New York State EPR Update

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See Assembly Version of this Bill:A1749Current Committee:Senate Environmental ConservationLaw Section:Environmental Conservation LawLaws Affected:Add Art 27 Title 34 §§27-3401 - 27-3445, §37-0202, En Con LVersions Introduced in 2023-2024 Legislative Session:S4246, A5322

Enacts the "packaging reduction and recycling infrastructure act" to require companies selling, offering for sale, or distributing packaging materials and products to register with a packaging reduction organization to develop a packaging reduction and recycling plan.

                                

BILL NUMBER: S1464



SPONSOR: HARCKHAM

 

TITLE OF BILL:



An act to amend the environmental conservation law, in relation to

enacting the packaging reduction and recycling infrastructure act



 

PURPOSE:



Enacts the "Packaging Reduction and Recycling Infrastructure Act"



 

SUMMARY OF PROVISIONS:



Section 1 provides the title of the act.



Section 2 establishes a new Title 34 of Article 27 the Environmental

Conservation Law to create a packaging and single-use plastics extended

producer responsibility program. Key components of the program estab-

lished by the bill include:



1. Providing for packaging producers to register with a packaging

              

reduction and recycling organization (PRRO).



2. Requiring the PRRO to develop a plan for implementing the program and

fulfilling producer responsibilities on behalf of producers, and for

review and approval of the plan by the Department of Environmental

Conservation (DEC).



3. Establishing an advisory council to assist DEC with reviewing the

plan and carrying out its programmatic responsibilities.



4. Requiring the PRRO to develop a funding mechanism by which producers

will pay fees to the PRRO based on the nature of their products and the

state's waste infrastructure needs in order to finance DEC's costs, the

PRRO's operations, and the needed infrastructure and contracts to

provide for collection and processing of producers' packaging and

single-use plastic products, and reimbursement of municipalities for

providing waste management services.



5. Establishing collection and convenience standards that the PRRO must

meet for end-of-life stewardship of their products.



6. Setting forth producer responsibilities, including recycling, waste

reduction, recycled content, product stewardship, program fees, and

reporting.



7. Establishing DEC's responsibilities for overseeing the program.



8. Requiring a needs assessment of the state's waste system infrastruc-

ture with respect to the products covered by the program.



9. Development by the PRRO of an education and outreach program for

consumers so that they know how to properly dispose of and recycle

covered products.



10. Prohibitions on the use of toxic substances and materials in packag-

ing products.



11. Establishment of recyclability standards that producers must meet.



12. Creation of a Recycling Inspector General to ensure program integri-

ty and enforcement.



Section 3 ensures there is no conflict with existing hazardous packaging

standards.



Section 4 provides the effective date.



 

JUSTIFICATION:



The average New Yorker creates nearly 5 pounds of trash every day, which

means our state produces approximately 15 million tons of waste each

years(1). 14 million tons of waste is produced by New York City

alone(2). This waste primarily goes to landfills and incinerators, but

can often end up in our water, natural habitats, and municipal spaces.



The 2021 recycling rate for the United States has been estimated to be

between 5-6%(3). While New Yorkers understand the importance of reducing

our waste, reusing what we can, and recycling our current system is not

meeting our environmental demands. Local governments continue to strug-

gle with recycling costs and infrastructure, which is seen through

increased taxes or significantly limited materials that can be

collected.



The Packaging Reduction and Recycling Infrastructure Act would require

companies with net income over $1 million who sell or distribute certain

materials and products to reduce packaging, improve recycling and recy-

cling infrastructure, financially support municipal recycling programs,

and reduce toxins in packaging. This legislation shifts the onus of

recycling from municipalities and ensures that producers of products are

serving our interests by establishing solutions to sustainable packag-

ing. Thus far, four states have implemented similar programs including

Maine, Oregon, Colorado and California. New York State must follow suit

to meet the moment for environmental accountability.



 

LEGISLATIVE HISTORY:



S4246D/A5322B of 2024 - Passed Senate/3rd Reading



 

FISCAL IMPLICATIONS:



To be determined.



 

EFFECTIVE DATE:

This act shall take effect immediately.

1 https://www.dec.ny.govichemica1/294.html

2 https://www.nye.aovisite/sustainabilitv/codes/

waste.page :-:text=NewcY020York%20City%20produces%

20more,pollutes%20our~/020streets%20and%20waterways.

(3) https://phys.orginews/2022-05-plastic-

recycled.html :-:text=%22The%2Ocur rent%202021%20U.S . %20plastic,rate

%20may%20be%20even%20lower.%22