Bill Text: NY A09994 | 2017-2018 | General Assembly | Amended

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Bill Title: Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer or when selected by the consumer from a self-service dispenser.

Spectrum: Partisan Bill (Democrat 28-1)

Status: (Introduced - Dead) 2018-06-07 - reported referred to codes [A09994 Detail]

Download: New_York-2017-A09994-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9994--B
                   IN ASSEMBLY
                                      March 7, 2018
                                       ___________
        Introduced  by  M. of A. L. ROSENTHAL, LUPARDO, SIMOTAS, JAFFEE, TAYLOR,
          MOSLEY, COLTON, GLICK, NIOU,  GOTTFRIED,  BARRON,  RIVERA,  SEAWRIGHT,
          SIMON,  ORTIZ, PELLEGRINO, BLAKE, ERRIGO, D'URSO, GALEF -- Multi-Spon-
          sored by -- M. of A. LIFTON, THIELE -- read once and referred  to  the
          Committee  on Environmental Conservation -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the environmental conservation law and the general busi-
          ness law, in relation to prohibitions on single-use plastic straws  in
          restaurants
          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 28 to read as follows:
     3                                  TITLE 28
     4                         PLASTIC STRAW RESTRICTIONS
     5  Section 27-2801. Definitions.
     6          27-2803. Single-use plastic straws.
     7          27-2805. Enforcement.
     8  § 27-2801. Definitions.
     9  For the purposes of this title, "restaurant" means any  diner  or  other
    10  eating or beverage establishment, which offers for sale food or beverag-
    11  es  to the public, guests, members, or patrons, where the food or bever-
    12  ages are customarily consumed on the  premises.  For  purposes  of  this
    13  title, "restaurant" shall include a fast food establishment, bar, coffee
    14  shop,  cafeteria,  luncheonette,  or short order cafe; however, "restau-
    15  rant" shall not include a sandwich stand, soda  fountain,  drive-through
    16  portion  of  a  restaurant, drive-in restaurant, or any establishment or
    17  portion of a restaurant where food or beverages are customarily consumed
    18  off the premises.
    19  § 27-2803. Single-use plastic straws.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14988-04-8
        A. 9994--B                          2
     1    1. Restaurants shall only provide single-use plastic straws to custom-
     2  ers when explicitly requested by the customer or selected by the consum-
     3  er from a self-service dispenser.
     4    2.  Nothing in this section shall preclude a restaurant from providing
     5  customers with non-plastic straws as an alternative to single-use  plas-
     6  tic straws, including, but not limited to, straws made from paper, sugar
     7  cane, or bamboo.
     8  § 27-2805. Enforcement.
     9    Any person who violates this title shall be liable for a civil penalty
    10  in  the  amount  of  one  hundred  dollars  for the first violation, two
    11  hundred dollars for the second violation committed on  a  different  day
    12  within a period of twelve months, and four hundred dollars the the third
    13  and each subsequent violation committed on different days within a peri-
    14  od of twelve months, except that the department shall not issue a notice
    15  of  violation,  but  shall  issue  a  warning and provide information on
    16  compliance with such section, for any violation that occurs  within  one
    17  year of the effective date of this section.
    18    §  2. The general business law is amended by adding a new section 399-
    19  tt to read as follows:
    20    § 399-tt. Single-use plastic straws. Restaurants  shall  only  provide
    21  single-use plastic straws to customers where explicitly requested by the
    22  customer  pursuant  to title twenty-eight of article twenty-seven of the
    23  environmental conservation law.
    24    § 3. This act shall take effect on the one hundred twentieth day after
    25  it shall have become a law.