senate Bill S871

Amended

Prohibits the sale of expanded polystyrene loosefill packaging

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 18 / Dec / 2013
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 18 / Dec / 2013
    • PRINT NUMBER 871A
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Phases out expanded polystyrene loosefill packaging that does not contain recycled material.

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Bill Details

Versions:
S871
S871A
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 29 ยง27-2901, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
S4057A

Sponsor Memo

BILL NUMBER:S871

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to polystyrene
loosefill packaging material

PURPOSE:
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:

o from a finished product at the end of the product life cycle;

o from a flawed or otherwise unusable finished product; and,

o from manufacturing and fabrication scrap resulting from production

* prohibit the safe, on and after January 1, 2016, of loosefill
packaging material that:

o until December 31, 2017, is not comprised of at least 60 percent
recycled material;

o after January 1, 2018, until December 31, 2018, is not comprised of
at least 80 percent recycled material; and,

o after January 1, 2021, is not comprised of at least 100 percent
recycled material

JUSTIFICATION:
Polystyrene is not easily recycled due to its
light weight 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 fox glass. polystrene 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.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   871

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 29 to read as follows:
                                 TITLE 29
                POLYSTYRENE LOOSEFILL PACKAGING MATERIAL
SECTION 27-2901. POLYSTYRENE LOOSEFILL PACKAGING MATERIAL.
S 27-2901. 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 SIXTEEN, 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.
                                                           LBD04604-01-3

S. 871                              2

  3.  SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY TO EXPANDED POLYS-
TYRENE LOOSEFILL PACKAGING MATERIAL  COMPOSED  OF  EXPANDED  POLYSTYRENE
THAT COMPLIES WITH THE FOLLOWING REQUIREMENTS:
  (A)  ON  AND AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, UNTIL DECEMBER
THIRTY-FIRST, TWO THOUSAND SEVENTEEN, INCLUSIVE, IT IS COMPRISED  OF  AT
LEAST SIXTY PERCENT RECYCLED MATERIAL.
  (B)  ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, UNTIL DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY, INCLUSIVE,  IT  IS  COMPRISED  OF  AT
LEAST EIGHTY PERCENT RECYCLED MATERIAL.
  (C)  ON  AND  AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-ONE, IT IS
COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIAL.
  S 2. This act shall take effect immediately.

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