What's happening
This bill bans the sale of expanded polystyrene loosefill packaging in New York unless it meets increasing recycled content requirements from 2018 to 2023.
Why it matters
Pushes manufacturers and wholesalers toward higher recycled content. By phasing in strict recycled content requirements, the bill forces manufacturers and sellers to innovate or shift sourcing toward more sustainable materials, potentially changing supply chains and manufacturing processes.
Could drive broader changes in packaging practices. Since expanded polystyrene is widely used for shipping and product protection, these requirements may encourage companies to switch to alternative (potentially less harmful) packaging materials, influencing packaging trends beyond just polystyrene.
Aims to reduce environmental pollution and landfill waste. Expanded polystyrene is notorious for its persistence in the environment and difficulty to recycle. By mandating high recycled content or banning its sale, the bill seeks to cut down on single-use plastics and encourage a circular economy approach.
Impacts businesses and consumers statewide. Businesses using or selling polystyrene loosefill will need to adapt or face restrictions, which could affect costs, operations, and the availability of certain packaging materials, with potential ripple effects for consumers in New York.
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Who cares
Headline styles
Ban Polystyrene Packing Material
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Styrofoam Packing Peanuts
In Assembly Committee · Environmental Conservation · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4316
2017-2018 Regular Sessions
IN SENATE
February 9, 2017
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed 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 Assembly, do enact as follows:
Section 1. Article 27 of the environmental conservation law is amended by adding a new title 28 to read as follows:
TITLE 28
POLYSTYRENE LOOSEFILL PACKAGING MATERIAL Section 27-2801. Polystyrene loosefill packaging material. § 27-2801. Polystyrene loosefill packaging material.
1. For the purposes of this title, the following definitions shall apply:
(a) "Manufacturer" means a person who manufactures loosefill packaging material composed of expanded polystyrene.
(b) "Recycled material" means material from any of the following that has been diverted from landfill disposal including:
(i) Material derived from a finished polystyrene product that has completed its intended end use and product life cycle.
(ii) Material derived from a blemished, flawed, or otherwise unusable finished polystyrene product.
(iii) Material derived from manufacturing and fabrication scrap from production of a finished polystyrene product.
(c) "Wholesaler" means a person who purchases expanded polystyrene loosefill packaging for resale in this state.
2. Except as provided in subdivision three of this section, on and after January first, two thousand eighteen, a wholesaler or manufacturer shall not sell or offer for sale in this state expanded polystyrene loosefill packaging material.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05574-01-7
S. 4316 2
3. Subdivision two of this section shall not apply to expanded polystyrene loosefill packaging material composed of expanded polystyrene that complies with the following requirements:
(a) On and after January first, two thousand eighteen, until December thirty-first, two thousand nineteen, inclusive, it is comprised of at least sixty percent recycled material.
(b) On and after January first, two thousand twenty, until December thirty-first, two thousand twenty-two, inclusive, it is comprised of at least eighty percent recycled material.
(c) On and after January first, two thousand twenty-three, it is comprised of one hundred percent recycled material.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to polystyrene loosefill packaging material
Purpose or general idea of bill
The purpose of this bill is to encourage the reuse of polystyrene materials.
Summary of specific provisions
This bill would:
*define recycled material to include any of the following polystyrene materials diverted from landfill disposal and derived:
*from a finished product at the end of the product life cycle;
*from a flawed or otherwise unusable finished product; and,
*from manufacturing and fabrication scrap resulting from production;
*prohibit the sale, on and after January 1, 2018, of loosefill packaging material that:
*until December 31, 2019, is not comprised of at least 60 percent recycled material;
*after January 1, 2020 until December 31, 2022, is not comprised of at least 80 percent recycled material; and,
*after January 1, 2023, is not comprised of at least 100 percent recycled material.
Justification
Polystyrene is not easily recycled due to its lightweight and low scrap value. A study in 2008 found that it cost approximately $2,000 per ton to recycle, compared to less than $100 per ton for glass. Polystyrene is currently not accepted in curbside recycling programs. As a result, encouraging its reuse represents a more viable alternative to prevent this material from adversely impacting the environment. California adopted similar legislation in 2008, following a comprehensive study on the use and disposal of polystyrene.
Prior legislative history
New bill in the Senate.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.