STATE OF NEW YORK
________________________________________________________________________
6144
2009-2010 Regular Sessions
IN ASSEMBLY
February 26, 2009
___________
Introduced by M. of A. COLTON -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
reuse of carryout bags
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading, and subdivisions 4 and 5 of section
2 27-2705 of the environmental conservation law, as added by chapter 641
3 of the laws of 2008, are amended and two new subdivisions 6 and 7 are
4 added to read as follows:
5 Recycling and reuse program requirements.
6 4. the store or its agent to maintain, for a minimum of three years,
7 records describing the collection, transport and recycling of plastic
8 carryout bags collected by weight, provided however that stores or its
9 agents may weigh such bags and any other in-store plastic recycling at a
10 regional collection center. Such records shall be made available to the
11 department upon request, to demonstrate compliance with this title;
12 [and]
13 5. the operator of the store to (a) make reusable bags available to
14 customers within the store for purchase, and (b) permit a reuseable bag
15 to be used in lieu of a plastic carryout bag or paper bag[.];
16 6. the operator of the store to pay a minimum of two cents for each
17 plastic carryout bag, paper bag or reusable bag brought in by the
18 customer for reuse to carry purchased products from the store; and
19 7. the operator of the store to prominently post a notice that custom-
20 ers will be credited a minimum of two cents or the amount that the store
21 operator allows for each reused bag.
22 § 2. This act shall take effect on the first of September next
23 succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09130-01-9
