Bill Text: NY S05282 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibits hotels from making available to its hotel guests small plastic bottles containing hospitality personal care products; imposes a monetary penalty for violation of such prohibition after notice, and a hearing or opportunity to be heard.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed - Dead) 2020-07-23 - ordered to third reading rules cal.307 [S05282 Detail]
Download: New_York-2019-S05282-Introduced.html
Bill Title: Prohibits hotels from making available to its hotel guests small plastic bottles containing hospitality personal care products; imposes a monetary penalty for violation of such prohibition after notice, and a hearing or opportunity to be heard.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed - Dead) 2020-07-23 - ordered to third reading rules cal.307 [S05282 Detail]
Download: New_York-2019-S05282-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5282 2019-2020 Regular Sessions IN SENATE April 23, 2019 ___________ Introduced by Sen. KAMINSKY -- 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 and the state finance law, in relation to restricting hotels from making available to hotel guests small bottle personal care products 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 SMALL BOTTLE PERSONAL CARE PRODUCT RESTRICTIONS 5 Section 27-3001. Definitions. 6 27-3003. Small bottle personal care products. 7 27-3005. Violations. 8 27-3007. Preemption of local law. 9 § 27-3001. Definitions. 10 As used in this title: 11 1. "Hotel" means a building or portion of a building which is regular- 12 ly used and kept open as such for the lodging of guests. Hotel includes 13 an apartment hotel, a motel or a boarding house, whether or not meals 14 are served. 15 2. "Personal care product" means a product intended to be applied to 16 or used on the human body or any part thereof for cleansing, condition- 17 ing, or moisturizing. Personal care product includes, but is not limited 18 to, shampoo, conditioner, lotion, and liquid soap. 19 3. "Plastic" means any various organic compounds produced by polymeri- 20 zation, capable of being molded, extruded, cast into various shapes and 21 films, or drawn into filaments. 22 4. "Small plastic bottle" means a plastic bottle or container with 23 less than a twelve ounce capacity that is intended to be nonreusable by 24 the end user. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11287-02-9S. 5282 2 1 § 27-3003. Small bottle personal care products. 2 1. A hotel shall not provide a small plastic bottle containing a 3 personal care product to a person staying in a sleeping room accommo- 4 dation, in any space within the sleeping room accommodation, or in an 5 area in the hotel that is shared by the public or guests, including but 6 not limited to, the public lavatories and washrooms of such hotel. 7 2. A hotel may use bulk dispensers of personal care products to reduce 8 plastic waste and lower operating costs. 9 3. Nothing in this section shall preclude a hotel from providing 10 customers with non-plastic small bottle alternatives. 11 § 27-3005. Violations. 12 1. A hotel that violates a provision of this title shall receive a 13 warning notice for the first such violation. A hotel shall be liable to 14 the state for a civil penalty of two hundred fifty dollars for the first 15 violation after receiving a warning and five hundred dollars for any 16 subsequent violation in the same calendar year. A hearing or opportunity 17 to be heard shall be provided prior to the assessment of any civil 18 penalty. 19 2. The department, the department of health, and the attorney general 20 are hereby authorized to enforce the provisions of this title and all 21 monies collected shall be deposited to the credit of the environmental 22 protection fund established pursuant to section ninety-two-s of the 23 state finance law. 24 § 27-3007. Preemption of local law. 25 Jurisdiction in all matters pertaining to small bottle personal care 26 product restrictions is vested exclusively in the state. 27 § 2. Subdivision 3 of section 92-s of the state finance law, as 28 amended by section 1 of part AA of chapter 58 of the laws of 2018, is 29 amended to read as follows: 30 3. Such fund shall consist of the amount of revenue collected within 31 the state from the amount of revenue, interest and penalties deposited 32 pursuant to section fourteen hundred twenty-one of the tax law, the 33 amount of fees and penalties received from easements or leases pursuant 34 to subdivision fourteen of section seventy-five of the public lands law 35 and the money received as annual service charges pursuant to section 36 four hundred four-n of the vehicle and traffic law, all moneys required 37 to be deposited therein from the contingency reserve fund pursuant to 38 section two hundred ninety-four of chapter fifty-seven of the laws of 39 nineteen hundred ninety-three, all moneys required to be deposited 40 pursuant to section thirteen of chapter six hundred ten of the laws of 41 nineteen hundred ninety-three, repayments of loans made pursuant to 42 section 54-0511 of the environmental conservation law, all moneys to be 43 deposited from the Northville settlement pursuant to section one hundred 44 twenty-four of chapter three hundred nine of the laws of nineteen 45 hundred ninety-six, provided however, that