Rpld & add §§27-2701, 27-2703, 27-2707, 27-2709 & 27-2713, add Art 27 Title 27 §§27-2702 & 27-2712, En Con L;
add §97-yyyy, St Fin L
Establishes a framework for eliminating the use of plastic bags by certain stores, with limited exceptions; includes a requirement for certain stores to supply reuseable or recycled paper bags to recipients of SNAP and WIC benefits at no cost; establishes a "reuseable grocery bag fund".
STATE OF NEW YORK
________________________________________________________________________
8793
IN SENATE
May 18, 2018
___________
Introduced by Sen. SANDERS -- 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 plas-
tic bag reduction, reuse and recycling; to amend the state finance
law, in relation to the reusable grocery bag fund; and to repeal
certain provisions of the environmental conservation law relating
thereto
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2 added by chapter 641 of the laws of 2008, is REPEALED and a new section
3 27-2701 is added to read as follows:
4 § 27-2701. Definitions.
5 1. "Department" means the department of environmental conservation.
6 2. "Postconsumer recycled material" means a material that would other-
7 wise be destined for solid waste disposal, having completed its intended
8 end use and product life cycle. Postconsumer recycled material does not
9 include materials and byproducts generated from, and commonly reused
10 within, an original manufacturing and fabrication process.
11 3. "Recycled paper bag" means a paper carryout bag provided by a store
12 to a customer at the point of sale that meets all of the following
13 requirements:
14 (a) (1) Except as provided in subparagraph (2) of this paragraph,
15 contains a minimum of forty percent postconsumer recycled materials.
16 (2) An eight pound or smaller recycled paper bag shall contain a mini-
17 mum of twenty percent postconsumer recycled material.
18 (b) Is accepted for recycling in curbside programs in a majority of
19 households that have access to curbside recycling programs in the state.
20 (c) Has printed on the bag the name of the manufacturer, the country
21 where the bag was manufactured, and the minimum percentage of postcon-
22 sumer content.
23 4. "Reusable grocery bag" means a bag that is provided by a store to a
24 customer at the point of sale that meets the requirements of section
25 27-2703 of this title.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10016-02-7
S. 8793 2
1 5. (a) "Reusable grocery bag producer" means a person or entity that
2 does any of the following:
3 (1) Manufactures reusable grocery bags for sale or distribution to a
4 store.
5 (2) Imports reusable grocery bags into this state, for sale or
6 distribution to a store.
7 (3) Sells or distributes reusable bags to a store.
8 (b) "Reusable grocery bag producer" does not include a store, with
9 regard to a reusable grocery bag for which there is a manufacturer or
10 importer, as specified in subparagraph (1) or (2) of paragraph (a) of
11 this subdivision.
12 6. (a) "Single-use carryout bag" means a bag made of plastic, paper,
13 or other material that is provided by a store to a customer at the point
14 of sale and that is not a recycled paper bag or a reusable grocery bag
15 that meets the requirements of section 27-2703 of this title.
16 (b) A single-use carryout bag does not include any of the following:
17 (1) A bag provided by a pharmacy.
18 (2) A nonhandled bag used to protect a purchased item from damaging or
19 contaminating other purchased items when placed in a recycled paper bag,
20 a reusable grocery bag, or a compostable plastic bag.
21 (3) A bag provided to contain an unwrapped food item.
22 (4) A nonhandled bag that is designed to be placed over articles of
23 clothing on a hanger.
24 7. "Store" means a retail establishment that meets any of the follow-
25 ing requirements:
26 (a) A full-line, self-service retail store with gross annual sales of
27 two million dollars or more that sells a line of dry groceries, canned
28 goods, or nonfood items, and some perishable items.
29 (b) Has at least ten thousand square feet of retail space that gener-
30 ates sales or use tax.
31 (c) Is a convenience food store, deli, foodmart, or other entity that
32 is engaged in the retail sale of a limited line of goods, generally
33 including milk, bread, soda, and snack foods.
