senate Bill S871A

2013-2014 Legislative Session

Prohibits the sale of expanded polystyrene loosefill packaging

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Dec 18, 2013 print number 871a
amend and recommit to environmental conservation
Jan 09, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

S871 - Bill Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 29 §27-2901, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S4057A

S871 - Bill Texts

view summary

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

view 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.


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                    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.

S871A (ACTIVE) - Bill Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 29 §27-2901, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S4057A

S871A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S871A

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, 2017, of loosefill
packaging material that:

o until December 31, 2018, is not comprised of at least 60 percent
recycled material;
o after January 1, 2019, until December 31, 2019, is not comprised of
at least 80 percent recycled material; and,
o after January 1, 2022, 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 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.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

This bill shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 871--A

                       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
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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 SEVENTEEN, A WHOLESALER OR MANUFACTUR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04604-02-3

S. 871--A                           2

ER SHALL NOT SELL OR OFFER FOR SALE IN THIS STATE  EXPANDED  POLYSTYRENE
LOOSEFILL PACKAGING MATERIAL.
  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 SEVENTEEN, UNTIL DECEMBER
THIRTY-FIRST,  TWO  THOUSAND  EIGHTEEN, INCLUSIVE, IT IS COMPRISED OF AT
LEAST SIXTY PERCENT RECYCLED MATERIAL.
  (B) ON AND AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, UNTIL  DECEMBER
THIRTY-FIRST,  TWO THOUSAND TWENTY-ONE, INCLUSIVE, IT IS COMPRISED OF AT
LEAST EIGHTY PERCENT RECYCLED MATERIAL.
  (C) ON AND  AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-TWO,  IT  IS
COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIAL.
  S 2. This act shall take effect immediately.

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