S T A T E   O F   N E W   Y O R K
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                                 3636--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. DenDEKKER, JAFFEE, McDONOUGH, THIELE, O'DONNELL,
  LIFTON, COLTON, CRESPO, ROBINSON, STIRPE, KIM, ENGLEBRIGHT, SEPULVEDA,
  MOSLEY, HEVESI, MARKEY, SEAWRIGHT, BENEDETTO, PRETLOW, ABINANTI, WEIN-
  STEIN, ORTIZ, TITONE, DILAN, ABBATE, PEOPLES-STOKES,  LENTOL,  LAVINE,
  COOK,  HYNDMAN, FAHY, STEC, HIKIND, MILLER -- Multi-Sponsored by -- M.
  of A.   GLICK, GOLDFEDER, KEARNS, MAGEE,  MOYA,  PICHARDO,  RODRIGUEZ,
  SIMOTAS  --  read  once and referred to the Committee on Environmental
  Conservation -- recommitted to the Committee on Environmental  Conser-
  vation  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting grocery stores from providing plastic carryout bags

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4  of  section  27-2701  of  the  environmental
conservation  law,  as  added  by  chapter  641  of the laws of 2008, is
amended and four new subdivisions 8, 9, 10 and 11 are added to  read  as
follows:
  4. "Plastic carryout bag" means a [plastic carryout] bag MADE PREDOMI-
NANTLY OF ANY TYPE OF PLASTIC WHICH IS provided by a store to a customer
at  the point of sale, BUT DOES NOT INCLUDE REUSABLE BAGS, PRODUCE BAGS,
OR PRODUCT BAGS AS DEFINED IN THIS SECTION.
  8. "GROCERY STORE" MEANS A RETAIL ESTABLISHMENT WHERE  PRODUCE,  MEATS
OR  OTHER  FOOD ITEMS ARE REGULARLY AND CUSTOMARILY SOLD FOR CONSUMPTION
OFF THE PREMISES.
  9. "PRODUCE BAG" OR "PRODUCT BAG" MEANS ANY BAG WITHOUT  HANDLES  USED
EXCLUSIVELY TO CARRY PRODUCE, MEATS, OR OTHER FOOD ITEMS TO THE POINT OF
SALE  INSIDE  A  STORE  OR  TO  PREVENT SUCH FOOD ITEMS FROM COMING INTO
DIRECT CONTACT WITH OTHER PURCHASED ITEMS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07232-02-6

              

A. 3636--A                          2

  10. "RECYCLABLE" MEANS MATERIAL THAT  CAN  BE  SORTED,  CLEANSED,  AND
RECONSTITUTED  USING  AVAILABLE  RECYCLING  COLLECTION  PROGRAMS FOR THE
PURPOSE OF USING THE MATERIAL IN  THE  MANUFACTURE  OF  A  NEW  PRODUCT.
"RECYCLING"  DOES  NOT INCLUDE BURNING, INCINERATING, OR OTHERWISE THER-
MALLY DESTROYING SOLID WASTE.
  11.  "RECYCLABLE  PAPER CARRYOUT BAG" MEANS A PAPER BAG THAT MEETS ALL
OF THE FOLLOWING REQUIREMENTS: (A) IS  ONE  HUNDRED  PERCENT  RECYCLABLE
OVERALL  AND CONTAINS A MINIMUM OF EIGHTY PERCENT RECYCLED MATERIAL; (B)
DISPLAYS THE WORD "RECYCLABLE" IN A HIGHLY VISIBLE MANNER ON THE OUTSIDE
OF THE BAG; AND (C) HAS PRINTED ON THE BAG THE NAME OF THE MANUFACTURER,
THE LOCATION (COUNTRY) WHERE THE BAG WAS MANUFACTURED, AND THE  PERCENT-
AGE OF RECYCLED MATERIAL USED.
  S  2.  The  environmental  conservation law is amended by adding a new
section 27-2706 to read as follows:
S 27-2706. PROHIBITION OF PLASTIC BAGS.
  1. NO GROCERY STORE LOCATED IN THE STATE MAY DISTRIBUTE PLASTIC CARRY-
OUT BAGS AS DEFINED IN SECTION 27-2701 OF THIS TITLE.
  2. SUCH PROHIBITION SHALL APPLY TO BAGS PROVIDED FOR  THE  PURPOSE  OF
CARRYING  AWAY  GOODS  FROM  THE  POINT  OF  SALE AND SHALL NOT APPLY TO
PRODUCE BAGS OR PRODUCT BAGS  AS  SUCH  TERMS  ARE  DEFINED  IN  SECTION
27-2701 OF THIS TITLE.
  3. ALL GROCERY STORES SHALL PROVIDE RECYCLABLE PAPER CARRYOUT BAGS, AS
DEFINED IN SECTION 27-2701 OF THIS TITLE, AT THE POINT OF SALE AND AT NO
CHARGE  TO THE CUSTOMER.  IN ADDITION TO RECYCLABLE PAPER CARRYOUT BAGS,
GROCERY STORES MAY OFFER BAGS WHICH ARE  BIODEGRADABLE  OR  COMPOSTABLE.
GROCERY STORES  MAY ALSO PROVIDE REUSABLE PLASTIC BAGS WHEN THE CUSTOMER
PAYS  A  DEPOSIT FOR THE USE OF SUCH BAGS WHICH SHALL BE RETURNED TO THE
CUSTOMER UPON THE RETURN OF THE BAGS TO THE STORE.
  4. NOTHING IN THIS SECTION SHALL BE READ TO PRECLUDE ANY ESTABLISHMENT
FROM MAKING REUSABLE BAGS, AS DEFINED IN SECTION 27-2701 OF THIS  TITLE,
AVAILABLE TO CUSTOMERS BY SALE OR OTHERWISE.
  5. NOTHING IN THIS SECTION SHALL BE READ TO PRECLUDE ANY ESTABLISHMENT
FROM  PROVIDING  PRODUCE  BAGS  OR  PRODUCT  BAGS, AS DEFINED IN SECTION
27-2701 OF THIS TITLE, TO THEIR CUSTOMERS.
  6. NOTHING IN THIS SECTION SHALL PROHIBIT CUSTOMERS FROM USING BAGS OF
ANY TYPE THAT THEY BRING TO THE STORE THEMSELVES OR FROM  CARRYING  AWAY
GOODS  THAT  ARE  NOT PLACED IN A BAG, IN LIEU OF USING BAGS PROVIDED BY
THE STORE.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that effective immediately, the addition and/or repeal of  any  rule  or
regulation necessary for the implementation of this act on its effective
date  are  authorized and directed to be made and completed on or before
such effective date.