Bill Text: NY A09121 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to prohibiting the sale or manufacture of single-use plastic water bottles not comprised of one hundred percent recycled material; establishes penalties for violations; requires food service establishments to provide customers with tap water in reusable beverage containers provided by a customer.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-01-21 - referred to environmental conservation [A09121 Detail]

Download: New_York-2019-A09121-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9121

                   IN ASSEMBLY

                                    January 21, 2020
                                       ___________

        Introduced  by M. of A. FAHY, ENGLEBRIGHT, GLICK, MOSLEY, STECK, JAFFEE,
          BARRETT -- read once and referred to the  Committee  on  Environmental
          Conservation

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the  sale  or  manufacture  of  single-use  plastic  water
          bottles comprised of less than one hundred percent recycled materials;
          and  to  amend  the  public  health law, in relation to requiring food
          service establishments to provide tap water to customers  in  reusable
          beverage containers, upon request

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 30 to read as follows:
     3                                  TITLE 30
     4                            PLASTIC WATER BOTTLES
     5  Section 27-3001. Infrastructure assessment.
     6          27-3003. State funds for single-use plastic water bottles.
     7          27-3005. Single-use  plastic  water  bottles  comprised  of  one
     8                     hundred percent recycled material.
     9          27-3007. Enforcement.
    10  § 27-3001. Infrastructure assessment.
    11    1.  The commissioner, in consultation with the commissioner of health,
    12  is hereby authorized  and  directed  to  conduct  a  study  relating  to
    13  single-use plastic water bottles, including but not limited to:
    14    (a) the availability and distribution of public drinking water filling
    15  stations and water fountains across the state; and
    16    (b)  the environmental and public health impacts of single-use plastic
    17  bottled  water  in  New  York  state,  including  environmental  justice
    18  impacts.
    19    2.  The  commissioner  shall submit a report including recommendations
    20  and findings based on this study to the governor, the  temporary  presi-
    21  dent  of  the  senate, the speaker of the assembly and the chairs of the
    22  senate and assembly standing committees on health and the chairs of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13859-09-0
        A. 9121                             2

     1  senate and assembly standing committees on environmental conservation no
     2  later than one year from the effective date of this section.
     3  § 27-3003. State funds for single-use plastic water bottles.
     4    Beginning one year from the effective date of this section, the use of
     5  state  funds  for the purchase of single-use plastic water bottles shall
     6  be prohibited.  Water bottles, including those comprised  of  less  than
     7  one hundred percent recycled material, may be purchased when:
     8    1.  necessary to address health requirements under the following emer-
     9  gencies:
    10    (a) a state of emergency has been declared;
    11    (b) a boil water advisory has been issued;
    12    (c) access to drinking water is being impeded  due  to  a  failure  of
    13  related  infrastructure  or  an ongoing water infrastructure improvement
    14  project;
    15    (d) a water utility has reported emergency conditions or other  public
    16  health hazards; or
    17    (e)  there  has  been  an exceedance of a maximum contaminant level or
    18  advisory level for a contaminant or an emerging contaminant; and
    19    2. compliance with this title would conflict  with  contract  require-
    20  ments in existence as of the effective date of this title.
    21  § 27-3005. Single-use  plastic  water  bottles  comprised of one hundred
    22               percent recycled material.
    23    1. Beginning four years from the effective date of  this  section,  no
    24  person,  firm,  partnership,  association,  limited liability company or
    25  corporation shall manufacture, sell, or offer for  sale  any  single-use
    26  plastic  water  bottles  to  any  person  in the state unless such water
    27  bottles are comprised of one hundred percent recycled materials.
    28    2. A person, firm, partnership, association, limited liability company
    29  or corporation which manufactures  or  sells  single-use  plastic  water
    30  bottles  may  apply  to  the  department  for a one-year waiver from the
    31  requirements of this section, upon such proof that such person or entity
    32  is unable to comply with the requirements of this  section.  Thereafter,
    33  such person or entity may apply for additional one-year waivers upon the
    34  satisfaction of such similar proof.
    35    3.  The requirements of this section shall be suspended in any county,
    36  city, town or village where:
    37    (a) a state of emergency has been declared;
    38    (b) a boil water advisory has been issued;
    39    (c) access to drinking water is being impeded  due  to  a  failure  of
    40  related  infrastructure  or  an ongoing water infrastructure improvement
    41  project;
    42    (d) a water utility has reported emergency conditions or other  public
    43  health hazards; or
    44    (e)  there  has  been  an exceedance of a maximum contaminant level or
    45  advisory level for a contaminant or an emerging contaminant.
    46  § 27-3007. Enforcement.
    47    Any person or entity who violates section 27-3005 of this title  shall
    48  be  liable  for a civil penalty in the amount of one hundred dollars for
    49  the first violation,  two  hundred  dollars  for  the  second  violation
    50  committed  on a different day within a period of twelve months, and four
    51  hundred dollars for the third and each subsequent violation committed on
    52  different days within a period of twelve months, except that the depart-
    53  ment shall not issue a notice of violation, but shall  issue  a  warning
    54  and  provide  information  on  compliance  with  this title, for a first
    55  violation that occurs prior to ten years from the effective date of this
    56  title.
        A. 9121                             3

     1    § 2. The public health law is amended by adding a new  section  1352-f
     2  to read as follows:
     3    § 1352-f. Provision of tap water to customers. 1. For purposes of this
     4  section, the following terms shall have the following meanings:
     5    (a)  "food service establishment" shall mean a public place engaged in
     6  the preparation and service on the premises of food and to  the  general
     7  public.
     8    (b)  "reusable  beverage  container"  shall mean a bottle, mug, cup or
     9  other container that is designed and manufactured to hold beverages  and
    10  is capable of multiple reuse.
    11    2.  All food service establishments in the state shall serve tap water
    12  to customers, upon request, in a reusable beverage container provided by
    13  the customer; provided that:
    14    (a) such reusable beverage container is capable of and appropriate for
    15  serving such tap water, as determined based on  the  size,  cleanliness,
    16  material,  and  any  other  relevant  factors,  of the reusable beverage
    17  container; and
    18    (b) such tap water shall  be  dispensed  in  a  manner  that  prevents
    19  contact  with,  or  contamination  of,  the food-contact surfaces of the
    20  beverage dispensing equipment.
    21    § 3. This act shall take effect one year after it shall have become  a
    22  law.