Packaging Waste Bill Stalls as New York State Legislature Ends

A bill extending producer responsibility for packaging failed to pass the New York State Legislature as the 2023 session wrapped last week.

The Packaging Reduction and Recycling Infrastructure Act (S4246), sponsored by Sen. Pete Harckham (D), aimed to shift waste responsibility from consumers to producing companies. It would require producers to cut packaging by 50% over 12 years.

In an effort to spur the measure through the legislature, lawmakers added last-minute amendments to address concerns from environmental groups and plastic manufacturers. One amendment would have allowed the legislature to revisit and adjust the definition of recycling every three years, a response to concerns over the exclusion of chemical recycling.

The bill passed unanimously through the Senate Finance Committee, according to Harckham, but failed to make it to the floor before the regular session concluded.

Harckham’s legislation prioritized considering the environmental impact of packaging materials. Under extended producer responsibility, manufacturers take responsibility for all stages of their product, including disposal.

Maine, Oregon, Colorado, and California have passed similar laws.

“It’s about saving municipalities and taxpayers money, it’s about reducing waste in the waste stream,” Harckham said.

This includes methods such as only using recyclable components and avoiding toxic substances like per- and polyfluoroalkyl substances (PFAS), according to Beyond Plastics deputy director Jennifer Congdon.

Extended producer responsibility is part of efforts by groups like Beyond Plastics, which aim to reduce packaging and plastics pollution.

“We cannot continue to consume products in the way that we have been consuming them,” Congdon said.