A09790 Summary:

COSPNSRGlick, Colton, Lifton, O'Donnell, Jaffee, Thiele, Abinanti, Williams, D'Urso, Carroll, Epstein, Lentol, Cook, Magnarelli, Rosenthal L, Ortiz, Simotas, Simon, Stirpe, Mosley, Blake, Hyndman, Barron, Griffin, Taylor, Davila, Niou
Add Art 27 Title 30 §§27-3001 - 27-3017, En Con L
Relates to requiring producers to establish a plan to collect packaging in the state; defines terms; establishes requirements for a producer plan; requires the department to maintain a list of producers implementing plans; requires reports; requires packaging contain at least 25% postconsumer recycled content beginning on January 1, 2025.
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A09790 Actions:

02/11/2020referred to environmental conservation
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A09790 Committee Votes:

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A09790 Floor Votes:

There are no votes for this bill in this legislative session.
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A09790 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    February 11, 2020
        Introduced  by  M.  of A. ENGLEBRIGHT, GLICK, COLTON, LIFTON, O'DONNELL,
          BLAKE,  HYNDMAN,  BARRON,  GRIFFIN,  TAYLOR,  DAVILA  -- read once and
          referred to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          requiring  producers  to  establish a plan to collect packaging in the
          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 30 to read as follows:
     3                                  TITLE 30
     4                         PRODUCER PACKAGING PROGRAM
     5  Section 27-3001. Definitions.
     6          27-3003. Sales prohibition.
     7          27-3005. Producer plan.
     8          27-3007. Program responsibilities.
     9          27-3009. Department responsibilities.
    10          27-3011. Reporting requirements.
    11          27-3013. Postconsumer recycled content.
    12          27-3015. Collective participation.
    13          27-3017. Waste characterization.
    14  § 27-3001. Definitions.
    15    When used in this title:
    16    1. "brand" means a name, symbol, word, or mark that identifies a prod-
    17  uct, rather than its components, and attributes the product to the owner
    18  of the brand as the producer.
    19    2.  "disposable  food  service container" means all containers, bowls,
    20  plates, trays, cartons, cups, lids and other items that are designed  or
    21  generally recognized by the public as being designed for one-time use to
    22  hold,   contain,  or  transport  foods,  including  without  limitation,
    23  containers for takeout foods and/or leftovers  from  partially  consumed
    24  meals prepared by retail food vendors.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

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     1    3.  (a)  "packaging"  means  the  material  used  for the containment,
     2  protection, handling, delivery, or presentation of goods by the producer
     3  for the user or consumer, ranging from raw materials to processed  goods
     4  and  which is capable of being removed and discarded when the product is
     5  put  in  use without adverse effect on the quality or performance of the
     6  product.  Packaging includes, but is not limited to, all of the  follow-
     7  ing:
     8    (i)  sales  packaging  or  primary  packaging intended to constitute a
     9  sales unit to the consumer at point of purchase;
    10    (ii) grouped packaging or secondary packaging  intended  to  brand  or
    11  display the product;
    12    (iii)  transport  packaging  or tertiary packaging intended to protect
    13  the product during transport; and
    14    (iv) disposable food service containers.
    15    (b) Packaging does not include any of the following:
    16    (i) packaging containing toxic or hazardous products regulated by  the
    17  federal  insecticide,  fungicide,  and rodenticide act (7 U.S.C. section
    18  136 et seq.);
    19    (ii) plastic packaging containers that are manufactured for use in the
    20  shipment of hazardous materials and are prohibited from  being  manufac-
    21  tured  with  used  material by federal packaging material specifications
    22  set forth in sections 178.509 and 178.522 of title 49  of  the  code  of
    23  federal regulations;
    24    (iii)  packaging containing drugs or medical devices as defined in the
    25  federal food, drug, and cosmetic act (21 U.S.C. section 301 et seq.);
    26    (iv) beverage containers subject to title ten of this article; and
    27    (v) reusable packaging.
    28    4. "postconsumer recycled content" means the content of a product made
    29  from recycled materials derived from material that has been discarded as
    30  solid waste having completed its life cycle as a consumer item.
    31    5. (a) "producer" means a person who:
    32    (i) has legal ownership of the brand, brand name,  or  co-brand  of  a
    33  product  to  which  packaging  is  applied,  that  is  sold in, into, or
    34  distributed for use in the state;
    35    (ii) if subparagraph (i) of this paragraph  does  not  apply,  is  the
    36  first  importer of a product into the state, to which packaging has been
    37  applied, for sale in, into, or distribution for use in the state;
    38    (iii) if subparagraph (ii) of this paragraph does not apply, sells  at
    39  retail  a product, to which packaging has been applied, acquired from an
    40  importer that is the producer; or
    41    (iv) elects to assume the responsibility and register  in  lieu  of  a
    42  producer  as defined under subparagraphs (i) through (iii) of this para-
    43  graph.
    44    (b) Producer does not mean  a  person  who  generates  less  than  one
    45  million  dollars  in  annual  revenues or less than one ton of packaging
    46  supplied within the state per year.
    47    (c) Retailers that are not producers are exempt from the  requirements
    48  of this title.
    49    6. "source reduction" means any action which causes a net reduction in
    50  the  generation  of  solid  waste  and  includes, but is not limited to,
    51  reducing the use of nonrecyclable materials, replacing disposable  mate-
    52  rials  and products with reusable materials and products, reducing pack-
    53  aging, and increasing the efficiency of the  use  of  materials.  Source
    54  reduction does not include replacing a recyclable material with a nonre-
    55  cyclable  material or a material that is less likely to be recycled, and

