Bill Text: NY A10433 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Relates to the recycling of film plastic.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-29 - referred to environmental conservation [A10433 Detail]

Download: New_York-2011-A10433-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10433
                                 I N  A S S E M B L Y
                                     May 29, 2012
                                      ___________
       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 film plastic
         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 amended  by  adding  a  new
    3  subdivision 7 to read as follows:
    4    7.  "FILM PLASTIC" MEANS UNCONTAMINATED NON-RIGID FILM PLASTIC PACKAG-
    5  ING PRODUCTS COMPOSED OF PLASTIC RESINS,  WHICH  INCLUDE,  BUT  ARE  NOT
    6  LIMITED TO, NEWSPAPER BAGS, DRY CLEANING BAGS AND SHRINK-WRAP.
    7    S  2.  Subdivision 1 of section 27-2703 of the environmental conserva-
    8  tion law, as added by chapter 641 of the laws of  2008,  is  amended  to
    9  read as follows:
   10    1.  The  operator  of  a  store  shall establish an at-store recycling
   11  program pursuant to the provisions of this title that provides an oppor-
   12  tunity for a customer of the store to return to the store clean  plastic
   13  carryout bags AND FILM PLASTIC.
   14    S  3.  Subdivisions 2, 3 and 4 of section 27-2705 of the environmental
   15  conservation law, as added by chapter 641  of  the  laws  of  2008,  are
   16  amended to read as follows:
   17    2.  a  plastic  carryout  bag  collection  bin that is visible, easily
   18  accessible to the consumer, and clearly marked that the  collection  bin
   19  is  available for the purpose of collecting and recycling plastic carry-
   20  out bags AND FILM PLASTIC.  This subdivision shall apply to  stores  not
   21  within  an  enclosed shopping mall and stores of at least fifty thousand
   22  square feet within an enclosed shopping mall. In the case of an enclosed
   23  shopping mall, the owner of  the  enclosed  mall  shall  place  bins  at
   24  reasonable intervals throughout the enclosed mall area;
   25    3.  all  plastic carryout bags AND FILM PLASTIC collected by the store
   26  to be collected, transported and recycled along with any other  in-store
   27  plastic  recycling,  except  for  plastic bags that are not sufficiently
   28  free of foreign material to enter the recycling stream. Plastic carryout
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16046-01-2
       A. 10433                            2
    1  bags AND FILM PLASTIC collected by the store or the manufacturer,  which
    2  are  free  of  foreign  material,  shall not be disposed of in any solid
    3  waste disposal facility permitted or authorized pursuant to title  seven
    4  of this article;
    5    4.  the  store or its agent to maintain, for a minimum of three years,
    6  records describing the collection, transport and  recycling  of  plastic
    7  carryout  bags  AND  FILM  PLASTIC collected by weight, provided however
    8  that stores or its agents may weigh such  bags,  FILM  PLASTIC  and  any
    9  other  in-store  plastic recycling at a regional collection center. Such
   10  records shall be made available  to  the  department  upon  request,  to
   11  demonstrate compliance with this title; and
   12    S  4.  Subdivision 1 of section 27-2707 of the environmental conserva-
   13  tion law, as added by chapter 641 of the laws of  2008,  is  amended  to
   14  read as follows:
   15    1.  When the manufacturer accepts plastic carryout bags AND FILM PLAS-
   16  TIC for return, it or its agent shall maintain, for a minimum  of  three
   17  years,  records  describing  the  collection, transport and recycling of
   18  plastic carryout bags AND FILM PLASTIC  collected  by  weight,  provided
   19  that  the  manufacturer  or its agents may weigh such bags, FILM PLASTIC
   20  and any other plastic resins  at  a  regional  collection  center.  Such
   21  records  shall  be  made  available  to  the department upon request, to
   22  demonstrate compliance with this title.
   23    S 5.  Section 27-2709 of the environmental conservation law, as  added
   24  by chapter 641 of the laws of 2008, is amended to read as follows:
   25  S 27-2709. Department responsibility.
   26    1. The department shall develop educational materials to encourage the
   27  reduction, reuse and recycling of plastic carryout bags AND FILM PLASTIC
   28  and  shall  make  those materials available to stores required to comply
   29  with this article.
   30    2. The department shall provide information regarding the availability
   31  of recycling facilities and companies that recycle plastic bags AND FILM
   32  PLASTIC, including the addresses and phone numbers  of  such  facilities
   33  and companies to stores required to comply with this article.
   34    S  6.  This  act  shall take effect on the sixtieth day after it shall
   35  have become a law.