BILL NUMBER: S4246D
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
year. 14 million tons of waste is produced by New York City alone. 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%. 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 revenue over $5 million who produce more than two tons
per year of certain packaging and single-use plastic products to reduce
packaging, improve recycling and recycling infrastructure, financially
support municipal recycling programs, and reduce toxics in packaging.
This legislation shifts the onus of recycling from municipalities and
ensures that producers of packaging and single-use plastic products are
serving our interests by establishing solutions to sustainable packag-
ing. Thus far, Maine, Oregon, Colorado, California, and Minnesota have
implemented similar programs. New York State must follow suit to meet
the moment for environmental accountability.
 
LEGISLATIVE HISTORY:
2023: Reported from Environmental Conservation, died in Finance.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediately.