. Plastic products also poses a threat to
the climate. A recent study by the University of California Santa
Barbara estimated that in 2015 all emission from plastic amounted to
nearly 1.8 billion metric tons of carbon dioxide. To address this envi-
ronmental crisis more support unities for post-consumer plastics must be
created. A California law requires at least ten percent of the weight of
plastic trash bags contain post-consumer materials. This legislation
would do the same but raise that threshold to thirty percent. By requir-
ing thirty percent post-consumer material in plastic trash bags, a new
market emerges for the reuse of plastics which contributes to an overall
reduction in plastic production.
LEGISLATIVE HISTORY:
2023-24: A3820 Fahy -referred to environmental conservation
A3310 2021-22
A8878 2019-20
FISCAL IMPLICATIONS:
none
EFFECTIVE DATE:
this act shall take effect January 1, 2028
STATE OF NEW YORK
________________________________________________________________________
6020
2025-2026 Regular Sessions
IN ASSEMBLY
February 25, 2025
___________
Introduced by M. of A. SIMON, SEAWRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
sale of plastic trash bags
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 27 of the environmental conservation law is amended
2 by adding a new title 34 to read as follows:
3 TITLE 34
4 REGULATION OF PLASTIC TRASH BAGS
5 Section 27-3401. Definitions.
6 27-3403. Regulation of the sale of plastic trash bags.
7 27-3405. Labeling requirements.
8 27-3407. Violations.
9 27-3409. Regulations.
10 § 27-3401. Definitions.
11 As used in this title:
12 1. "Manufacturer" shall mean any person, firm, association, partner-
13 ship, or corporation, which makes plastic trash bags to be used in the
14 disposal of waste.
15 2. "Plastic trash bag" shall mean a bag intended to hold, store, or
16 transport materials meant to be discarded, composted, or recycled,
17 including but not limited to garbage bags, composting bags, yard bags,
18 can-liners, and recycling bags.
19 3. "Post-consumer material" shall mean those products or materials
20 generated by a business or consumer which have served their intended end
21 use as consumer items and which have been separated or diverted from the
22 waste stream for the purposes of collection and recycling as a secondary
23 material feedstock.
24 4. "Retailer" shall mean any person, firm or corporation that engages
25 in the sale of plastic trash bags.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04849-01-5
A. 6020 2
1 § 27-3403. Regulation of the sale of plastic trash bags.
2 Every plastic trash bag offered for sale or sold by a retailer in this
3 state shall contain, by weight, at least thirty percent recycled post-
4 consumer material. The department may promulgate rules and regulations
5 requiring a higher percentage of post-consumer material content for
6 plastic trash bags.
7 § 27-3405. Labeling requirements.
8 Every package of plastic trash bags sold in this state shall be
9 labeled by the manufacturer indicating the post-consumer material
10 content of the plastic trash bags by weight.
11 § 27-3407. Violations.
12 1. Any retailer found to be in violation of this title shall receive a
13 warning notice for the first violation. Any retailer found to subse-
14 quently be in violation of this title shall be subject to a penalty of
15 five hundred dollars per violation.
16 2. Any manufacturer found in violation of this title shall be subject
17 to a penalty of five hundred dollars per violation.
18 3. No retailer shall be found in violation of this title if such
19 retailer in good faith relies on the label as required by section
20 27-3405 of this title.
21 § 27-3409. Regulations.
22 The department is authorized to promulgate any rules and regulations
23 necessary to implement the provisions of this title.
24 § 2. This act shall take effect January 1, 2028.
