This bill has been amended

Bill S4057-2011

Prohibits the sale of expanded polystyrene loosefill packaging

Phases out expanded polystyrene loosefill packaging that does not contain recycled material.

Details

Actions

  • Mar 16, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S4057

TITLE OF BILL: An act to amend the environmental conservation law, in relation to polystyrene loosefill packaging material

PURPOSE: The purpose of this bill is to encourage the reuse of polystyrene materials.

SUMMARY OF SPECIFIC PROVISIONS: This bill would:

* define recycled material to include any of the following polystyrene materials diverted from landfill disposal and derived:

o from a finished product at the end of the product life cycle;

o from a flawed or otherwise unusable finished product; and,

o from manufacturing and fabrication scrap resulting from production

* prohibit the safe, on and after January 1, 2013, of loosefill packaging material that:

o until December 31, 2014, is not comprised of at least 60 percent recycled material;

o after January 1, 2015, until December 31, 2017, is not comprised of at least 80 percent recycled material; and,

o after January 1, 2018, is not comprised of at least 100 percent recycled material

JUSTIFICATION: Polystyrene is not easily recycled due to its light weight and low scrap value. A study in 2008 found that it cost approximately $2,000 per ton to recycle, compared to less than $100 per ton for glass. Polystrene is currently not accepted in curbside recycling programs. As a result, encouraging its reuse represents a more viable alternative to prevent this material from adversely impacting the environment. California adopted similar legislation in 2008, following a comprehensive study on the use and disposal of polystyrene.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4057 2011-2012 Regular Sessions IN SENATE March 16, 2011 ___________
Introduced by Sen. GRISANTI -- 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 polystyrene loosefill packaging material 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 29 to read as follows: TITLE 29 POLYSTYRENE LOOSEFILL PACKAGING MATERIAL SECTION 27-2901. POLYSTYRENE LOOSEFILL PACKAGING MATERIAL. S 27-2901. POLYSTYRENE LOOSEFILL PACKAGING MATERIAL. 1. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING DEFINITIONS SHALL APPLY: (A) "MANUFACTURER" MEANS A PERSON WHO MANUFACTURES LOOSEFILL PACKAGING MATERIAL COMPOSED OF EXPANDED POLYSTYRENE. (B) "RECYCLED MATERIAL" MEANS MATERIAL FROM ANY OF THE FOLLOWING THAT HAS BEEN DIVERTED FROM LANDFILL DISPOSAL INCLUDING: (I) MATERIAL DERIVED FROM A FINISHED POLYSTYRENE PRODUCT THAT HAS COMPLETED ITS INTENDED END USE AND PRODUCT LIFE CYCLE. (II) MATERIAL DERIVED FROM A BLEMISHED, FLAWED, OR OTHERWISE UNUSABLE FINISHED POLYSTYRENE PRODUCT. (III) MATERIAL DERIVED FROM MANUFACTURING AND FABRICATION SCRAP FROM PRODUCTION OF A FINISHED POLYSTYRENE PRODUCT. (C) "WHOLESALER" MEANS A PERSON WHO PURCHASES EXPANDED POLYSTYRENE LOOSEFILL PACKAGING FOR RESALE IN THIS STATE. 2. EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, ON AND AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, A WHOLESALER OR MANUFACTURER SHALL NOT SELL OR OFFER FOR SALE IN THIS STATE EXPANDED POLYSTYRENE LOOSEFILL PACKAGING MATERIAL.
3. SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY TO EXPANDED POLYS- TYRENE LOOSEFILL PACKAGING MATERIAL COMPOSED OF EXPANDED POLYSTYRENE THAT COMPLIES WITH THE FOLLOWING REQUIREMENTS: (A) ON AND AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, INCLUSIVE, IT IS COMPRISED OF AT LEAST SIXTY PERCENT RECYCLED MATERIAL. (B) ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN, INCLUSIVE, IT IS COMPRISED OF AT LEAST EIGHTY PERCENT RECYCLED MATERIAL. (C) ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, IT IS COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIAL. S 2. This act shall take effect immediately.

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