BILL NUMBER: S2981
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the sale or manufacture of single-use plastic water bottles
comprised of less than one hundred percent recycled materials and to
prohibiting the sale of single-use plastic beverage containers comprised
of less than seventy-five percent recycled materials; and to amend the
public health law, in relation to requiring food service establishments
to provide tap water, beverages and leftovers to customers in reusable
containers, upon request
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibit the sale of plastic water bottles made from
less than 100% recycled materials and other single-use plastic contain-
ers made from less than 75% recycled materials. This bill would also
prohibit restaurants from refusing to provide tap water, beverages, and
leftover food upon request in a reusable container supplied by the
customer, rather than a disposable or single-use container supplied by
the restaurant, provided the container is suitable.
 
SUMMARY OF PROVISIONS:
Section one of the bill adds Title 32 to the environmental conservation
law regarding with plastic water bottles and beverage containers.
Section 27-3201 mandates the commissioner of health conduct an infras-
tructure assessment studying the usage of single use plastic water
bottles and the availability of public drinking water filling stations
in the state.
Section 27-3203 prohibits the use of state funds for single-use plastic
water bottles starting one year after the bill takes effect.
Section 27-3205 provides that beginning five years from the effective
date, no person, firm, association, LLC or corporation shall manufac-
ture, sell or offer for sale any single use plastic water bottle
comprised of less than 100% recycled material to any person in the
state.
Section 27-3007 provides that beginning five years from the effective
date, no deposit initiator, distributor or dealer shall sell or offer
for sale, at wholesale or retail in New York, any single-use plastic
beverage container that is comprised of less than 75% recycled materi-
als.
Section 27-3009 provides for the enforcement of provisions of parts 3005
and 3007 of this section. This section enumerates a schedule of fines
for subsequent violations. This section also provides for a one year
'grace period' where a first violation will be issued as a warning.
Section two of the bill amends the public health law by adding a new
Section 1352-f.
Section 1352-f of the public health law would require food service
establishments to serve tap water, beverages, and leftover food upon
request to a customer with a reusable container provided by the costum-
er, as opposed to a disposable or single-use container provided by the
restaurant. The food and beverage containers must be appropriate for
serving based on size, cleanliness, material, or other factors.
Section three of the bill sets forth the effective date.
 
JUSTIFICATION:
In the United States, only 9% of single use plastic containers are ever
recycled. This legislation addresses this problem by creating a new
market for recycled materials while at the same time requiring that the
bottles we use are created more sustainably. Approximately 8% of global
petroleum emissions come from plastic production; by reducing the need
for plastic production, this legislation will curtail emissions and
create new business opportunities for New Yorkers.
Further, more than 1 million single use plastic water bottles are bought
every minute. This proliferation of single-use plastic water bottles
continues to degrade the quality of New York's environment. Nationwide,
more than 77% of plastic water bottles are never recycled, which is
especially troubling given that plastic water bottles can take between
450-1000 years to dissolve completely. The production of plastic water
bottles alone requires 17 million barrels of oil each year globally,
releasing 2.5 million tons of carbon dioxide each year. This cycle caus-
es plastic production to account for about 8% of petroleum emissions.
This legislation also recognizes that the availability of water for sale
is not the same thing as accessibility to water by mandating any food
establishment provide free tap water on request. This provides the
compound benefit of reducing New York's plastic consumption while enabl-
ing New Yorkers to more easily choose water over sugary drinks. New
York's ambitious climate goals must take plastic production and
pollution into account, this bill sets bold standards to dramatically
curb our plastic pollution output.
 
PRIOR LEGISLATIVE HISTORY:
2021-2022: S6719 (Kavanagh) - ENVIRONMENTAL CONSERVATION
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.