BILL NUMBER: S1260
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
limiting tinted green and brown to compostable plastic bags for the
purposes of bag waste reduction
 
PURPOSE:
To ensure that an exempt bag, as defined in the environmental conserva-
tion law, shall not be tinted brown or green unless it is a compostable
bag.
 
SUMMARY OF PROVISIONS:
Section one amends section 27-2801 of the environmental conservation law
to provide that an exempt bag shall not be tinted green or brown unless
it is a compostable bag.
Section two provides the effective date.
 
JUSTIFICATION:
As more reports of global warming, extreme weather events, and general
statements of environmental peril appear in our everyday lives, many
consumers have made efforts to "go green" by looking to purchase
products in environmentally friendly packaging and bags. Unfortunately,
some manufacturers and stores have used this to deceive consumers into
buying products that appear "green" or "eco-friendly" but are not.
One example of this deception is where plastic bags are tinted green or
brown in order to misrepresent the product as "natural" or "eco-friend-
ly." Consumers may then think that the bags are environmentally friendly
when in fact they are just colored plastic bags.
As green and brown tinted bags are also the color of most compostable
bags, consumers may think that the bags are acceptable to include in a
compost bin. Commercial composting facilities and farms that transform
food scraps into compost then have to pick these bags out of their
compost piles which is costly and inconvenient. As food scrap recycling
and composting initiatives are spreading throughout New York, allowing
only compostable bags to be tinted green or brown will support the
successful growth of these programs throughout our State.
This bill would limit the list of exempt bags in Title 28 of the envi-
ronmental conservation law to ensure that any exempt bag shall not be
tinted green or brown unless it is a compostable bag. Companies need to
be honest and transparent with consumers about the environmental impact
of their products. This legislation takes an important step in protect-
ing consumers from deceptive marketing tactics so they can better under-
stand the environmental impact of the products they choose to buy.
 
FISCAL IMPACT:
To be determined.
 
LEGISLATIVE HISTORY:
2023-2024: S.2071 (May) / A.4144 (Paulin)
2021-2022: S.8613 (May) / A.8428 (Paulin)
 
EFFECTIVE DATE:
Immediately.