NY State Senate Bill 2023-S4414

Senate Bill S4414

2023-2024 Legislative Session

Relates to prohibiting the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage

download bill text pdf

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2023	referred to environmental conservation

2023-S4414 (ACTIVE) - Details

See Assembly Version of this Bill:: A4943
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Title 30 Title Head, §§27-3001, 27-3003, 27-3005 & 27-3007, En Con L

2023-S4414 (ACTIVE) - Summary

Relates to prohibiting the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage beginning January 1, 2024.

2023-S4414 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4414

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale or distribution of expanded polystyrene containers
that are designed or intended to be used for cold storage

 
SUMMARY OF PROVISIONS:

Section 1 amends the title heading of title 30 of article 27 of the
environmental conservation law

Section 2 amends subdivision 4 of section 27-3001 of the environmental
conservation law to include manufacturers of polystyrene coolers

Sections 3 & 4 amend respectively section 27-3003 and 27-3005 to prohib-
it the sale or distribution of polystyrene coolers

Section 5 amends subdivisions 1 and 3 of the environmental conservation
law, preempting local laws and ordinances

Section 6 provides the effective date

 
JUSTIFICATION:

While New York State and other jurisdictions have taken steps to ban
polystyrene foam food and beverage containers, most such bans have left
out one major source of polystyrene pollution: polystyrene foam coolers.
These coolers - which are favored by day-trippers for their portability
and insulation - pose a particular environmental threat.  Many people
bring foam coolers with them to beaches or lakes; this proximity to our
waterways makes it more likely that the coolers end up as pollution.
Many foam coolers are left behind as litter or placed in open waste
receptacles and ultimately wash into the water.  Every year, as many as
seven million foam cooler boxes are sold across the nation. Too many of
these will end up in our lakes, rivers, and oceans.

Polystyrene foam presents risks to public health. While the full impact
on human health is still being studied, scientists have concluded that
microplastics leach toxic chemicals that can accumulate in the body and
pose serious health consequences.The National Institute of Health, for
example, recently added styrene - a major component of polystyrene foam
- to their list of anticipated human carcinogens.

Across the country, legislative bodies have been taking action phase out
polystyrene coolers. Washington state was the first, and so far, only,
state to adopt a statewide ban on foam coolers.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately after becoming law

2023-S4414 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4414
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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
   prohibiting  the sale or distribution of expanded polystyrene contain-
   ers that are designed or intended to be used for cold storage

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The title heading of title 30 of article 27 of the environ-
 mental  conservation law, as added by section 1 of part PP of chapter 58
 of the laws of 2020, is amended to read as follows:
   EXPANDED POLYSTYRENE FOAM  CONTAINER  [AND],  POLYSTYRENE  LOOSE  FILL
 PACKAGING AND POLYSTYRENE COOLER BAN
   §  2.  Subdivision 4 of section 27-3001 of the environmental conserva-
 tion law, as added by section 1 of part PP of chapter 58 of the laws  of
 2020, is amended to read as follows:
   4. "Manufacturer" means every person, firm or corporation that produc-
 es or imports polystyrene loose fill packaging that is sold, offered for
 sale,  or  distributed  in the state, OR THAT MAKES EXPANDED POLYSTYRENE
 PORTABLE CONTAINERS THAT ARE DESIGNED OR INTENDED TO BE  USED  FOR  COLD
 STORAGE.
   §  3.  The  section  heading  of  section 27-3003 of the environmental
 conservation law, as added by section 1 of part PP of chapter 58 of  the
 laws of 2020, is amended and a new paragraph (c) is added to subdivision
 1 to read as follows:
   Expanded  polystyrene  foam  container  [and],  polystyrene loose fill
 packaging, AND POLYSTYRENE COOLER ban.
   (C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO COVERED FOOD
 SERVICE PROVIDER, MANUFACTURER OR STORE SHALL SELL, OFFER FOR  SALE,  OR
 DISTRIBUTE EXPANDED POLYSTYRENE CONTAINERS THAT ARE DESIGNED OR INTENDED
 TO  BE  USED  FOR COLD STORAGE, INCLUDING BUT NOT LIMITED TO COOLERS AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06060-01-3
 S. 4414                             2

 
 ICE CHESTS, WHICH ARE NOT WHOLLY ENCAPSULATED OR ENCASED WITHIN  A  MORE
 DURABLE MATERIAL.
   § 4. Paragraph (b) of subdivision 1 of section 27-3005 of the environ-
 mental  conservation law, as added by section 1 of part PP of chapter 58
 of the laws of 2020, is amended and a new paragraph (c) is added to read
 as follows:
   (b) Raw meat, pork, seafood, poultry or fish sold for the  purpose  of
 cooking or preparing off-premises by the customer[.]; OR
   (C)  EXPANDED  POLYSTYRENE CONTAINERS USED FOR DRUGS, MEDICAL DEVICES,
 AND BIOLOGICAL MATERIALS AS DEFINED  IN  THE  FEDERAL  FOOD,  DRUG,  AND
 COSMETIC ACT (21 U.S.C. SEC. 301 ET SEQ.).
   §  5.  Subdivisions  1  and  3 of section 27-3007 of the environmental
 conservation law, as added by section 1 of part PP of chapter 58 of  the
 laws of 2020, are amended to read as follows:
   1.  Except  as provided in subdivisions two and three of this section,
 this title shall supersede and preempt all  local  laws,  ordinances  or
 regulations  governing  the  sale,  offer  for  sale, or distribution of
 disposable food service containers containing expanded polystyrene  foam
 [and];   polystyrene  loose  fill  packaging  AND  EXPANDED  POLYSTYRENE
 CONTAINERS THAT ARE DESIGNED OR INTENDED TO BE USED FOR COLD STORAGE.
   3. This title shall not apply in a  city  with  a  population  of  one
 million  or more which has a local law, ordinance or regulation in place
 which restricts the sale, offer for sale, or  distribution  of  expanded
 polystyrene  containers  [and],  polystyrene  loose  fill  packaging AND
 EXPANDED POLYSTYRENE CONTAINERS THAT ARE DESIGNED OR INTENDED TO BE USED
 FOR COLD STORAGE.
   § 6. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.