Relates to prohibiting the sale or manufacture of certain single-use plastic water bottles and single-use plastic beverage containers

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Aye Nay Get Status Alerts for 2023-S2981 Email Address subscribe Senate Bill S2981 2023-2024 Legislative Session Relates to prohibiting the sale or manufacture of certain single-use plastic water bottles and single-use plastic beverage containers download bill text pdf Share this bill Sponsored By Brian Kavanagh (D) 27th Senate District 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 Please enter your contact information First Name Last Name Email Address A valid email address is required. Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you. Optional services from the NY State Senate: Send me alerts for this bill. I can unsubscribe at any time. 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Actions View Actions Date of Action Assembly Actions - Lowercase Senate Actions - UPPERCASE Jan 03, 2024 referred to environmental conservation Jan 26, 2023 referred to environmental conservation 2023-S2981 (ACTIVE) - Details See Assembly Version of this Bill: A6990 Current Committee: Senate Environmental Conservation Law Section: Environmental Conservation Law Laws Affected: Add Art 27 Title 34 §§27-3401 - 27-3409, En Con L; add §1352-f, Pub Health L Versions Introduced in 2021-2022 Legislative Session: S6719 2023-S2981 (ACTIVE) - Summary Relates to prohibiting the sale or manufacture of single-use plastic water bottles not comprised of one hundred percent recycled material; prohibits the sale of single-use plastic beverage containers comprised of less than seventy-five percent recycled materials; establishes penalties for violations; requires food service establishments to provide customers with tap water, beverages and leftovers in reusable beverage containers provided by a customer. 2023-S2981 (ACTIVE) - Sponsor Memo BILL NUMBER: S2981 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the sale or manufacture of single-use plastic water bottles comprised of less than one hundred percent recycled materials and to prohibiting the sale of single-use plastic beverage containers comprised of less than seventy-five percent recycled materials; and to amend the public health law, in relation to requiring food service establishments to provide tap water, beverages and leftovers to customers in reusable containers, upon request PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit the sale of plastic water bottles made from less than 100% recycled materials and other single-use plastic contain- ers made from less than 75% recycled materials. This bill would also prohibit restaurants from refusing to provide tap water, beverages, and leftover food upon request in a reusable container supplied by the customer, rather than a disposable or single-use container supplied by the restaurant, provided the container is suitable. SUMMARY OF PROVISIONS: Section one of the bill adds Title 32 to the environmental conservation law regarding with plastic water bottles and beverage containers. Section 27-3201 mandates the commissioner of health conduct an infras- tructure assessment studying the usage of single use plastic water bottles and the availability of public drinking water filling stations in the state. Section 27-3203 prohibits the use of state funds for single-use plastic water bottles starting one year after the bill takes effect. Section 