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A05082 Summary:

COSPNSRSimon, Epstein, Cook, Steck, Aubry, Niou, Seawright, Fahy, Thiele, Abinanti, Gottfried, Galef, De La Rosa, Barron, Rosenthal L, Weprin, Griffin, Woerner, Reyes, Paulin, Gonzalez-Rojas, Pheffer Amato, Kelles, Gallagher, Cruz, Clark, Perry, Stirpe, Sillitti, Glick, Zebrowski, Rozic, Lavine, Dinowitz, McDonald, Hevesi, Rajkumar, Brown
Add Art 27 Title 32 §§27-3201 - 27-3207, En Con L; amd §92-s, St Fin L
Prohibits hotels from making available to its hotel guests small plastic bottles containing hospitality personal care products; imposes a monetary penalty for violation of such prohibition after notice, and a hearing or opportunity to be heard.
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A05082 Actions:

02/10/2021referred to environmental conservation
03/16/2021reported referred to codes
03/25/2021advanced to third reading cal.204
04/20/2021passed assembly
04/20/2021delivered to senate
04/26/2021SUBSTITUTED FOR S543
04/26/20213RD READING CAL.238
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A05082 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Englebright
  TITLE OF BILL: An act to amend the environmental conservation law and the state finance law, in relation to restricting hotels from making available to hotel guests small plastic bottle hospitality personal care products   PURPOSE: This bill would reduce plastic pollution by restricting hotels from providing certain small bottles used for hospitality personal care products.   SUMMARY OF PROVISIONS: Section 1 of this bill would add a new section 27-3001 to the environ- mental conservation law (ECL) to prohibit hotels from providing small hospitality bottles used for personal care products like shampoo, condi- tioner, lotion, and liquid soap. The requirement will be phased in over 2024 and 2025 for both larger and smaller hotels. Section 2 of this bill amends state finance law describing all funds collected from violations would be deposited into the environmental protection fund. Section 3 of this bill describes preemption. Section 4 of this bill is the effective date.   JUSTIFICATION: In 2017, the world produced 348 million tons of plastic. Of that, 40 percent was used to produce single-use plastic products. Additionally, scientists predict over 8 million metric tons of the plastic produced fails to be recycled and ends up in our oceans every year. With such a global epidemic at hand, it is apparent consumers and corporations alike need to make an effort to use more sustainable alternatives. One step that New York can take to reduce plastic waste is to prohibit hotels from providing single-use small plastic bottles to customers. These small bottles are both unnecessary and wasteful, especially in the light of viable alternatives existing in the form of dispensers. Dispensers are also proven to be more cost effective for hotels, along with being less wasteful. Marriott International has already taken steps to reduce plastic waste by replacing small toiletry bottles in their guest bathrooms in select hotels with in-shower dispensers instead. Marriott expects this will help eliminate more than 35 million small plastic toiletry bottles annually and will save approximately 23,000 plastic bottles from being discarded per each 140-room hotel. By restricting hotels from providing these small bottles used for personal care products, the state will take another important step in combating single use plastic pollution.   LEGISLATIVE HISTORY: 2019-20: A7662-B - ordered to 3rd reading cal.307   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This bill shall take effect on January 1, 2024
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A05082 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 10, 2021
        Introduced  by M. of A. ENGLEBRIGHT, SIMON, EPSTEIN, COOK, STECK, AUBRY,
          Multi-Sponsored by -- M. of A. SAYEGH -- read once and referred to the
          Committee on Environmental Conservation

