Requires the placement of the recycling receptacle/collection bin near the entrance of the store, if practicable; makes related provisions; mandates a sign be posted above the receptacle/collection bin indicating that this is the location to recycle plastic bags, including grocery store bags, dry cleaning bags, and newspaper bags.
STATE OF NEW YORK
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1196
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
certain recycling program requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 27-2705 of the environmental conservation law, as
2 added by chapter 641 of the laws of 2008, subdivisions 2, 3 and 4 as
3 amended by chapter 481 of the laws of 2014, is amended to read as
4 follows:
5 § 27-2705. Recycling program requirements.
6 An at-store recycling program provided by the operator of a store
7 shall require:
8 1. a plastic carryout bag provided by the store to have printed or
9 displayed on the bag, in a manner visible to a consumer, the words
10 "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
11 er, such store shall be allowed for one year from the effective date of
12 this subdivision to use its existing stock of plastic carryout bags. A
13 store may also apply to the commissioner for approval of an alternative
14 plastic bag recycling message. The commissioner shall approve or reject
15 the proposed message within forty-five days;
16 2. a collection bin that is visible, near the entrance of such store,
17 if practicable, easily accessible to the consumer, and clearly marked,
18 with a sign in at least sixteen point font and placed above such bin,
19 indicating that this is the location to recycle plastic bags, including,
20 but not limited to, grocery store bags, dry cleaning bags and newspaper
21 bags and that the collection bin is available for the purpose of
22 collecting and recycling plastic carryout bags and film plastic. This
23 subdivision shall apply to stores not within an enclosed shopping mall
24 and stores of at least fifty thousand square feet within an enclosed
25 shopping mall. In the case of an enclosed shopping mall, the owner of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01271-01-7
S. 1196 2
1 the enclosed mall shall place bins at reasonable intervals throughout
2 the enclosed mall area;
3 3. all plastic carryout bags and film plastic collected by the store
4 to be collected, emptied regularly, transported and recycled along with
5 any other in-store plastic recycling, except for plastic bags that are
6 not sufficiently free of foreign material to enter the recycling stream.
7 Plastic carryout bags and film plastic collected by the store or the
8 manufacturer, which are free of foreign material, shall not be disposed
9 of in any solid waste disposal facility permitted or authorized pursuant
10 to title seven of this article;
11 4. the store or its agent to maintain, for a minimum of three years,
12 records describing the collection, transport and recycling of plastic
13 carryout bags and film plastic collected by weight, provided however
14 that stores or its agents may weigh such bags, film plastic and any
15 other in-store plastic recycling at a regional collection center. Such
16 records shall be made available to the department upon request, to
17 demonstrate compliance with this title; and
18 5. the operator of the store to (a) make reusable bags available to
19 customers within the store for purchase, and (b) permit a reuseable bag
20 to be used in lieu of a plastic carryout bag or paper bag.
21 § 2. This act shall take effect on the one hundred twentieth day after
22 it shall have become a law.