S T A T E O F N E W Y O R K
________________________________________________________________________
4603--A
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
___________
Introduced by M. of A. ROZIC, PAULIN, LUPARDO, COLTON, ENGLEBRIGHT,
GALEF, L. ROSENTHAL, OTIS, ABINANTI, FAHY, STIRPE, LIFTON, SIMOTAS,
WEPRIN, GOTTFRIED, SIMON -- Multi-Sponsored by -- M. of A. COOK,
DINOWITZ, GLICK, GRIFFIN, PERRY, THIELE -- read once and referred 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 waste reduction
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 30 to read as follows:
TITLE 30
POLYSTYRENE WASTE REDUCTION
SECTION 27-3001. DEFINITIONS.
27-3003. PROHIBITED DISPOSABLE FOOD SERVICE CONTAINERS.
27-3005. REQUIRED COMPOSTABLE OR RECYCLABLE DISPOSABLE FOOD
SERVICE CONTAINERS.
27-3007. POWERS OF MUNICIPALITIES.
§ 27-3001. DEFINITIONS.
FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "AFFORDABLE" MEANS PURCHASABLE FOR NOT MORE THAN FIFTEEN PERCENT
MORE THAN THE PURCHASE COST OF THE NON-COMPOSTABLE OR NON-RECYCLABLE
ALTERNATIVE.
2. "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT
CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01301-07-9
A. 4603--A 2
3. "COMPOSTABLE" MEANS ALL THE MATERIALS IN THE PRODUCT OR PACKAGE
MEET THE AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) INTERNATIONAL
STANDARD SPECIFICATION FOR COMPOSTABLE PLASTICS D6400, AND WILL: (A)
UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES DURING COMPOSTING IN AN
APPROPRIATE MUNICIPAL OR INDUSTRIAL COMPOSTING FACILITY TO YIELD CARBON
DIOXIDE, WATER, INORGANIC COMPOUNDS, AND BIOMASS AT A RATE CONSISTENT
WITH OTHER KNOWN COMPOSTABLE MATERIALS IN SIMILAR FACILITIES; AND (B)
LEAVE NO VISIBLE, DISTINGUISHABLE OR TOXIC RESIDUE, INCLUDING NO ADVERSE
IMPACT ON THE ABILITY OF COMPOSTS TO SUPPORT PLANT GROWTH ONCE THE
FINISHED COMPOST IS PLACED IN SOIL.
4. "CONTRACTORS AND LESSEES" MEAN ANY PERSON OR ENTITY THAT HAS A
CONTRACT WITH AN AGENCY OR A MUNICIPALITY FOR PUBLIC WORKS OR IMPROVE-
MENTS TO BE PERFORMED, FOR A FRANCHISE, CONCESSION OR LEASE OF PROPERTY,
FOR GRANT MONIES OR GOODS AND SERVICES OR SUPPLIES TO BE PURCHASED AT
THE EXPENSE OF THE AGENCY OR MUNICIPALITY OR TO BE PAID OUT OF MONIES
DEPOSITED IN THE TREASURY OR OUT OF TRUST MONIES UNDER THE CONTROL OR
COLLECTED BY THE AGENCY OR MUNICIPALITY.
5. "DISPOSABLE FOOD SERVICE CONTAINER"` MEANS ALL CONTAINERS, BOWLS,
PLATES, TRAYS, CARTONS, CUPS, LIDS AND OTHER ITEMS THAT ARE DESIGNED OR
GENERALLY RECOGNIZED BY THE PUBLIC AS BEING DESIGNED FOR ONE-TIME USE TO
HOLD, CONTAIN, OR TRANSPORT FOODS, INCLUDING WITHOUT LIMITATION,
CONTAINERS FOR TAKEOUT FOODS AND/OR LEFTOVERS FROM PARTIALLY CONSUMED
MEALS PREPARED BY RETAIL FOOD VENDORS. THE TERM "DISPOSABLE FOOD SERVICE
CONTAINERS" DOES NOT INCLUDE ITEMS COMPOSED ENTIRELY OF ALUMINUM OR
POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE INTENDED FOR REUSE.
