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A00207 Summary:

SPONSORRosenthal L
COSPNSRLupardo, Taylor, Glick, Niou, Gottfried, Barron, Rivera J, Seawright, Simon, Galef, Barrett, Bronson, Steck, Weprin, Fahy, Ramos, Reyes, Epstein, Paulin, Colton, Jacobson, Otis, McMahon, Gonzalez-Rojas, Burdick, Richardson, Zinerman, Fernandez, Perry, Abinanti, Hevesi, Brown K, Kelles
Add Art 27 Title 33 §§27-3301 - 27-3305, En Con L; add §399-tt, Gen Bus L
Provides that restaurants may provide single-use plastic straws to customers when explicitly requested by the customer; prohibits single-use plastic stirrers.
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A00207 Actions:

01/06/2021referred to environmental conservation
05/11/2021reported referred to codes
05/19/2021reported referred to rules
01/05/2022referred to codes
02/10/2022amend and recommit to codes
02/10/2022print number 207a
02/17/2022advanced to third reading cal.417
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A00207 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the environmental conservation law and the general busi- ness law, in relation to prohibitions on single-use plastic straws and stirrers in restaurants   PURPOSE: This bill will reduce plastic pollution by prohibiting bars and restau- rants from providing single-use plastic straws unless requested by the customer.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends article 27 of the environmental conservation law by adding a new title 33. Section two amends the general business law by adding a new section 399-tt. Section three sets forth the effective date.   JUSTIFICATION: According to the United States National Park Service, Americans use 500 million plastic drinking straws each day. A majority of these straws come from restaurants and other food service establishments where it is common for a single-use plastic straw to be provided with each beverage served. Plastic straws and plastic beverage stirrers are quickly disposed of and end up in our landfills and waterways, where they are often ingested by land and marine animals. Plastic straws and stirrers, typically made of a material called poly- propylene, may break down into smaller pieces over long periods of time, but never completely biodegrade. It is said that nearly every plastic straw ever used still exists in some form. While some plastics are able to be recycled, plastic straws and stirrers are too small to be proc- essed by recycling equipment. By prohibiting restaurants from habitually handing out straws with every beverage served and switching over to a straws "upon request only" system, these establishments will be able to markedly reduce the number of straws and stirrers that end up in landfills and waterways each year, creating a cleaner and safer environment for humans and animals alike. Further, this legislation will also prohibit restaurants from providing plastic stirrers, instead requiring that they use wood, paper or other compostable materials.   LEGISLATIVE HISTORY: 2019-20: A.90-A - Reported to Codes; S.1477-A - Referred to Environ- mental Conservation 2017-18: A.9994-B - Reported to Codes; S.8726-B - Referred to Environ- mental Conservation   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect in 120 days.
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A00207 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
        Introduced by M. of A. L. ROSENTHAL, LUPARDO, TAYLOR, GLICK, NIOU, GOTT-
          TI, HEVESI, BROWN -- Multi-Sponsored by -- M. of  A.  THIELE  --  read
          once  and  referred  to the Committee on Environmental Conservation --
          reported and referred to the Committee on Codes -- recommitted to  the
          Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        AN ACT to amend the environmental conservation law and the general busi-
          ness law, in relation to prohibitions on single-use plastic straws and
          stirrers in restaurants
          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 33 to read as follows:
     3                                  TITLE 33
     5  Section 27-3301. Definitions.
     6          27-3303. Single-use plastic straws and stirrers.
     7          27-3305. Enforcement.
     8  § 27-3301. Definitions.
     9    For the purposes of this title, "restaurant" means any diner or  other
    10  eating or beverage establishment, which offers for sale food or beverag-
    11  es  to  the  public,  guests,  members,  or patrons, whether consumption
    12  occurs on or off the premises.
    13  § 27-3303. Single-use plastic straws and stirrers.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 207--A                           2
     1    1. (a) Restaurants may not provide single-use  plastic  straws  unless
     2  explicitly requested by the customer.
     3    (b)  No  inquiry  into  the  reason for the request shall be made by a
     4  restaurant or any of its employees in carrying out the  request  author-
     5  ized by paragraph (a) of this subdivision.
     6    2. Restaurants are prohibited from providing customers with single-use
     7  plastic stirrers.
     8    3.  (a)  Nothing  in  this  section  shall  preclude a restaurant from
     9  providing customers with non-plastic straws or stirrers as  an  alterna-
    10  tive  to  single-use  plastic  straws  and  stirrers, including, but not
    11  limited to, straws and/or stirrers made from paper, sugar  cane,  bamboo
    12  or compostable materials.
    13    (b) Restaurants that provide compostable straws or stirrers to custom-
    14  ers are required to have access to curbside collection of food waste for
    15  composting.
    16    4.  Single-use  plastic  straws  provided by a restaurant, pursuant to
    17  subdivision one of this section, shall not be  individually  wrapped  in
    18  plastic,  except  for  prepackaged  individual serving beverages where a
    19  plastic straw is included in the packaging.
    20  § 27-3305. Enforcement.
    21    Every local department of health shall  ensure  compliance  with  this
    22  title as part of an inspection of a food place pursuant to section thir-
    23  teen  hundred  fifty-one of the public health law, the provisions of the
    24  sanitary code and provisions of local ordinances or  regulations.    Any
    25  establishment  that  violates  this  title  shall  be liable for a civil
    26  penalty in the amount of two hundred dollars for  the  first  violation,
    27  three  hundred dollars for the second violation committed on a different
    28  day within a period of twelve months, and five hundred dollars  for  the
    29  third and each subsequent violation committed on different days within a
    30  period  of  twelve  months,  except  that the local department of health
    31  shall not issue a notice of violation, but shall  issue  a  warning  and
    32  provide  information  on compliance with such section, for any violation
    33  that occurs within one year of the effective date of this section.
    34    § 2. The general business law is amended by adding a new section  399-
    35  tt to read as follows:
    36    §  399-tt.  Single-use  plastic  straws.  Restaurants may only provide
    37  single-use plastic straws to customers where explicitly requested by the
    38  customer pursuant to title thirty-three of article twenty-seven  of  the
    39  environmental conservation law.
    40    § 3. This act shall take effect on the one hundred twentieth day after
    41  it shall have become a law.
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