Bill Text: NY S08726 | 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 1-0)

Status: (Introduced - Dead) 2018-06-07 - PRINT NUMBER 8726B [S08726 Detail]

Download: New_York-2017-S08726-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8726--B
                    IN SENATE
                                      May 10, 2018
                                       ___________
        Introduced  by  Sen. HOYLMAN -- 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  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        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.
    20    1. Restaurants shall only provide single-use plastic straws to custom-
    21  ers when explicitly requested by the customer or selected by the consum-
    22  er from a self-service dispenser.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14988-05-8
        S. 8726--B                          2
     1    2.  Nothing in this section shall preclude a restaurant from providing
     2  customers with non-plastic straws as an alternative to single-use  plas-
     3  tic straws, including, but not limited to, straws made from paper, sugar
     4  cane, or bamboo.
     5  § 27-2805. Enforcement.
     6    Any person who violates this title shall be liable for a civil penalty
     7  in  the  amount  of  one  hundred  dollars  for the first violation, two
     8  hundred dollars for the second violation committed on  a  different  day
     9  within a period of twelve months, and four hundred dollars the the third
    10  and each subsequent violation committed on different days within a peri-
    11  od of twelve months, except that the department shall not issue a notice
    12  of  violation,  but  shall  issue  a  warning and provide information on
    13  compliance with such section, for any violation that occurs  within  one
    14  year of the effective date of this section.
    15    §  2. The general business law is amended by adding a new section 399-
    16  tt to read as follows:
    17    § 399-tt. Single-use plastic straws. Restaurants  shall  only  provide
    18  single-use plastic straws to customers where explicitly requested by the
    19  customer  pursuant  to title twenty-eight of article twenty-seven of the
    20  environmental conservation law.
    21    § 3. This act shall take effect on the one hundred twentieth day after
    22  it shall have become a law.