6. "HOME COMPOSTABLE" MEANS ALL THE MATERIALS IN THE PRODUCT OR PACK-
AGE CONFORM WITH THE VINCOTTE OK COMPOST HOME CERTIFICATION USING THE
EUROPEAN NORM 13432 STANDARD, OR A COMPARABLE STANDARD AS DETERMINED BY
THE DEPARTMENT, AND WILL: (A) UNDERGO DEGRADATION BY BIOLOGICAL PROC-
ESSES DURING COMPOSTING IN A HOME COMPOST PILE OR DEVICE TO YIELD CARBON
DIOXIDE, WATER, INORGANIC COMPOUNDS, AND BIOMASS AT A RATE CONSISTENT
WITH OTHER KNOWN COMPOSTABLE MATERIALS IN SIMILAR FACILITIES; AND (B)
LEAVE NO VISIBLE, DISTINGUISHABLE OR TOXIC RESIDUE, INCLUDING NO ADVERSE
IMPACT ON THE ABILITY OF COMPOSTS TO SUPPORT PLANT GROWTH ONCE THE
FINISHED COMPOST IS PLACED IN SOIL.
7. "MUNICIPALITY" MEANS A VILLAGE, TOWN, CITY, OR COUNTY, OR ANY
DESIGNATED AGENCY THEREOF.
8. "POLYSTYRENE FOAM" MEANS BLOWN POLYSTYRENE AND EXPANDED AND EXTRUD-
ED FOAMS THAT ARE THERMOPLASTIC PETROCHEMICAL MATERIALS UTILIZING A
STYRENE MONOMER AND PROCESSED BY ANY NUMBER OF TECHNIQUES INCLUDING, BUT
NOT LIMITED TO, FUSION OF POLYMER SPHERES, INJECTION MOLDING, FOAM MOLD-
ING, AND EXTRUSION-BLOWN MOLDING. POLYSTYRENE FOAM IS GENERALLY USED TO
MAKE CUPS, BOWLS, PLATES, TRAYS, CLAMSHELL CONTAINERS, MEAT TRAYS AND
EGG CARTONS. SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.
9. "RECYCLABLE" MEANS MATERIAL THAT CAN BE SORTED, CLEANSED AND RECON-
STITUTED USING AVAILABLE RECYCLING COLLECTION PROGRAMS FOR THE PURPOSE
OF USING THE ALTERED FORM IN THE MANUFACTURE OF A NEW PRODUCT. RECYCLING
DOES NOT INCLUDE BURNING, INCINERATING, CONVERTING, OR OTHERWISE THER-
MALLY DESTROYING SOLID WASTE.
§ 27-3003. PROHIBITED DISPOSABLE FOOD SERVICE CONTAINERS.
1. AGENCIES, MUNICIPALITIES, AND THEIR CONTRACTORS AND LESSEES SHALL
NOT PURCHASE, ACQUIRE, POSSESS, SELL, USE, OR OFFER FOR USE DISPOSABLE
FOOD SERVICE CONTAINERS THAT CONTAIN POLYSTYRENE.
2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES
OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES
A. 4603--A 3
OF CONTRACTORS AND LESSEES THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES
AND MUNICIPALITIES.
§ 27-3005. REQUIRED COMPOSTABLE OR RECYCLABLE DISPOSABLE FOOD SERVICE
CONTAINERS.
AGENCIES, MUNICIPALITIES, AND THEIR CONTRACTORS AND LESSEES SHALL USE
DISPOSABLE FOOD SERVICE CONTAINERS MADE FROM MATERIAL, OTHER THAN POLYS-
TYRENE FOAM, THAT IS COMPOSTABLE, HOME COMPOSTABLE OR RECYCLABLE UNLESS
THERE IS NO AFFORDABLE COMPOSTABLE, HOME COMPOSTABLE OR RECYCLABLE PROD-
UCT AVAILABLE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO GOVERN THE
ACTIVITIES OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR
ACTIVITIES OF CONTRACTORS OF LESSEES THAT OCCUR WITH ENTITIES OTHER THAN
AGENCIES OR MUNICIPALITIES.
§ 27-3007. POWERS OF MUNICIPALITIES.
ANY AGENCY OR MUNICIPALITY MAY PROMULGATE REGULATIONS, ORDINANCES, OR
LAWS TO TAKE ANY AND ALL REASONABLE ACTIONS NECESSARY TO IMPLEMENT AND
ENFORCE THIS TITLE.
§ 2. The department of environmental conservation shall conduct a
study on the desirability, feasibility and environmental impact of a
statewide prohibition on the use of disposable food service ware that
contains polystyrene foam. The department shall issue a report contain-
ing the results of the study to the legislature no later than the thir-
ty-first of January next succeeding the date on which this act shall
have become a law.
§ 3. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the one hundred twentieth
day after it shall have become a law.