Add Art 27 Title 34 27-3401 - 27-3409, En Con L; add 1352-f, Pub Health L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6990
SPONSOR: Fahy 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 pf 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 custom-
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:
This is a new bill.
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.
STATE OF NEW YORK
________________________________________________________________________
6990
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. FAHY -- read once and referred 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:
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 PLASTIC WATER BOTTLES AND BEVERAGE CONTAINERS
5 Section 27-3401. Infrastructure assessment.
6 27-3403. State funds for single-use plastic water bottles.
7 27-3405. Single-use plastic water bottles comprised of one
8 hundred percent recycled material.
9 27-3407. Other single-use plastic beverage containers comprised
10 of seventy-five percent recycled materials.
11 27-3409. Enforcement.
12 § 27-3401. Infrastructure assessment.
13 1. The commissioner, in consultation with the commissioner of health,
14 is hereby authorized and directed to conduct a study relating to
15 single-use plastic water bottles, including but not limited to:
16 (a) the availability and distribution of public drinking water filling
17 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
A. 6990 2
1 (b) the environmental and public health impacts of single-use plastic
2 bottled water in New York state, including environmental justice
3 impacts.
4 2. The commissioner shall submit a report including recommendations
5 and findings based on this study to the governor, the temporary presi-
6 dent of the senate, the speaker of the assembly and the chairs of the
7 senate and assembly standing committees on health and the chairs of the
8 senate and assembly standing committees on environmental conservation no
9 later than one year from the effective date of this section.
10 § 27-3403. State funds for single-use plastic water bottles.
11 Beginning one year from the effective date of this section, the use of
12 state funds for the purchase of single-use plastic water bottles shall
13 be prohibited. Water bottles, including those comprised of less than
14 one hundred percent recycled material, may be purchased when:
15 1. necessary to address health requirements under the following emer-
16 gencies:
17 (a) a state of emergency has been declared;
18 (b) a boil water advisory has been issued;
19 (c) access to drinking water is being impeded due to a failure of
20 related infrastructure or an ongoing water infrastructure improvement
21 project;
22 (d) a water utility has reported emergency conditions or other public
23 health hazards; or
24 (e) there has been an exceedance of a maximum contaminant level or
25 advisory level for a contaminant or an emerging contaminant; and
26 2. compliance with this title would conflict with contract require-
27 ments in existence as of the effective date of this title.
28 § 27-3405. Single-use plastic water bottles comprised of one hundred
29 percent recycled material.
30 1. Beginning five years from the effective date of this section, no
31 person, firm, partnership, association, limited liability company or
32 corporation shall manufacture, sell, or offer for sale any single-use
33 plastic water bottles to any person in the state unless such water
34 bottles are comprised of one hundred percent recycled materials.
35 2. A person, firm, partnership, association, limited liability company
36 or corporation which manufactures or sells single-use plastic water
37 bottles may apply to the department for a one-year waiver from the
38 requirements of this section, upon such proof that such person or entity
39 is unable to comply with the requirements of this section. Thereafter,
40 such person or entity may apply for additional one-year waivers upon the
41 satisfaction of such similar proof.
42 3. The requirements of this section shall be suspended in any county,
43 city, town or village where:
44 (a) a state of emergency has been declared;
45 (b) a boil water advisory has been issued;
46 (c) access to drinking water is being impeded due to a failure of
47 related infrastructure or an ongoing water infrastructure improvement
48 project;
49 (d) a water utility has reported emergency conditions or other public
50 health hazards; or
51 (e) there has been an exceedance of a maximum contaminant level or
52 advisory level for a contaminant or an emerging contaminant.
53 § 27-3407. Other single-use plastic beverage containers comprised of
54 seventy-five percent recycled materials.
55 1. Beginning five years from the effective date of this section, no
56 deposit initiator, distributor or dealer shall sell or offer for sale,
A. 6990 3
1 at wholesale or retail in this state, any single-use plastic beverage
2 container that is comprised of less than seventy-five percent recycled
3 materials.
4 2. As used in this section, the following terms shall have the follow-
5 ing meanings:
6 (a) "single-use plastic beverage container" shall mean any individual
7 bottle, can, jar, carton or other container that is comprised wholly or
8 in large part of plastic and is intended to be disposed of after one
9 use.
10 (b) "recycled materials" shall mean any product which has been manu-
11 factured from secondary materials, as defined in section 27-0401 of this
12 article.