27-3205 provides that beginning five years from the effective date, no person, firm, association, LLC or corporation shall manufac- ture, sell or offer for sale any single use plastic water bottle comprised of less than 100% recycled material to any person in the state. Section 27-3007 provides that beginning five years from the effective date, no deposit initiator, distributor or dealer shall sell or offer for sale, at wholesale or retail in New York, any single-use plastic beverage container that is comprised of less than 75% recycled materi- als. Section 27-3009 provides for the enforcement of provisions of parts 3005 and 3007 of this section. This section enumerates a schedule of fines for subsequent violations. This section also provides for a one year 'grace period' where a first violation will be issued as a warning. Section two of the bill amends the public health law by adding a new Section 1352-f. Section 1352-f of the public health law would require food service establishments to serve tap water, beverages, and leftover food upon request to a customer with a reusable container provided by the costum- er, as opposed to a disposable or single-use container provided by the restaurant. The food and beverage containers must be appropriate for serving based on size, cleanliness, material, or other factors. Section three of the bill sets forth the effective date. JUSTIFICATION: In the United States, only 9% of single use plastic containers are ever recycled. This legislation addresses this problem by creating a new market for recycled materials while at the same time requiring that the bottles we use are created more sustainably. Approximately 8% of global petroleum emissions come from plastic production; by reducing the need for plastic production, this legislation will curtail emissions and create new business opportunities for New Yorkers. Further, more than 1 million single use plastic water bottles are bought every minute. This proliferation of single-use plastic water bottles continues to degrade the quality of New York's environment. Nationwide, more than 77% of plastic water bottles are never recycled, which is especially troubling given that plastic water bottles can take between 450-1000 years to dissolve completely. The production of plastic water bottles alone requires 17 million barrels of oil each year globally, releasing 2.5 million tons of carbon dioxide each year. This cycle caus- es plastic production to account for about 8% of petroleum emissions. This legislation also recognizes that the availability of water for sale is not the same thing as accessibility to water by mandating any food establishment provide free tap water on request. This provides the compound benefit of reducing New York's plastic consumption while enabl- ing New Yorkers to more easily choose water over sugary drinks. New York's ambitious climate goals must take plastic production and pollution into account, this bill sets bold standards to dramatically curb our plastic pollution output. PRIOR LEGISLATIVE HISTORY: 2021-2022: S6719 (Kavanagh) - ENVIRONMENTAL CONSERVATION FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law. View More (89 Lines) 2023-S2981 (ACTIVE) - Bill Text download pdf S T A T E O F N E W Y O R K ________________________________________________________________________ 2981 2023-2024 Regular Sessions I N S E N A T E January 26, 2023 ___________ Introduced by Sen. KAVANAGH -- 