New York 2025-2026 Regular Session

New York Assembly Bill A00760 Latest Draft

Bill / Introduced Version Filed 01/08/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 760 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee on Environmental Conservation AN ACT to amend the environmental conservation law and the state finance law, in relation to banning the use of non-compostable produce stick- ers 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 34 to read as follows: 3 TITLE 34 4 PRODUCE STICKERS 5 Section 27-3401. Non-compostable produce sticker ban. 6 27-3403. Violations. 7 § 27-3401. Non-compostable produce sticker ban. 8 1. Beginning January first, two thousand twenty-six, no person, firm 9 or corporation shall sell, offer for sale, or distribute any non-com- 10 postable produce stickers or any produce with such non-compostable 11 stickers in the state; provided, however, a person, firm or corporation 12 may use its current inventory of non-compostable stickers prior to such 13 date. 14 2. The department is authorized to promulgate any rules and regu- 15 lations as it shall deem necessary to implement the provisions of this 16 title. 17 § 27-3403. Violations. 18 1. A person, firm or corporation that violates a provision of this 19 title shall receive a warning notice for the first such violation, 20 detailing the person, firm or corporation's requirement to correct the 21 violation within thirty days from the date the notice is sent. A person, 22 firm or corporation shall be liable to the state for a civil penalty of 23 two hundred fifty dollars for the first violation after receiving a 24 warning and failing to correct the violation within thirty days and five 25 hundred dollars for any subsequent violation in the same calendar year. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00623-01-5 

 A. 760 2 1 A hearing or opportunity to be heard shall be provided prior to the 2 assessment of any civil penalty. 3 2. The department is hereby authorized to enforce the provisions of 4 this title and all monies collected shall be deposited to the credit of 5 the environmental protection fund established pursuant to section nine- 6 ty-two-s of the state finance law. 7 § 2. Subdivision 3 of section 92-s of the state finance law, as 8 amended by chapter 734 of the laws of 2021, is amended to read as 9 follows: 10 3. Such fund shall consist of the amount of revenue collected within 11 the state from the amount of revenue, interest and penalties deposited 12 pursuant to section fourteen hundred twenty-one of the tax law, the 13 amount of fees and penalties received from easements or leases pursuant 14 to subdivision fourteen of section seventy-five of the public lands law 15 and the money received as annual service charges pursuant to section 16 four hundred four-n of the vehicle and traffic law, all moneys required 17 to be deposited therein from the contingency reserve fund pursuant to 18 section two hundred ninety-four of chapter fifty-seven of the laws of 19 nineteen hundred ninety-three, all moneys required to be deposited 20 pursuant to section thirteen of chapter six hundred ten of the laws of 21 nineteen hundred ninety-three, repayments of loans made pursuant to 22 section 54-0511 of the environmental conservation law, all moneys to be 23 deposited from the Northville settlement pursuant to section one hundred 24 twenty-four of chapter three hundred nine of the laws of nineteen 25 hundred ninety-six, provided however, that such moneys shall only be 26 used for the cost of the purchase of private lands in the core area of 27 the central Suffolk pine barrens pursuant to a consent order with the 28 Northville industries signed on October thirteenth, nineteen hundred 29 ninety-four and the related resource restoration and replacement plan, 30 the amount of penalties required to be deposited therein by section 31 71-2724 of the environmental conservation law, all moneys required to be 32 deposited pursuant to article thirty-three of the environmental conser- 33 vation law, all fees collected pursuant to subdivision eight of section 34 70-0117 of the environmental conservation law, all moneys collected 35 pursuant to title thirty-three of article fifteen of the environmental 36 conservation law, beginning with the fiscal year commencing on April 37 first, two thousand thirteen, nineteen million dollars, and all fiscal 38 years thereafter, twenty-three million dollars plus all funds received 39 by the state each fiscal year in excess of the greater of the amount 40 received from April first, two thousand twelve through March thirty- 41 first, two thousand thirteen or one hundred twenty-two million two 42 hundred thousand dollars, from the payments collected pursuant to subdi- 43 vision four of section 27-1012 of the environmental conservation law and 44 all funds collected pursuant to section 27-1015 of the environmental 45 conservation law, all moneys required to be deposited pursuant to 46 sections 27-2805 and 27-2807 of the environmental conservation law, all 47 moneys collected pursuant to section 71-2730 of the environmental 48 conservation law, all moneys required to be deposited pursuant to 49 section 27-3205 of the environmental conservation law, all moneys 50 required to be deposited pursuant to section 27-3403 of the environ- 51 mental conservation law, and all other moneys credited or transferred 52 thereto from any other fund or source pursuant to law. All such revenue 53 shall be initially deposited into the environmental protection fund, for 54 application as provided in subdivision five of this section. 55 § 3. This act shall take effect immediately.