34 (d) Is a convenience food store, deli, foodmart, or other entity that
35 is engaged in the retail sale of goods intended to be consumed off the
36 premises.
37 (e) Is not otherwise subject to paragraphs (a), (b), (c), or (d) of
38 this subdivision, if the retail establishment voluntarily agrees to
39 comply with the requirements imposed upon a store pursuant to this
40 title, irrevocably notifies the department of its intent to comply with
41 the requirements imposed upon a store pursuant to this title, and
42 complies with the requirements established pursuant to subdivision five
43 of section 27-2702 of this title.
44 § 2. Section 27-2703 of the environmental conservation law, as added
45 by chapter 641 of the laws of 2008, is REPEALED and a new section
46 27-2703 is added to read as follows:
47 § 27-2703. Store operator responsibilities.
48 1. On and after July first, two thousand eighteen, a store, as defined
49 in paragraph (a) or (b) of subdivision seven of section 27-2701 of this
50 title, may sell or distribute a reusable grocery bag to a customer at
51 the point of sale only if the reusable bag is made by a producer certi-
52 fied pursuant to this section to meet all of the following requirements:
53 (a) Has a handle and is designed for at least one hundred twenty-five
54 uses, as provided in this title.
55 (b) Has a volume capacity of at least fifteen liters.
S. 8793 3
1 (c) Is machine washable or made from a material that can be cleaned
2 and disinfected.
3 (d) Has printed on the bag, or on a tag attached to the bag that is
4 not intended to be removed, and in a manner visible to the consumer, all
5 of the following information:
6 (1) The name of the manufacturer.
7 (2) The country where the bag was manufactured.
8 (3) A statement that the bag is a reusable bag and designed for at
9 least one hundred twenty-five uses.
10 (4) If the bag is eligible for recycling in the state, instructions to
11 return the bag to the store for recycling or to another appropriate
12 recycling location. If recyclable in the state, the bag shall include
13 the chasing arrows recycling symbol or the term "recyclable", consistent
14 with the Federal Trade Commission guidelines use of that term, as
15 updated.
16 (e) Does not contain lead, cadmium, or any other toxic material that
17 may pose a threat to public health. A reusable bag manufacturer may
18 demonstrate compliance with this requirement by obtaining a no objection
19 letter from the federal food and drug administration.
20 (f) Complies with section 260.12 of part two hundred sixty of title
21 sixteen of the code of federal regulations related to recyclable claims
22 if the reusable grocery bag producer makes a claim that the reusable
23 grocery bag is recyclable.
24 2. (a) In addition to the requirements in subdivision one of this
25 section, a reusable grocery bag made from plastic film shall meet all of
26 the following requirements:
27 (1) On and after January first, two thousand nineteen, it shall be
28 made from a minimum of twenty percent postconsumer recycled material.
29 (2) On and after January first, two thousand twenty-four, it shall be
30 made from a minimum of forty percent postconsumer recycled material.
31 (3) It shall be recyclable in this state, and accepted for return at
32 stores subject to any at-store recycling program for recycling.
33 (4) It shall have, in addition to the information required to be
34 printed on the bag or on a tag, pursuant to subparagraph (4) of para-
35 graph (d) of subdivision one of this section, a statement that the bag
36 is made partly or wholly from postconsumer recycled material and stating
37 the postconsumer recycled material content percentage, as applicable.
38 (5) It shall be capable of carrying twenty-two pounds over a distance
39 of one hundred seventy-five feet for a minimum of one hundred twenty-
40 five uses and be at least 2.25 millimeters thick, measured according to
41 the American Society of Testing and Materials standard D6988-13.
42 (b) A reusable grocery bag made from plastic film that meets the spec-
43 ifications of the American Society of Testing and Materials Interna-
44 tional Standard Specification for compostable plastics D6400, as
45 updated, is not required to meet the requirements of subparagraph (1) or
46 (2) of paragraph (a) of subdivision three of section 27-2701 of this
47 title.
