NY State Senate Bill 2019-S3069B

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jun 04, 2019	print number 3069b
Jun 04, 2019	amend and recommit to finance
May 30, 2019	reported and committed to finance
May 10, 2019	print number 3069a
May 10, 2019	amend (t) and recommit to environmental conservation
Feb 01, 2019	referred to environmental conservation

Votes

- May 30, 2019 - Environmental Conservation Committee Vote
  S3069B
  
  Aye
  
  7
  
  Nay
  
  2
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Environmental Conservation Committee Vote: May 30, 2019
      
      aye (7)
      
      Harckham
      
      Kaminsky
      
      Kavanagh
      
      May
      
      Metzger
      
      Salazar
      
      Serrano
      
      nay (2)
      
      Little
      
      O'Mara
      
      aye wr (1)
      
      Boyle
      
      excused (1)
      
      LaValle

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2019-S3069 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3007, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2832
2011-2012: S431
2013-2014: S3419
2015-2016: S2493
2017-2018: S4168

2019-S3069 - Summary

Relates to polystyrene waste reduction; prohibits the use of polystyrene foam by contractors and lessees who deal with the state through state and municipal contracts.

2019-S3069 - Sponsor Memo

                                
 
BILL NUMBER: S3069

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to food
service waste reduction

 
PURPOSE:

The purpose of the bill is to discourage the use of disposable polystyr-
ene foam food service ware by any person or entity that has a contract
with an agency or municipality, and to study the feasibility of a polys-
tyrene foam food service ware ban in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Requires that any state department, agency, board, public benefit corpo-
ration, public authority, commission, municipality, and their contrac-
tors and lessees use disposable food service ware made from material
other than polystyrene foam, unless there are no compostable or recycla-

ble alternative available at a price not more than 15 percent higher.

Requires the Department of Environmental Conservation (DEC) to conduct a
study on the desirability, feasibility and environmental impact of a
statewide ban on the use of disposable polystyrene foam food service
ware.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would add a new title 28 to Article 27 of the Environmental
Conservation Law.

 
JUSTIFICATION:

Polystyrene foam is a liquid hydrocarbon that is commercially manufac-
tured from petroleum. Each year Americans throw away 25,000,000,000
polystyrene foam cups, which equates to 1,369 tons of polystyrene foam
products every day. A single polystyrene foam cup can take up to 500
years to fully disintegrate. Polystyrene foam, or 'styrofoam' is an
unsustainable product made from petroleum, a fossil fuel and a non-re-
newable resource. Fossil fuels increase carbon dioxide emissions and
other potent greenhouse gases that exacerbate global warming and cause
climate change.

Polystyrene foam is also very difficult to recycle due to its light
weight and low scrap value. It is generally not accepted in curbside
programs, is seldom able to be reused, and takes up a considerable
amount of space in landfills. Research suggests that landfills are
rapidly filling up and contain as much as 30% of the toxin-leaching,
non-biodegradable polystyrene products. Due to the physical properties
of polystyrene foam, the United States Environmental Protection Agency
states "that such materials can have serious impacts on human health,
wildlife, and the aquatic environment," because the product breaks down,
can clog waterways, and is mistaken for food by wildlife.

Polystyrene foam manufacturers are the fifth largest producers of toxic
waste in the United States (U.S.). One of the components of polystyrene
foam, styrene, is a known hazardous substance which was added to the
U.S. Health Department's list of carcinogens in June of 2011. Styrene
exposure increases the risk of leukemia and lymphoma and is a neurotox-
in. Many people do not realize that when they reheat food in a polystyr-
ene foam product using a microwave, toxins are released into their food.

Polystyrene foam bans can be found in California, Florida, Maine, Mary-
land, Massachusetts, Minnesota, New Jersey, Oregon, Texas, Washington
and Washington D.C. San Francisco, CA realized a 36% decrease in polys-
tyrene food service ware after a one year ban. Food establishments that
have participated in programs to reduce the use of single-use food
service ware have also saved thousands of dollars per year.

