Bill Text: NY S01196 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 1196 (Prior Session Legislation)

Introduced

Bill Title: Requires the placement of the recycling receptacle/collection bin near the entrance of the store, if practicable; makes related provisions; mandates a sign be posted above the receptacle/collection bin indicating that this is the location to recycle plastic bags, including grocery store bags, dry cleaning bags, and newspaper bags.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2018-06-19 - referred to environmental conservation [S01196 Detail]

Download: New_York-2017-S01196-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1196
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          certain recycling program requirements
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 27-2705 of the environmental conservation  law,  as
     2  added  by  chapter  641  of the laws of 2008, subdivisions 2, 3 and 4 as
     3  amended by chapter 481 of the laws  of  2014,  is  amended  to  read  as
     4  follows:
     5  § 27-2705. Recycling program requirements.
     6    An  at-store  recycling  program  provided  by the operator of a store
     7  shall require:
     8    1. a plastic carryout bag provided by the store  to  have  printed  or
     9  displayed  on  the  bag,  in  a  manner visible to a consumer, the words
    10  "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
    11  er, such store shall be allowed for one year from the effective date  of
    12  this  subdivision  to use its existing stock of plastic carryout bags. A
    13  store may also apply to the commissioner for approval of an  alternative
    14  plastic  bag recycling message. The commissioner shall approve or reject
    15  the proposed message within forty-five days;
    16    2. a collection bin that is visible, near the entrance of such  store,
    17  if  practicable,  easily accessible to the consumer, and clearly marked,
    18  with a sign in at least sixteen point font and placed  above  such  bin,
    19  indicating that this is the location to recycle plastic bags, including,
    20  but  not limited to, grocery store bags, dry cleaning bags and newspaper
    21  bags and that the  collection  bin  is  available  for  the  purpose  of
    22  collecting  and  recycling  plastic carryout bags and film plastic. This
    23  subdivision shall apply to stores not within an enclosed  shopping  mall
    24  and  stores  of  at  least fifty thousand square feet within an enclosed
    25  shopping mall. In the case of an enclosed shopping mall,  the  owner  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01271-01-7

        S. 1196                             2
     1  the  enclosed  mall  shall place bins at reasonable intervals throughout
     2  the enclosed mall area;
     3    3.  all  plastic carryout bags and film plastic collected by the store
     4  to be collected, emptied regularly, transported and recycled along  with
     5  any  other  in-store plastic recycling, except for plastic bags that are
     6  not sufficiently free of foreign material to enter the recycling stream.
     7  Plastic carryout bags and film plastic collected by  the  store  or  the
     8  manufacturer,  which are free of foreign material, shall not be disposed
     9  of in any solid waste disposal facility permitted or authorized pursuant
    10  to title seven of this article;
    11    4. the store or its agent to maintain, for a minimum of  three  years,
    12  records  describing  the  collection, transport and recycling of plastic
    13  carryout bags and film plastic collected  by  weight,  provided  however
    14  that  stores  or  its  agents  may weigh such bags, film plastic and any
    15  other in-store plastic recycling at a regional collection  center.  Such
    16  records  shall  be  made  available  to  the department upon request, to
    17  demonstrate compliance with this title; and
    18    5. the operator of the store to (a) make reusable  bags  available  to
    19  customers  within the store for purchase, and (b) permit a reuseable bag
    20  to be used in lieu of a plastic carryout bag or paper bag.
    21    § 2. This act shall take effect on the one hundred twentieth day after
    22  it shall have become a law.