48 3. In addition to the requirements of subdivision one of this section,
49 a reusable grocery bag that is not made of plastic film and that is made
50 from any other natural or synthetic fabric, including, but not limited
51 to, woven or nonwoven nylon, polypropylene, polyethylene-terephthalate,
52 or Tyvek, shall satisfy all of the following:
53 (a) It shall be sewn.
54 (b) It shall be capable of carrying twenty-two pounds over a distance
55 of one hundred seventy-five feet for a minimum of one hundred twenty-
56 five uses.
S. 8793 4
1 (c) It shall have a minimum fabric weight of at least eighty grams per
2 square meter.
3 4. On and after July first, two thousand eighteen, a store as defined
4 in paragraph (c), (d) or (e) of subdivision seven of section 27-2701 of
5 this title, shall comply with the requirements of this section.
6 § 3. Section 27-2707 of the environmental conservation law is REPEALED
7 and a new section 27-2707 is added to read as follows:
8 § 27-2707. Manufacturer responsibilities.
9 On and after July first, two thousand eighteen, a producer of reusable
10 grocery bags made from plastic film shall not sell or distribute a reus-
11 able grocery bag in this state unless the producer is certified by a
12 third-party certification entity pursuant to section 27-2709 of this
13 title. A producer shall provide proof of certification to the department
14 demonstrating that the reusable grocery bags produced by the producer
15 comply with the provisions of this title. The proof of certification
16 shall include all of the following:
17 1. Names, locations, and contact information of all sources of
18 postconsumer recycled material and suppliers of postconsumer recycled
19 material.
20 2. Quantity and dates of postconsumer recycled material purchases by
21 the reusable grocery bag producer.
22 3. How the postconsumer recycled material is obtained.
23 4. Information demonstrating that the postconsumer recycled material
24 is cleaned using appropriate washing equipment.
25 § 4. Section 27-2709 of the environmental conservation law is REPEALED
26 and a new section 27-2709 is added to read as follows:
27 § 27-2709. Department responsibilities.
28 1. (a) Commencing on or before July first, two thousand eighteen, the
29 certification conducted by a third-party certification entity, submitted
30 under penalty of perjury, for each type of reusable grocery bag that is
31 manufactured, imported, sold, or distributed in the state and provided
32 to a store for sale or distribution, at the point of sale, that meets
33 all the applicable requirements of this title. The proof of certif-
34 ication shall be accompanied by a certification fee, established pursu-
35 ant to subdivision two of this section.
36 (b) A reusable grocery bag producer shall resubmit to the department
37 proof of certification as described in paragraph (a) of this subdivision
38 on biennial basis. A reusable grocery bag producer shall provide the
39 department with an updated proof of certification conducted by a third-
40 party certification entity if any modification that is not solely
41 aesthetic is made to a previously certified reusable bag. Failure to
42 comply with this subdivision shall result in removal of the relevant
43 information posted on the department's web site pursuant to subpara-
44 graphs (1) and (2) of paragraph (e) of this subdivision for each reus-
45 able bag that lacks an updated proof of certification conducted by a
46 third-party certification entity.
47 (c) A third-party certification entity shall be an independent,
48 accredited ISO/IEC 17025 laboratory. A third-party certification entity
49 shall certify that the producer's reusable grocery bags meet the
50 requirements of this section.
51 (d) The department shall provide a system to receive proofs of certif-
52 ication online.
53 (e) On and after July first, two thousand eighteen, the department
54 shall publish a list on its web site that includes all of the following:
55 (1) The name, location, and appropriate contact information of certi-
56 fied reusable grocery bag producers.
S. 8793 5
1 (2) The reusable grocery bags of producers that have provided the
2 required certification.
3 (f) A reusable grocery bag producer shall submit applicable certified
4 test results to the department confirming that the reusable grocery bag
5 meets the requirements of this title for each type of reusable grocery
6 bag that is manufactured, imported, sold, or distributed in the state
7 and provided to a store for sale or distribution.
