BILL NUMBER: S1460
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing an extended producer responsibility program for designated
products; and to amend the state finance law, in relation to establish-
ing an extended producer responsibility program fund
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill provides a framework for extended producer responsibility that
would permit the Department of Environmental Conservation to designate
products for which producers would be responsible for collection and
reuse, recycling, or disposal.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends the heading of article 27 of the environ-
mental conservation law to read as Reduction, Collection, Reuse, Recycl-
ing, Treatment and Disposal of Solid Waste and Extended Producer Respon-
sibility.
Section two of the bill amends section 27-0101 of the environmental
conservation law to state that it is a purpose of the legislature to
promote extended producer responsibility (EPR) in New York and to set
forth the beneficial effects of EPR programs.
Section three of the bill amends article 27 of the environmental conser-
vation law by adding a new title 16, which provides for extended produc-
er responsibility programs for products to be designated by the depart-
ment of environmental conservation (DEC) and a method by which products
to be covered by such a program are to be designated.
Section 27-1601 of the new title sets forth definitions.
Section 27-1603 of the new title requires producers of products desig-
nated to be covered by an EPR program to submit collection plans for the
approval of the DEC.
Section 27-1605 of the new title specifies responsibilities of produc-
ers.
Section 27-1607 of the new title specifies responsibilities of retail-
ers, distributors, and wholesalers.
Section 27-1609 of the new title specifies the responsibilities of the
DEC.
Section 27-1611 of the new title authorizes DEC to promulgate any rules
and regulations necessary to implement the new title.
Section 27-1613 of the new title provides for penalties for failure to
comply.
Section 27-1615 of the new title requires the DEC to publish a yearly
report that reviews and evaluates existing EPR programs in the state,
and to designate any additional products or product categories that are
to be covered by EPR requirements in the future. Section 27-1615
provides that such designation goes into effect on the date determined
by the DEC unless the legislature modifies the date or rejects the
proposed designation.
Section 27-1617 of the new title provides for severability.
Section four of the bill amends the state finance law by adding new
section 92-kk establishing the extended producer responsibility program
fund.
Sections five and six of the bill amend section 71-1701 of the environ-
mental conservation law to add the new title 16 to the provisions to
which title 17 of article 71 apply.
Section seven of the bill sets forth the effective date.
 
JUSTIFICATION:
Extended producer responsibility (EPR) is an approach that holds
manufacturers and producers responsible for the life cycle of their
products, including post-consumer disposal, while also incentivizing
manufacturers and producers to design products that are easier to reuse,
recycle, or dispose of safely. EPR programs shift the financial costs of
disposing of such products from municipalities onto the manufacturers
and producers.
EPR programs also help reduce the negative environmental impact of
products and create economic benefits. Production processes that extract
or create new materials that are incorporated into products that are
then used and disposed of contribute to climate change and the depletion
of the planet's finite resources. The incentives EPR provides for
producers to design products with post-consumer collection, recycling,
or disposal in mind can lead to a reduction in waste, as well as an
increase in the use of sustainable materials and production methods.
Producers can reduce their reliance on non-renewable resources and
increase their efficiency, leading to cost savings that can be passed on
to the consumers. In conjunction with the creation of economic benefits,
EPR can create good jobs and careers in the recycling and waste manage-
ment sectors and support local economies.
To date, the legislature has enacted laws that create EPR for specific
products, such as carpeting (enacted in 2022). This bill, by creating a
framework for DEC to study the feasibility and potential benefits of EPR
for other products on an ongoing basis, and designate certain products
to be included in EPR programs, will help ensure that New York keeps up
with best practices in recycling and disposal techniques and realizes
the full potential of EPR to save localities money, to reuse, recycle,
and dispose of products safely, to promote good jobs and a vibrant econ-
omy, and to achieve the state's goals to mitigate contributions to
climate change and conserving resources.
 
PRIOR LEGISLATIVE HISTORY:
2024: S6540 (Kavanagh) - REFERRED TO ENVIRONMENTAL CONSERVATION
2023: S6540 (Kavanagh) - REFERRED TO ENVIRONMENTAL CONSERVATION
 
FISCAL IMPLICATIONS:
The State costs of any EPR programs for products designated pursuant to
the new title would be borne by the producers; localities would likely
save money on disposal costs.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1460: 27-0101 environmental conservation law, 71-1701 environmental conservation law