Bill Text: NY A05792 | 2019-2020 | General Assembly | Introduced
Bill Title: 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".
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A05792 Detail]
Download: New_York-2019-A05792-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5792 2019-2020 Regular Sessions IN ASSEMBLY February 19, 2019 ___________ Introduced by M. of A. ORTIZ, DE LA ROSA, MOSLEY, SIMON, JAFFEE, RIVERA, COLTON, THIELE, GLICK, TAYLOR, GOTTFRIED, LAVINE, D'URSO -- Multi- Sponsored by -- M. of A. EPSTEIN -- read once and referred 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 Section 27-2701 of the environmental conservation law, as 2 added by chapter 641 of the laws of 2008, is REPEALED and a new section 3 27-2701 is added to read as follows: 4 § 27-2701.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 two 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09174-01-9A. 5792 2 1 (c) Has printed on the bag the name of the manufacturer, the country 2 where the bag was manufactured, and the minimum percentage of postcon- 3 sumer content. 4 4. "Reusable grocery bag" means a bag that is provided by a store to a 5 customer at the point of sale that meets the requirements of section 6 27-2703 of this title. 7 5. (a) "Reusable grocery bag producer" means a person or entity that 8 does any of the following: 9 (1) Manufactures reusable grocery bags for sale or distribution to a 10 store. 11 (2) Imports reusable grocery bags into this state, for sale or 12 distribution to a store. 13 (3) Sells or distributes reusable bags to a store. 14 (b) "Reusable grocery bag producer" does not include a store, with 15 regard to a reusable grocery bag for which there is a manufacturer or 16 importer, as specified in subparagraph one or two of paragraph (a) of 17 this subdivision. 18 6. (a) "Single-use carryout bag" means a bag made of plastic, paper, 19 or other material that is provided by a store to a customer at the point 20 of sale and that is not a recycled paper bag or a reusable grocery bag 21 that meets the requirements of section 27-2703 of this title. 22 (b) A single-use carryout bag does not include any of the following: 23 (1) A bag provided by a pharmacy. 24 (2) A nonhandled bag used to protect a purchased item from damaging or 25 contaminating other purchased items when placed in a recycled paper bag, 26 a reusable grocery bag, or a compostable plastic bag. 27 (3) A bag provided to contain an unwrapped food item. 28 (4) A nonhandled bag that is designed to be placed over articles of 29 clothing on a hanger. 30 7. "Store" means a retail establishment that meets any of the follow- 31 ing requirements: 32 (a) A full-line, self-service retail store with gross annual sales of 33 two million dollars or more that sells a line of dry groceries, canned 34 goods, or nonfood items, and some perishable items. 35 (b) Has at least ten thousand square feet of retail space that gener- 36 ates sales or use tax. 37 (c) Is a convenience food store, deli, foodmart, or other entity that 38 is engaged in the retail sale of a limited line of goods, generally 39 including milk, bread, soda, and snack foods. 40 (d) Is a convenience food store, deli, foodmart, or other entity that 41 is engaged in the retail sale of goods intended to be consumed off the 42 premises. 43 (e) Is not otherwise subject to paragraphs (a), (b), (c), or (d) of 44 this subdivision, if the retail establishment voluntarily agrees to 45 comply with the requirements imposed upon a store pursuant to this 46 title, irrevocably notifies the department of its intent to comply with 47 the requirements imposed upon a store pursuant to this title, and 48 complies with the requirements established pursuant to subdivision five 49 of section 27-2702 of this title. 50 § 2. Section 27-2703 of the environmental conservation law, as added 51 by chapter 641 of the laws of 2008, is REPEALED and a new section 52 27-2703 is added to read as follows: 53 § 27-2703. Store operator responsibilities. 54 1. On and after July first, two thousand twenty, a store, as defined 55 in paragraph (a) or (b) of subdivision seven of section 27-2701 of this 56 title, may sell or distribute a reusable grocery bag to a customer atA. 5792 3 1 the point of sale only if the reusable bag is made by a producer certi- 2 fied pursuant to this section to meet all of the following requirements: 3 (a) Has a handle and is designed for at least one hundred twenty-five 4 uses, as provided in this title. 5 (b) Has a volume capacity of at least fifteen liters. 6 (c) Is machine washable or made from a material that can be cleaned 7 and disinfected. 8 (d) Has printed on the bag, or on a tag attached to the bag that is 9 not intended to be removed, and in a manner visible to the consumer, all 10 of the following information: 11 (1) The name of the manufacturer. 12 (2) The country where the bag was manufactured. 13 (3) A statement that the bag is a reusable bag and designed for at 14 least one hundred twenty-five uses. 15 (4) If the bag is eligible for recycling in the state, instructions to 16 return the bag to the store for recycling or to another appropriate 17 recycling location. If recyclable in the state, the bag shall include 18 the chasing arrows recycling symbol or the term "recyclable", consistent 19 with the Federal Trade Commission guidelines use of that term, as 20 updated. 