such moneys shall only be 46 used for the cost of the purchase of private lands in the core area of 47 the central Suffolk pine barrens pursuant to a consent order with the 48 Northville industries signed on October thirteenth, nineteen hundred 49 ninety-four and the related resource restoration and replacement plan, 50 the amount of penalties required to be deposited therein by section 51 71-2724 of the environmental conservation law, all moneys required to be 52 deposited pursuant to article thirty-three of the environmental conser- 53 vation law, all fees collected pursuant to subdivision eight of section 54 70-0117 of the environmental conservation law, all moneys collected 55 pursuant to title thirty-three of article fifteen of the environmental 56 conservation law, beginning with the fiscal year commencing on AprilS. 5282 3 1 first, two thousand thirteen, nineteen million dollars, and all fiscal 2 years thereafter, twenty-three million dollars plus all funds received 3 by the state each fiscal year in excess of the greater of the amount 4 received from April first, two thousand twelve through March thirty- 5 first, two thousand thirteen or one hundred twenty-two million two 6 hundred thousand dollars, from the payments collected pursuant to subdi- 7 vision four of section 27-1012 of the environmental conservation law and 8 all funds collected pursuant to section 27-1015 of the environmental 9 conservation law, all moneys required to be deposited pursuant to 10 section 27-3005 of the environmental conservation law, and all other 11 moneys credited or transferred thereto from any other fund or source 12 pursuant to law. All such revenue shall be initially deposited into the 13 environmental protection fund, for application as provided in subdivi- 14 sion five of this section. 15 § 3. Subdivision 3 of section 92-s of the state finance law, as 16 amended by section 4 of part H of chapter 58 of the laws of 2019, is 17 amended to read as follows: 18 3. Such fund shall consist of the amount of revenue collected within 19 the state from the amount of revenue, interest and penalties deposited 20 pursuant to section fourteen hundred twenty-one of the tax law, the 21 amount of fees and penalties received from easements or leases pursuant 22 to subdivision fourteen of section seventy-five of the public lands law 23 and the money received as annual service charges pursuant to section 24 four hundred four-n of the vehicle and traffic law, all moneys required 25 to be deposited therein from the contingency reserve fund pursuant to 26 section two hundred ninety-four of chapter fifty-seven of the laws of 27 nineteen hundred ninety-three, all moneys required to be deposited 28 pursuant to section thirteen of chapter six hundred ten of the laws of 29 nineteen hundred ninety-three, repayments of loans made pursuant to 30 section 54-0511 of the environmental conservation law, all moneys to be 31 deposited from the Northville settlement pursuant to section one hundred 32 twenty-four of chapter three hundred nine of the laws of nineteen 33 hundred ninety-six, provided however, that such moneys shall only be 34 used for the cost of the purchase of private lands in the core area of 35 the central Suffolk pine barrens pursuant to a consent order with the 36 Northville industries signed on October thirteenth, nineteen hundred 37 ninety-four and the related resource restoration and replacement plan, 38 the amount of penalties required to be deposited therein by section 39 71-2724 of the environmental conservation law, all moneys required to be 40 deposited pursuant to article thirty-three of the environmental conser- 41 vation law, all fees collected pursuant to subdivision eight of section 42 70-0117 of the environmental conservation law, all moneys collected 43 pursuant to title thirty-three of article fifteen of the environmental 44 conservation law, beginning with the fiscal year commencing on April 45 first, two thousand thirteen, nineteen million dollars, and all fiscal 46 years thereafter, twenty-three million dollars plus all funds received 47 by the state each fiscal year in excess of the greater of the amount 48 received from April first, two thousand twelve through March thirty- 49 first, two thousand thirteen or one hundred twenty-two million two 50 hundred thousand dollars, from the payments collected pursuant to subdi- 51 vision four of section 27-1012 of the environmental conservation law and 52 all funds collected pursuant to section 27-1015 of the environmental 53 conservation law, all moneys required to be deposited pursuant to 54 sections 27-2805 and 27-2807 of the environmental conservation law, all 55 moneys required to be deposited pursuant to section 27-3005 of the envi- 56 ronmental conservation law, and all other moneys credited or transferredS. 5282 4 1 thereto from any other fund or source pursuant to law. All such revenue 2 shall be initially deposited into the environmental protection fund, for 3 application as provided in subdivision five of this section. 4 § 4. This act shall take effect January 1, 2022; provided, however, 5 that the amendments to subdivision three of section ninety-two-s of the 6 state finance law made by section three of this act shall take effect on 7 the same date and in the same manner as section 4 of part H of chapter 8 58 of the laws of 2019, takes effect.
