Bill Text: NY A00708 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 708 (Prior Session Legislation)

Introduced

Bill Title: Prohibits the sale or commercial use of styrofoam, commonly known as "packing peanuts" as a packaging material.

Sponsorship: Partisan Bill (Democrat 6)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A00708 Detail]

Download: New_York-2015-A00708-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          708
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. ENGLEBRIGHT, COOK -- Multi-Sponsored by -- M. of
         A. COLTON, CYMBROWITZ, DINOWITZ --  read  once  and  referred  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:
    1    Section 1. Article 27 of the environmental conservation law is amended
    2  by adding a new title 28 to read as follows:
    3                                   TITLE 28
    4                  POLYSTYRENE LOOSEFILL PACKAGING MATERIAL
    5  SECTION 27-2801. POLYSTYRENE LOOSEFILL PACKAGING MATERIAL.
    6  S 27-2801. POLYSTYRENE LOOSEFILL PACKAGING MATERIAL.
    7    1.  FOR  THE  PURPOSES  OF THIS TITLE, THE FOLLOWING DEFINITIONS SHALL
    8  APPLY:
    9    (A) "MANUFACTURER" MEANS A PERSON WHO MANUFACTURES LOOSEFILL PACKAGING
   10  MATERIAL COMPOSED OF EXPANDED POLYSTYRENE.
   11    (B) "RECYCLED MATERIAL" MEANS MATERIAL FROM ANY OF THE FOLLOWING  THAT
   12  HAS BEEN DIVERTED FROM LANDFILL DISPOSAL INCLUDING:
   13    (I)  MATERIAL  DERIVED  FROM  A  FINISHED POLYSTYRENE PRODUCT THAT HAS
   14  COMPLETED ITS INTENDED END USE AND PRODUCT LIFE CYCLE.
   15    (II) MATERIAL DERIVED FROM A BLEMISHED, FLAWED, OR OTHERWISE  UNUSABLE
   16  FINISHED POLYSTYRENE PRODUCT.
   17    (III)  MATERIAL  DERIVED FROM MANUFACTURING AND FABRICATION SCRAP FROM
   18  PRODUCTION OF A FINISHED POLYSTYRENE PRODUCT.
   19    (C) "WHOLESALER" MEANS A PERSON  WHO  PURCHASES  EXPANDED  POLYSTYRENE
   20  LOOSEFILL PACKAGING FOR RESALE IN THIS STATE.
   21    2.  EXCEPT  AS  PROVIDED  IN SUBDIVISION THREE OF THIS SECTION, ON AND
   22  AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, A WHOLESALER OR MANUFACTUR-
   23  ER SHALL NOT SELL OR OFFER FOR SALE IN THIS STATE  EXPANDED  POLYSTYRENE
   24  LOOSEFILL PACKAGING MATERIAL.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05970-01-5
       A. 708                              2
    1    3.  SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY TO EXPANDED POLYS-
    2  TYRENE LOOSEFILL PACKAGING MATERIAL  COMPOSED  OF  EXPANDED  POLYSTYRENE
    3  THAT COMPLIES WITH THE FOLLOWING REQUIREMENTS:
    4    (A) ON AND AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, UNTIL DECEMBER
    5  THIRTY-FIRST,  TWO  THOUSAND  EIGHTEEN, INCLUSIVE, IT IS COMPRISED OF AT
    6  LEAST SIXTY PERCENT RECYCLED MATERIAL.
    7    (B) ON AND AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, UNTIL  DECEMBER
    8  THIRTY-FIRST,  TWO THOUSAND TWENTY-ONE, INCLUSIVE, IT IS COMPRISED OF AT
    9  LEAST EIGHTY PERCENT RECYCLED MATERIAL.
   10    (C) ON AND  AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-TWO,  IT  IS
   11  COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIAL.
   12    S 2. This act shall take effect immediately.