Bill S5817A-2013

Relates to the recycling of film plastic

Relates to the recycling of film plastic.

Details

Actions

  • May 13, 2014: SUBSTITUTED BY A191B
  • Feb 27, 2014: ADVANCED TO THIRD READING
  • Feb 26, 2014: 2ND REPORT CAL.
  • Feb 11, 2014: 1ST REPORT CAL.169
  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Oct 9, 2013: PRINT NUMBER 5817A
  • Oct 9, 2013: AMEND AND RECOMMIT TO RULES
  • Jun 17, 2013: REFERRED TO RULES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Feb 11, 2014
Ayes (12): Grisanti, LaValle, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Serrano, Latimer, Tkaczyk

Memo

BILL NUMBER:S5817A

TITLE OF BILL: An act to amend the environmental conservation law, in relation to the recycling of film plastic

PURPOSE:

To help support the New York City-wide recycling program state wide to accept film plastic in their collection bins.

SUMMARY OF PROVISIONS:

This bill amends provisions of the "Plastic Bag Reduction, Reuse and Recycling Act" (the "Act"), which was enacted by the State in 2008. Specifically, the bill would require stores state wide to accept film plastic in their collection bins. Subdivision 2 of Section 27-2701 of the environmental conservation law is amended by adding film plastic to the definition of "manufacturer." Section 27-2701 is amended by adding a new subdivision 7 defining film plastic. Article 27, Title 27 of the environmental conservation law is amended throughout to include film plastic in the plastic bag recycling program.

JUSTIFICATION:

New York City's "Plastic Carryout Bag and Film Plastic Recycling Law," signed into law in 2008, differed from the State's "Plastic Bad Reduction, Reuse and Recycling Act" because it imposed stricter plastic bag collection requirements on a larger number of stores, and applied to film plastic as well as to plastic carryout bags. The changes proposed in this bill would align state law with the City's preempted stricter standard by adding film plastic to the plastic bag recycling program that is already in place statewide.

These changes will lead to greater compliance with the recycling program by both retail stores and by consumers, who will have greater opportunities to recycle their unwanted plastic bags and film plastic. As indicated in the approval memo of the New York State "Plastic Bag Reduction, Reuse and Recycling Act", these changes to the bill will help support the successful City-wide recycling program that was in place before the State Act took effect.

LEGISLATIVE HISTORY:.

2012: A10433 (Kavanagh) Environmental Conservation

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect on March 1, 2015.


Text

STATE OF NEW YORK ________________________________________________________________________ 5817--A 2013-2014 Regular Sessions IN SENATE June 17, 2013 ___________
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to the recycling of film plastic THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 27-2701 of the environmental conservation law, as added by chapter 641 of the laws of 2008, is amended and a new subdivision 7 is added to read as follows: 2. "Manufacturer" means the producer of a plastic carryout bag OR FILM PLASTIC sold to a store or the manufacturer's agent or broker who sold the plastic carryout bag OR FILM PLASTIC to the store. 7. "FILM PLASTIC" MEANS UNCONTAMINATED NON-RIGID FILM PLASTIC PACKAG- ING PRODUCTS COMPOSED OF PLASTIC RESINS, WHICH INCLUDE, BUT ARE NOT LIMITED TO, NEWSPAPER BAGS, DRY CLEANING BAGS AND SHRINK-WRAP. S 2. Subdivision 1 of section 27-2703 of the environmental conserva- tion law, as added by chapter 641 of the laws of 2008, is amended to read as follows: 1. The operator of a store shall establish an at-store recycling program pursuant to the provisions of this title that provides an oppor- tunity for a customer of the store to return to the store clean plastic carryout bags AND FILM PLASTIC. S 3. Subdivisions 2, 3 and 4 of section 27-2705 of the environmental conservation law, as added by chapter 641 of the laws of 2008, are amended to read as follows: 2. a [plastic carryout bag] collection bin that is visible, easily accessible to the consumer, and clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carry- out bags AND FILM PLASTIC. This subdivision shall apply to stores not
within an enclosed shopping mall and stores of at least fifty thousand square feet within an enclosed shopping mall. In the case of an enclosed shopping mall, the owner of the enclosed mall shall place bins at reasonable intervals throughout the enclosed mall area; 3. all plastic carryout bags AND FILM PLASTIC collected by the store to be collected, transported and recycled along with any other in-store plastic recycling, except for plastic bags that are not sufficiently free of foreign material to enter the recycling stream. Plastic carryout bags AND FILM PLASTIC collected by the store or the manufacturer, which are free of foreign material, shall not be disposed of in any solid waste disposal facility permitted or authorized pursuant to title seven of this article; 4. the store or its agent to maintain, for a minimum of three years, records describing the collection, transport and recycling of plastic carryout bags AND FILM PLASTIC collected by weight, provided however that stores or its agents may weigh such bags, FILM PLASTIC and any other in-store plastic recycling at a regional collection center. Such records shall be made available to the department upon request, to demonstrate compliance with this title; and S 4. Subdivision 1 of section 27-2707 of the environmental conserva- tion law, as added by chapter 641 of the laws of 2008, is amended to read as follows: 1. When the manufacturer accepts plastic carryout bags AND FILM PLAS- TIC for return, it or its agent shall maintain, for a minimum of three years, records describing the collection, transport and recycling of plastic carryout bags AND FILM PLASTIC collected by weight, provided that the manufacturer or its agents may weigh such bags, FILM PLASTIC and any other plastic resins at a regional collection center. Such records shall be made available to the department upon request, to demonstrate compliance with this title. S 5. Section 27-2709 of the environmental conservation law, as added by chapter 641 of the laws of 2008, is amended to read as follows: S 27-2709. Department responsibility. 1. The department shall develop educational materials to encourage the reduction, reuse and recycling of plastic carryout bags AND FILM PLASTIC and shall make those materials available to stores required to comply with this article. 2. The department shall provide information regarding the availability of recycling facilities and companies that recycle plastic bags AND FILM PLASTIC, including the addresses and phone numbers of such facilities and companies to stores required to comply with this article. S 6. Section 27-2713 of the environmental conservation law, as added by chapter 641 of the laws of 2008, is amended to read as follows: S 27-2713. Preemption. Jurisdiction in all matters pertaining to plastic bag AND FILM PLASTIC recycling is by this article vested exclusively in the state. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing the recycling of plastic bags AND FILM PLASTIC shall, upon the effective date of this title, be preempted. Provided however, nothing in this section shall preclude a person from coordinating for recycling or reuse the collection of plastic bags OR FILM PLASTIC. S 7. This act shall take effect March 1, 2015.

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