NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9890
SPONSOR: Burgos TITLE OF BILL:
An act to amend the general business law, in relation to allowing
certain reusable beverage containers in sports venues
PURPOSE OR GENERAL IDEA OF BILL:
To allow patrons at sports venues to use their own reusable beverage
containers which will reduce the use of plastic.
SUMMARY OF PROVISIONS:
Section one of the bill adds a new section 391-r to the general business
law. Paragraph one of new 391-r defines (a) "reusable beverage contain-
er" as a drinking vessel that is composed primarily of aluminum or
stainless steel, and is designed and manufactured to be capable of
multiple reuses, including a bottle or cup; and (b) "sports venue" as a
building, structure, or place in which professional or collegiate sport-
ing competitions are held. Paragraph two of new 391-r states that a
sports venue shall not prohibit an attending individual from bringing a
reusable beverage container into the sports venue and includes language
allowing the venue to require the container to be empty upon entering
and allowing the venue to restrict the container size to no more than
twenty-four fluid ounces. Paragraph 3 of new 391-r establishes that a
sports venue that violates this section or any related rule shall be
liable for a civil penalty.
Section 2 is the effective date.
JUSTIFICATION:
Reducing the use of single use plastic bottles will benefit our environ-
ment and our health.
A July 2023 article in cleanwater.orgl describes some of the negative
impacts on our health caused by single use plastic bottles. It sites a
study' conducted by the chemistry department of the State University of
New York at Fredonia which shows that 93% of the plastic bottled water
tested contained harmful chemicals and microplastics. Only 17 out of 259
samples contained no microplastics while one bottle of Nesle Pure life
had concentrations as high as 10,000 plastic pieces per liter. The
National Institute of Healthm has linked the presence of BPA (Biphenyl
A) to diabetes, obesity, fertility problems, behavior problems and early
puberty in girls due to being an estrogen mimicking. chemical.
Billions of single-use plastic bottles are produced every year and only
a small percentage of them are recycled. The United States alone uses
nearly 50 million plastic water bottles each year. Most of these end of
in waterways and landfills and are a major contributor to stormwater
pollution and negative environmental effects. Plastic bottles are one of
the top littered items in the oceans and waterways. It is estimated that
only 23% of the plastic water bottles purchased in the US are recycled.
Encouraging the use of reusable water bottles will help improve our
environment by cutting down on waste and litter and it will help improve
our health by reducing exposure to chemicals with detrimental impacts on
our health. Additionally, using reusable water bottles encourages us to
drink more water and it saves us money - it's estimated that a $20 reus-
able water bottle saves each person $6,180 in five years.
New York City has enacted a lawn' requiring sports venues to allow
attendees to enter the venue with a reusable beverage container. New
York State should enact this bill into law to ensure this practical
approach with proven environmental and health benefits is encouraged
throughout the state of New York.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
becomes a law.
i https://cleanwater.org/2023/07/10/ reusable-water-bottles-
understandingreasons-why-use-them
ii https://www.ncbi.nlm.nih.govipmciarticles/PMC6141690/
iii https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8230545/
iv https://legistar.council.nyc.gov/ LegislationDe-
tail.aspx?ID=635033484GUID= 6A5A1D18-D5A4-43B5-8F44- 7577FAFDOD3B
STATE OF NEW YORK
________________________________________________________________________
9890
IN ASSEMBLY
April 26, 2024
___________
Introduced by M. of A. BURGOS -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to allowing
certain reusable beverage containers in sports venues
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 391-r to read as follows:
3 § 391-r. Reusable beverage containers in sports venues. 1. For
4 purposes of this section, the following terms shall have the following
5 meanings:
6 (a) "reusable beverage container" means a drinking vessel that is
7 composed primarily of aluminum or stainless steel, and is designed and
8 manufactured to be capable of multiple reuses, including a bottle or
9 cup.
10 (b) "sports venue" means a building, structure, or place in which
11 professional or collegiate sporting competitions are held.
12 2. A sports venue shall not prohibit an individual attending any
13 professional or collegiate sporting competition in such sports venue
14 from bringing a reusable beverage container into the sports venue;
15 provided, however:
16 (a) a sports venue may require that reusable beverage containers be
17 empty upon entering the sports venue.
18 (b) a sports venue may restrict reusable beverage containers capable
19 of holding more than twenty-four fluid ounces.
20 3. Any sports venue that violates this section or any rule promulgated
21 pursuant thereto shall be liable for a civil penalty recoverable in a
22 civil action.
23 § 2. This act shall take effect on the one hundred twentieth day after
24 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15219-01-4
