January 3, 2020

Kayla Montanye
NYSDEC
625 Broadway
Albany, NY 12233-7253

RE: Comments on Proposed Part 351

Dear Ms. Montanye:

Last year I was proud to support legislation to ban the distribution of single-use plastic carryout bags in
New York State. These bags have a significant negative impact on our shared environment; curtailing their use
and encouraging consumers to switch to reusable bags is a small but vital part of a comprehensive
environmental policy. However, I am concerned that the regulations recently proposed by DEC to implement
the new law will create loopholes that undermine the effectiveness of the statute.

Most pressingly, I am concerned that the inclusion of thickness requirements in the definitions of both
“film plastic” (351-1.2(g)) and “reusable bag” (351-1.2(n)(i)) is not only unnecessary, but will result in the
distribution of free, thicker single-use carryout bags. Such an outcome, which has occurred in other jurisdictions
that have relied on thickness requirements, would leave New York worse off than we were with no ban in place.
These definitions should not mention thickness at all.

Further, item 351-1.2(f)(12) under the definition of “exempt bag” is too open-ended, and would allow
the Department now or in future to go further than the Legislature intended by creating new additional
exemptions. The statute already specifically enumerates those film plastic bags for which the Legislature
determined “there is no reasonable or practical alternative.” Any significant changes to that list beyond
clarifications that further the overall intent of the bill should be made by the Legislature, not the Department.

It is critically important that these rules be written as clearly and tightly as possible, to remove any
uncertainty for businesses and consumers, and to ensure that the law is implemented as the Legislature intended.
Thank you for your consideration.

Sincerely,

Liz Krueger

cc: Basil Seggos, Commissioner, NYSDEC