8 (1) A person may object to the certification of a reusable grocery bag
9 producer pursuant to this section by filing an action for review of that
10 certification in the superior court of a county that has jurisdiction
11 over the reusable grocery bag producer. The court shall determine if the
12 reusable grocery bag producer is in compliance with the requirements of
13 this title.
14 (2) A reusable grocery bag producer whose certification is being
15 objected to pursuant to subparagraph (1) of this paragraph shall be
16 deemed in compliance with this title pending a determination by the
17 court.
18 (3) Based on its determination, the court shall direct the department
19 to remove the reusable grocery bag producer from, or retain the reusable
20 grocery bag producer on, its list published pursuant to paragraph (e) of
21 this subdivision.
22 (4) If the court directs the department to remove a reusable grocery
23 bag producer from its published list, the reusable grocery bag producer
24 shall remain off of the published list for a period of one year from the
25 date of the court's determination.
26 2. (a) A reusable grocery bag producer shall submit the fee estab-
27 lished pursuant to paragraph (b) of this subdivision to the department
28 when providing proof of certification or recertification pursuant to
29 this subdivision and section 27-2707 of this title.
30 (b) The department shall establish an administrative certification fee
31 schedule that will generate fee revenues sufficient to cover, but not
32 exceed, the department's reasonable costs to implement this title. The
33 department shall deposit all moneys submitted pursuant to this section
34 into the reusable grocery bag fund established pursuant to section
35 97-yyyy of the state finance law. Moneys in the fund shall be contin-
36 uously appropriated, without regard to fiscal year, to the department
37 for the purpose of implementing this title.
38 § 5. Title 27 of article 27 of the environmental conservation law, as
39 added by chapter 641 of the laws of 2008, is amended by adding a new
40 section 27-2702 to read as follows:
41 § 27-2702. Single use carryout bags.
42 1. (a) Except as provided in paragraph (e) of this subdivision, on and
43 after July first, two thousand eighteen, a store, as defined in para-
44 graph (a) or (b) of subdivision seven of section 27-2701 of this title,
45 shall not provide a single-use carryout bag to a customer at the point
46 of sale.
47 (b) (1) On and after July first, two thousand eighteen, a store, as
48 defined in paragraph (a) or (b) of subdivision seven of section 27-2701
49 of this title, shall not sell or distribute a reusable grocery bag at
50 the point of sale except as provided in this subdivision.
51 (2) On and after July first, two thousand eighteen, a store, as
52 defined in paragraph (a) or (b) of subdivision seven of section 27-2701
53 of this title, may make available for purchase at the point of sale a
54 reusable grocery bag that meets the requirements of section 27-2703 of
55 this title.
S. 8793 6
1 (3) On and after July first, two thousand eighteen, a store, as
2 defined in paragraph (a) or (b) of subdivision seven of section 27-2701
3 of this title, that makes reusable grocery bags available for purchase
4 pursuant to subparagraph (2) of paragraph (b) of this subdivision shall
5 not sell the reusable grocery bag for less than ten cents in order to
6 ensure that the cost of providing a reusable grocery bag is not subsi-
7 dized by a customer who does not require that bag.
8 (c) (1) On and after July first, two thousand eighteen, a store, as
9 defined in paragraph (a) or (b) of subdivision seven of section 27-2701
10 of this title, shall not sell or distribute a recycled paper bag except
11 as provided in this subdivision.
12 (2) A store, as defined in paragraph (a) or (b) of subdivision seven
13 of section 27-2701 of this title, may make available for purchase a
14 recycled paper bag. On and after July first, two thousand eighteen, the
15 store shall not sell a recycled paper bag for less than ten cents in
16 order to ensure that the cost of providing a recycled paper bag is not
17 subsidized by a consumer who does not require that bag.
18 (d) Notwithstanding any other law, on and after July first, two thou-
19 sand eighteen, a store, as defined in paragraph (a) or (b) of subdivi-
20 sion seven of section 27-2701 of this title, that makes reusable grocery
21 bags or recycled paper bags available for purchase at the point of sale
22 shall provide a reusable grocery bag or a recycled paper bag at no cost
23 at the point of sale to a customer using a payment card or voucher
24 issued by the New York supplemental nutrition program for women,
25 infants, and children pursuant to section 2507 of the public health law
26 or an electronic benefit transfer card issued pursuant to section 95 of
27 the social services law.
