BILL NO A00191
SAME AS No same as
SPONSOR Kavanagh
COSPNSR
MLTSPNSR
Amd SS27-2701, 27-2703, 27-2705, 27-2707 & 27-2709, En Con L
Relates to the recycling of film plastic.
S T A T E O F N E W Y O R K
________________________________________________________________________
191
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
recycling of film plastic
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 27-2701 of the environmental conservation law, as
2 added by chapter 641 of the laws of 2008, is amended by adding a new
3 subdivision 7 to read as follows:
4 7. "FILM PLASTIC" MEANS UNCONTAMINATED NON-RIGID FILM PLASTIC PACKAG-
5 ING PRODUCTS COMPOSED OF PLASTIC RESINS, WHICH INCLUDE, BUT ARE NOT
6 LIMITED TO, NEWSPAPER BAGS, DRY CLEANING BAGS AND SHRINK-WRAP.
7 S 2. Subdivision 1 of section 27-2703 of the environmental conserva-
8 tion law, as added by chapter 641 of the laws of 2008, is amended to
9 read as follows:
10 1. The operator of a store shall establish an at-store recycling
11 program pursuant to the provisions of this title that provides an oppor-
12 tunity for a customer of the store to return to the store clean plastic
13 carryout bags AND FILM PLASTIC.
14 S 3. Subdivisions 2, 3 and 4 of section 27-2705 of the environmental
15 conservation law, as added by chapter 641 of the laws of 2008, are
16 amended to read as follows:
17 2. a plastic carryout bag collection bin that is visible, easily
18 accessible to the consumer, and clearly marked that the collection bin
19 is available for the purpose of collecting and recycling plastic carry-
20 out bags AND FILM PLASTIC. This subdivision shall apply to stores not
21 within an enclosed shopping mall and stores of at least fifty thousand
22 square feet within an enclosed shopping mall. In the case of an enclosed
23 shopping mall, the owner of the enclosed mall shall place bins at
24 reasonable intervals throughout the enclosed mall area;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03512-01-3
A. 191 2
1 3. all plastic carryout bags AND FILM PLASTIC collected by the store
2 to be collected, transported and recycled along with any other in-store
3 plastic recycling, except for plastic bags that are not sufficiently
4 free of foreign material to enter the recycling stream. Plastic carryout
5 bags AND FILM PLASTIC collected by the store or the manufacturer, which
6 are free of foreign material, shall not be disposed of in any solid
7 waste disposal facility permitted or authorized pursuant to title seven
8 of this article;
9 4. the store or its agent to maintain, for a minimum of three years,
10 records describing the collection, transport and recycling of plastic
11 carryout bags AND FILM PLASTIC collected by weight, provided however
12 that stores or its agents may weigh such bags, FILM PLASTIC and any
13 other in-store plastic recycling at a regional collection center. Such
14 records shall be made available to the department upon request, to
15 demonstrate compliance with this title; and
16 S 4. Subdivision 1 of section 27-2707 of the environmental conserva-
17 tion law, as added by chapter 641 of the laws of 2008, is amended to
18 read as follows:
19 1. When the manufacturer accepts plastic carryout bags AND FILM PLAS-
20 TIC for return, it or its agent shall maintain, for a minimum of three
21 years, records describing the collection, transport and recycling of
22 plastic carryout bags AND FILM PLASTIC collected by weight, provided
23 that the manufacturer or its agents may weigh such bags, FILM PLASTIC
24 and any other plastic resins at a regional collection center. Such
25 records shall be made available to the department upon request, to
26 demonstrate compliance with this title.
27 S 5. Section 27-2709 of the environmental conservation law, as added
28 by chapter 641 of the laws of 2008, is amended to read as follows:
29 S 27-2709. Department responsibility.
30 1. The department shall develop educational materials to encourage the
31 reduction, reuse and recycling of plastic carryout bags AND FILM PLASTIC
32 and shall make those materials available to stores required to comply
33 with this article.
34 2. The department shall provide information regarding the availability
35 of recycling facilities and companies that recycle plastic bags AND FILM
36 PLASTIC, including the addresses and phone numbers of such facilities
37 and companies to stores required to comply with this article.
38 S 6. This act shall take effect on the sixtieth day after it shall
39 have become a law.
