[HISTORY: Adopted by the County Legislature of the County
of Ulster 9-20-2018 by L.L. No.
5-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 304.
This chapter shall be known by and may be cited as "The 'Bring
Your Own Bag' (BYOBag) Act."
A.
The Ulster County Legislature hereby finds and determines that data
released by the United States Environmental Protection Agency shows
that between 500 billion and 1 trillion plastic bags are consumed
worldwide each year.
B.
The Ulster County Legislature further finds and determines that the
production and disposal of single-use checkout bags has significant
environmental impacts, including the contamination of the environment,
the depletion of natural resources, use of nonrenewable polluting
fossil fuels, and increased cleanup and disposal costs.
C.
The Ulster County Legislature further finds and determines that most
plastic bags do not biodegrade; over time, the bags break down into
smaller, more toxic petro-polymers, which eventually contaminate soils
and waterways affecting the environment and human health.
D.
The Ulster County Legislature further finds and determines that it
is estimated that plastic bags account for over 10% of debris that
washes up on the United States coastlines.
E.
The Ulster County Legislature further finds and determines that plastic
bags can have a devastating effect on wildlife; birds can become entangled
in the bags and different species of sea life can die from ingesting
plastic bags, which they mistake for food.
F.
The Ulster County Legislature further finds and determines that United
States retailers spend approximately $4 billion annually to purchase
disposable bags, costs that are passed on to the consumer in the form
of higher prices. Municipalities are spending millions of dollars
to clean up and dispose of plastic bags.
G.
The Ulster County Legislature further finds and determines that less
than 5% of plastic bags are recycled, in part, due to the fact that
it costs more to recycle a bag than to produce a new one.
H.
The Ulster County Legislature further finds and determines that several
nations around the world have banned or are moving towards banning
the distribution of plastic bags, and 12 municipalities in New York
State have implemented some combination of bans and/or fees for carryout
bags, including the Village of New Paltz.
I.
The Ulster County Legislature further finds and determines that studies
document that banning plastic checkout bags and placing a mandatory
charge on recyclable paper checkout bags will dramatically reduce
the use of both types of bags and increase the customers' use
of reusable bags. "An Analysis of the Impact of Single-Use Plastic
Bags" by the New York State Plastic Bag Task Force, created by Governor
Cuomo in 2017, issued on January 13, 2018, supports the same.
J.
The hybrid solution has proven effective throughout the United States
and the international community in reducing plastic bag use and encouraging
the switch to reusable bags. Communities such as Los Angeles, California,
have documented success with the ban/fee hybrid since its adoption
in 2012, showing a 94% reduction in carryout bag consumption.
K.
The Ulster County Legislature further finds and determines that reusable
bags are readily available with numerous sources and vendors for such
bags.
L.
Therefore, the purpose of this chapter is to encourage consumers
in Ulster County to use their own reusable bags by prohibiting retail
stores in Ulster County from providing plastic carryout bags to their
customers and requiring that a fee be placed on recyclable paper bags
and certain other plastic bags.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment engaged in the retail sale of personal,
consumer or household items, including but not limited to drug stores,
pharmacies, grocery stores, supermarkets, convenience stores, foodmarts,
apparel stores, home center and hardware stores, stationary and office
supply stores, farmers' markets, open-air flea markets and food
service establishments that provide carryout bags to consumers. This
term does not include food service establishments located outside
of grocery stores, supermarkets, convenience stores or food marts.
Any person obtaining goods from a covered store.
A place where prepared food is provided for individual portion
service directly to a customer, whether consumption occurs on or off
the premises.
Any natural person, firm, corporation, partnership or other
organization or group, however organized.
A paper bag that:
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmers' markets,
flea markets and restaurants. The term "retail sales" does not include
sales of goods at yard sales, tag sales, and other sales by residents
at their homes.
A bag with handles that is specifically designed and manufactured
for multiple reuses that is provided by a covered store to its customer
at the point of sale and is capable of carrying 22 pounds over a distance
of 175 feet for a minimum of 125 uses and is either:
A single use plastic bag less than four mils thick that is
provided by a covered store to a customer at the point of sale and
is used to carry goods from such store. "Plastic Carryout Bag" does
not include:
A bag without handles used to carry produce, meats, dry goods
or other non-prepackaged food items to the point of sale within a
store or market or to prevent such food items from coming into direct
contact with other purchased items;
A garment bag or large plastic bag with two openings that is
used to transport clothing from a clothing retailer or garment cleaner
such as a dry cleaner;
A bag provided by a pharmacy to carry prescription drugs.
