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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5082
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
STATE OF NEW YORK
________________________________________________________________________
5082
2021-2022 Regular Sessions
IN ASSEMBLY
February 10, 2021
___________
Introduced by M. of A. ENGLEBRIGHT, SIMON, EPSTEIN, COOK, STECK, AUBRY,
NIOU, SEAWRIGHT, FAHY, THIELE, ABINANTI, GOTTFRIED, GALEF, DE LA ROSA,
BARRON, L. ROSENTHAL, WEPRIN, GRIFFIN, WOERNER, REYES, PAULIN --
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
4 SMALL PLASTIC BOTTLE HOSPITALITY PERSONAL CARE PRODUCT RESTRICTIONS
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.
LBD01035-02-1
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.