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 prohibiting the sale or manufacture of single-use plastic water bottles comprised of less than one hundred percent recycled materials and to prohibiting the sale of single-use plastic beverage containers comprised of less than seventy-five percent recycled materials; and to amend the public health law, in relation to requiring food service establishments to provide tap water, beverages and leftovers to customers in reusable containers, upon request THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 27 of the environmental conservation law is amended by adding a new title 34 to read as follows: TITLE 34 PLASTIC WATER BOTTLES AND BEVERAGE CONTAINERS SECTION 27-3401. INFRASTRUCTURE ASSESSMENT. 27-3403. STATE FUNDS FOR SINGLE-USE PLASTIC WATER BOTTLES. 27-3405. SINGLE-USE PLASTIC WATER BOTTLES COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIAL. 27-3407. OTHER SINGLE-USE PLASTIC BEVERAGE CONTAINERS COMPRISED OF SEVENTY-FIVE PERCENT RECYCLED MATERIALS. 27-3409. ENFORCEMENT. § 27-3401. INFRASTRUCTURE ASSESSMENT. 1. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, IS HEREBY AUTHORIZED AND DIRECTED TO CONDUCT A STUDY RELATING TO SINGLE-USE PLASTIC WATER BOTTLES, INCLUDING BUT NOT LIMITED TO: (A) THE AVAILABILITY AND DISTRIBUTION OF PUBLIC DRINKING WATER FILLING STATIONS AND WATER FOUNTAINS ACROSS THE STATE; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07234-01-3 S. 2981 2 (B) THE ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS OF SINGLE-USE PLASTIC BOTTLED WATER IN NEW YORK STATE, INCLUDING ENVIRONMENTAL JUSTICE IMPACTS. 2. THE COMMISSIONER SHALL SUBMIT A REPORT INCLUDING RECOMMENDATIONS AND FINDINGS BASED ON THIS STUDY TO THE GOVERNOR, THE TEMPORARY PRESI- DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF THE SENATE AND ASSEMBLY STANDING COMMITTEES ON HEALTH AND THE CHAIRS OF THE SENATE AND ASSEMBLY STANDING COMMITTEES ON ENVIRONMENTAL CONSERVATION NO LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION. § 27-3403. STATE FUNDS FOR SINGLE-USE PLASTIC WATER BOTTLES. BEGINNING ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION, THE USE OF STATE FUNDS FOR THE PURCHASE OF SINGLE-USE PLASTIC WATER BOTTLES SHALL BE PROHIBITED. WATER BOTTLES, INCLUDING THOSE COMPRISED OF LESS THAN ONE HUNDRED PERCENT RECYCLED MATERIAL, MAY BE PURCHASED WHEN: 1. NECESSARY TO ADDRESS HEALTH REQUIREMENTS UNDER THE FOLLOWING EMER- GENCIES: (A) A STATE OF EMERGENCY HAS BEEN DECLARED; (B) A BOIL WATER ADVISORY HAS BEEN ISSUED; (C) ACCESS TO DRINKING WATER IS BEING IMPEDED DUE TO A FAILURE OF RELATED INFRASTRUCTURE OR AN ONGOING WATER INFRASTRUCTURE IMPROVEMENT PROJECT; (D) A WATER UTILITY HAS REPORTED EMERGENCY CONDITIONS OR OTHER PUBLIC HEALTH HAZARDS; OR (E) THERE HAS BEEN AN EXCEEDANCE OF A MAXIMUM CONTAMINANT LEVEL OR ADVISORY LEVEL FOR A CONTAMINANT OR AN EMERGING CONTAMINANT; AND 2. COMPLIANCE WITH THIS TITLE WOULD CONFLICT WITH CONTRACT REQUIRE- MENTS IN EXISTENCE AS OF THE EFFECTIVE DATE OF THIS TITLE. § 27-3405. SINGLE-USE PLASTIC WATER BOTTLES COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIAL. 1. BEGINNING FIVE YEARS FROM THE EFFECTIVE DATE OF THIS SECTION, NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL MANUFACTURE, SELL, OR OFFER FOR SALE ANY SINGLE-USE PLASTIC WATER BOTTLES TO ANY PERSON IN THE STATE UNLESS SUCH WATER BOTTLES ARE COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIALS. 2. A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION WHICH MANUFACTURES OR SELLS SINGLE-USE PLASTIC WATER BOTTLES MAY APPLY TO THE DEPARTMENT FOR A ONE-YEAR WAIVER FROM THE REQUIREMENTS OF THIS SECTION, UPON SUCH PROOF THAT SUCH PERSON OR ENTITY IS UNABLE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION. THEREAFTER, SUCH PERSON OR ENTITY MAY APPLY FOR ADDITIONAL ONE-YEAR WAIVERS UPON THE SATISFACTION OF SUCH SIMILAR PROOF. 