[Adopted 4-9-2019 by L.L.
No. 15-2019]
This Legislature hereby finds and determines that the County
of Suffolk is a national leader in the field of environmental protection,
as it strives to protect the natural resources and beauty of Long
Island. This Legislature also finds and determines that the County
has enacted a wide variety of environmental protection laws, from
the establishment of farmland and open space preservation programs
to recent legislation which imposed a fee on single-use plastic bags
and established a task force to reduce the consumption of single-use
plastics locally. This Legislature further finds and determines that
straws contribute to plastic pollution that litters the ground and
clogs oceans, rivers and waterways. This Legislature finds that while
many plastics are recyclable, plastic straws are so lightweight that
they are not captured by mechanical sorters that pick up waste. As
a result, straws are frequently found as pollution debris in our environment,
parks and beaches. This Legislature determines that the County owns
and stewards a vast network of parkland to provide passive and active
outdoor recreation opportunities while preserving the natural beauty
of Long Island. This Legislature also finds that concessions are available
at some County parks with active recreation areas, which offer food
and drinks for sale to park visitors. Presently, many of these concessionaires
provide plastic drinking straws, cups and utensils to customers with
the products they sell. This Legislature further finds that there
are a number of alternatives to single-use plastics, including products
made from paper, bamboo or other biodegradable materials. This Legislature
determines that in order to better protect the pristine nature of
County parkland, reduce litter and encourage environmentally sustainable
practices, concessionaires in Suffolk County parks should be required
to provide disposable straws, cups and utensils to its customers which
are biodegradable. Therefore, the purpose of this article is to require
that all future contracts with concessionaires at County parks include
a clause prohibiting the use of plastic or nonbiodegradable single-use
plastic beverage straws, cups and utensils.
As used in this article, the following terms shall have the
meanings indicated:
A tube used for transferring a beverage from its container
to the mouth of a consumer.
The ability of a material to break down, within one year,
into natural materials in the natural environment without causing
harm.
A physical, intellectual or sensory impairment that substantially
limits one or more major life activities.
Any illness, disease, disorder or injury that requires medical
treatment.
A synthetic material made from organic polymers, including,
but not limited to, polypropylene and polystyrene, that can be molded
into shape while soft, and then set into a rigid or slightly elastic
form.
A product that is designed and intended to be used only once
and is generally recognized by the public as an item that is to be
discarded after one use.
A fork, spoon, knife or beverage stirrer.
A.
All concession licenses and license renewals entered into by the
Suffolk County Department of Parks, Recreation and Conservation on
or after the effective date of this article shall contain a provision
barring the concessionaire from selling or distributing single-use
cups, utensils, plates, trays, bowls, or beverage straws made from
plastic or other nonbiodegradable substances. This restriction shall
not apply to prepackaged individual serving beverages where a small
plastic straw is included in the packaging.
B.
Concessionaires may provide suitable beverage straws, including those
prohibited by this section, to an individual that requires a plastic
straw due to a disability or medical condition.
This article shall apply to all concession license contracts
and license renewals entered into pursuant to requests for proposals
issued by the Department of Parks, Recreation and Conservation on
or after the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or
part of this article 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 article,
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.
