Bill Text: NY S05282 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed - Dead) 2020-07-23 - ordered to third reading rules cal.307 [S05282 Detail]
Download: New_York-2019-S05282-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5282--B 2019-2020 Regular Sessions IN SENATE April 23, 2019 ___________ Introduced by Sens. KAMINSKY, ADDABBO, CARLUCCI, HOYLMAN, JACKSON, KAPLAN, KRUEGER, LIU, MAY, METZGER, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Environ- mental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 31 to read as follows: 3 TITLE 31 4 SMALL PLASTIC BOTTLE HOSPITALITY PERSONAL CARE PRODUCT RESTRICTIONS 5 Section 27-3101. Definitions. 6 27-3103. Small plastic bottle hospitality personal care 7 products. 8 27-3105. Violations. 9 27-3107. Preemption of local law. 10 § 27-3101. 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11287-06-0S. 5282--B 2 1 2. "Hospitality personal care product" means a product provided by a 2 hotel and intended to be applied to or used on the human body or any 3 part thereof for cleansing, conditioning, or moisturizing. Hospitality 4 personal care product includes, but is not limited to, shampoo, condi- 5 tioner, lotion, and liquid soap. 6 3. "Small plastic bottle" means a plastic container with less than a 7 twelve ounce capacity that is intended to be non-reusable by the end 8 user. 9 § 27-3103. Small plastic bottle hospitality personal care products. 10 Effective January first, two thousand twenty-three for all hotels with 11 fifty rooms or more and January first, two thousand twenty-four for all 12 hotels with less than fifty rooms, a hotel shall not provide any small 13 plastic bottle containing a hospitality personal care product. 14 § 27-3105. Violations. 15 1. A hotel that violates a provision of this title shall receive a 16 warning notice for the first such violation, detailing the hotel's 17 requirement to correct the violation within thirty days from the date 18 the notice is sent. A hotel shall be liable to the state for a civil 19 penalty of two hundred fifty dollars for the first violation after 20 receiving a warning and failing to correct the violation within thirty 21 days and five hundred dollars for any subsequent violation in the same 22 calendar year. A hearing or opportunity to be heard shall be provided 23 prior to the assessment of any civil penalty. 24 2. The department is hereby authorized to enforce the provisions of 25 this title and all monies collected shall be deposited to the credit of 26 the environmental protection fund established pursuant to section nine- 27 ty-two-s of the state finance law. 28 § 27-3107. Preemption of local law. 29 Jurisdiction in all matters pertaining to restrictions on the 30 provision of small plastic bottle hospitality personal care products is 31 vested exclusively in the state. 32 § 2. Subdivision 3 of section 92-s of the state finance law, as 33 amended by section 3 of part PP of chapter 58 of the laws of 2020, is 34 amended to read as follows: 35 3. Such fund shall consist of the amount of revenue collected within 36 the state from the amount of revenue, interest and penalties deposited 37 pursuant to section fourteen hundred twenty-one of the tax law, the 38 amount of fees and penalties received from easements or leases pursuant 39 to subdivision fourteen of section seventy-five of the public lands law 40 and the money received as annual service charges pursuant to section 41 four hundred four-n of the vehicle and traffic law, all moneys required 42 to be deposited therein from the contingency reserve fund pursuant to 43 section two hundred ninety-four of chapter fifty-seven of the laws of 44 nineteen hundred ninety-three, all moneys required to be deposited 45 pursuant to section thirteen of chapter six hundred ten of the laws of 46 nineteen hundred ninety-three, repayments of loans made pursuant to 47 section 54-0511 of the environmental conservation law, all moneys to be 48 deposited from the Northville settlement pursuant to section one hundred 49 twenty-four of chapter three hundred nine of the laws of nineteen 50 hundred ninety-six, provided however, that such moneys shall only be 51 used for the cost of the purchase of private lands in the core area of 52 the central Suffolk pine barrens pursuant to a consent order with the 53 Northville industries signed on October thirteenth, nineteen hundred 54 ninety-four and the related resource restoration and replacement plan, 55 the amount of penalties required to be deposited therein by section 56 71-2724 of the environmental conservation law, all moneys required to beS. 5282--B 3 1 deposited pursuant to article thirty-three of the environmental conser- 2 vation law, all fees collected pursuant to subdivision eight of section 3 70-0117 of the environmental conservation law, all moneys collected 4 pursuant to title thirty-three of article fifteen of the environmental 5 conservation law, beginning with the fiscal year commencing on April 6 first, two thousand thirteen, nineteen million dollars, and all fiscal 7 years thereafter, twenty-three million dollars plus all funds received 8 by the state each fiscal year in excess of the greater of the amount 9 received from April first, two thousand twelve through March thirty- 10 first, two thousand thirteen or one hundred twenty-two million two 11 hundred thousand dollars, from the payments collected pursuant to subdi- 12 vision four of section 27-1012 of the environmental conservation law and 13 all funds collected pursuant to section 27-1015 of the environmental 14 conservation law, all moneys required to be deposited pursuant to 15 sections 27-2805 and 27-2807 of the environmental conservation law, all 16 moneys collected pursuant to section 71-2730 of the environmental 17 conservation law, all moneys required to be deposited pursuant to 18 section 27-3105 of the environmental conservation law, and all other 19 moneys credited or transferred thereto from any other fund or source 20 pursuant to law. All such revenue shall be initially deposited into the 21 environmental protection fund, for application as provided in subdivi- 22 sion five of this section. 23 § 3. This act shall take effect January 1, 2023.