28 (e) On and after July first, two thousand eighteen, a store, as
29 defined in paragraph (a) or (b) of subdivision seven of section 27-2701
30 of this title, may distribute a compostable bag at the point of sale, if
31 the compostable bag is provided to the consumer at the cost specified
32 pursuant to subparagraph (2) of paragraph (c) of this subdivision, the
33 compostable bag, at a minimum, meets the American Society of Testing and
34 Materials International Standard Specification for compostable plastics
35 D6400, as updated, and in the jurisdiction where the compostable bag is
36 sold and in the jurisdiction where the store is located, both of the
37 following requirements are met:
38 (1) A majority of the residential households in the jurisdiction have
39 access to curbside collection of food waste for composting.
40 (2) The governing authority for the jurisdiction has voted to allow
41 stores in the jurisdiction to sell to consumers at the point of sale a
42 compostable bag at a cost not less than the actual cost of the bag,
43 which the legislature hereby finds to be not less than ten cents per
44 bag.
45 (f) A store, as defined in paragraph (a) or (b) of subdivision seven
46 of section 27-2701 of this title, shall not require a customer to use,
47 purchase, or accept a single-use carryout bag, recycled paper bag,
48 compostable bag, or reusable grocery bag as a condition of sale of any
49 product.
50 2. On and after July first, two thousand nineteen, a store, as defined
51 in paragraph (c), (d) or (e) of subdivision seven of section 27-2701 of
52 this title, shall comply with the same requirements of this section that
53 are imposed upon a store, as defined in paragraph (a) or (b) of subdivi-
54 sion seven of section 27-2701 of this title.
55 3. (a) The operator of a store, as defined in paragraph (a) or (b) of
56 subdivision seven of section 27-2701 of this title that makes recycled
S. 8793 7
1 paper or reusable grocery bags available at the point of sale, shall be
2 subject to the provisions of the at-store recycling program established
3 pursuant to section 27-2705 of this title.
4 (b) A store that voluntarily agrees to comply with the provisions of
5 this title pursuant to subdivision seven of section 27-2701 of this
6 title, shall also comply with the provisions of the at-store recycling
7 program established pursuant to section 27-2705 of this title.
8 4. All moneys collected pursuant to this title shall be retained by
9 the store and may be used only for the following purposes:
10 (a) Costs associated with complying with the requirements of this
11 title.
12 (b) Actual costs of providing recycled paper bags or reusable grocery
13 bags.
14 (c) Costs associated with a store's educational materials or educa-
15 tional campaign encouraging the use of reusable grocery bags.
16 5. (a) A retail establishment not specifically required to comply with
17 the requirements of this title is encouraged to reduce its distribution
18 of single-use plastic carryout bags.
19 (b) Pursuant to the provisions of subdivision seven of section 27-2701
20 of this title, any retail establishment that is not a "store", that
21 provides the department with the irrevocable written notice as specified
22 in paragraph (c) of this subdivision shall be regulated as a "store" for
23 the purposes of this title.
24 (c) The irrevocable written notice shall be dated and signed by an
25 authorized representative of the retail establishment, and shall include
26 the name and physical address of all retail locations covered by the
27 notice. The department shall acknowledge receipt of the notice in writ-
28 ing and shall specify the date the retail establishment will be regu-
29 lated as a "store", which shall not be less than thirty days after the
30 date of the department's acknowledgment. The department shall post on
31 its web site, organized by county, the name and physical location or
32 locations of each retail establishment that has elected to be regulated
33 as a "store".
34 § 6. Title 27 of article 27 of the environmental conservation law, as
35 added by chapter 641 of the laws of 2008, is amended by adding a new
36 section 27-2712 to read as follows:
37 § 27-2712. Enforcement.
