Add Art 27 Title 34 §§27-3401 - 27-3445, §37-0202, En Con L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5322D
SPONSOR: Glick 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 organization will be
selected.
§ 27-3405 establishes the responsibilities of packaging reduction organ-
izations
§ 27-3407 establishes a time frame of two years for the packaging
reduction 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 six months of approval or no later than two 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 department with-
in sixty days of the advisory council's recommendation provide a deter-
mination of the plan. Such plan shall be implemented no later than six
months after the date the plan is approved.
§ 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.
§ 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. Additionally, it provides the requirements for
exemption from the requirements and prohibitions of this title.
§ 27-3419 states the responsibilities of the department
§ 27-3421 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.
§ 27-3423 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.
§ 27-3425 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, Lastly, this section establishes the toxic
packaging working group and states the penalties for violating this
section.
§ 27-3427 sets requirements for producers, which include reduction of
the amount of non-reusable packaging used to contain, protect, deliver,
present, or distribute products by ten percent by weight within three
years of registration with a organization. The amount of packaging must
be further reduced every five, eight, ten, and twelve years after regis-
tration with an organization by twenty, thirty, forty, and fifty
percent, respectively.
§ 27-3429 establishes minimum amounts of recycled materials that glass
containers, paper carryout bags, and plastic trash bags manufactured and
sold in the state must contain.
§ 27-3431 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 2028, with increases to
fifty and seventy-five percent by 2035 and 2050 respectively. This
section also creates a waiver process if certain criteria cannot be met.
§ 27-3433 establishes the office of recycling inspector general, and
outlines the responsibilities and powers granted to the role.
§ 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, recycling inspector general, 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. Additionally, it requires that when promulgat-
ing 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 $1 million who sell or distribute certain
materials and products to reduce packaging, improve recycling and recy-
cling infrastructure, not allow processes that produce toxic byproducts,
including advanced recycling, 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 sustain-
able packaging. 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:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
