Bill Text: NY A01534 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A01534 Detail]

Download: New_York-2017-A01534-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1534
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        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  § 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 eighteen, a wholesaler or manufacturer
    23  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.
                                                                   LBD05574-01-7
        A. 1534                             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 eighteen, until December
     5  thirty-first, two thousand nineteen, inclusive, it is  comprised  of  at
     6  least sixty percent recycled material.
     7    (b)  On  and  after January first, two thousand twenty, until December
     8  thirty-first, two thousand twenty-two, inclusive, it is comprised of  at
     9  least eighty percent recycled material.
    10    (c)  On  and  after  January  first,  two thousand twenty-three, it is
    11  comprised of one hundred percent recycled material.
    12    § 2. This act shall take effect immediately.