NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5560
SPONSOR: Brown K TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
sale of composting bags
PURPOSE:
Relates to the sale of composting bag.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 1. Article 27 of the environmental conservation law
is amended by adding a new title 34 Regulation of composting bags:
definitions, regulation of the sales of composting bags, violations and
regulation.
Section 2: Identifies effective date.
JUSTIFICATION:
Paper bags are more environmentally friendly than using plastic bags and
are 100% biodegradable. "Leaf and Lawn" bags are intended to hold
compostable materials and it would make sense for the bag itself to also
be compostable. Composting yard waste reduces greenhouse gas emissions
from organic waste breaking down, and creates nutrient rich, natural
soil amendment. Yard waste accounts for nearly a fifth of all garbage in
the United States each year. Ensuring that the composting bags sold in
New York State are made from paper will add in natural decomposition of
yard waste materials. This bill would require that every composting bag
offered for sale or sold by a retailer in this state shall be made from
paper.
LEGISLATIVE HISTORY:
2021-22: A.10386
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect January 1, 2025.
STATE OF NEW YORK
________________________________________________________________________
5560
2023-2024 Regular Sessions
IN ASSEMBLY
March 16, 2023
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
sale of composting bags
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 27 of the environmental conservation law is amended
2 by adding a new title 34 to read as follows:
3 TITLE 34
4 REGULATION OF COMPOSTING BAGS
5 Section 27-3401. Definitions.
6 27-3403. Regulation of the sale of composting bags.
7 27-3405. Violations.
8 27-3407. Regulations.
9 § 27-3401. Definitions.
10 As used in this title:
11 1. "Manufacturer" shall mean any person, firm, association, partner-
12 ship, or corporation, which makes plastic trash bags to be used in the
13 disposal of waste.
14 2. "Composting bag" shall mean a bag intended to hold, store, or
15 transport compost materials, including but not limited to composting
16 bags, yard bags, and leaf bags.
17 3. "Compost materials" shall mean leaves, grass clippings, garden
18 debris, vegetative residue that is recognizable as part of a plant or
19 vegetable, small or chipped branches, and similar material.
20 4. "Retailer" shall mean any person, firm or corporation that engages
21 in the sale of composting bags.
22 § 27-3403. Regulation of the sale of composting bags.
23 Every composting bag offered for sale or sold by a retailer in this
24 state shall be made from paper.
25 § 27-3405. Violations.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06709-01-3
A. 5560 2
1 1. Any retailer found to be in violation of this title shall receive a
2 warning notice for the first violation. Any retailer found to subse-
3 quently be in violation of this title shall be subject to a penalty of
4 five hundred dollars per violation.
5 2. Any manufacturer found in violation of this title shall be subject
6 to a penalty of five hundred dollars per violation.
7 § 27-3407. Regulations.
8 The department is authorized to promulgate any rules and regulations
9 necessary to implement the provisions of this title.
10 § 2. This act shall take effect January 1, 2025.
