Add Art 27 Title 10-A §§27-1051 - 27-1057, En Con L
Requires manufacturers with gross annual beverage sale revenues of ten million dollars or more, beginning January 1, 2030, to sell and distribute plastic beverage containers with tethered plastic beverage caps or openings from which the beverage can be consumed while the plastic beverage cap remains screwed onto or otherwise affixed to the plastic beverage container; requires manufacturers with gross annual beverage sale revenues of one million dollars or more to comply by January 1, 2033.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9354A
SPONSOR: Colton TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
requiring certain manufacturers to sell and distribute plastic beverage
containers with tethered plastic beverage caps
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require beverage manufacturers to tether or otherwise
affix plastic caps to their plastic containers to be sold and distrib-
uted in New York.
SUMMARY OF PROVISIONS:
Section 1 of the bill would:
*require manufacturers of plastic beverage containers with gross annual
sale revenues of $10 million or more to tether the plastic beverage cap
in a manner that prevents the cap from being separated when the contain-
er is opened or include an opening from which the beverage can be
consumed while the cap remains screwed to the container by January 1,
2030;
*require manufacturers with gross annual beverage sale revenues of $1
million or more to meet such requirements by January 1, 2033;
*require manufacturers to provide to the Department of Environmental
Conservation (DEC) any information necessary to determine the manufac-
turer's compliance with such provisions; and
*provide that any manufacturer who is found to have violated such
provisions be subject to a civil penalty of $1,000 per violation per
day.
Section 2 of the bill provides the effective date.
JUSTIFICATION:
Plastic bottle caps are among the largest group of littered items in the
world. They rank in the top ten most found items on the beach and are in
the top five most harmful ocean trash items to animals, including marine
mammals, sea turtles, and seabirds. Oftentimes mistaken for food, these
animals ingest the plastic caps and may experience choking, digestive
blocks, and even death. The plastic also releases toxic chemicals when
consumed that can damage animals' vital organs, reproductive health, and
immune systems. Plastic bottle caps have become more than just a simple
nuisance; they are a plague to our global ecosystem at large.
This bill would require plastic beverage containers to have plastic caps
tethered or attached, ensuring both components are ultimately disposed
of together. This small change would reduce litter, increase recycling,
and create a cleaner, safer environment for both people and wildlife..
To allow for a smooth transition, manufacturers would be provided ample
time to comply with this mandate, with larger manufacturers given four
years and smaller manufacturers given seven years for implementation.
Manufacturers have already made the switch to tethered caps in the Euro-
pean Union, which mandated plastic bottle caps be tethered to plastic
bottles in 2024. New York can lead this effort in the United States and
take a meaningful step toward reducing plastic pollution and keeping our
beaches, parks, streets, sidewalks, and communities clean.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
