A00191 Summary:

BILL NO    A00191B

SAME AS    SAME AS S05817-A

SPONSOR    Kavanagh

COSPNSR    Abinanti, Rozic

MLTSPNSR   Glick

Amd SS27-2701, 27-2703, 27-2705, 27-2707, 27-2709 & 27-2713, En Con L

Relates to the recycling of film plastic.
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A00191 Actions:

BILL NO    A00191B

01/09/2013 referred to environmental conservation
06/06/2013 amend and recommit to environmental conservation
06/06/2013 print number 191a
06/13/2013 reported referred to codes
06/19/2013 reported referred to rules
06/20/2013 reported 
06/20/2013 rules report cal.582
06/20/2013 ordered to third reading rules cal.582
06/20/2013 passed assembly
06/20/2013 delivered to senate
06/20/2013 REFERRED TO RULES
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.14
01/22/2014 amended on third reading 191b
02/11/2014 passed assembly
02/11/2014 delivered to senate
02/11/2014 REFERRED TO ENVIRONMENTAL CONSERVATION
05/13/2014 SUBSTITUTED FOR S5817A
05/13/2014 3RD READING CAL.169
05/13/2014 PASSED SENATE
05/13/2014 RETURNED TO ASSEMBLY
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A00191 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        191--B
                                                                Cal. No. 14

                              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  --  committee  discharged,  bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee  --  advanced  to  a third reading, amended and ordered reprinted,
         retaining its place on the order of third reading

       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. Subdivision 2  of  section  27-2701  of  the  environmental
    2  conservation  law,  as  added  by  chapter  641  of the laws of 2008, is
    3  amended and a new subdivision 7 is added to read as follows:
    4    2. "Manufacturer" means the producer of a plastic carryout bag OR FILM
    5  PLASTIC sold to a store or the manufacturer's agent or broker  who  sold
    6  the plastic carryout bag OR FILM PLASTIC to the store.
    7    7.  "FILM PLASTIC" MEANS UNCONTAMINATED NON-RIGID FILM PLASTIC PACKAG-
    8  ING PRODUCTS COMPOSED OF PLASTIC RESINS,  WHICH  INCLUDE,  BUT  ARE  NOT
    9  LIMITED TO, NEWSPAPER BAGS, DRY CLEANING BAGS AND SHRINK-WRAP.
   10    S  2.  Subdivision 1 of section 27-2703 of the environmental conserva-
   11  tion law, as added by chapter 641 of the laws of  2008,  is  amended  to
   12  read as follows:
   13    1.  The  operator  of  a  store  shall establish an at-store recycling
   14  program pursuant to the provisions of this title that provides an oppor-
   15  tunity for a customer of the store to return to the store clean  plastic
   16  carryout bags AND FILM PLASTIC.
   17    S  3.  Subdivisions 2, 3 and 4 of section 27-2705 of the environmental
   18  conservation law, as added by chapter 641  of  the  laws  of  2008,  are
   19  amended to read as follows:
   20    2.  a  [plastic  carryout  bag] collection bin that is visible, easily
   21  accessible to the consumer, and clearly marked that the  collection  bin

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03512-05-3
       A. 191--B                           2

    1  is  available for the purpose of collecting and recycling plastic carry-
    2  out bags AND FILM PLASTIC.  This subdivision shall apply to  stores  not
    3  within  an  enclosed shopping mall and stores of at least fifty thousand
    4  square feet within an enclosed shopping mall. In the case of an enclosed
    5  shopping  mall,  the  owner  of  the  enclosed  mall shall place bins at
    6  reasonable intervals throughout the enclosed mall area;
    7    3. all plastic carryout bags AND FILM PLASTIC collected by  the  store
    8  to  be collected, transported and recycled along with any other in-store
    9  plastic recycling, except for plastic bags  that  are  not  sufficiently
   10  free of foreign material to enter the recycling stream. Plastic carryout
   11  bags  AND FILM PLASTIC collected by the store or the manufacturer, which
   12  are free of foreign material, shall not be  disposed  of  in  any  solid
   13  waste  disposal facility permitted or authorized pursuant to title seven
   14  of this article;
   15    4. the store or its agent to maintain, for a minimum of  three  years,
   16  records  describing  the  collection, transport and recycling of plastic
   17  carryout bags AND FILM PLASTIC collected  by  weight,  provided  however
   18  that  stores  or  its  agents  may weigh such bags, FILM PLASTIC and any
   19  other in-store plastic recycling at a regional collection  center.  Such
   20  records  shall  be  made  available  to  the department upon request, to
   21  demonstrate compliance with this title; and
   22    S 4. Subdivision 1 of section 27-2707 of the  environmental  conserva-
   23  tion  law,  as  added  by chapter 641 of the laws of 2008, is amended to
   24  read as follows:
   25    1. When the manufacturer accepts plastic carryout bags AND FILM  PLAS-
   26  TIC  for  return, it or its agent shall maintain, for a minimum of three
   27  years, records describing the collection,  transport  and  recycling  of
   28  plastic  carryout  bags  AND  FILM PLASTIC collected by weight, provided
   29  that the manufacturer or its agents may weigh such  bags,  FILM  PLASTIC
   30  and  any  other  plastic  resins  at  a regional collection center. Such
   31  records shall be made available  to  the  department  upon  request,  to
   32  demonstrate compliance with this title.
   33    S  5.  Section 27-2709 of the environmental conservation law, as added
   34  by chapter 641 of the laws of 2008, is amended to read as follows:
   35  S 27-2709. Department responsibility.
   36    1. The department shall develop educational materials to encourage the
   37  reduction, reuse and recycling of plastic carryout bags AND FILM PLASTIC
   38  and shall make those materials available to stores  required  to  comply
   39  with this article.
   40    2. The department shall provide information regarding the availability
   41  of recycling facilities and companies that recycle plastic bags AND FILM
   42  PLASTIC,  including  the  addresses and phone numbers of such facilities
   43  and companies to stores required to comply with this article.
   44    S 6. Section 27-2713 of the environmental conservation law,  as  added
   45  by chapter 641 of the laws of 2008, is amended to read as follows:
   46  S 27-2713. Preemption.
   47    Jurisdiction in all matters pertaining to plastic bag AND FILM PLASTIC
   48  recycling  is  by  this  article  vested  exclusively  in the state. Any
   49  provision of any local law or  ordinance,  or  any  rule  or  regulation
   50  promulgated  thereto,  governing  the recycling of plastic bags AND FILM
   51  PLASTIC shall, upon the effective date  of  this  title,  be  preempted.
   52  Provided  however,  nothing in this section shall preclude a person from
   53  coordinating for recycling or reuse the collection of  plastic  bags  OR
   54  FILM PLASTIC.
   55    S 7. This act shall take effect March 1, 2015.
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