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     1  does not include a shift from a nonplastic material  that  currently  is
     2  recyclable to plastic material.
     3  § 27-3003. Sales prohibition.
     4    1.  Beginning  January first, two thousand twenty-three, a producer of
     5  packaging shall not sell, offer for sale, or distribute plastic  packag-
     6  ing  in the state unless the producer is implementing a plan approved by
     7  the department pursuant to paragraph (a) of subdivision one  of  section
     8  27-3005 of this title.
     9    2.  Beginning  January  first,  two thousand twenty-six, a producer of
    10  packaging shall not sell, offer for sale, or distribute packaging of any
    11  material type in the state unless the producer is  implementing  a  plan
    12  approved  by the department pursuant to paragraph (b) of subdivision one
    13  of section 27-3005 of this title.
    14  § 27-3005. Producer plan.
    15    1. (a) No later than July first, two thousand twenty-two, a  producer,
    16  either individually or cooperatively, shall submit to the department for
    17  the  department's  approval  a  plan  for the establishment of a plastic
    18  packaging program.
    19    (b) No later than July first, two thousand  twenty-five,  a  producer,
    20  either individually or cooperatively, shall submit to the department for
    21  the  department's  approval  a plan for the establishment of a packaging
    22  program and/or a plan for the expansion of an existing plastic packaging
    23  program to include additional packaging materials.
    24    2. A plan submitted by the  producer  to  the  department  under  this
    25  section shall:
    26    (a) provide a list of each participating producer and brand covered by
    27  the program;
    28    (b) provide information on the packaging covered under the program;
    29    (c)  provide information on the amount of packaging the producer sells
    30  in or into the state each year, by type;
    31    (d) describe how the producer will achieve the  collection  of  eighty
    32  percent  of the producer's packaging in the state, including the methods
    33  that will be used for collection;
    34    (e) describe the extent to which the  program  will  utilize  existing
    35  municipal programs and infrastructure;
    36    (f)  describe  the extent to which the program will be consistent with
    37  the state solid waste management policy identified under section 27-0106
    38  of this article and local solid waste management plans;
    39    (g) describe the extent to which the program will achieve  the  source
    40  reduction  of  the  producer's  packaging,  including but not limited to
    41  reducing the amount of material used and designing for reuse;
    42    (h) describe the anticipated costs to the producer of implementing the
    43  program and any anticipated savings;
    44    (i) describe in detail education and outreach  efforts  that  will  be
    45  implemented  to  inform  consumers  about the program and how to partic-
    46  ipate; and
    47    (j) provide any other information the department may require.
    48    3. The producer shall update the plan when there are changes  proposed
    49  to  the current program. A new plan or amendment shall be required to be
    50  submitted to the department for approval when:
    51    (a) there is an addition to the packaging covered under the program;
    52    (b) there is a material change to the program; or
    53    (c) every four years from the date of approval of a previous plan.
    54  § 27-3007. Program responsibilities.
    55    1. A packaging program shall:

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     1    (a) achieve the collection of at least eighty percent of  the  produc-
     2  er's packaging:
     3    (i) in each planning unit, as defined in section 27-0107 of this arti-
     4  cle; and
     5    (ii) in each municipality that is not part of a planning unit;
     6    (b) provide widespread, convenient, and equitable access to collection
     7  opportunities  for  the producer's packaging in the state, including the
     8  collection of packaging from residential  premises.  Collection  options
     9  may include, but are not limited to:
    10    (i) collection facilities and services provided by the producer; and
    11    (ii)  collection  services  provided  by  existing municipal programs,
    12  provided that if municipalities agree to participate in  the  producer's
    13  program,  the program shall provide for payments to municipalities to be
    14  determined in a manner that results in the  total  amount  paid  to  all
    15  municipalities  under  the  program  being  equal to the total net costs
    16  incurred by municipalities as a result of the program;
    17    (c) source reduce the  producer's  packaging  to  the  maximum  extent
    18  feasible; and
    19    (d) provide effective education and outreach efforts to inform consum-
    20  ers  about  the  program,  including a website and a toll-free telephone
    21  number, which shall include, at a minimum, information on how  consumers
    22  may access and use collection services.
    23    2. A producer shall maintain records demonstrating compliance with the
    24  provisions  of  this  title  and  make  them  available  for  audit  and
    25  inspection by the department for a period of three years.   The  depart-
    26  ment  shall  make  such  records available to the public upon request in
    27  accordance with the provisions of the state freedom of  information  law
    28  and  the regulations promulgated thereunder. Record holders shall submit
    29  the records required to comply with the  request  within  sixty  working
    30  days  of  written  notification  by  the  department  of  receipt of the
    31  request.
    32    3. A producer shall be responsible for all costs associated  with  the
    33  implementation  of  the  packaging program and shall not impose a fee on
    34  consumers for the collection of packaging.  A producer shall  pay  costs
    35  incurred  by  the  state  in  the administration and enforcement of this
    36  title. Exclusive of fines and penalties, the state  shall  only  recover
    37  its actual cost of administration and enforcement. A producer shall also
    38  reimburse  planning  units  and municipalities for the cost of the waste
    39  characterization study requirement pursuant to section 27-3017  of  this
    40  title.
    41  § 27-3009. Department responsibilities.
    42    1. The department shall promulgate all rules and regulations necessary
    43  for the implementation of this title.
    44    2.  The  department  shall  (a)  maintain  a list of producers who are
    45  implementing or participating in a plan pursuant to section  27-3005  of
    46  this  title, (b) maintain a list of each such producer's brands, and (c)
    47  post such lists on the department's website.
    48  § 27-3011. Reporting requirements.
    49    1. Beginning March first, two thousand twenty-four, for  the  previous
    50  calendar year and annually thereafter, a producer that sells, offers for
    51  sale, or distributes packaging in this state and is implementing a pack-
    52  aging  program  pursuant  to  this  title  shall  submit a report to the
    53  department on a form prescribed by  the  department  that  includes  the
    54  following:
    55    (a)  the  amount  of  packaging  collected for disposing, recycling or
    56  reuse in this state during the preceding calendar year and  the  methods

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     1  used  to  accept such packaging and the approximate weight and volume of
     2  the packaging accepted by each method used to the extent known;
     3    (b) information detailing the costs of collection to the producer;
     4    (c)  information  detailing  the  collection methods made available to
     5  consumers;
     6    (d) a description of the public education and  outreach  conducted  by
     7  the  producer  and samples of any materials, the number of visits to the
     8  website and calls to the toll-free  telephone  number  provided  by  the
     9  producer as required by section 27-3007 of this title;
    10    (e) any other information as required by the department; and
    11    (f) a signature by an officer, director, or other individual affirming
    12  the accuracy of the report.
    13    2.  The  department shall submit a report regarding the implementation
    14  of this title in the state to the  governor  and  legislature  by  April
    15  first,  two  thousand  twenty-four  and  every two years thereafter. The
    16  report shall include, at a minimum, an evaluation of:
    17    (a) the packaging stream in the state;
    18    (b) disposal, recycling and reuse rates in the state for packaging;
    19    (c) a discussion of compliance and enforcement related to the require-
    20  ments of this title; and
    21    (d) recommendations for any changes to this title.
    22  § 27-3013. Postconsumer recycled content.
    23    Beginning January first,  two  thousand  twenty-five,  only  packaging
    24  containing  at  least  twenty-five percent postconsumer recycled content
    25  may be sold, offered for sale, or distributed in the state.
    26  § 27-3015. Collective participation.
    27    A producer may satisfy the requirements of this title by  agreeing  to
    28  participate in a collective packaging program with any other producer or
    29  producers.  Any  such  collective  packaging program shall meet the same
    30  requirements as an individual producer. Any collective packaging program
    31  shall include a list of producers that are participating in such program
    32  along with other identifying information  as  may  be  required  by  the
    33  department.
    34  § 27-3017. Waste characterization.
    35    No  later  than  December  thirty-first, two thousand twenty-one, each
    36  planning unit, as defined in section 27-0107 of this article,  and  each
    37  municipality  that  is  not part of a planning unit, shall submit to the
    38  department a study of the planning unit's waste streams for the  purpose
    39  of determining the composition of the waste stream characterized by type
    40  of material.
    41    § 2. This act shall take effect immediately.
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