3. THE REQUIREMENTS OF THIS SECTION SHALL BE SUSPENDED IN ANY COUNTY, CITY, TOWN OR VILLAGE WHERE: (A) A STATE OF EMERGENCY HAS BEEN DECLARED; (B) A BOIL WATER ADVISORY HAS BEEN ISSUED; (C) ACCESS TO DRINKING WATER IS BEING IMPEDED DUE TO A FAILURE OF RELATED INFRASTRUCTURE OR AN ONGOING WATER INFRASTRUCTURE IMPROVEMENT PROJECT; (D) A WATER UTILITY HAS REPORTED EMERGENCY CONDITIONS OR OTHER PUBLIC HEALTH HAZARDS; OR (E) THERE HAS BEEN AN EXCEEDANCE OF A MAXIMUM CONTAMINANT LEVEL OR ADVISORY LEVEL FOR A CONTAMINANT OR AN EMERGING CONTAMINANT. § 27-3407. OTHER SINGLE-USE PLASTIC BEVERAGE CONTAINERS COMPRISED OF SEVENTY-FIVE PERCENT RECYCLED MATERIALS. 1. BEGINNING FIVE YEARS FROM THE EFFECTIVE DATE OF THIS SECTION, NO DEPOSIT INITIATOR, DISTRIBUTOR OR DEALER SHALL SELL OR OFFER FOR SALE, S. 2981 3 AT WHOLESALE OR RETAIL IN THIS STATE, ANY SINGLE-USE PLASTIC BEVERAGE CONTAINER THAT IS COMPRISED OF LESS THAN SEVENTY-FIVE PERCENT RECYCLED MATERIALS. 2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW- ING MEANINGS: (A) "SINGLE-USE PLASTIC BEVERAGE CONTAINER" SHALL MEAN ANY INDIVIDUAL BOTTLE, CAN, JAR, CARTON OR OTHER CONTAINER THAT IS COMPRISED WHOLLY OR IN LARGE PART OF PLASTIC AND IS INTENDED TO BE DISPOSED OF AFTER ONE USE. (B) "RECYCLED MATERIALS" SHALL MEAN ANY PRODUCT WHICH HAS BEEN MANU- FACTURED FROM SECONDARY MATERIALS, AS DEFINED IN SECTION 27-0401 OF THIS ARTICLE. § 27-3409. ENFORCEMENT. ANY PERSON OR ENTITY WHO VIOLATES SECTION 27-3405 OR SECTION 27-3407 OF THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF ONE HUNDRED DOLLARS FOR THE FIRST VIOLATION, TWO HUNDRED DOLLARS FOR THE SECOND VIOLATION COMMITTED ON A DIFFERENT DAY WITHIN A PERIOD OF TWELVE MONTHS, AND FOUR HUNDRED DOLLARS FOR THE THIRD AND EACH SUBSEQUENT VIOLATION COMMITTED ON DIFFERENT DAYS WITHIN A PERIOD OF TWELVE MONTHS, EXCEPT THAT THE DEPARTMENT SHALL NOT ISSUE A NOTICE OF VIOLATION, BUT SHALL ISSUE A WARNING AND PROVIDE INFORMATION ON COMPLIANCE WITH THIS TITLE. § 2. The public health law is amended by adding a new section 1352-f to read as follows: § 1352-F. REUSABLE BEVERAGE AND FOOD CONTAINERS PROVIDED BY CUSTOMERS. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "FOOD SERVICE ESTABLISHMENT" SHALL MEAN A PUBLIC PLACE ENGAGED IN THE PREPARATION AND SERVICE ON THE PREMISES OF FOOD AND TO THE GENERAL PUBLIC. (B) "REUSABLE BEVERAGE CONTAINER" SHALL MEAN A BOTTLE, MUG, CUP OR OTHER CONTAINER THAT IS DESIGNED AND MANUFACTURED TO HOLD BEVERAGES AND IS CAPABLE OF MULTIPLE REUSE. (C) "SINGLE-USE" SHALL MEAN A PRODUCT THAT IS DESIGNED AND INTENDED TO BE USED ONLY FOR DRINKING OR EATING, AND IS GENERALLY RECOGNIZED BY THE PUBLIC AS AN ITEM THAT IS TO BE DISCARDED AFTER ONE USE. (D) "DISPOSABLE FOOD SERVICE CONTAINER" SHALL MEAN ALL CONTAINERS, BOWLS, PLATES, TRAYS, CARTONS, CUPS, LIDS AND OTHER ITEMS THAT ARE DESIGNED OR GENERALLY RECOGNIZED BY THE PUBLIC AS BEING DESIGNED FOR SINGLE-USE TO HOLD, CONTAIN, OR TRANSPORT FOODS, INCLUDING BUT NOT LIMITED TO, CONTAINERS FOR LEFTOVERS FROM PARTIALLY CONSUMED MEALS PREPARED BY FOOD SERVICE ESTABLISHMENTS. THE TERM "DISPOSABLE FOOD SERVICE CONTAINER" SHALL NOT INCLUDE ITEMS COMPOSED ENTIRELY OF ALUMINUM OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE INTENDED FOR REUSE. (E) "REUSABLE FOOD CONTAINER" SHALL MEAN ALL CONTAINERS, BOWLS, PLATES, TRAYS, CARTONS, CUPS, LIDS AND OTHER ITEMS THAT ARE DESIGNED AND MANUFACTURED TO HOLD FOOD AND ARE CAPABLE OF MULTIPLE REUSE. 