Bill Text: NY A01199 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to prohibiting the distribution of plastic garment bags; provides that retailers may use and manufacturers may sell their current inventory of plastic garment bags until such bags are out of stock.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A01199 Detail]

Download: New_York-2023-A01199-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1199

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting the distribution of plastic garment bags

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1 and 4 of section  27-2801  of  the  environ-
     2  mental  conservation  law, as added by section 2 of part H of chapter 58
     3  of the laws of 2019, are amended to read as follows:
     4    1. "Exempt bag" means a bag:  (a)  used  solely  to  contain  or  wrap
     5  uncooked  meat,  fish, or poultry; (b) bags used by a customer solely to
     6  package bulk items such as fruits, vegetables,  grains,  or  candy;  (c)
     7  bags  used  solely to contain food sliced or prepared to order; (d) bags
     8  used solely to contain a newspaper for delivery  to  a  subscriber;  (e)
     9  bags  sold  in  bulk to a consumer at the point of sale; (f) trash bags;
    10  (g) food storage bags; (h) [garment bags; (i)] bags prepackaged for sale
    11  to a customer; [(j)] (i) plastic carryout bags provided by a restaurant,
    12  tavern or similar food service establishment, as defined  in  the  state
    13  sanitary  code,  to carryout or deliver food; or [(k)] (j) bags provided
    14  by a pharmacy to carry prescription drugs.
    15    4. "Reusable bag" means a bag: (a) made  of  cloth  or  other  machine
    16  washable fabric [that has] with or without handles; or (b) a durable bag
    17  with  or  without handles that is specifically designed and manufactured
    18  for multiple reuse.
    19    § 2. Subdivision 1 of section 27-2803 of the  environmental  conserva-
    20  tion  law,  as added by section 2 of part H of chapter 58 of the laws of
    21  2019, is amended to read as follows:
    22    1. No person required to collect  tax  shall  distribute  any  plastic
    23  carryout  bags  to  its  customers  unless  such bags are exempt bags as
    24  defined in subdivision one of section 27-2801 of this  title;  provided,
    25  however,  after  the  effective  date  of the chapter of the laws of two

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03576-01-3
        A. 1199                             2

     1  thousand twenty-three that amended this subdivision, a retailer may  use
     2  and  a  manufacturer  may  sell its current inventory of plastic garment
     3  bags until such bags are out of stock.  No  retailer  shall  import  any
     4  plastic garment bag from out of state.
     5    §  3. This act shall take effect on the first of January next succeed-
     6  ing the date on which it shall have become a law. Effective immediately,
     7  the addition, amendment and/or repeal of any rule or  regulation  neces-
     8  sary  for  the  implementation  of  this  act  on its effective date are
     9  authorized to be made and completed on or before such effective date.