Bill Text: NY S05282 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5282--A

                               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
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11287-03-9
        S. 5282--A                          2

     1    4. "Small plastic bottle" means a plastic  bottle  or  container  with
     2  less  than a twelve ounce capacity that is intended to be nonreusable by
     3  the end user.
     4  § 27-3003. Small bottle personal care products.
     5    1.  Effective  January first, two thousand twenty-three for all hotels
     6  with fifty rooms or more and January first, two thousand twenty-four for
     7  all hotels with less than fifty rooms, a hotel shall not provide a small
     8  plastic bottle containing a personal care product to a person staying in
     9  a sleeping room accommodation, in any space  within  the  sleeping  room
    10  accommodation,  or  in an area in the hotel that is shared by the public
    11  or guests, including but not limited to, the public lavatories and wash-
    12  rooms of such hotel.
    13    2. A hotel may use bulk dispensers of personal care products to reduce
    14  plastic waste and lower operating costs.
    15    3. Nothing in this section  shall  preclude  a  hotel  from  providing
    16  customers with non-plastic small bottle alternatives.
    17  § 27-3005. Violations.
    18    1.  A  hotel  that  violates a provision of this title shall receive a
    19  warning notice for the  first  such  violation,  detailing  the  hotel's
    20  requirement  to  correct  the violation within thirty days from the date
    21  the notice is sent. A hotel shall be liable to the  state  for  a  civil
    22  penalty  of  two  hundred  fifty  dollars  for the first violation after
    23  receiving a warning and failing to correct the violation  within  thirty
    24  days  and  five hundred dollars for any subsequent violation in the same
    25  calendar year. A hearing or opportunity to be heard  shall  be  provided
    26  prior to the assessment of any civil penalty.
    27    2.  The department, the department of health, and the attorney general
    28  are hereby authorized to enforce the provisions of this  title  and  all
    29  monies  collected  shall be deposited to the credit of the environmental
    30  protection fund established pursuant  to  section  ninety-two-s  of  the
    31  state finance law.
    32  § 27-3007. Preemption of local law.
    33    Jurisdiction  in  all matters pertaining to small bottle personal care
    34  product restrictions is vested exclusively in the state.
    35    § 2. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
    36  amended  by  section  1 of part AA of chapter 58 of the laws of 2018, is
    37  amended to read as follows:
    38    3. Such fund shall consist of the amount of revenue  collected  within
    39  the  state  from the amount of revenue, interest and penalties deposited
    40  pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
    41  amount  of fees and penalties received from easements or leases pursuant
    42  to subdivision fourteen of section seventy-five of the public lands  law
    43  and  the  money  received  as annual service charges pursuant to section
    44  four hundred four-n of the vehicle and traffic law, all moneys  required
    45  to  be  deposited  therein from the contingency reserve fund pursuant to
    46  section two hundred ninety-four of chapter fifty-seven of  the  laws  of
    47  nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
    48  pursuant to section thirteen of chapter six hundred ten of the  laws  of
    49  nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
    50  section 54-0511 of the environmental conservation law, all moneys to  be
    51  deposited from the Northville settlement pursuant to section one hundred
    52  twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
    53  hundred ninety-six, provided however, that such  moneys  shall  only  be
    54  used  for  the cost of the purchase of private lands in the core area of
    55  the central Suffolk pine barrens pursuant to a consent  order  with  the
    56  Northville  industries  signed  on  October thirteenth, nineteen hundred
        S. 5282--A                          3

