New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A00191 Summary:

A00191 Actions:

A00191 Floor Votes:

A00191 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         191--B
                                                                 Cal. No. 14
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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    §  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    §  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    § 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    §  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  § 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    § 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  § 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    § 7. This act shall take effect March 1, 2015.