Albany County's Chief Executive Dan McCoy expanded a ban on polystyrene
foam service ware in Albany County in September of 2018.  The ban,
initially enacted in 2014 only for chain food establishments, now
requires county government, agencies and those who do business with
Albany County to do the same. A ban on the use of polystyrene single-use
food and beverage containers in New York City, required under Local Law
142, became effective on January 1, 2019.

This bill would address the environmental impacts of polystyrene foam
service ware across New York State, while allowing for exceptions in
cases of financial hardship or where there is no viable alternative
product.

 
LEGISLATIVE HISTORY:

2017-18 S.4168/A.9692 Rozic - died in Environmental Conservation
2015-16 S.2493/A.5743 Kavanaugh - died in Environmental Conservation
2013-14 S.3419-A/A.4973-A Kavanaugh - passed Assembly, died in Environ-
mental Conservation
2011-12 S.431/A.2097 Kavanaugh - notice of committee consideration,
discharged to Rules
2009-10 S.2832-A/A.428-A Kavanaugh - passed Assembly, died in Codes
2008 S.8729/A.11466-A Kavanaugh - passed Assembly, died in Rules

 
FISCAL IMPACT ON THE STATE:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately provided, however, that sections
one and two of this act shall take effect on the one hundred twentieth
day after it shall have become a law.

2019-S3069 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3069
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sens. KRUEGER, BRESLIN, HOYLMAN, LIU, SEPULVEDA, SERRANO
   -- 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  food
   service waste reduction

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "food service waste reduction act".
   §  2.  Article  27 of the environmental conservation law is amended by
 adding a new title 28 to read as follows:
 
                                 TITLE 28
                        FOOD SERVICE WASTE REDUCTION
 
 SECTION 27-2801. DEFINITIONS.
         27-2803. REQUIRED  COMPOSTABLE  OR  RECYCLABLE  DISPOSABLE  FOOD
                    SERVICE WARE.
         27-2805. POWERS OF MUNICIPALITIES.
 
 § 27-2801. 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.
   3.  "COMPOSTABLE" MEANS ALL THE MATERIALS IN THE  PRODUCT  OR  PACKAGE
 WILL  (A)  UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES DURING COMPOSTING
 TO YIELD CARBON DIOXIDE, WATER, INORGANIC COMPOUNDS, AND  BIOMASS  AT  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01301-01-9

 S. 3069                             2
 
 RATE  CONSISTENT WITH OTHER KNOWN COMPOSTABLE MATERIALS 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 WARE" MEANS ALL CONTAINERS, BOWLS, PLATES,
 TRAYS, CARTONS, CUPS, LIDS, STRAWS, FORKS, SPOONS, KNIVES,  NAPKINS  AND
 OTHER  ITEMS  THAT  ARE  DESIGNED  FOR  ONE-TIME USE FOR PREPARED FOODS,
 INCLUDING WITHOUT LIMITATION, SERVICE  WARE  FOR  TAKEOUT  FOODS  AND/OR
 LEFTOVERS  FROM  PARTIALLY  CONSUMED MEALS PREPARED BY FOOD VENDORS. THE
 TERM "DISPOSABLE FOOD SERVICE WARE"  DOES  NOT  INCLUDE  ITEMS  COMPOSED
 ENTIRELY OF ALUMINUM OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE
 INTENDED  FOR  REUSE  NOR DOES THIS TERM INCLUDE RECYCLABLE FOOD SERVICE
 WARE.
   6. "MUNICIPALITY" MEANS A VILLAGE,  TOWN,  CITY,  OR  COUNTY,  OR  ANY
 DESIGNATED AGENCY THEREOF.
   7.  "POLYSTYRENE  FOAM"  MEANS  BLOWN  POLYSTYRENE  AND EXPANDED FOAMS
 UTILIZING A STYRENE MONOMER AND PROCESSED BY ANY NUMBER  OF  TECHNIQUES.
 POLYSTYRENE  FOAM  IS GENERALLY USED TO MAKE CUPS, BOWLS, PLATES, TRAYS,
 CLAMSHELL CONTAINERS, MEAT TRAYS AND EGG CARTONS.
   8. "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.
 § 27-2803. REQUIRED COMPOSTABLE OR RECYCLABLE  DISPOSABLE  FOOD  SERVICE
                WARE.
   AGENCIES,  MUNICIPALITIES, AND THEIR CONTRACTORS AND LESSEES SHALL USE
 DISPOSABLE FOOD SERVICE WARE MADE FROM MATERIAL, OTHER THAN  POLYSTYRENE
 FOAM,  THAT  IS  COMPOSTABLE OR RECYCLABLE UNLESS THERE IS NO AFFORDABLE
 COMPOSTABLE OR RECYCLABLE PRODUCT 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.
 § 27-2805. 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.
   §  3.  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.
   §  4.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall take effect on  the  one  hundred
 twentieth day after it shall have become a law.