     1  ninety-four and the related resource restoration and  replacement  plan,
     2  the  amount  of  penalties  required  to be deposited therein by section
     3  71-2724 of the environmental conservation law, all moneys required to be
     4  deposited  pursuant to article thirty-three of the environmental conser-
     5  vation law, all fees collected pursuant to subdivision eight of  section
     6  70-0117  of  the  environmental  conservation  law, all moneys collected
     7  pursuant to title thirty-three of article fifteen of  the  environmental
     8  conservation  law,  beginning  with  the fiscal year commencing on April
     9  first, two thousand thirteen, nineteen million dollars, and  all  fiscal
    10  years  thereafter,  twenty-three million dollars plus all funds received
    11  by the state each fiscal year in excess of the  greater  of  the  amount
    12  received  from  April  first,  two thousand twelve through March thirty-
    13  first, two thousand thirteen  or  one  hundred  twenty-two  million  two
    14  hundred thousand dollars, from the payments collected pursuant to subdi-
    15  vision four of section 27-1012 of the environmental conservation law and
    16  all  funds  collected  pursuant  to section 27-1015 of the environmental
    17  conservation law, all  moneys  required  to  be  deposited  pursuant  to
    18  section  27-3005  of  the  environmental conservation law, and all other
    19  moneys credited or transferred thereto from any  other  fund  or  source
    20  pursuant  to law. All such revenue shall be initially deposited into the
    21  environmental protection fund, for application as provided  in  subdivi-
    22  sion five of this section.
    23    §  3.  Subdivision  3  of  section  92-s  of the state finance law, as
    24  amended by section 4 of part H of chapter 58 of the  laws  of  2019,  is
    25  amended to read as follows:
    26    3.  Such  fund shall consist of the amount of revenue collected within
    27  the state from the amount of revenue, interest and  penalties  deposited
    28  pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
    29  amount of fees and penalties received from easements or leases  pursuant
    30  to  subdivision fourteen of section seventy-five of the public lands law
    31  and the money received as annual service  charges  pursuant  to  section
    32  four  hundred four-n of the vehicle and traffic law, all moneys required
    33  to be deposited therein from the contingency reserve  fund  pursuant  to
    34  section  two  hundred  ninety-four of chapter fifty-seven of the laws of
    35  nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
    36  pursuant  to  section thirteen of chapter six hundred ten of the laws of
    37  nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
    38  section  54-0511 of the environmental conservation law, all moneys to be
    39  deposited from the Northville settlement pursuant to section one hundred
    40  twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
    41  hundred  ninety-six,  provided  however,  that such moneys shall only be
    42  used for the cost of the purchase of private lands in the core  area  of
    43  the  central  Suffolk  pine barrens pursuant to a consent order with the
    44  Northville industries signed on  October  thirteenth,  nineteen  hundred
    45  ninety-four  and  the related resource restoration and replacement plan,
    46  the amount of penalties required to  be  deposited  therein  by  section
    47  71-2724 of the environmental conservation law, all moneys required to be
    48  deposited  pursuant to article thirty-three of the environmental conser-
    49  vation law, all fees collected pursuant to subdivision eight of  section
    50  70-0117  of  the  environmental  conservation  law, all moneys collected
    51  pursuant to title thirty-three of article fifteen of  the  environmental
    52  conservation  law,  beginning  with  the fiscal year commencing on April
    53  first, two thousand thirteen, nineteen million dollars, and  all  fiscal
    54  years  thereafter,  twenty-three million dollars plus all funds received
    55  by the state each fiscal year in excess of the  greater  of  the  amount
    56  received  from  April  first,  two thousand twelve through March thirty-
        S. 5282--A                          4

     1  first, two thousand thirteen  or  one  hundred  twenty-two  million  two
     2  hundred thousand dollars, from the payments collected pursuant to subdi-
     3  vision four of section 27-1012 of the environmental conservation law and
     4  all  funds  collected  pursuant  to section 27-1015 of the environmental
     5  conservation law, all  moneys  required  to  be  deposited  pursuant  to
     6  sections  27-2805 and 27-2807 of the environmental conservation law, all
     7  moneys required to be deposited pursuant to section 27-3005 of the envi-
     8  ronmental conservation law, and all other moneys credited or transferred
     9  thereto from any other fund or source pursuant to law. All such  revenue
    10  shall be initially deposited into the environmental protection fund, for
    11  application as provided in subdivision five of this section.
    12    §  4.  This  act shall take effect January 1, 2023; provided, however,
    13  that the amendments to subdivision three of section ninety-two-s of  the
    14  state finance law made by section three of this act shall take effect on
    15  the  same  date and in the same manner as section 4 of part H of chapter
    16  58 of the laws of 2019, takes effect.