BILL NUMBER: S1464A
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 states the short title.
Section 2 amends the environmental conservation law by adding a new
title 34 as follow:
§ 27-3401 establishes definitions.
§ 27-3403 establishes how the packing reduction and recycling organiza-
tion will be selected.
§ 27-3405 establishes the responsibilities of packaging reduction and
recycling organizations
§ 27-3407 establishes a time frame of thirty months for the packaging
reduction and recycling organization to submit plans for approval by the
department. Such plan shall cover five years and be updated every five
years follow- ing the approval of the original plan. Producers must
implement the plan within one year of approval or no later than four
years from the effec- tive date of the bill. Additionally, this section
establishes guidelines for creating a packaging reduction and recycling
plan.
§ 27-3409 establishes guidelines for the packaging reduction and recycl-
ing plan approval process. Including requiring that the depaitment with-
in sixty days of the advisory council's recommendation provide a deter-
mination of the plan.
§ 27-3411 establishes a packaging reduction and recycling advisory coun-
cil, created to review plans and make recommendations to the department.
This section also provides guidelines for the selection of council
members, and outlines council procedure.
§ 27-3413 states packaging reduction and recycling organization shall
establish program participation fees, based on a fee schedule promulgat-
ed by DEC, for producers through the plan this title, which shall be
sufficient to cover all costs of the program including reimbursement of
municipalities for packaging waste and recycling. Fees will be ecomodu-
lated with the most sustainable packaging receiving the lowest fees.
Ecomodulated fees are phased in after two years.
§ 27-3415 establishes guidelines for collection and convenience
§ 27-3417 states the responsibilities of producers, which include regis-
tering with a packing reduction and recycling organization, payment of
fees to the organization, and meeting the toxic substances reduction
requirement of the title.
§ 27-3419 states the responsibilities of the depaiment
§ 27-3421 states the responsibilities of service providers
§ 27-3423 establishes that no later than one year after the effective
date of this section, the department shall complete or cause to be
completed a statewide packaging reduction, reuse, and recycling needs
assessment to determine the current state of packaging reuse, recycling,
and disposal, and identify barriers and opportunities to and disposed
of, and increase the reusability and recyclability of packaging. The
assessment shall be updated every five years.
§ 27-3425 states that each packaging reduction and recycling organiza-
tion shall develop and implement an educational outreach program
designed to educate the public about waste reduction and improve the
effectiveness of municipal recycling, and provides guidelines for the
creation of such program.
§ 27-3427 prohibits any person or entity from selling, offering for
sale, or distributing into the state any packaging containing certain
toxic substances. Additionally, this section provides a list of the
aforementioned substances.
§ 27-3429 sets non reusable packaging reduction standardsfor producers,
which include reduction of the amount of non-reusable packaging used to
contain, protect, withinthree years of registration with an organiza-
tion. The amount of packaging must be further reduced every three, five,
eight, ten, and twelve years after registration with an organization by
ten, fifteen, twenty, twen- ty-five, thirty percent, respectively. This
section also creates a waiverprocess if certain criteria cannot be met.
§ 27-3431 establishes minimum amounts of recycled content for paper
carryout bags and plastic trash bags sold in the state must contain.
§ 27-3433 establishes criteria materials must meet to be considered
recyclable and sets standards for recycling including recycling at least
twenty-five percent of plastic packaging by 2032, with increases to
fifty and seventy-five percent by 2040 and 2055 respectively. Estab-
lishes reusable or refillable packaging requirements with five percent
of packaging qualifying as reusable or refillable by 2032, ten percent
by 2040, and twenty percent by 2055. This section also creates a waiver
process if certain criteria cannot be met.
§ 27-3435 states that failure to comply with the requirements of this
title shall subject the organization or an individual producer to penal-
ties for violations. Additionally, it establishes how violations will be
handled by the department and attorney general, and the penalties for
violating the requirements of this act. § 27-3437 states that the
department shall promulgate all rules and regulations necessary to
implement, administer, and enforce the provisions of this title. Addi-
tionally, it requires that when promulgating rules pursuant to the
provisions of this section, the department must solicit input from the
public on any draft rule or regulation.
§ 27-3439 states that jurisdiction in matters pertaining to costs and
funding mechanisms packaging reduction and recycling organizations
relating to the recovery of covered materials shall, by this title, be
vested exclusively in the state.
§ 27-3441 states that this title will not preclude a producer from
participating in any state or local incentive or assistance program to
which they are otherwise eligible.
§ 27-3443 establishes anti-trust protection for the packaging reduction
organization
§ 27-3445 states that the provisions of this title shall be severable
and if any phrase, clause, sentence or provision of this title or the
applicability thereof to any person or circumstance shall be held inval-
id, the remainder of this title and the application thereof shall not be
affected thereby.
Section 3 amends article 37 of the environmental conservation law to
avoid conflict with the new title 34 of article 27.
Section 4 states 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 (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 reduc-
ing our waste, reusing what we can, and recycling- our current system is
not meeting our environmental demands. Local governments continue to
struggle 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 $5 million who sell or distribute certain
materials and products to reduce packaging, make their packaging more
recyclable and environmentally friendly, and reduce toxins in packaging.
This legislation shifts the onus of recycling and waste hauling for
packaging from municipalities and residents and ensures that producers
of products are serving our interests by establishing solutions to
sustainable packaging. Thus far, many states and other countries have
implemented similar programs including Maine, Oregon, Colorado, Califor-
nia, Minnesota, Maryland, Europe, Canada, and India, New York State must
follow suit to meet the moment for environmental accountability.
 
LEGISLATIVE HISTORY:
2023-24: A.5322 Ordered to third reading
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately