Bill Text: NY A04603 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to polystyrene waste reduction; prohibits the use of polystyrene foam by contractors and lessees who deal with the state through state and municipal contracts.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Introduced) 2019-06-06 - reported referred to rules [A04603 Detail]

Download: New_York-2019-A04603-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4603--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2019
                                       ___________

        Introduced  by  M.  of  A.  ROZIC, PAULIN, LUPARDO, COLTON, ENGLEBRIGHT,
          GALEF, L. ROSENTHAL, OTIS, ABINANTI, FAHY,  STIRPE,  LIFTON,  SIMOTAS,
          WEPRIN,  GOTTFRIED,  SIMON  --  Multi-Sponsored  by  -- M. of A. COOK,
          DINOWITZ, GLICK, GRIFFIN, PERRY, THIELE -- read once and  referred  to
          the  Committee  on Environmental Conservation -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          polystyrene waste reduction

          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
     2  amended by adding a new title 30 to read as follows:

     3                                  TITLE 30
     4                          POLYSTYRENE WASTE REDUCTION

     5  Section 27-3001. Definitions.
     6          27-3003. Prohibited disposable food service containers.
     7          27-3005. Required  compostable  or  recyclable  disposable  food
     8                     service containers.
     9          27-3007. Powers of municipalities.

    10  § 27-3001. Definitions.
    11    For  the  purposes  of  this title, the following terms shall have the
    12  following meanings:
    13    1. "Affordable" means purchasable for not more  than  fifteen  percent
    14  more  than  the  purchase  cost of the non-compostable or non-recyclable
    15  alternative.
    16    2.  "Agency" means any state department, agency, board, public benefit
    17  corporation, public authority, or commission.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01301-07-9

        A. 4603--A                          2

     1    3.  "Compostable" means all the materials in the  product  or  package
     2  meet the American Society for Testing and Materials (ASTM) International
     3  Standard  Specification  for  Compostable  Plastics D6400, and will: (a)
     4  undergo degradation by biological  processes  during  composting  in  an
     5  appropriate  municipal or industrial composting facility to yield carbon
     6  dioxide, water, inorganic compounds, and biomass at  a  rate  consistent
     7  with  other  known  compostable materials in similar facilities; and (b)
     8  leave no visible, distinguishable or toxic residue, including no adverse
     9  impact on the ability of composts  to  support  plant  growth  once  the
    10  finished compost is placed in soil.
    11    4.  "Contractors  and  lessees"  mean  any person or entity that has a
    12  contract with an agency or a municipality for public works  or  improve-
    13  ments to be performed, for a franchise, concession or lease of property,
    14  for  grant  monies  or goods and services or supplies to be purchased at
    15  the expense of the agency or municipality or to be paid  out  of  monies
    16  deposited  in  the  treasury or out of trust monies under the control or
    17  collected by the agency or municipality.
    18    5. "Disposable food service container"` means all  containers,  bowls,
    19  plates,  trays, cartons, cups, lids and other items that are designed or
    20  generally recognized by the public as being designed for one-time use to
    21  hold,  contain,  or  transport  foods,  including  without   limitation,
    22  containers  for  takeout  foods and/or leftovers from partially consumed
    23  meals prepared by retail food vendors. The term "disposable food service
    24  containers" does not include items  composed  entirely  of  aluminum  or
    25  polystyrene foam coolers and ice chests that are intended for reuse.
    26    6.  "Home compostable" means all the materials in the product or pack-
    27  age conform with the Vincotte OK Compost Home  certification  using  the
    28  European  Norm 13432 standard, or a comparable standard as determined by
    29  the department, and will: (a) undergo degradation  by  biological  proc-
    30  esses during composting in a home compost pile or device to yield carbon
    31  dioxide,  water,  inorganic  compounds, and biomass at a rate consistent
    32  with other known compostable materials in similar  facilities;  and  (b)
    33  leave no visible, distinguishable or toxic residue, including no adverse
    34  impact  on  the  ability  of  composts  to support plant growth once the
    35  finished compost is placed in soil.
    36    7. "Municipality" means a village,  town,  city,  or  county,  or  any
    37  designated agency thereof.
    38    8. "Polystyrene foam" means blown polystyrene and expanded and extrud-
    39  ed  foams  that  are  thermoplastic  petrochemical materials utilizing a
    40  styrene monomer and processed by any number of techniques including, but
    41  not limited to, fusion of polymer spheres, injection molding, foam mold-
    42  ing, and extrusion-blown molding.  Polystyrene foam is generally used to
    43  make cups, bowls, plates, trays, clamshell containers,  meat  trays  and
    44  egg cartons. Such term shall not include rigid polystyrene.
    45    9. "Recyclable" means material that can be sorted, cleansed and recon-
    46  stituted  using  available recycling collection programs for the purpose
    47  of using the altered form in the manufacture of a new product. Recycling
    48  does not include burning, incinerating, converting, or  otherwise  ther-
    49  mally destroying solid waste.
    50  § 27-3003. Prohibited disposable food service containers.
    51    1.  Agencies,  municipalities, and their contractors and lessees shall
    52  not purchase, acquire, possess, sell, use, or offer for  use  disposable
    53  food service containers that contain polystyrene.
    54    2. Nothing in this section shall be construed to govern the activities
    55  of contractors and lessees that occur outside of the state or activities

        A. 4603--A                          3

     1  of  contractors and lessees that occur with entities other than agencies
     2  and municipalities.
     3  §  27-3005.  Required  compostable or recyclable disposable food service
     4                 containers.
     5    Agencies, municipalities, and their contractors and lessees shall  use
     6  disposable food service containers made from material, other than polys-
     7  tyrene  foam, that is compostable, home compostable or recyclable unless
     8  there is no affordable compostable, home compostable or recyclable prod-
     9  uct available. Nothing in this section shall be construed to govern  the
    10  activities of contractors and lessees that occur outside of the state or
    11  activities of contractors of lessees that occur with entities other than
    12  agencies or municipalities.
    13  § 27-3007. Powers of municipalities.
    14    Any  agency or municipality may promulgate regulations, ordinances, or
    15  laws to take any and all reasonable actions necessary to  implement  and
    16  enforce this title.
    17    §  2.  The  department  of  environmental conservation shall conduct a
    18  study on the desirability, feasibility and  environmental  impact  of  a
    19  statewide  prohibition  on  the use of disposable food service ware that
    20  contains polystyrene foam. The department shall issue a report  contain-
    21  ing  the results of the study to the legislature no later than the thir-
    22  ty-first of January next succeeding the date on  which  this  act  shall
    23  have become a law.
    24    §  3.  This act shall take effect immediately; provided, however, that
    25  section one of this act shall take effect on the one  hundred  twentieth
    26  day after it shall have become a law.
feedback