Bill Text: NY A05954 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the recycling of plastic bags.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A05954 Detail]

Download: New_York-2015-A05954-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5954
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Environmental Conservation
       AN  ACT  to amend the environmental conservation law, in relation to the
         recycling of plastic carryout bags and film plastic
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  6  of  section  27-2701 of the environmental
    2  conservation law, as added by chapter  641  of  the  laws  of  2008,  is
    3  amended to read as follows:
    4    6. "Store" means a retail establishment that provides plastic carryout
    5  bags  to  its customers as a result of the sale of a product and (a) has
    6  over ten thousand square feet of retail space OR, IN A CITY WITH A POPU-
    7  LATION OF ONE MILLION OR MORE, HAS OVER FIVE  THOUSAND  SQUARE  FEET  OF
    8  RETAIL  SPACE,  or  (b)  such  retail  establishment  is part of a chain
    9  engaged in the same general field of business [which] THAT operates five
   10  or more units of over five thousand square feet of retail space in  this
   11  state  under  common ownership and management OR, IN A CITY WITH A POPU-
   12  LATION OF ONE MILLION OR MORE, SUCH RETAIL ESTABLISHMENT IS  PART  OF  A
   13  CHAIN  ENGAGED  IN THE SAME GENERAL FIELD OF BUSINESS THAT OPERATES FIVE
   14  OR MORE UNITS IN SUCH CITY UNDER COMMON OWNERSHIP AND MANAGEMENT.
   15    S 2. Section 27-2713 of the environmental conservation law, as amended
   16  by chapter 481 of the laws of 2014, is amended to read as follows:
   17  S 27-2713. Preemption.
   18    Jurisdiction in all matters pertaining to plastic bag and film plastic
   19  recycling is by this article vested exclusively  in  the  state,  EXCEPT
   20  THAT  IN  A  CITY WITH A POPULATION OF ONE MILLION OR MORE, AN AGENCY OR
   21  AGENCIES DESIGNATED BY THE  MAYOR  OF  SUCH  CITY  MAY  ENFORCE  SECTION
   22  27-2703  AND  SUBDIVISIONS ONE, TWO AND FIVE OF SECTIONS 27-2705 OF THIS
   23  TITLE. Any provision of any local law or ordinance, or any rule or regu-
   24  lation promulgated thereto, governing the recycling of plastic bags  and
   25  film plastic shall, upon the effective date of this title, be preempted.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04160-03-5
       A. 5954                             2
    1  Provided  however,  nothing in this section shall preclude a person from
    2  coordinating for recycling or reuse the collection of  plastic  bags  or
    3  film plastic.
    4    S  3.  Subdivision 1 of section 71-2728 of the environmental conserva-
    5  tion law, as added by chapter 641 of the laws of  2008,  is  amended  to
    6  read as follows:
    7    1. Any person who knowingly or intentionally violates any provision of
    8  or  fails to perform any duty imposed pursuant to title 27 of article 27
    9  of this chapter shall [upon the first finding of  such  a  violation  be
   10  provided with a warning that future violations shall result in the impo-
   11  sition of a fine] BE LIABLE FOR A CIVIL PENALTY. Any person convicted of
   12  a  [second]  FIRST  violation shall be liable for a civil penalty not to
   13  exceed one hundred dollars.  ANY PERSON CONVICTED OF A SECOND  VIOLATION
   14  SHALL  BE  LIABLE  FOR  A  CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY
   15  DOLLARS. Any person convicted of a third or subsequent  violation  shall
   16  be liable for a civil penalty not to exceed five hundred dollars.
   17    S  4. Section 71-2728 of the environmental conservation law is amended
   18  by adding a new subdivision 4 to read as follows:
   19    4. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION ONE, TWO OR  THREE  OF
   20  THIS SECTION TO THE CONTRARY, IN A CITY WITH A POPULATION OF ONE MILLION
   21  OR  MORE,  SECTION 27-2703 AND SUBDIVISIONS ONE, TWO AND FIVE OF SECTION
   22  27-2705 OF THIS CHAPTER MAY ALSO BE ENFORCED BY AN  AGENCY  OR  AGENCIES
   23  DESIGNATED  BY THE MAYOR OF SUCH CITY. ANY NOTICE OF VIOLATION ISSUED BY
   24  AN AGENCY DESIGNATED BY THE MAYOR OF SUCH CITY CHARGING A  VIOLATION  OF
   25  SECTION  27-2703  OR  SUBDIVISION ONE, TWO OR FIVE OF SECTION 27-2705 OF
   26  THIS CHAPTER SHALL BE RETURNABLE TO THE ENVIRONMENTAL CONTROL  BOARD  OF
   27  SUCH  CITY.  SUCH  ENVIRONMENTAL  CONTROL  BOARD SHALL HAVE THE POWER TO
   28  IMPOSE  A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR THE  FIRST
   29  VIOLATION,  NOT  TO  EXCEED  TWO  HUNDRED  FIFTY  DOLLARS FOR THE SECOND
   30  VIOLATION AND NOT TO EXCEED FIVE HUNDRED DOLLARS FOR A THIRD  OR  SUBSE-
   31  QUENT  VIOLATION.  ALL  CIVIL  PENALTIES  COLLECTED FOR ANY VIOLATION OF
   32  TITLE 27 OF ARTICLE 27 OF THIS CHAPTER THAT HAVE  BEEN  IMPOSED  BY  THE
   33  ENVIRONMENTAL  CONTROL BOARD OF SUCH CITY SHALL BE PAID INTO THE GENERAL
   34  FUND OF SUCH CITY.
   35    S 5. This act shall take effect on the sixtieth  day  after  it  shall
   36  have become a law.