No covered store shall provide a single-use plastic carryout
bag to any customer, at the checkout stand, cash register, point of
sale or other point of departure, for the purpose of transporting
food or merchandise out of the establishment.
[Amended 2-19-2019 by L.L. No. 1-2019]
All covered stores may provide or make available to customers
recyclable paper bags or reusable bags for the purpose of carrying
away goods or other materials from the point of sale, subject to the
terms of this chapter. Nothing in this chapter prohibits customers
from using bags of any type that they bring to the store themselves
or from carrying away goods that are not placed in a bag, in lieu
of using bags provided by the store.
A.
Except as described in Subsection D, any covered store that provides a recyclable paper bag to a customer must charge that customer a minimum of $0.05 for each bag provided.
[Amended 2-19-2019 by L.L. No.
1-2019]
B.
All covered stores must indicate on the customer receipt the number
of recyclable paper bags provided and the total amount charged for
the bags.
C.
All monies collected by a covered store under this chapter will be
retained by the covered store.
D.
Exemption: All covered stores that provide recyclable paper bags
to customers shall provide such bags free of charge for items purchased
by any person using the New York State Supplemental Nutrition Assistance
Program (SNAP) or New York State Special Supplemental Nutrition Program
for Women, Infants and Children (WIC), as full or partial payment.
[Added 2-19-2019 by L.L. No. 1-2019]
A.
Covered stores may provide their customers with reusable bags free
of charge for a two-week period each year from April 15 to April 30.
B.
With the exception of the aforementioned fee exemption periods, covered
stores that provide a reusable bag to their customers must charge
a minimum of $0.05 for each bag provided.
C.
All covered stores must indicate on the customer receipt the number
of reusable bags provided and the total amount charged for the bags.
D.
All monies collected by a covered store under this chapter will be
retained by the covered store.
E.
Each covered store is strongly encouraged to educate its staff to
promote reusable bags and to post signs encouraging customers to use
reusable bags.
A.
All covered stores shall post signs at or near the point of sale
located in such covered stores to notify customers of the provisions
of this chapter, as well as the per-bag charge for recyclable paper
bags and reusable bags.
B.
No covered store may make available for sale recyclable paper bags
or reusable bags unless the amount of the sale of each such bag is
separately itemized on the sales receipt.
[Amended 2-19-2019 by L.L. No.
1-2019]
A.
The County Executive shall designate a County department or departments to have primary responsibility for the implementation of this chapter. The director of the designated department(s) shall complete an education campaign by December 31, 2019, informing the public and covered stores about the requirements of this chapter. After December 31, 2019, the director shall begin enforcement efforts as described in § 298-10 herein. The director of the designated department(s) is authorized to promulgate rules and regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines and entering the premises of any store during business hours.
B.
A copy of the rules and regulations will be provided to the Clerk
of the Legislature before they are publicly disseminated.
A.
If it is determined that a violation of this chapter has occurred,
a written warning notice will be issued to the operator of a covered
store that a violation has occurred and the potential penalties that
will apply for future violations.
B.
Any covered store that violates or fails to comply with any of the
requirements of this chapter after a written warning notice has been
issued for that violation shall be guilty of an infraction.
C.
If a covered store has subsequent violations of this chapter that
are similar in kind to the violation addressed in a written warning
notice, the following penalties will be imposed and shall be payable
by the operator of the store:
(1)
A fine not exceeding $100 for the first violation after the written
warning notice is given;
(2)
A fine not exceeding $250 for the second violation after the written
warning notice is given; or
(3)
A fine not exceeding $500 for the third and any subsequent violations
after the written warning notice is given.
D.
A fine shall be imposed for each day a violation occurs or is allowed
to continue.
E.
All fines collected pursuant to this chapter shall be used to assist
the County with its costs of implementing and enforcing the requirements
of this chapter and/or for public education and outreach.
This chapter shall apply to all actions occurring on or after
the effective date of this chapter.
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall be null and void on the day that statewide
legislation goes into effect incorporating either the same or substantially
similar provisions as are contained in this chapter or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Ulster.
The Ulster County Legislature may determine by resolution whether
or not identical or substantially similar statewide legislation or
pertinent preempting state or federal regulations have been enacted
for the purposes of triggering the provisions of this section.
This chapter shall take effect July 15, 2019.
