Bill Text: NY S04057 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04057 Detail]

Download: New_York-2011-S04057-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4057
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    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:
    1    Section 1. Article 27 of the environmental conservation law is amended
    2  by adding a new title 29 to read as follows:
    3                                   TITLE 29
    4                  POLYSTYRENE LOOSEFILL PACKAGING MATERIAL
    5  SECTION 27-2901. POLYSTYRENE LOOSEFILL PACKAGING MATERIAL.
    6  S 27-2901. 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 THIRTEEN, 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.
                                                                  LBD08925-02-1
       S. 4057                             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 THIRTEEN, UNTIL DECEMBER
    5  THIRTY-FIRST, TWO THOUSAND FOURTEEN, INCLUSIVE, IT IS  COMPRISED  OF  AT
    6  LEAST SIXTY PERCENT RECYCLED MATERIAL.
    7    (B)  ON  AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, UNTIL DECEMBER
    8  THIRTY-FIRST, TWO THOUSAND SEVENTEEN, INCLUSIVE, IT IS COMPRISED  OF  AT
    9  LEAST EIGHTY PERCENT RECYCLED MATERIAL.
   10    (C) ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, IT IS COMPRISED
   11  OF ONE HUNDRED PERCENT RECYCLED MATERIAL.
   12    S 2. This act shall take effect immediately.