co-Sponsors

View additional co-sponsors

2019-S3069A - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3007, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2832
2011-2012: S431
2013-2014: S3419
2015-2016: S2493
2017-2018: S4168

2019-S3069A - Summary

Relates to polystyrene waste reduction; prohibits the use of polystyrene foam by contractors and lessees who deal with the state through state and municipal contracts.

2019-S3069A - Sponsor Memo

                                
 
BILL NUMBER: S3069A                REVISED 5/13/2019

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to polystyrene waste reduction

 
PURPOSE:

The purpose of the bill is to discourage the use of disposable polystyr-
ene foam food service containers by any person or entity that has a
contract with an agency or municipality, and to study the feasibility of
a polystyrene foam food service container ban in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Requires that any state department, agency, board, public benefit corpo-
ration, public authority, commission, municipality, and their contrac-
tors and lessees use disposable food service containers made from mate-
rial other than polystyrene foam, and that they be compostable or
recyclable unless there are no compostable or recyclable alternatives
available at a price not more than 15 percent higher.

Requires the Department of Environmental Conservation (DEC) to conduct a
study on the desirability, feasibility and environmental impact of a
statewide ban on the use of disposable polystyrene foam food service
containers.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would add a new title 30 to Article 27 of the Environmental
Conservation Law.

 
JUSTIFICATION:

Polystyrene foam is a liquid hydrocarbon that is commercially manufac-
tured from petroleum. Each year Americans throw away 25,000,000, 000
polystyrene foam cups, which equates to 1,369 tons of polystyrene foam
products every day. A single polystyrene foam cup can take up to 500
years to fully disintegrate. Polystyrene foam, or 'styrofoam' is an
unsustainable product made from petroleum, a fossil fuel and a non-re-
newable resource. Fossil fuels increase carbon dioxide emissions and
other potent greenhouse gases that exacerbate global warming and cause
climate change.

Polystyrene foam is also very difficult to recycle due to its light
weight and low scrap value. It is generally not accepted in curbside
programs, is seldom able to be reused, and takes up a considerable
amount of space in landfills. Research suggests that landfills are
rapidly filling up and contain as much as 30% of the toxin-leaching,
non-biodegradable polystyrene products. Due to the physical properties
of polystyrene foam, the United States Environmental Protection Agency
states "that such materials can have serious impacts on human health,
wildlife, and the aquatic environment," because the product breaks down,
can clog waterways, and is mistaken for food by wildlife.

Polystyrene foam manufacturers are the fifth largest producers of toxic
waste in the United States (U.S.). One of the components of polystyrene
foam, styrene, is a known hazardous substance which was added to the
U.S. Health Department's list of carcinogens in June of 2011. Styrene
exposure increases the risk of leukemia and lymphoma and is a neurotox-
in. Many people do not realize that when they reheat food in a polystyr-
ene foam product using a microwave, toxins are released into their food.

Polystyrene foam bans can be found in California, Florida, Maine, Mary-
land, Massachusetts, Minnesota, New Jersey, Oregon, Texas, Washington
and Washington D.C. San Francisco, CA realized a 36% decrease in polys-
tyrene food service ware after a one year ban. Food establishments that
have participated in programs to reduce the use of single-use food
service ware have also saved thousands of dollars per year.

Albany County's Chief Executive Dan McCoy expanded a ban on polystyrene
foam service ware in Albany County in September of 2018.  The ban,
initially enacted in 2014 only for chain food establishments, now
requires county government, agencies and those who do business with
Albany County to do the same. A ban on the use of polystyrene single-use
food and beverage containers in New York City, required under Local Law
142, became effective on January 1, 2019.

