Requires manufacturers to meet certain standards with their packaging in New York state to reduce waste; establishes the guidelines and sets a timetable by which manufacturers must comply with these provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3941
SPONSOR: Colton (MS) TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the reduction and recycling of packaging
PURPOSE OR GENERAL IDEA OF BILL/PROVISIONS:
This bill would require all packaging sold in New York State after Janu-
ary 1, 2014, to be "environmentally sound." Packaging would qualify as
"environmentally sound" if it is "reduced," "reusable," "recycled" or
"recyclable." Standards defining these terms would rely on existing DEC
regulations as adopted pursuant to the State Solid Waste Management Act
of 1988. Within five years of enactment, however, to qualify as a "recy-
cled" package, 45% post-consumer recycled content would be required.
Labels indicating compliance from the Act's provisions would be required
on all packaging. Unconditional exemptions are provided for packaging
necessary to comply with federal food, drug and cosmetic laws and regu-
lations, packaging for products in concentrate form, and certain not-
for-profit organizations and inventories of packaging manufactured prior
to 2002. Conditional exemptions may be authorized by DEC for packaging
for which no alternative is available.
The Departments of Agriculture and Markets, and Environmental Conserva-
tion would assume primary enforcement responsibility, civil penalties
would be established for violations of the law, and a private right of
action would also be authorized.
Civil penalties would be established of up to $50 for each unit of pack-
aging not in compliance, or $500 for each intermediate package or ship-
ping container not in compliance, with the maximum penalty not to exceed
$20,000 for any shipment of packaging. Civil actions would also be
established.
JUSTIFICATION:
The State Solid Waste Management Act of 1988 directed all municipalities
to engage in mandatory source separation of recyclable materials from
trash. The State Solid Waste Management Plan and 19 corresponding DEC
regulations require municipalities to demonstrate a 40% level of solid
waste recycling. Packaging comprises more than one-third of the munici-
pal solid waste stream and at the same time, is recognized as a major
potential market for secondary materials collected under municipal
programs. Municipalities, with limited State assistance, now bear virtu-
ally sole responsibility for marketing source-separated recyclables.
This bill would require packaging manufacturers to share in that respon-
sibility by requiring packaging sold in New York State to be specif-
ically designed for reduction, reuse or recycling, or contain a signif-
icant percentage of recycled materials. The legislation is modeled after
existing and proposed laws in other states, and builds upon an existing
New York State law restricting the heavy metal content of pack- aging
sold in the State. This initiative is also consistent with recent State
laws vesting the manufacturers and retailers of materials that often
must be managed as solid waste (e.g., lead acid batteries and motor
oil), with increased responsibility for the reduction, reuse and recycl-
ing of those materials.
LEGISLATIVE HISTORY:
2013-14: A.1691/EnCon
2011-12: A.3543/Encon
2009-10: A.4109/Encon
This bill dates back to the 1993-94 legislation session and has been
re-introduced in almost every session since them.
FISCAL IMPLICATIONS:
Some increased costs to DEC for revisions of existing regulations and
review of applications for conditional exemptions, with authorization to
establish fees sufficient to cover agency costs.
EFFECTIVE DATE:
This act shall take effect immediately.
