Assembly Bill A5248

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5248
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the "New York state waste recycling and reduction act"
 
   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 "New York state waste recycling and reduction act".
   § 2. Article 27 of the environmental conservation law  is  amended  by
 adding a new title 34 to read as follows:
                                 TITLE 34
                           COMMERCIAL RECYCLING
 SECTION 27-3401. DEFINITIONS.
         27-3403. COMMERCIAL RECYCLING PROGRAM.
 § 27-3401. DEFINITIONS.
   FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   1.  "COMMERCIAL BUILDING" SHALL MEAN ANY BUILDING THAT IS USED, OR ANY
 BUILDING OF WHICH A PORTION IS USED, FOR BUYING,  SELLING  OR  OTHERWISE
 PROVIDING  GOODS  OR SERVICES, OR FOR OTHER LAWFUL BUSINESS, COMMERCIAL,
 PROFESSIONAL SERVICES OR MANUFACTURING ACTIVITIES;
   2. "RECYCLE" SHALL MEAN TO SEPARATE, DISMANTLE OR PROCESS THE  MATERI-
 ALS,  COMPONENTS  OR  COMMODITIES  CONTAINED IN WASTE FOR THE PURPOSE OF
 PREPARING THE MATERIALS,  COMPONENTS  OR  COMMODITIES  FOR  USE  IN  NEW
 PRODUCTS  OR  COMPONENTS  THEREOF, BUT NOT FOR ENERGY RECOVERY OR ENERGY
 GENERATION BY MEANS OF  COMBUSTION,  GASIFICATION,  PYROLYSIS  OR  OTHER
 MEANS.  RECYCLING INCLUDES THE MANUAL AND MECHANICAL SEPARATION OF ELEC-
 TRONIC WASTE TO RECOVER MATERIALS, COMPONENTS OR  COMMODITIES  CONTAINED
 THEREIN FOR THE PURPOSE OF RECYCLING, AND CHANGING THE PHYSICAL OR CHEM-
 ICAL  COMPOSITION OF WASTE TO SEGREGATE COMPONENTS FOR PURPOSES OF RECY-
 CLING THOSE COMPONENTS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08492-01-5
              

 A. 5248                             2
 
   3. "SINGLE-USE PLASTIC PRODUCTS" SHALL INCLUDE:
   (A) PLASTIC BAGS;
   (B) CLING FILM PLASTIC FOOD PACKAGING;
   (C) NON-RECYCLABLE PLASTIC BOTTLES;
   (D) PLASTIC STRAWS;
   (E)  PLASTIC  PLATES,  NON-REUSABLE  PLASTIC CONTAINERS, PLASTIC CUPS,
 PLASTIC LIDS AND PLASTIC STIRRERS;
   (F) PLASTIC CUTLERY;
   (G) PLASTIC RINGS USED IN PACKAGING;
   (H) STYROFOAM PLATES, STYROFOAM  TAKE-AWAY  CONTAINERS  AND  STYROFOAM
 TRAYS; AND
   (I) ANY OTHER SINGLE-USE PLASTIC PRODUCTS DETERMINED TO BE INCLUDED BY
 THE DEPARTMENT.
 § 27-3403. COMMERCIAL RECYCLING PROGRAM.
   1.  THE  DEPARTMENT  SHALL ESTABLISH A COMMERCIAL RECYCLING PROGRAM TO
 REQUIRE EACH COMMERCIAL BUILDING IN THE STATE TO RECYCLE PAPER  PRODUCTS
 AND SINGLE-USE PLASTIC PRODUCTS PRODUCED OR USED ON SITE.
   2.  EACH COMMERCIAL BUILDING SHALL ARRANGE FOR THE COLLECTION OF PAPER
 PRODUCTS AND SINGLE-USE PLASTIC  PRODUCTS.  A  COMMERCIAL  BUILDING  MAY
 ARRANGE  FOR  THE  COLLECTION  OF SUCH PRODUCTS BY A PRIVATE CARTER, MAY
 TRANSPORT SUCH PRODUCTS ITSELF, OR MAY PROCESS SUCH PRODUCTS ON SITE, IF
 THE DEPARTMENT DETERMINES THAT ADEQUATE RECYCLING PROCESSES EXIST.
   3. COMMERCIAL PROPERTY OWNERS AND COMMERCIAL BUILDING MANAGEMENT SHALL
 PROVIDE COLLECTION AND EDUCATIONAL RESOURCES, INCLUDING REGULAR  PERIOD-
 ICAL  GUIDANCE,  TRAINING,  UPDATES,  SIGNAGE, AND FLYERS, FOR ITS WORK-
 FORCE, TENANTS AND THE PUBLIC FOR THE PURPOSES OF TEACHING AND RETAINING
 EFFECTIVE PROCEDURES FOR SORTING MATERIALS FOR RECYCLING.
   4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AS  NECESSARY
 TO IMPLEMENT THIS TITLE.
   5.  THIS  TITLE  SHALL NOT LIMIT THE AUTHORITY OF A LOCAL GOVERNMENTAL
 AGENCY TO ADOPT, IMPLEMENT, OR ENFORCE REQUIREMENTS  ON  RECYCLING  THAT
 ARE MORE STRINGENT OR COMPREHENSIVE THAN THE REQUIREMENTS OF THIS TITLE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.