Add Art 27 Title 10-A §§27-1051 - 27-1057, En Con L
Requires certain manufacturers 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9354
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:
This bill would require beverage manufacturers to tether or otherwise
affix plastic caps to their plastic containers in order to be sold and
distributed in New York.
SUMMARY OF PROVISIONS:
Section 1 - Amends article 27 of the environmental conservation law by
adding a new title 10-A, which would: add certain definitions; require
beverage manufacturers to tether or otherwise affix plastic caps to
plastic containers for beverages sold or distributed in NYS; ensure
manufacturer compliance; set timelines for implementation by manufactur-
ers; and allow for enforcement, penalties, and the promulgation of rules
and regulations.
Section 2 - Sets 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 three
years and smaller manufacturers given six 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.
FISCAL IMPACT ON THE STATE:
To be determined.
LEGISLATIVE HISTORY:
New bill.
EFFECTIVE DATE:
This act shall take effect immediately. However, the requirements of
this title shall apply to a manufacturer with gross annual revenues of
ten million dollars or more three years after the effective date of this
title and shall further apply to a manufacturer with gross annual reven-
ues of less than ten million dollars six years after the effective date
of this title.
