S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2521
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, COOK, SIMON -- Multi-Sponsored by --
   M.  of  A.   COLTON, CYMBROWITZ, DINOWITZ -- read once and referred 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 TWENTY, 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.
              

                                                            LBD05903-01-9

 A. 2521                             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 TWENTY, UNTIL DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, INCLUSIVE, IT IS COMPRISED OF  AT
 LEAST SIXTY PERCENT RECYCLED MATERIAL.
   (B)  ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, UNTIL DECEM-
 BER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, INCLUSIVE, IT  IS  COMPRISED
 OF AT LEAST EIGHTY PERCENT RECYCLED MATERIAL.
   (C)  ON  AND  AFTER  JANUARY  FIRST,  TWO  THOUSAND TWENTY-FIVE, IT IS
 COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIAL.
   § 2. This act shall take effect immediately.