13 § 27-3409. Enforcement.
14 Any person or entity who violates section 27-3405 or section 27-3407
15 of this title shall be liable for a civil penalty in the amount of one
16 hundred dollars for the first violation, two hundred dollars for the
17 second violation committed on a different day within a period of twelve
18 months, and four hundred dollars for the third and each subsequent
19 violation committed on different days within a period of twelve months,
20 except that the department shall not issue a notice of violation, but
21 shall issue a warning and provide information on compliance with this
22 title.
23 § 2. The public health law is amended by adding a new section 1352-f
24 to read as follows:
25 § 1352-f. Reusable beverage and food containers provided by customers.
26 1. Definitions. For purposes of this section, the following terms shall
27 have the following meanings:
28 (a) "food service establishment" shall mean a public place engaged in
29 the preparation and service on the premises of food and to the general
30 public.
31 (b) "reusable beverage container" shall mean a bottle, mug, cup or
32 other container that is designed and manufactured to hold beverages and
33 is capable of multiple reuse.
34 (c) "single-use" shall mean a product that is designed and intended to
35 be used only for drinking or eating, and is generally recognized by the
36 public as an item that is to be discarded after one use.
37 (d) "disposable food service container" shall mean all containers,
38 bowls, plates, trays, cartons, cups, lids and other items that are
39 designed or generally recognized by the public as being designed for
40 single-use to hold, contain, or transport foods, including but not
41 limited to, containers for leftovers from partially consumed meals
42 prepared by food service establishments. The term "disposable food
43 service container" shall not include items composed entirely of aluminum
44 or polystyrene foam coolers and ice chests that are intended for reuse.
45 (e) "reusable food container" shall mean all containers, bowls,
46 plates, trays, cartons, cups, lids and other items that are designed and
47 manufactured to hold food and are capable of multiple reuse.
48 2. Requirements. (a) All food service establishments in the state
49 shall serve tap water to customers, upon request, in a reusable beverage
50 container provided by the customer; provided that:
51 (i) such reusable beverage container is capable of and appropriate for
52 serving such tap water, as determined based on the size, cleanliness,
53 material, and any other relevant factors, of the reusable beverage
54 container; and
A. 6990 4
1 (ii) such tap water shall be dispensed in a manner that prevents
2 contact with, or contamination of, the food-contact surfaces of the
3 beverage dispensing equipment.
4 (b) Any food service establishment in the state that serves beverages
5 to customers in single-use containers shall not refuse the request of a
6 customer who has ordered a beverage to serve such beverage in a reusable
7 beverage container provided by the customer in substitution for the
8 single-use container provided by the food service establishment,
9 provided that:
10 (i) such reusable beverage container is capable of and appropriate for
11 serving such beverage, as determined based on the size, cleanliness,
12 material, and any other relevant factors, of the reusable beverage
13 container; and
14 (ii) such beverage shall be dispensed in a manner that prevents
15 contact with, or contamination of, the food-contact surfaces of the
16 beverage dispensing equipment.
17 (c) Any food service establishment in the state that serves food to
18 customers in disposable food service containers shall not refuse the
19 request of a customer who has leftovers from partially consumed meals to
20 package such leftovers in a reusable food container provided by the
21 customer in substitution for the disposable food container provided by
22 the food service establishment, provided that:
23 (i) such reusable food container is capable of and appropriate for
24 packaging such leftovers, as determined based on the size, cleanliness,
25 material, and any other relevant factors, of the reusable food contain-
26 er; and (ii) such leftovers shall be packaged in a manner that prevents
27 contact with, or contamination of, the food-contact surfaces of the food
28 serving equipment.
29 3. Notification. (a) Every food service establishment in the state
30 shall conspicuously post signage informing customers that they are
31 permitted to request tap water in their own reusable beverage contain-
32 ers.
33 (b) Every food service establishment in the state that serves beverag-
34 es to customers in single-use containers shall conspicuously post
35 signage informing customers that they are permitted to request the
36 service of beverages in their own reusable beverage containers.
37 (c) Every food service establishment in the state that serves food to
38 customers in disposable food service containers shall conspicuously post
39 signage informing customers that they are permitted to request the pack-
40 aging of leftovers from partially consumed meals in their own reusable
41 food containers.
42 § 3. This act shall take effect on the first of January next succeed-
43 ing the date on which it shall have become a law.
