Bill Text: NY S04316 | 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04316 Detail]

Download: New_York-2017-S04316-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4316
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 9, 2017
                                       ___________
        Introduced  by  Sen.  SAVINO -- 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 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
        S. 4316                             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.