Bill Text: NY A02521 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits the sale or commercial use of polystyrene as a packing material.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A02521 Detail]

Download: New_York-2019-A02521-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2521
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2019
                                       ___________
        Introduced by M. of A. ENGLEBRIGHT, COOK, SIMON -- Multi-Sponsored by --
          M.  of  A.   COLTON, CYMBROWITZ, DINOWITZ -- read once and referred to
          the Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          polystyrene loosefill packaging material
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 28 to read as follows:
     3                                   TITLE 28
     4                  POLYSTYRENE LOOSEFILL PACKAGING MATERIAL
     5  Section 27-2801. Polystyrene loosefill packaging material.
     6  § 27-2801. Polystyrene loosefill packaging material.
     7    1. For the purposes of this title,  the  following  definitions  shall
     8  apply:
     9    (a) "Manufacturer" means a person who manufactures loosefill packaging
    10  material composed of expanded polystyrene.
    11    (b)  "Recycled material" means material from any of the following that
    12  has been diverted from landfill disposal including:
    13    (i) Material derived from a  finished  polystyrene  product  that  has
    14  completed its intended end use and product life cycle.
    15    (ii)  Material derived from a blemished, flawed, or otherwise unusable
    16  finished polystyrene product.
    17    (iii) Material derived from manufacturing and fabrication  scrap  from
    18  production of a finished polystyrene product.
    19    (c)  "Wholesaler"  means  a  person who purchases expanded polystyrene
    20  loosefill packaging for resale in this state.
    21    2. Except as provided in subdivision three of  this  section,  on  and
    22  after  January  first, two thousand twenty, a wholesaler or manufacturer
    23  shall not sell or offer for sale  in  this  state  expanded  polystyrene
    24  loosefill packaging material.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05903-01-9

        A. 2521                             2
     1    3.  Subdivision two of this section shall not apply to expanded polys-
     2  tyrene loosefill packaging material  composed  of  expanded  polystyrene
     3  that complies with the following requirements:
     4    (a)  On  and  after January first, two thousand twenty, until December
     5  thirty-first, two thousand twenty-one, inclusive, it is comprised of  at
     6  least sixty percent recycled material.
     7    (b)  On and after January first, two thousand twenty-two, until Decem-
     8  ber thirty-first, two thousand twenty-four, inclusive, it  is  comprised
     9  of at least eighty percent recycled material.
    10    (c)  On  and  after  January  first,  two  thousand twenty-five, it is
    11  comprised of one hundred percent recycled material.
    12    § 2. This act shall take effect immediately.
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