New York lawmakers introduce EPR legislation

Megan Smalley for Recycling Today

February 01, 2021

Originally published in Recycling Today on February 01, 2021.

State lawmakers introduced S.1185A, which would require packaging producers to pay for recycling.

New York State Sen. Todd Kaminsky and Assemblyman Steve Englebright have introduced S.1185A, which would require packaging producers in the state to pay for recycling.

The bill states that by shifting the responsibility from local governments to corporate producers for the end-of-life disposal of packaging and paper products, recycling in the state will increase. Under the bill, producers would be required to finance the recycling of their paper products and packaging materials but also would be rewarded for enhancing the recyclability of the items.

S.1185A states that within three years after the effective date of its implementation, producers would have to comply with the provisions of the bill individually or as part of a producer responsibility organization. Within one year after the department approves a producer responsibility plan, producers would be required to meet the minimum postconsumer recycled material content rate and minimum recycling rate for a covered material or product as approved by the department in the producer responsibility plan.

The bill says producers will be exempt from the requirements if the producer generates less than $1 million in annual revenues; generates less than 1 ton of covered materials or products supplied to New York state residents per year; or operates as a single point of retail sale and is not supplied or operated as part of a franchise.

According to the bill, the program also would create a funding mechanism to cover costs, and charges would be adjusted based on the rate of recycled content after it is used by consumers.

If S.1185 passes, no producer would be permitted to sell any covered materials in the state unless they are covered by a producer responsibility organization plan approved by state regulators.