Relates to the recycling of plastic bags.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to the recycling of plastic carryout bags and film plastic
PURPOSE OR GENERAL IDEA OF BILL:
To help support the New York State recycling program by increasing the number of stores subject to the Plastic Bag Reduction, Reuse and Recycling Act.
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 increase the number of stores subject to the Act. It would also give co-enforcement authority for certain provisions of the Act to an agency or agencies designated by the Mayor of the City of New York.
New York City's "Plastic Carryout Bag and Film Plastic Recycling Law", signed into law by Mayor Bloomberg as Local Law No. 1 for the year 2008, was preempted by the State's "Plastic Bag Reduction, Reuse and Recycling Act". The City supports a uniform, comprehensive plastic bag collection and recycling program administered by stores on a statewide basis. However, the City's "Plastic Carryout Bag and Film Plastic Recycling Law" law was more comprehensive because it imposed collection requirements on a larger number of stores.
The changes proposed in this bill would require a greater number of stores in New York City to provide a recycling bin for collecting unwanted plastic bags. Additionally, this bill would grant co-enforcement authority to the City over certain provisions of the law, leading 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. These changes will help support the successful City-wide recycling program that was in place before the State Act took effect.
PRIOR LEGISLATIVE HISTORY:
2012: A10442 (Kavanagh) - Environmental Conservation
This act shall take effect on the sixtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 7409 IN SENATE May 14, 2014 ___________Introduced by Sen. SANDERS -- 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, in relation to the recycling of plastic carryout bags and film plastic THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 27-2701 of the environmental conservation law, as added by chapter 641 of the laws of 2008, is amended to read as follows: 6. "Store" means a retail establishment that provides plastic carryout bags to its customers as a result of the sale of a product and (a) has over ten thousand square feet of retail space OR, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, HAS OVER FIVE THOUSAND SQUARE FEET OF RETAIL SPACE, or (b) such retail establishment is part of a chain engaged in the same general field of business
[which]THAT operates five or more units of over five thousand square feet of retail space in this state under common ownership and management OR, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, SUCH RETAIL ESTABLISHMENT IS PART OF A CHAIN ENGAGED IN THE SAME GENERAL FIELD OF BUSINESS THAT OPERATES FIVE OR MORE UNITS IN SUCH CITY UNDER COMMON OWNERSHIP AND MANAGEMENT. S 2. 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 recycling is by this article vested exclusively in the state, EXCEPT THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, AN AGENCY OR AGENCIES DESIGNATED BY THE MAYOR OF SUCH CITY MAY ENFORCE SECTION 27-2703 AND SUBDIVISIONS ONE, TWO AND FIVE OF SECTION 27-2705 OF THIS TITLE. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing the recycling of plastic bags 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03541-01-3 S. 7409 2
S 3. Subdivision 1 of section 71-2728 of the environmental conserva- tion law, as added by chapter 641 of the laws of 2008, is amended to read as follows: 1. Any person who knowingly or intentionally violates any provision of or fails to perform any duty imposed pursuant to title 27 of article 27 of this chapter shall
[upon the first finding of such a violation be provided with a warning that future violations shall result in the impo- sition of a fine]BE LIABLE FOR A CIVIL PENALTY. Any person convicted of a [second]FIRST violation shall be liable for a civil penalty not to exceed one hundred dollars. ANY PERSON CONVICTED OF A SECOND VIOLATION SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS. Any person convicted of a third or subsequent violation shall be liable for a civil penalty not to exceed five hundred dollars. S 4. Section 71-2728 of the environmental conservation law is amended by adding a new subdivision 4 to read as follows: 4. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION ONE, TWO OR THREE OF THIS SECTION TO THE CONTRARY, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, SECTION 27-2703 AND SUBDIVISIONS ONE, TWO AND FIVE OF SECTION 27-2705 OF THIS CHAPTER MAY ALSO BE ENFORCED BY AN AGENCY OR AGENCIES DESIGNATED BY THE MAYOR OF SUCH CITY. ANY NOTICE OF VIOLATION ISSUED BY AN AGENCY DESIGNATED BY THE MAYOR OF SUCH CITY CHARGING A VIOLATION OF SECTION 27-2703 OR SUBDIVISION ONE, TWO OR FIVE OF SECTION 27-2705 OF THIS CHAPTER SHALL BE RETURNABLE TO THE ENVIRONMENTAL CONTROL BOARD OF SUCH CITY. SUCH ENVIRONMENTAL CONTROL BOARD SHALL HAVE THE POWER TO IMPOSE A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR THE FIRST VIOLATION, NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR THE SECOND VIOLATION AND NOT TO EXCEED FIVE HUNDRED DOLLARS FOR A THIRD OR SUBSE- QUENT VIOLATION. ALL CIVIL PENALTIES COLLECTED FOR ANY VIOLATION OF TITLE 27 OF ARTICLE 27 OF THIS CHAPTER THAT HAVE BEEN IMPOSED BY THE ENVIRONMENTAL CONTROL BOARD OF SUCH CITY SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY. S 5. This act shall take effect on the sixtieth day after it shall have become a law.