21 (e) Does not contain lead, cadmium, or any other toxic material that 22 may pose a threat to public health. A reusable bag manufacturer may 23 demonstrate compliance with this requirement by obtaining a no objection 24 letter from the federal food and drug administration. 25 (f) Complies with section 260.12 of part two hundred sixty of title 26 sixteen of the code of federal regulations related to recyclable claims 27 if the reusable grocery bag producer makes a claim that the reusable 28 grocery bag is recyclable. 29 2. (a) In addition to the requirements in subdivision one of this 30 section, a reusable grocery bag made from plastic film shall meet all of 31 the following requirements: 32 (1) On and after January first, two thousand twenty-one, it shall be 33 made from a minimum of twenty percent postconsumer recycled material. 34 (2) On and after January first, two thousand twenty-six, it shall be 35 made from a minimum of forty percent postconsumer recycled material. 36 (3) It shall be recyclable in this state, and accepted for return at 37 stores subject to any at-store recycling program for recycling. 38 (4) It shall have, in addition to the information required to be 39 printed on the bag or on a tag, pursuant to subparagraph four of para- 40 graph (d) of subdivision one of this section, a statement that the bag 41 is made partly or wholly from postconsumer recycled material and stating 42 the postconsumer recycled material content percentage, as applicable. 43 (5) It shall be capable of carrying twenty-two pounds over a distance 44 of one hundred seventy-five feet for a minimum of one hundred twenty- 45 five uses and be at least 2.25 millimeters thick, measured according to 46 the American Society of Testing and Materials standard D6988-13. 47 (b) A reusable grocery bag made from plastic film that meets the spec- 48 ifications of the American Society of Testing and Materials Interna- 49 tional Standard Specification for compostable plastics D6400, as 50 updated, is not required to meet the requirements of subparagraph one or 51 two of paragraph (a) of subdivision three of section 27-2701 of this 52 title. 53 3. In addition to the requirements of subdivision one of this section, 54 a reusable grocery bag that is not made of plastic film and that is made 55 from any other natural or synthetic fabric, including, but not limitedA. 5792 4 1 to, woven or nonwoven nylon, polypropylene, polyethylene-terephthalate, 2 or Tyvek, shall satisfy all of the following: 3 (a) It shall be sewn. 4 (b) It shall be capable of carrying twenty-two pounds over a distance 5 of one hundred seventy-five feet for a minimum of one hundred twenty- 6 five uses. 7 (c) It shall have a minimum fabric weight of at least eighty grams per 8 square meter. 9 4. On and after July first, two thousand twenty, a store as defined in 10 paragraph (c), (d) or (e) of subdivision seven of section 27-2701 of 11 this title, shall comply with the requirements of this section. 12 § 3. Section 27-2707 of the environmental conservation law is REPEALED 13 and a new section 27-2707 is added to read as follows: 14 § 27-2707. Manufacturer responsibilities. 15 On and after July first, two thousand twenty, a producer of reusable 16 grocery bags made from plastic film shall not sell or distribute a reus- 17 able grocery bag in this state unless the producer is certified by a 18 third-party certification entity pursuant to section 27-2709 of this 19 title. A producer shall provide proof of certification to the department 20 demonstrating that the reusable grocery bags produced by the producer 21 comply with the provisions of this title. The proof of certification 22 shall include all of the following: 23 1. Names, locations, and contact information of all sources of 24 postconsumer recycled material and suppliers of postconsumer recycled 25 material. 26 2. Quantity and dates of postconsumer recycled material purchases by 27 the reusable grocery bag producer. 28 3. How the postconsumer recycled material is obtained. 29 4. Information demonstrating that the postconsumer recycled material 30 is cleaned using appropriate washing equipment. 31 § 4. Section 27-2709 of the environmental conservation law is REPEALED 32 and a new section 27-2709 is added to read as follows: 33 § 27-2709. Department responsibilities. 34 1. (a) Commencing on or before July first, two thousand twenty, the 35 certification conducted by a third-party certification entity, submitted 36 under penalty of perjury, for each type of reusable grocery bag that is 37 manufactured, imported, sold, or distributed in the state and provided 38 to a store for sale or distribution, at the point of sale, that meets 39 all the applicable requirements of this title. The proof of certif- 40 ication shall be accompanied by a certification fee, established pursu- 41 ant to subdivision two of this section. 