This bill would address the environmental impacts of polystyrene foam
service ware across New York State, while allowing for exceptions in
cases of financial hardship or where there is no viable alternative
product.

 
LEGISLATIVE HISTORY:

2017-18 S.4168/A.9692 Rozic - died in Environmental Conservation
2015-16 S.2493/A.5743 Kavanaugh - died in Environmental Conservation
2013-14 S.3419-A/A.4973-A Kavanaugh - passed Assembly, died in Environ-
mental Conservation
2011-12 S.431/A.2097 Kavanaugh - notice of committee consideration,
discharged to Rules
2009-10 S.2832-A/A.428-A Kavanaugh - passed Assembly, died in Codes
2008 S.8729/A.11466-A Kavanaugh - passed Assembly, died in Rules

 
FISCAL IMPACT ON THE STATE:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately provided, however, that sections
one and two of this act shall take effect on the one hundred twentieth
day after it shall have become a law.

2019-S3069A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3069--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sens. KRUEGER, BRESLIN, HOYLMAN, LIU, SEPULVEDA, SERRANO
   -- 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 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.
   3.    "COMPOSTABLE"  MEANS ALL THE MATERIALS IN THE PRODUCT OR PACKAGE
 MEET THE AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) INTERNATIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01301-06-9

 S. 3069--A                          2
 
 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
 OF CONTRACTORS AND LESSEES THAT OCCUR WITH ENTITIES OTHER THAN  AGENCIES
 AND MUNICIPALITIES.

 S. 3069--A                          3
 
 §  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.

co-Sponsors

View additional co-sponsors

2019-S3069B (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3007, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2832
2011-2012: S431
2013-2014: S3419
2015-2016: S2493
2017-2018: S4168

2019-S3069B (ACTIVE) - Summary

Relates to polystyrene waste reduction; prohibits the use of polystyrene foam by contractors and lessees who deal with the state through state and municipal contracts.

2019-S3069B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3069B                REVISED 6/4/2019

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to polystyrene waste reduction

 
PURPOSE:

The purpose of the bill is to discourage the use of disposable polystyr-
ene foam food service containers by any person or entity that has a
contract with an agency or municipality, and to study the feasibility of
a polystyrene foam food service container ban in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Requires that any state department, agency, board, public benefit corpo-
ration, public authority, commission, municipality, and their contrac-
tors and lessees use disposable food service containers made from mate-
rial other than polystyrene foam, and that they be compostable or
recyclable unless there are no compostable or recyclable alternatives
available at a price not more than 15 percent higher.  Requires the

Department of Environmental Conservation (DEC) to conduct a study on the
desirability, feasibility and environmental impact of a statewide ban on
the use of disposable polystyrene foam food service containers.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would add a new title 30 to Article 27 of the Environmental
Conservation Law.

 
JUSTIFICATION:

Polystyrene foam is a liquid hydrocarbon that is commercially manufac-
tured from petroleum. Each year Americans throw away 25,000,000,000
polystyrene foam cups, which equates to 1,369 tons of polystyrene foam
products every day. A single polystyrene foam cup can take up to 500
years to fully disintegrate. Polystyrene foam, or 'styrofoam' is an
unsustainable product made from petroleum, a fossil fuel and a non-re-
newable resource. Fossil fuels increase carbon dioxide emissions and
other potent greenhouse gases that exacerbate global warming and cause
climate change.

Polystyrene foam is also very difficult to recycle due to its light
weight and low scrap value. It is generally not accepted in curbside
programs, is seldom able to be reused, and takes up a considerable
amount of space in landfills. Research suggests that landfills are
rapidly filling up and contain as much as 30% of the toxin-leaching,
non-biodegradable polystyrene products. Due to the physical properties
of polystyrene foam, the United States Environmental Protection Agency
states "that such materials can have serious impacts on human health,
wildlife, and the aquatic environment," because the product breaks down,
can clog waterways, and is mistaken for food by wildlife.

Polystyrene foam manufacturers are the fifth largest producers of toxic
waste in the United States (U.S.). One of the components of polystyrene
foam, styrene, is a known hazardous substance which was added to the
U.S. Health Department's list of carcinogens in June of 2011. Styrene
exposure increases the risk of leukemia and lymphoma and is a neurotox-

in. Many people do not realize that when they reheat food in a polystyr-
ene foam product using a microwave, toxins are released into their food.

