The Queen’s Gazette
Gov. Signs Plastic Recycling Law; City Law Will Also Remain On The Books
BY JOHN TOSCANO
Dec 17, 2008
Without much fanfare, Governor David Paterson signed into law on Monday a bill calling for the collection and recycling of plastic carryout bags which have become a major environmental threat and a serious problem in the nation’s garbage landfills.
The law, which caused much consternation in the City Council, which had passed a law the city lawmakers considered better in some respects, will take effect in 14 days on Jan. 1, 2009.
However, despite the city council’s fears that the state law would pre-empt the city’s law, that will not happen.
In the announcement that he was signing the state recycling bill into law, the governor stated that an agreement had been reached with the legislature “to allow New York City to retain an effective and popular local law that established a citywide recycling program for plastic carryout bags and film plastics”.
In anticipation of plastic shopping bags becoming outlawed, many shoppers had already begun purchasing reusable bags to carry their groceries home from the supermarket.
In signing the bill, the governor stated, “Even during difficult times we must be protective stewards of our environment and continue to find ways to keep our daily routines from negatively impacting the long-term health of our planet. By making changes in our daily lives and business practices, we can conserve natural resources, save energy and reduce our ecological footprint.”
Also citing the environmental benefits, Deputy Secretary for the Environment Judith Enck stated, “Plastic bags, made from petroleum, are a persistent litter and environmental problem. Nationally, we discard nearly 100 billion plastic bags every year–with lots of them ending up on our streets, in our parks and in our lakes and streams.”
Enck said the bill signed by the governor would make it easier for New Yorkers to recycle used plastic bags and encourage greater use of reusable bags.
Under the new law, retail establishments with more than 10,000 square feet of retail space, or those that are part of a chain with more than five stores (each with more than 5,000 square feet of retail space), must provide bins for the collection of used plastic carryout bags, recycle the returned bags and keep records for three years describing the amount of plastic bags collected and recycled.
The new state law will pre-empt local governments from adopting their own laws on the topic. However, additional legislation will be enacted to amend the bill signed by the governor to allow New York City to retain an effective and popular local law that established a citywide recycling program for plastic carryout bags and film plastics.
Another amendment will require the recycling of film plastics as part of the statewide program. The governor urged the lawmakers to act swiftly to pass the amending legislation.
In a statement, actress Bette Midler, founder of the New York Restoration Project, commended the governor for recognizing the need for New York City to have a more stringent program for recycling plastic bags.
Midler noted, “Americans use over 84 billion plastic bags annually, about one billion of them in New York City. This is an important step toward building a comprehensive solid waste management regime, and on behalf of all of us in New York City, I thank you for your understanding of the severity of the problem and your cooperation in finding a solution.”
In a statement released on December 2, the council averred that the state legislation then making its way to the governor’s desk undermines and pre-empts the city’s stronger law.
At the time, the council and Speaker Christine Quinn were negotiating with the Paterson administration to permit the city law to co-exist with the state statute, and they were successful. Quinn had said the state law fell far short of the landmark city law.
City Councilmember Peter Vallone Jr. had said at the time, “Albany cannot seem to take one step forward without taking two steps back.” He said it was great that the state had passed a plastic recycling bill, “but it’s terrible that they have significantly weakened our law”.
However, it appears now that the state law will not weaken the city statute.