        AN ACT to amend the environmental conservation law and the state finance
          law,  in relation to restricting hotels from making available to hotel
          guests small plastic bottle hospitality personal care products
          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 32 to read as follows:
     3                                  TITLE 32
     5  Section 27-3201. Definitions.
     6          27-3203. Small   plastic   bottle   hospitality   personal  care
     7                     products.
     8          27-3205. Violations.
     9          27-3207. Preemption of local law.
    10  § 27-3201. Definitions.
    11    As used in this title:
    12    1. "Hotel" means a building or portion of a building which is regular-
    13  ly used and kept open as such for the lodging of guests. Hotel  includes
    14  an  apartment  hotel,  a motel or a boarding house, whether or not meals
    15  are served.
    16    2. "Hospitality personal care product" means a product provided  by  a
    17  hotel  and  intended  to  be applied to or used on the human body or any
    18  part thereof for cleansing, conditioning, or moisturizing.   Hospitality
    19  personal  care  product includes, but is not limited to, shampoo, condi-
    20  tioner, lotion, and liquid soap.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5082                             2
     1    3. "Small plastic bottle" means a plastic container with less  than  a
     2  twelve  ounce  capacity  that  is intended to be non-reusable by the end
     3  user.
     4  § 27-3203. Small plastic bottle hospitality personal care products.
     5    Effective  January first, two thousand twenty-four for all hotels with
     6  fifty rooms or more and January first, two thousand twenty-five for  all
     7  hotels  with  less than fifty rooms, a hotel shall not provide any small
     8  plastic bottle containing a hospitality personal care product.
     9  § 27-3205. Violations.
    10    1. A hotel that violates a provision of this  title  shall  receive  a
    11  warning  notice  for  the  first  such  violation, detailing the hotel's
    12  requirement to correct the violation within thirty days  from  the  date
    13  the  notice  is  sent.  A hotel shall be liable to the state for a civil
    14  penalty of two hundred fifty  dollars  for  the  first  violation  after
    15  receiving  a  warning and failing to correct the violation within thirty
    16  days and five hundred dollars for any subsequent violation in  the  same
    17  calendar  year.  A  hearing or opportunity to be heard shall be provided
    18  prior to the assessment of any civil penalty.
    19    2. The department is hereby authorized to enforce  the  provisions  of
    20  this  title and all monies collected shall be deposited to the credit of
    21  the environmental protection fund established pursuant to section  nine-
    22  ty-two-s of the state finance law.
    23  § 27-3207. Preemption of local law.
    24    Jurisdiction   in  all  matters  pertaining  to  restrictions  on  the
    25  provision of small plastic bottle hospitality personal care products  is
    26  vested exclusively in the state.
    27    §  2.  Subdivision  3  of  section  92-s  of the state finance law, as
    28  amended by section 3 of part PP of chapter 58 of the laws  of  2020,  is
    29  amended to read as follows:
    30    3.  Such  fund shall consist of the amount of revenue collected within
    31  the state from the amount of revenue, interest and  penalties  deposited
    32  pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
    33  amount of fees and penalties received from easements or leases  pursuant
    34  to  subdivision fourteen of section seventy-five of the public lands law
    35  and the money received as annual service  charges  pursuant  to  section
    36  four  hundred four-n of the vehicle and traffic law, all moneys required
    37  to be deposited therein from the contingency reserve  fund  pursuant  to
    38  section  two  hundred  ninety-four of chapter fifty-seven of the laws of
    39  nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
    40  pursuant  to  section thirteen of chapter six hundred ten of the laws of
    41  nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
    42  section  54-0511 of the environmental conservation law, all moneys to be
    43  deposited from the Northville settlement pursuant to section one hundred
    44  twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
    45  hundred  ninety-six,  provided  however,  that such moneys shall only be
    46  used for the cost of the purchase of private lands in the core  area  of
    47  the  central  Suffolk  pine barrens pursuant to a consent order with the
    48  Northville industries signed on  October  thirteenth,  nineteen  hundred
    49  ninety-four  and  the related resource restoration and replacement plan,
    50  the amount of penalties required to  be  deposited  therein  by  section
    51  71-2724 of the environmental conservation law, all moneys required to be
    52  deposited  pursuant to article thirty-three of the environmental conser-
    53  vation law, all fees collected pursuant to subdivision eight of  section
    54  70-0117  of  the  environmental  conservation  law, all moneys collected
    55  pursuant to title thirty-three of article fifteen of  the  environmental
    56  conservation  law,  beginning  with  the fiscal year commencing on April

        A. 5082                             3
     1  first, two thousand thirteen, nineteen million dollars, and  all  fiscal
     2  years  thereafter,  twenty-three million dollars plus all funds received
     3  by the state each fiscal year in excess of the  greater  of  the  amount
     4  received  from  April  first,  two thousand twelve through March thirty-
     5  first, two thousand thirteen  or  one  hundred  twenty-two  million  two
     6  hundred thousand dollars, from the payments collected pursuant to subdi-
     7  vision four of section 27-1012 of the environmental conservation law and
     8  all  funds  collected  pursuant  to section 27-1015 of the environmental
     9  conservation law, all  moneys  required  to  be  deposited  pursuant  to
    10  sections  27-2805 and 27-2807 of the environmental conservation law, all
    11  moneys collected  pursuant  to  section  71-2730  of  the  environmental
    12  conservation  law,  all  moneys  required  to  be  deposited pursuant to
    13  section 27-3205 of the environmental conservation  law,  and  all  other
    14  moneys  credited  or  transferred  thereto from any other fund or source
    15  pursuant to law. All such revenue shall be initially deposited into  the
    16  environmental  protection  fund, for application as provided in subdivi-
    17  sion five of this section.
    18    § 3. This act shall take effect January 1, 2024.
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