New York S 4059: Requires the governor to attach fiscal notes to executive orders affecting revenues or expenses of political subdivisions

Status: REFERRED TO FINANCE (as of 2019-02-26)

State: New York · Session: 2019-2020 · Bill: S 4059

Sponsors: ANTONACCI

Bill Text

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S04059 Summary:

BILL NOS04059 

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SAME ASSAME AS A01692

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SPONSORMAY

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COSPNSR

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MLTSPNSR

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Add Art 27 Title 34 §§27-3401 - 27-3405, En Con L; add §399-tt, Gen Bus L

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Provides that restaurants and third-party food delivery service may provide single-use food service items to customers when explicitly requested by the customer; prohibits certain plastic single-use items.

Go to top S04059 Actions:

BILL NOS04059 

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01/31/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS04059 Committee&nbspVotes:

Go to topS04059 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04059 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4059

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation

 AN ACT to amend the environmental conservation law and the general busi-
 ness law, in relation to prohibitions on single-use food service items
 at restaurants and third-party food delivery services

 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 SINGLE-USE FOOD SERVICE
 5 ITEMS
 6 Section 27-3401. Definitions.
 7 27-3403. Single-use food service items.
 8 27-3405. Enforcement.
 9 § 27-3401. Definitions.
 10 1. "Beverage splash stick" means a device primarily intended to be
 11 used to keep heat and liquid from escaping a lidded cup.
 12 2. "Beverage stirrer" means a device primarily intended for stirring
 13 beverages.
 14 3. "Condiment pack" means an individual single-use container, sealed
 15 by the manufacturer or a restaurant, containing a condiment.
 16 4. "Plastic" means a synthetic material made from organic polymers.
 17 5. "Restaurant" means any diner or other eating or beverage establish-
 18 ment, which offers for sale food or beverages to the public, guests,
 19 members, or patrons, whether consumption occurs on or off the premises.
 20 6. "Single-use food service items" shall mean any eating utensil or
 21 other item used as part of food or beverage service that is designed and
 22 intended by the manufacturer for only one use before being discarded
 23 including, but not limited to condiment packs, forks, spoons, sporks,
 24 knives, chopsticks, beverage straws, cocktail sticks, toothpicks, non-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04405-01-5

 S. 4059 2

 1 plastic beverage splash sticks, non-plastic beverage stirrers, napkins,
 2 wet wipes, cup sleeves, beverage trays, beverage lids, empty plates,
 3 empty bowls, and empty cups. For purposes of this title, single-use food
 4 service items shall not include: (a) a plastic beverage stirrer or a
 5 plastic beverage splash stick as defined in this section; or (b)
 6 containers actively holding food or beverages for dine-in or take-away
 7 customers, such as plates, bowls, and cups.
 8 7. "Third-party food delivery service" shall have the same meaning as
 9 section three hundred ninety-one-v of the general business law.
 10 § 27-3403. Single-use food service items.
 11 1. (a) Restaurants and third-party food delivery services shall only
 12 provide single-use food service items to customers when explicitly
 13 requested by the customer. Restaurants and third-party food delivery
 14 services shall provide options to allow a customer to request single-use
 15 food service items upon submission of an order. Such options shall be
 16 available for all methods of ordering, including but not limited to
 17 phone, internet, or mobile phone application orders. The default
 18 selected options shall be that no single-use food service items are
 19 requested.
 20 (b) No inquiry into the reason for the request shall be made by a
 21 restaurant, third-party food delivery service, or any of its employees
 22 in carrying out the request authorized by paragraph (a) of this subdivi-
 23 sion.
 24 2. Restaurants and third-party fo

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