What's happening
This bill creates a recycling fee on food service packaging in New York to fund recycling infrastructure, education, and litter reduction.
Why it matters
The bill imposes a new recycling fee specifically targeting manufacturers and distributors of food service packaging at the first point of sale in New York, directly tying industry responsibility to waste management and recycling system funding.
Funds collected are restricted for use in expanding recycling infrastructure, supporting new or improved recycling facilities, and developing markets for recycled materials, potentially increasing in-state recycling jobs and business opportunities.
If the recycling rate for food service packaging fails to reach 25% by mid-2024, the fee will automatically increase, creating a financial incentive for manufacturers to design packaging that is more recyclable and to support recycling efforts.
The establishment of an advisory council—including representatives from local governments, recyclers, waste haulers, environmental groups, and the food service industry—ensures diverse stakeholder input into how funds are spent and how the program is managed, potentially leading to more effective and practical recycling solutions.
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Who cares
Headline styles
Fund Packaging Recycling Programs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7825
IN SENATE
February 25, 2020
Introduced by Sen. PARKER -- 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 and the state finance law, in relation to enacting the "food service packaging recycling funding act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "food service packaging recycling funding act".
§ 2. Legislative intent. Recognizing that most food service packaging is not recycled or composted with the state's existing infrastructure, it is the intent of the legislature to provide sustainable funding to increase infrastructure investment for the diversion of food service packaging materials from disposal, assist in establishing domestic enduse markets for recovered food service packaging materials and reduce litter and marine debris attributable to food service packaging materials.
§ 3. Article 27 of the environmental conservation law is amended by adding a new title 30 to read as follows:
TITLE 30
FOOD SERVICE PACKAGING RECYCLING FUNDING ACT Section 27-3001. Definitions.
27-3003. Food service packaging recycling fees.
27-3005. Recovery rates.
27-3007. Advisory council.
27-3009. Exclusions. § 27-3001. Definitions.
For the purpose of this title, "food service packaging" shall mean a product used for serving or transporting prepared, ready-to-consume food or beverages, including but not limited to, plates, bowls, cups, trays, and hinged or lidded containers. Such definition shall not include beverage containers or single-use disposable items, including but not limited to, plastic bags or single-use packaging for unprepared foods. § 27-3003. Food service packaging recycling fees.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15475-01-0
S. 7825 2
1. Advanced recycling fee. An advanced recycling fee is hereby imposed at a rate of three-tenths of one cent per container on all food service packaging provided by a manufacturer or distributor at the first point of sale in the state. Such fee shall be collected by the department and deposited into the food service packaging recycling fund established pursuant to section ninety-two-ii of the state finance law.
2. Revenue disbursement. (a) Monies collected pursuant to this section shall be used by the department exclusively for the following purposes:
(i) to create and enhance the collection, sortation and processing infrastructure for food service packaging material recycling, including but not limited to, providing financial assistance to site new or to expand existing recycling operations, increasing in-state material processing capabilities and creating markets for recycled-content products and the use of collected food service packaging as feedstock in the production of new products; and
(ii) to provide financial assistance to local governments to assist in recycling education and litter cleanup and reduction.
(b) The department shall not utilize more than five percent of the monies collected pursuant to this section for administrative purposes. § 27-3005. Recovery rates.
No later than July first, two thousand twenty-four, the department shall determine the recycling and recovery rates for food service packaging sold in the state. If the recycling of such food service packaging has not achieved a twenty-five percent recycling or recovery rate, the advanced recycling fee, pursuant to subdivision one of section 27-3003 of this title, shall increase to five-tenths of one cent per container on January first, two thousand twenty-five. § 27-3007. Advisory council.
1. The department shall create a food service packaging material recycling advisory council to advise the department on how to most efficiently implement the provisions of this title.
2. The council shall consist of fifteen individuals and will meet at least quarterly. The council shall annually select a chairperson from its membership. Membership shall include representatives from the following: local governments, recyclers, material recovery facility operators, waste haulers, environmental organizations, restaurants, food service packaging manufacturers or suppliers, and users of recycled materials. § 27-3009. Exclusions.
Any city and any county, other than a county wholly within such a city, which implements or enforces a local law, ordinance or resolution prohibiting the use, sale or distribution of any food service packaging that was adopted after January first, two thousand nineteen, shall not be eligible to receive any monies collected pursuant to this title.
§ 4. The state finance law is amended by adding a new section 92-ii to read as follows:
§ 92-ii. Food service packaging recycling fund. 1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special fund to be known as the "food service packaging recycling fund".
2. Such fund shall consist of all revenue collected from advanced recycling fees pursuant to section 27-3003 of the environmental conservation law and any cost recoveries or other revenues collected pursuant to title thirty of article twenty-seven of the environmental conservation law, and any other monies deposited into the fund pursuant to law.
S. 7825 3
3. Monies of the fund, following appropriation by the legislature, shall be used for food service packaging material recycling pursuant to title thirty of article twenty-seven of the environmental conservation law, and expended for the purposes as set forth in section 27-3003 of the environmental conservation law.
§ 5. 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 and the state finance law, in relation to enacting the "food service packaging recycling fund- ing act"
Purpose
The proposed legislation will provide funding to increase investment for infrastructures that will help divert food-service packaging materials from disposals, and reduce litter and aquatic debris that are attribut- able to food-service packaging.
Summary of provisions
Section 1 provides the short title, the food service packaging recycling funding act.
Section 2 provides the legislative intent of the bill, which is to improve and expand recycling infrastructure.
Section 3 establishes title 30 of the environmental conservation law. The act provides that the Department of Environmental Conservation (DEC) shall collect an advance recycling-fee at the rate of three-tenths of one cent per container on all food service packaging provided by manufacturer or distributer at the first point of sale in the state. The fees collected by the DEC shall be used to create and enhance the recy- cling infrastructure for food-service packaging material, and to provide financial assistance to local government to assist in recycling educa- tion and litter reduction. Additionally, the DEC shall not utilize more than five percent of the fee collected for administrative purposes.
Section 4 adds a new section, 92-ii, to the state finance law. The State Comptroller and the commissioner of taxation and finance shall hold joint custody of the "food service packaging recycling fund."
Section 5 provides that the act shall take effect immediately.
Justification
Although food packaging protects food quality and safety, food packaging also brings harm to our environment and therefore our natural resources. As the demand for convenience food increases, the demand for environ- mentally friendly packaging will increases as well. According to the E.P.A., containers and packaging alone contribute over 23 percent of landfills in the U.S. The waste pollutes our land and our beaches, which effects aquatic life, tourism, and other resources. The impact of pack- aging on our environment include soil degradation and water pollution. The proposed legislation will help to fund a statewide recycling and composting infrastructure, and provide upgrades to existing infrastruc- ture, so that this State will be able properly recycle food-service packaging materials.
Legislative history
New Bill
Fiscal implications
To be determined.
Effective date
The 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.