38 1. A city, a county, a city and county, or the state may impose a
39 civil liability on a person or entity that knowingly violated this
40 title, or reasonably should have known that it violated this title, in
41 the amount of one thousand dollars per day for the first violation of
42 this title, two thousand dollars per day for the second violation, and
43 five thousand dollars per day for the third and subsequent violations.
44 2. Any civil penalties collected pursuant to subdivision one of this
45 section shall be paid to the office of the city attorney, city prosecu-
46 tor, district attorney, or attorney general, whichever office brought
47 the action. The penalties collected pursuant to this section by the
48 attorney general may be expended by the attorney general, upon appropri-
49 ation by the legislature, to enforce this title.
50 § 7. Section 27-2713 of the environmental conservation law is REPEALED
51 and a new section 27-2713 is added to read as follows:
52 § 27-2713. Preemption.
53 1. Except as provided in subdivision three of this section, this title
54 is a matter of statewide interest and concern and is applicable uniform-
55 ly throughout the state. Accordingly, this title occupies the whole
56 field of regulation of reusable grocery bags, single-use carryout bags,
S. 8793 8
1 and recycled paper bags, as defined in this title, provided by a store,
2 as defined in this title.
3 2. On and after January first, two thousand eighteen, a city, county,
4 or other local public agency shall not enforce, or otherwise implement,
5 an ordinance, resolution, regulation, or rule, or any amendment thereto,
6 adopted on or after the effective date of this section, relating to
7 reusable grocery bags, single-use carryout bags, or recycled paper bags,
8 against a store, as defined in this title, unless expressly authorized
9 by this title.
10 3. (a) A city, county, or other local public agency that has adopted,
11 before the effective date of this section, an ordinance, resolution,
12 regulation, or rule relating to reusable grocery bags, single-use carry-
13 out bags, or recycled paper bags may continue to enforce and implement
14 that ordinance, resolution, regulation, or rule that was in effect
15 before that date. Any amendments to that ordinance, resolution, regu-
16 lation, or rule on or after January first, two thousand eighteen, shall
17 be subject to subdivision two of this section, except the city, county,
18 or other local public agency may adopt or amend an ordinance, resol-
19 ution, regulation, or rule to increase the amount that a store shall
20 charge with regard to a recycled paper bag, compostable bag, or reusable
21 grocery bag to no less than the amount specified in section 27-2702 of
22 this title.
23 (b) A city, county, or other local public agency not covered by para-
24 graph (a) of this subdivision that, before the effective date of this
25 section, has passed a first reading of an ordinance or resolution
26 expressing the intent to restrict single-use carryout bags and, before
27 January first, two thousand eighteen, adopts an ordinance to restrict
28 single-use carryout bags, may continue to enforce and implement the
29 ordinance that was in effect before January first, two thousand eigh-
30 teen.
31 § 8. The state finance law is amended by adding a new section 97-yyyy
32 to read as follows:
33 § 97-yyyy. Reusable grocery bag fund. 1. There is hereby established
34 in the joint custody of the commissioner of the department of environ-
35 mental conservation and the comptroller a fund to be known as the "reus-
36 able grocery bag fund".
37 2. The fund shall consist of all monies appropriated for its purpose,
38 all monies required by this section or any other provision of law to be
39 paid into or credited to such fund. Whenever a lawsuit results in a
40 civil judgment for expenses already paid for by the fund, that portion
41 of the civil judgment shall be paid into the fund. Nothing contained
42 herein shall prevent the department of environmental conservation from
43 receiving grants, gifts or bequests for the purposes of the fund as
44 defined in this section and depositing them into the fund according to
45 law.
46 3. Monies of the fund, when allocated, shall be available pursuant to
47 section 27-2709 of the environmental conservation law.
48 4. Monies shall be payable from the fund on the audit and warrant of
49 the state comptroller on vouchers approved and certified by the commis-
50 sioner of the department of environmental conservation.
51 § 9. This act shall take effect immediately.
