Senate Bill S4641

2017-2018 Legislative Session

Relates to the recycling of plastic bags

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S4641 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-2701, 27-2713 & 71-2728, En Con L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7409
2015-2016: S3329
2019-2020: S2234

2017-S4641 (ACTIVE) - Summary

Relates to the recycling of plastic bags.

2017-S4641 (ACTIVE) - Sponsor Memo

2017-S4641 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4641
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2017
                                ___________
 
 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.
   § 2. Section 27-2713 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2713. Preemption.
   Jurisdiction in all matters pertaining to plastic bag and film plastic
 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 regu-
 lation  promulgated thereto, governing the recycling of plastic bags and
 film plastic shall, upon the effective date of this title, be preempted.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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