S T A T E O F N E W Y O R K
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4316
2017-2018 Regular Sessions
I N S E N A T E
February 9, 2017
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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 ASSEM-
BLY, 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 POLYS-
TYRENE 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.