42 (b) A reusable grocery bag producer shall resubmit to the department 43 proof of certification as described in paragraph (a) of this subdivision 44 on biennial basis. A reusable grocery bag producer shall provide the 45 department with an updated proof of certification conducted by a third- 46 party certification entity if any modification that is not solely 47 aesthetic is made to a previously certified reusable bag. Failure to 48 comply with this subdivision shall result in removal of the relevant 49 information posted on the department's web site pursuant to subpara- 50 graphs (1) and (2) of paragraph (e) of this subdivision for each reus- 51 able bag that lacks an updated proof of certification conducted by a 52 third-party certification entity. 53 (c) A third-party certification entity shall be an independent, 54 accredited ISO/IEC 17025 laboratory. A third-party certification entity 55 shall certify that the producer's reusable grocery bags meet the 56 requirements of this section.A. 5792 5 1 (d) The department shall provide a system to receive proofs of certif- 2 ication online. 3 (e) On and after July first, two thousand twenty, the department shall 4 publish a list on its web site that includes all of the following: 5 (1) The name, location, and appropriate contact information of certi- 6 fied reusable grocery bag producers. 7 (2) The reusable grocery bags of producers that have provided the 8 required certification. 9 (f) A reusable grocery bag producer shall submit applicable certified 10 test results to the department confirming that the reusable grocery bag 11 meets the requirements of this title for each type of reusable grocery 12 bag that is manufactured, imported, sold, or distributed in the state 13 and provided to a store for sale or distribution. 14 (1) A person may object to the certification of a reusable grocery bag 15 producer pursuant to this section by filing an action for review of that 16 certification in the superior court of a county that has jurisdiction 17 over the reusable grocery bag producer. The court shall determine if the 18 reusable grocery bag producer is in compliance with the requirements of 19 this title. 20 (2) A reusable grocery bag producer whose certification is being 21 objected to pursuant to subparagraph one of this paragraph shall be 22 deemed in compliance with this title pending a determination by the 23 court. 24 (3) Based on its determination, the court shall direct the department 25 to remove the reusable grocery bag producer from, or retain the reusable 26 grocery bag producer on, its list published pursuant to paragraph (e) of 27 this subdivision. 28 (4) If the court directs the department to remove a reusable grocery 29 bag producer from its published list, the reusable grocery bag producer 30 shall remain off of the published list for a period of one year from the 31 date of the court's determination. 32 2. (a) A reusable grocery bag producer shall submit the fee estab- 33 lished pursuant to paragraph (b) of this subdivision to the department 34 when providing proof of certification or recertification pursuant to 35 this subdivision and section 27-2707 of this title. 36 (b) The department shall establish an administrative certification fee 37 schedule that will generate fee revenues sufficient to cover, but not 38 exceed, the department's reasonable costs to implement this title. The 39 department shall deposit all moneys submitted pursuant to this section 40 into the reusable grocery bag fund established pursuant to section nine- 41 ty-seven-yyyy of the state finance law. Moneys in the fund shall be 42 continuously appropriated, without regard to fiscal year, to the depart- 43 ment for the purpose of implementing this title. 44 § 5. Title 27 of article 27 of the environmental conservation law, as 45 added by chapter 641 of the laws of 2008, is amended by adding a new 46 section 27-2702 to read as follows: 47 § 27-2702. Single use carryout bags. 48 1. (a) Except as provided in paragraph (e) of this subdivision, on and 49 after July first, two thousand twenty, a store, as defined in paragraph 50 (a) or (b) of subdivision seven of section 27-2701 of this title, shall 51 not provide a single-use carryout bag to a customer at the point of 52 sale. 53 (b) (1) On and after July first, two thousand twenty, a store, as 54 defined in paragraph (a) or (b) of subdivision seven of section 27-2701 55 of this title, shall not sell or distribute a reusable grocery bag at 56 the point of sale except as provided in this subdivision.A. 5792 6 1 (2) On and after July first, two thousand twenty, a store, as defined 2 in paragraph (a) or (b) of subdivision seven of section 27-2701 of this 3 title, may make available for purchase at the point of sale a reusable 4 grocery bag that meets the requirements of section 27-2703 of this 5 title. 