Bill Text: NY A01119 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires the operator of a store to post signs regarding reusable bags.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A01119 Detail]

Download: New_York-2011-A01119-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1119
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. SCHIMEL -- Multi-Sponsored by -- M. of A. COLTON,
         GLICK,  GOTTFRIED,  KELLNER,  McDONOUGH,  WEISENBERG  -- read once and
         referred to the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation to recy-
         cling program requirements; requires store  operators  to  post  signs
         regarding reusable bags
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 27-2705 of the environmental conservation  law,  as
    2  added by chapter 641 of the laws of 2008, is amended to read as follows:
    3  S 27-2705. Recycling program requirements.
    4    An  at-store  recycling  program  provided  by the operator of a store
    5  shall require:
    6    1. a plastic carryout bag provided by the store  to  have  printed  or
    7  displayed  on  the  bag,  in  a  manner visible to a consumer, the words
    8  "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
    9  er, such store shall be allowed for one year from the effective date  of
   10  this  subdivision  to use its existing stock of plastic carryout bags. A
   11  store may also apply to the commissioner for approval of an  alternative
   12  plastic  bag recycling message. The commissioner shall approve or reject
   13  the proposed message within forty-five days;
   14    2. a plastic carryout bag  collection  bin  that  is  visible,  easily
   15  accessible  to  the consumer, and clearly marked that the collection bin
   16  is available for the purpose of collecting and recycling plastic  carry-
   17  out  bags. This subdivision shall apply to stores not within an enclosed
   18  shopping mall and stores of at least fifty thousand square  feet  within
   19  an enclosed shopping mall. In the case of an enclosed shopping mall, the
   20  owner  of  the  enclosed  mall  shall place bins at reasonable intervals
   21  throughout the enclosed mall area;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01529-01-1
       A. 1119                             2
    1    3. all plastic carryout bags collected by the store to  be  collected,
    2  transported  and  recycled along with any other in-store plastic recycl-
    3  ing, except for plastic bags that are not sufficiently free  of  foreign
    4  material  to enter the recycling stream. Plastic carryout bags collected
    5  by  the  store  or the manufacturer, which are free of foreign material,
    6  shall not be disposed of in any solid waste disposal facility  permitted
    7  or authorized pursuant to title seven of this article;
    8    4.  the  store or its agent to maintain, for a minimum of three years,
    9  records describing the collection, transport and  recycling  of  plastic
   10  carryout  bags  collected by weight, provided however that stores or its
   11  agents may weigh such bags and any other in-store plastic recycling at a
   12  regional collection center. Such records shall be made available to  the
   13  department  upon  request,  to  demonstrate  compliance with this title;
   14  [and]
   15    5. the operator of the store to (a) make reusable  bags  available  to
   16  customers  within the store for purchase, and (b) permit a reuseable bag
   17  to be used in lieu of a plastic carryout bag or paper bag[.]; AND
   18    6.  THE CONSPICUOUS POSTING OF SIGNS,  NO  SMALLER  THAN  FOUR  SQUARE
   19  FEET, THAT HAVE PRINTED OR DISPLAYED ON THE SIGN THE WORDS "DON'T FORGET
   20  YOUR  REUSABLE  TOTE  BAG". THE OPERATOR OF THE STORE IS RESPONSIBLE FOR
   21  POSTING AT LEAST ONE SUCH SIGN AT EACH ENTRANCE OF THE STORE OPEN TO THE
   22  PUBLIC. THE OWNER OF ANY  PARKING  AREAS,  AS  DEFINED  BY  SECTION  ONE
   23  HUNDRED  TWENTY-NINE-A  OF THE VEHICLE AND TRAFFIC LAW, OR PARKING LOTS,
   24  AS DEFINED BY SECTION ONE HUNDRED TWENTY-NINE-B OF THE VEHICLE AND TRAF-
   25  FIC LAW, THAT ARE PROVIDED IN CONNECTION WITH THE PREMISES OF THE STORE,
   26  SHALL BE RESPONSIBLE FOR POSTING SUCH SIGNS THROUGHOUT THE PARKING  AREA
   27  OR  PARKING LOT OF THE STORE. IN THE CASE OF A STORE WITH A PARKING AREA
   28  OR PARKING LOT OF TEN THOUSAND SQUARE FEET OR LESS, NO  LESS  THAN  FIVE
   29  SIGNS  SHALL  BE  POSTED.  IN THE CASE OF A STORE WITH A PARKING AREA OR
   30  PARKING LOT GREATER THAN TEN THOUSAND SQUARE FEET,  NO  FEWER  THAN  SIX
   31  SIGNS  SHALL  BE  POSTED,    AND ONE ADDITIONAL SIGN SHALL BE POSTED FOR
   32  EVERY ADDITIONAL ONE THOUSAND SQUARE FEET. THIS SUBDIVISION SHALL  APPLY
   33  TO  STORES  WITHOUT REGARD AS TO WHETHER THE STORE IS WITHIN AN ENCLOSED
   34  SHOPPING MALL.
   35    S 2. This act shall take effect immediately.