Bill Text: NY A04138 | 2013-2014 | General Assembly | Amended

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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) 2014-06-03 - reported referred to codes [A04138 Detail]

Download: New_York-2013-A04138-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4138--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced  by M. of A. ENGLEBRIGHT, COOK, WEISENBERG -- Multi-Sponsored
         by -- M. of A.  COLTON, CYMBROWITZ, DINOWITZ -- read once and referred
         to the Committee on Environmental Conservation -- recommitted  to  the
         Committee  on  Environmental  Conservation in accordance with Assembly
         Rule  3,  sec.  2  --  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 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07640-02-4
       A. 4138--A                          2
    1    2.  EXCEPT  AS  PROVIDED  IN SUBDIVISION THREE OF THIS SECTION, ON AND
    2  AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, A WHOLESALER OR  MANUFACTURER
    3  SHALL  NOT  SELL  OR  OFFER  FOR SALE IN THIS STATE EXPANDED POLYSTYRENE
    4  LOOSEFILL PACKAGING MATERIAL.
    5    3.  SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY TO EXPANDED POLYS-
    6  TYRENE LOOSEFILL PACKAGING MATERIAL  COMPOSED  OF  EXPANDED  POLYSTYRENE
    7  THAT COMPLIES WITH THE FOLLOWING REQUIREMENTS:
    8    (A)  ON  AND AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, UNTIL DECEMBER
    9  THIRTY-FIRST, TWO THOUSAND SEVENTEEN, INCLUSIVE, IT IS COMPRISED  OF  AT
   10  LEAST SIXTY PERCENT RECYCLED MATERIAL.
   11    (B)  ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, UNTIL DECEMBER
   12  THIRTY-FIRST, TWO THOUSAND TWENTY, INCLUSIVE,  IT  IS  COMPRISED  OF  AT
   13  LEAST EIGHTY PERCENT RECYCLED MATERIAL.
   14    (C)  ON  AND  AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-ONE, IT IS
   15  COMPRISED OF ONE HUNDRED PERCENT RECYCLED MATERIAL.
   16    S 2. This act shall take effect immediately.