6 (3) On and after July first, two thousand twenty, a store, as defined 7 in paragraph (a) or (b) of subdivision seven of section 27-2701 of this 8 title, that makes reusable grocery bags available for purchase pursuant 9 to subparagraph two of paragraph (b) of this subdivision shall not sell 10 the reusable grocery bag for less than ten cents in order to ensure that 11 the cost of providing a reusable grocery bag is not subsidized by a 12 customer who does not require that bag. 13 (c) (1) On and after July first, two thousand twenty, a store, as 14 defined in paragraph (a) or (b) of subdivision seven of section 27-2701 15 of this title, shall not sell or distribute a recycled paper bag except 16 as provided in this subdivision. 17 (2) A store, as defined in paragraph (a) or (b) of subdivision seven 18 of section 27-2701 of this title, may make available for purchase a 19 recycled paper bag. On and after July first, two thousand twenty, the 20 store shall not sell a recycled paper bag for less than ten cents in 21 order to ensure that the cost of providing a recycled paper bag is not 22 subsidized by a consumer who does not require that bag. 23 (d) Notwithstanding any other law, on and after July first, two thou- 24 sand twenty, a store, as defined in paragraph (a) or (b) of subdivision 25 seven of section 27-2701 of this title, that makes reusable grocery bags 26 or recycled paper bags available for purchase at the point of sale shall 27 provide a reusable grocery bag or a recycled paper bag at no cost at the 28 point of sale to a customer using a payment card or voucher issued by 29 the New York supplemental nutrition program for women, infants, and 30 children pursuant to section twenty-five hundred seven of the public 31 health law or an electronic benefit transfer card issued pursuant to 32 section ninety-five of the social services law. 33 (e) On and after July first, two thousand twenty, a store, as defined 34 in paragraph (a) or (b) of subdivision seven of section 27-2701 of this 35 title, may distribute a compostable bag at the point of sale, if the 36 compostable bag is provided to the consumer at the cost specified pursu- 37 ant to subparagraph two of paragraph (c) of this subdivision, the 38 compostable bag, at a minimum, meets the American Society of Testing and 39 Materials International Standard Specification for compostable plastics 40 D6400, as updated, and in the jurisdiction where the compostable bag is 41 sold and in the jurisdiction where the store is located, both of the 42 following requirements are met: 43 (1) A majority of the residential households in the jurisdiction have 44 access to curbside collection of food waste for composting. 45 (2) The governing authority for the jurisdiction has voted to allow 46 stores in the jurisdiction to sell to consumers at the point of sale a 47 compostable bag at a cost not less than the actual cost of the bag, 48 which the legislature hereby finds to be not less than ten cents per 49 bag. 50 (f) A store, as defined in paragraph (a) or (b) of subdivision seven 51 of section 27-2701 of this title, shall not require a customer to use, 52 purchase, or accept a single-use carryout bag, recycled paper bag, 53 compostable bag, or reusable grocery bag as a condition of sale of any 54 product. 55 2. On and after July first, two thousand twenty-one, a store, as 56 defined in paragraph (c), (d) or (e) of subdivision seven of sectionA. 5792 7 1 27-2701 of this title, shall comply with the same requirements of this 2 section that are imposed upon a store, as defined in paragraph (a) or 3 (b) of subdivision seven of section 27-2701 of this title. 4 3. (a) The operator of a store, as defined in paragraph (a) or (b) of 5 subdivision seven of section 27-2701 of this title that makes recycled 6 paper or reusable grocery bags available at the point of sale, shall be 7 subject to the provisions of the at-store recycling program established 8 pursuant to section 27-2705 of this title. 9 (b) A store that voluntarily agrees to comply with the provisions of 10 this title pursuant to subdivision seven of section 27-2701 of this 11 title, shall also comply with the provisions of the at-store recycling 12 program established pursuant to section 27-2705 of this title. 13 4. All moneys collected pursuant to this title shall be retained by 14 the store and may be used only for the following purposes: 15 (a) Costs associated with complying with the requirements of this 16 title. 17 (b) Actual costs of providing recycled paper bags or reusable grocery 18 bags. 19 (c) Costs associated with a store's educational materials or educa- 20 tional campaign encouraging the use of reusable grocery bags. 21 5. (a) A retail establishment not specifically required to comply with 22 the requirements of this title is encouraged to reduce its distribution 23 of single-use plastic carryout bags. 24 (b) Pursuant to the provisions of subdivision seven of section 27-2701 25 of this title, any retail establishment that is not a "store", that 26 provides the department with the irrevocable written notice as specified 27 in paragraph (c) of this subdivision shall be regulated as a "store" for 28 the purposes of this title. 