Polystyrene foam bans can be found in California, Florida, Maine, Mary-
land, Massachusetts, Minnesota, New Jersey, Oregon, Texas, Washington
and Washington D.C. $an Francisco, CA realized a 36% decrease in polys-
tyrene food service ware after a one year ban. Food establishments that
have participated in programs to reduce the use of single-use food
service ware have also saved thousands of dollars per year.

Albany County's Chief Executive Dan McCoy expanded a ban on polystyrene
foam service ware in Albany County in September of 2018.  The ban,
initially enacted in 2014 only for chain food establishments, now
requires county government, agencies and those who do business with
Albany County to do the same. A ban on the use of polystyrene single-use
food and beverage containers in New York City, required under Local Law
142, became effective on January 1, 2019.

This bill would address the environmental impacts of polystyrene foam
service ware across New York State, while allowing for exceptions in
cases of financial hardship or where there is no viable alternative
product.

 
LEGISLATIVE HISTORY:

2017-18 S.4168/A.9692 Rozic - died in Environmental Conservation
2015-16 S.2493/A.5743 Kavanaugh - died in Environmental Conservation
2013-14 S.3419-A/A.4973-A Kavanaugh - passed Assembly, died in Environ-
mental Conservation
2011-12 S.431/A.2097 Kavanaugh - notice of committee consideration,
discharged to Rules
2009-10 S.2832-A/A.428-A Kavanaugh - passed Assembly, died in Codes
2008 S.8729/A.11466-A Kavanaugh - passed Assembly, died in Rules

 
FISCAL IMPACT ON THE STATE:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately provided, however, that sections
one and two of this act shall take effect on the one hundred twentieth
day after it shall have become a law.

2019-S3069B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3069--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sens. KRUEGER, BRESLIN, HOYLMAN, LIU, SEPULVEDA, SERRANO
   -- 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 -- reported favorably from said committee and  committed  to
   the  Committee  on  Finance  --  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.

                                                            LBD01301-10-9

 S. 3069--B                          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. FOR THE PURPOSE  OF  THIS  TITLE,
 THE TERM "DISPOSABLE FOOD SERVICE CONTAINER" DOES NOT INCLUDE CONTAINERS
 OR OTHER ITEMS THAT ARE USED FOR THE TRANSPORTATION, STORAGE, OR DISPLAY
 OF  RAW  EGGS, OR RAW OR UNCOOKED BUTCHERED MEATS, FISH, SEAFOOD, AND/OR
 POULTRY SOLD FROM A BUTCHER CASE OR SIMILAR RETAIL APPLIANCE.
   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 FOAM.

 S. 3069--B                          3
 
   2. 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 AND LESSEES THAT OCCUR WITH ENTITIES OTHER THAN  AGENCIES
 AND MUNICIPALITIES.
 § 27-3005. REQUIRED  COMPOSTABLE  OR  RECYCLABLE DISPOSABLE FOOD SERVICE
              CONTAINERS.
   ALL AGENCIES, MUNICIPALITIES, AND THEIR CONTRACTORS AND LESSEES  USING
 ANY  DISPOSABLE  FOOD  SERVICE  CONTAINER  SHALL USE A COMPOSTABLE, HOME
 COMPOSTABLE, OR  RECYCLABLE  PRODUCT,  UNLESS  THERE  IS  NO  AFFORDABLE
 COMPOSTABLE,  HOME  COMPOSTABLE OR RECYCLABLE PRODUCT AVAILABLE. NOTHING
 IN THIS SECTION SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES OF  CONTRAC-
 TORS  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 containers
 that contain polystyrene foam.  The  department  shall  issue  a  report
 containing the results of the study to the legislature no later than the
 thirty-first of January next succeeding the date on which this act shall
 have become a law.
   §  3.  Nothing  in  this  title  shall be construed to apply to public
 school districts.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law and shall  apply  to  contracts  executed  or
 extended  on and after such date; provided, however, that section two of
 this act shall take effect immediately.

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Senate Bill S3069B

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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