2. REQUIREMENTS. (A) ALL FOOD SERVICE ESTABLISHMENTS IN THE STATE SHALL SERVE TAP WATER TO CUSTOMERS, UPON REQUEST, IN A REUSABLE BEVERAGE CONTAINER PROVIDED BY THE CUSTOMER; PROVIDED THAT: (I) SUCH REUSABLE BEVERAGE CONTAINER IS CAPABLE OF AND APPROPRIATE FOR SERVING SUCH TAP WATER, AS DETERMINED BASED ON THE SIZE, CLEANLINESS, MATERIAL, AND ANY OTHER RELEVANT FACTORS, OF THE REUSABLE BEVERAGE CONTAINER; AND S. 2981 4 (II) SUCH TAP WATER SHALL BE DISPENSED IN A MANNER THAT PREVENTS CONTACT WITH, OR CONTAMINATION OF, THE FOOD-CONTACT SURFACES OF THE BEVERAGE DISPENSING EQUIPMENT. (B) ANY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES BEVERAGES TO CUSTOMERS IN SINGLE-USE CONTAINERS SHALL NOT REFUSE THE REQUEST OF A CUSTOMER WHO HAS ORDERED A BEVERAGE TO SERVE SUCH BEVERAGE IN A REUSABLE BEVERAGE CONTAINER PROVIDED BY THE CUSTOMER IN SUBSTITUTION FOR THE SINGLE-USE CONTAINER PROVIDED BY THE FOOD SERVICE ESTABLISHMENT, PROVIDED THAT: (I) SUCH REUSABLE BEVERAGE CONTAINER IS CAPABLE OF AND APPROPRIATE FOR SERVING SUCH BEVERAGE, AS DETERMINED BASED ON THE SIZE, CLEANLINESS, MATERIAL, AND ANY OTHER RELEVANT FACTORS, OF THE REUSABLE BEVERAGE CONTAINER; AND (II) SUCH BEVERAGE SHALL BE DISPENSED IN A MANNER THAT PREVENTS CONTACT WITH, OR CONTAMINATION OF, THE FOOD-CONTACT SURFACES OF THE BEVERAGE DISPENSING EQUIPMENT. (C) ANY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES FOOD TO CUSTOMERS IN DISPOSABLE FOOD SERVICE CONTAINERS SHALL NOT REFUSE THE REQUEST OF A CUSTOMER WHO HAS LEFTOVERS FROM PARTIALLY CONSUMED MEALS TO PACKAGE SUCH LEFTOVERS IN A REUSABLE FOOD CONTAINER PROVIDED BY THE CUSTOMER IN SUBSTITUTION FOR THE DISPOSABLE FOOD CONTAINER PROVIDED BY THE FOOD SERVICE ESTABLISHMENT, PROVIDED THAT: (I) SUCH REUSABLE FOOD CONTAINER IS CAPABLE OF AND APPROPRIATE FOR PACKAGING SUCH LEFTOVERS, AS DETERMINED BASED ON THE SIZE, CLEANLINESS, MATERIAL, AND ANY OTHER RELEVANT FACTORS, OF THE REUSABLE FOOD CONTAIN- ER; AND (II) SUCH LEFTOVERS SHALL BE PACKAGED IN A MANNER THAT PREVENTS CONTACT WITH, OR CONTAMINATION OF, THE FOOD-CONTACT SURFACES OF THE FOOD SERVING EQUIPMENT. 3. NOTIFICATION. (A) EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE SHALL CONSPICUOUSLY POST SIGNAGE INFORMING CUSTOMERS THAT THEY ARE PERMITTED TO REQUEST TAP WATER IN THEIR OWN REUSABLE BEVERAGE CONTAIN- ERS. (B) EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES BEVERAG- ES TO CUSTOMERS IN SINGLE-USE CONTAINERS SHALL CONSPICUOUSLY POST SIGNAGE INFORMING CUSTOMERS THAT THEY ARE PERMITTED TO REQUEST THE SERVICE OF BEVERAGES IN THEIR OWN REUSABLE BEVERAGE CONTAINERS. (C) EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES FOOD TO CUSTOMERS IN DISPOSABLE FOOD SERVICE CONTAINERS SHALL CONSPICUOUSLY POST SIGNAGE INFORMING CUSTOMERS THAT THEY ARE PERMITTED TO REQUEST THE PACK- AGING OF LEFTOVERS FROM PARTIALLY CONSUMED MEALS IN THEIR OWN REUSABLE FOOD CONTAINERS. § 3. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. View More (160 Lines) Comments Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged. 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