29 (c) The irrevocable written notice shall be dated and signed by an 30 authorized representative of the retail establishment, and shall include 31 the name and physical address of all retail locations covered by the 32 notice. The department shall acknowledge receipt of the notice in writ- 33 ing and shall specify the date the retail establishment will be regu- 34 lated as a "store", which shall not be less than thirty days after the 35 date of the department's acknowledgment. The department shall post on 36 its web site, organized by county, the name and physical location or 37 locations of each retail establishment that has elected to be regulated 38 as a "store". 39 § 6. Title 27 of article 27 of the environmental conservation law, as 40 added by chapter 641 of the laws of 2008, is amended by adding a new 41 section 27-2712 to read as follows: 42 § 27-2712. Enforcement. 43 1. A city, a county, a city and county, or the state may impose a 44 civil liability on a person or entity that knowingly violated this 45 title, or reasonably should have known that it violated this title, in 46 the amount of one thousand dollars per day for the first violation of 47 this title, two thousand dollars per day for the second violation, and 48 five thousand dollars per day for the third and subsequent violations. 49 2. Any civil penalties collected pursuant to subdivision one of this 50 section shall be paid to the office of the city attorney, city prosecu- 51 tor, district attorney, or attorney general, whichever office brought 52 the action. The penalties collected pursuant to this section by the 53 attorney general may be expended by the attorney general, upon appropri- 54 ation by the legislature, to enforce this title. 55 § 7. Section 27-2713 of the environmental conservation law is REPEALED 56 and a new section 27-2713 is added to read as follows:A. 5792 8 1 § 27-2713. Preemption. 2 1. Except as provided in subdivision three of this section, this title 3 is a matter of statewide interest and concern and is applicable uniform- 4 ly throughout the state. Accordingly, this title occupies the whole 5 field of regulation of reusable grocery bags, single-use carryout bags, 6 and recycled paper bags, as defined in this title, provided by a store, 7 as defined in this title. 8 2. On and after January first, two thousand twenty, a city, county, or 9 other local public agency shall not enforce, or otherwise implement, an 10 ordinance, resolution, regulation, or rule, or any amendment thereto, 11 adopted on or after the effective date of this section, relating to 12 reusable grocery bags, single-use carryout bags, or recycled paper bags, 13 against a store, as defined in this title, unless expressly authorized 14 by this title. 15 3. (a) A city, county, or other local public agency that has adopted, 16 before the effective date of this section, an ordinance, resolution, 17 regulation, or rule relating to reusable grocery bags, single-use carry- 18 out bags, or recycled paper bags may continue to enforce and implement 19 that ordinance, resolution, regulation, or rule that was in effect 20 before that date. Any amendments to that ordinance, resolution, regu- 21 lation, or rule on or after January first, two thousand twenty, shall be 22 subject to subdivision two of this section, except the city, county, or 23 other local public agency may adopt or amend an ordinance, resolution, 24 regulation, or rule to increase the amount that a store shall charge 25 with regard to a recycled paper bag, compostable bag, or reusable 26 grocery bag to no less than the amount specified in section 27-2702 of 27 this title. 28 (b) A city, county, or other local public agency not covered by para- 29 graph (a) of this subdivision that, before the effective date of this 30 section, has passed a first reading of an ordinance or resolution 31 expressing the intent to restrict single-use carryout bags and, before 32 January first, two thousand twenty, adopts an ordinance to restrict 33 single-use carryout bags, may continue to enforce and implement the 34 ordinance that was in effect before January first, two thousand twenty. 35 § 8. The state finance law is amended by adding a new section 97-yyyy 36 to read as follows: 37 § 97-yyyy. Reusable grocery bag fund. 1. There is hereby established 38 in the joint custody of the commissioner of the department of environ- 39 mental conservation and the comptroller a fund to be known as the "reus- 40 able grocery bag fund". 41 2. The fund shall consist of all monies appropriated for its purpose, 42 all monies required by this section or any other provision of law to be 43 paid into or credited to such fund. Whenever a lawsuit results in a 44 civil judgment for expenses already paid for by the fund, that portion 45 of the civil judgment shall be paid into the fund. Nothing contained 46 herein shall prevent the department of environmental conservation from 47 receiving grants, gifts or bequests for the purposes of the fund as 48 defined in this section and depositing them into the fund according to 49 law. 50 3. Monies of the fund, when allocated, shall be available pursuant to 51 section 27-2709 of the environmental conservation law. 52 4. Monies shall be payable from the fund on the audit and warrant of 53 the state comptroller on vouchers approved and certified by the commis- 54 sioner of the department of environmental conservation. 55 § 9. This act shall take effect immediately.
