A09890 Summary:
| BILL NO | A09890B |
| SAME AS | SAME AS S09330-A |
| SPONSOR | Burgos |
| COSPNSR | Lupardo, Glick, Stirpe, Fall, Levenberg, Solages, Lunsford, Zaccaro, Epstein, Dinowitz, Kelles, Clark, Gonzalez-Rojas, Davila, Brown K |
| MLTSPNSR | |
| Add §391-r, Gen Bus L | |
| Allows certain reusable beverage containers in sports venues. | |
A09890 Actions:
| BILL NO | A09890B | |||||||||||||||||||||||||||||||||||||||||||||||||
| 04/26/2024 | referred to consumer affairs and protection | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/09/2024 | amend and recommit to consumer affairs and protection | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/09/2024 | print number 9890a | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/17/2024 | amend and recommit to consumer affairs and protection | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/17/2024 | print number 9890b | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/22/2024 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/28/2024 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/06/2024 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/06/2024 | rules report cal.507 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/07/2024 | ordered to third reading rules cal.507 | |||||||||||||||||||||||||||||||||||||||||||||||||
A09890 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
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, not contain a cap 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 not to exceed five hundred dollars for the first violation and seven hundred dollars for any subsequent violation. 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.org{i} describes some of the negative impacts on our health caused by single use plastic bottles. It sites a study{ii} 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 Nestle Pure life had concentrations as high as 10,000 plastic pieces per liter. The National Institute of Health{iii} 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 plstic 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 - its estimated that a $20 reus- able water bottle saves each person $6,180 in five years. New York City has enacted a law{iv} 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- bottlesunderstan- dingreasons-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/LegislationDetail.aspx?ID= 635033484GUID=6A5A1D18-D5A4-43B5-8F44-7577FAFDOD3B
A09890 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 9890--B IN ASSEMBLY April 26, 2024 ___________ Introduced by M. of A. BURGOS, LUPARDO, GLICK, STIRPE, FALL, LEVENBERG, SOLAGES, LUNSFORD, ZACCARO, EPSTEIN, DINOWITZ, KELLES, CLARK, GONZA- LEZ-ROJAS -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee 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 require that the reusable beverage container 19 not contain a cap; and 20 (c) a sports venue may restrict reusable beverage containers capable 21 of holding more than twenty-four fluid ounces. 22 3. Any sports venue that violates this section or any rule promulgated 23 pursuant thereto shall be liable for a civil penalty not to exceed five EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15219-04-4A. 9890--B 2 1 hundred dollars for the first violation, and seven hundred fifty dollars 2 for any subsequent violation. 3 § 2. This act shall take effect on the one hundred twentieth day after 4 it shall have become a law.