Senator Harckham and Advocates Announce Bill to Reduce Packaging and Increase Recycling

For Immediate Release: February 7, 2023

New legislation will reduce plastic and paper waste, increase recycling, encourage use of recyclable materials—and save local governments money

Albany, NY – A number of important environmental and governmental advocates joined New York State Senator Pete Harckham today for an announcement of his new legislation, the Packaging Reduction and Recycling Infrastructure Act. The legislation will revolutionize New York’s approach to solid waste and focus responsibility on the corporations that put packaging into the stream of commerce and help to relieve the burden placed on local governments, taxpayers and consumers for the management & disposal of most of New York’s solid waste.

The new bill (S.4246) will require companies with a net annual income of over $1 million to reduce consumer packaging, improve recycling efforts of their product packaging and help update recycling infrastructure. Additionally, companies will be expected to create and /     or maintain reusable and refill infrastructure, support municipal recycling programs financially and reduce the toxins in their packaging.

“We need to immediately address one of the dire problems of our age: the tremendous amount of waste, much of it recyclable, that we create each day—and that costs taxpayers and municipalities hundreds of millions of dollars in wasted carting and recycling costs,” said Harckham, chair of the Senate Environmental Conservation Committee. “The only way we can begin to mitigate the growing issue of waste pollution, which threatens our natural resources, is for the initial producers of this waste to be fully involved with the end-of-life solutions. Right now, municipalities and taxpayers are footing practically all of the enormous costs of product packaging pollution and recycling, and that’s neither fair nor viable in the long run.”

To view a video of the announcement, click here.

The average New Yorker creates nearly 5 pounds of trash every day, which means our state produces approximately 15 million tons of waste each year. This waste primarily goes to landfills and incinerators, and often ends up in our water, natural habitats, and public spaces.   

The recycling rate for the entire United States was estimated to be between 5-6% in 2021. While New Yorkers understand the importance of reducing their waste, reusing what we can and recycling, our current system is not meeting our environmental demands. Local governments continue to struggle with recycling costs and infrastructure, evidenced through increased taxes or significantly limited materials that can be collected.

Harckham’s bill will require eligible producers of consumer packaging and recyclable waste to join a Producer’s Responsibility Organization (PRO) within a year of the bill’s enactment and create a plan within 18 months for submission to an advisory council to gauge compliance with the new packaging and recycling rules. Once approved, producers have six months to put their plan into action.

The bill’s timeline calls for producers to reduce their packaging by 10% of weight within three years, 20% by five years, 30% by eight years, 40% by 10 years and 50% by 12 years.

Moreover, there will be specific standards for post-consumer recycled material for packaging. Glass should be at least 35% post-consumer recycled content, paper carry out bags should be 40% and plastic bags should be 20%.

However, Harckham’s bill explicitly does not cover, among other things, newspapers and magazines, medical products and devices, and beverage containers subject to the returnable deposit under current law.

The New York State Department of Environmental Conservation (DEC) will determine the effectiveness of each producer’s education and outreach efforts regarding their packaging plan. If a plan is not approved within two years, the producer may be subject to penalties for noncompliance.

To this end, the bill will establish an Office of the Inspector General under DEC to gauge compliance. Producers in violation will be fined $100,000 a day until requirements have been implemented. The PRO will be required to submit an annual report on their packaging and recycling.

A fee system will be instituted and approved by the DEC for the PRO to calculate costs to provide curbside collection, process materials for recycling and to deal with packaging that cannot be processed or recycled.                

Unlike the  proposal in the Executive Budget, Harckham’s bill also focuses on eliminating toxic chemicals and compounds in packaging material. This bill, once enacted, will give producers two years to remove certain toxic substances—PFAs, heavy metals, formaldehyde, halogenated flame retardants and more—from their packaging. Three years after the bill’s enactment, DEC must add  another 10 or more substances to this list of proscribed toxic chemicals.

Adrienne Esposito, Executive Director of Citizens Campaign for the Environment (CCE), said: “It’s time for corporations to take out their own trash. Each year companies ship billions of packages, exacerbating the solid waste crisis, yet bear no responsibility for managing the waste they create. Municipalities and taxpayers should not have to shoulder the financial burden of paying for corporations’ excessive and unrecyclable packing, we need to hold corporations responsible. CCE applauds Senator Harckham for taking the lead in addressing New York’s solid waste and recycling crisis by introducing the Packaging Reduction and Recycling Infrastructure Act.”

Bobbi Wilding, Executive Director of Clean+Healthy New York, said: “We are grateful to Senator Harckham for introducing a bill that addresses our waste problem through provisions that drive reuse infrastructure, restrict toxic chemicals, and ensure 'recycling' technologies don't serve as a proxy for burning fossil fuels with plastic as a pass-through. Making this bill law will move New York in the direction of a circular economy that protects our health and the environment.” 

Caitlin Ferrante, Conservation Program Manager, Sierra Club Atlantic Chapter, said: “Addressing the full lifecycle of packaging and paper products is an essential piece of the circular economy we want to achieve here in New York. We are grateful to Senator Harckham for introducing this comprehensive legislation and look forward to working with him and the legislature to get this bill passed this year.”

Eric A. Goldstein, New York City Environment Director at the Natural Resources Defense Council, said: “This sensible and visionary legislation promises to save money for municipalities and taxpayers, remove toxic substances from packaging and incentivize producers to cut waste. Senator Peter Harckham has found just the right formula for a 21st century waste reform bill—centering waste prevention and reuse, discouraging climate-destroying single-use plastics and protecting public health.  Bravo to Senator Harckham for his leadership in advancing this sound proposal.”

Julie Tighe, President of the New York League of Conservation Voters, said: “To achieve our goal of zero waste, New York State must adopt policies to create a circular economy that prioritizes recycled and recyclable materials and incentivizes using less packaging in the first place. That is why the Packaging Reduction and Recycling Infrastructure Act is one of NYLCV's top priorities in 2023. We applaud Senator Harckham for introducing this measure and urge the Legislature and Governor to come together to pass a bill that sets strong minimum rates for diversion, recycled content, and waste reduction, cuts toxic chemicals in packaging and makes producers responsible.”

Stephen J. Acquario, Executive Director of the New York State Association of Counties, said: “We commend Senator Harckham for introducing legislation that will require companies to take more responsibility for recycling their own packaging. The Packaging Reduction and Recycling Infrastructure Act will shift the burden of managing the ever-increasing boxes in our waste stream from local governments to brand owners. Not only will this legislation provide relief to local governments, but it will also incentivize producers to reduce waste and use packaging that’s safer and easier to recycle. We urge the Legislature to pass this bill to modernize New York State’s recycling system and make producers take responsibility for the end-of-life management of their products.”

Scott Cassel, CEO and Founder of the Product Stewardship Institute, said: “The bill introduced by Senator Harckham sets aggressive yet achievable goals, with strong government oversight and enforcement. It will reduce the long-time financial and management burden on governments and taxpayers and place greater responsibility on consumer brands.”

Killala Kite, Communities and Legislative Associate at Environmental Advocates NY, said: “Approaches that meaningfully address the packaging waste crisis and move New York closer towards a zero-waste future are good for our health and good for our climate. Requiring producers of packaging waste to take responsibility for the environmental impacts of their products will help ensure consistent recycling access, high participation rates, better infrastructure, and more stable markets. We are deeply grateful to Senator Harckham for his leadership and dedication to this issue.”

New York Senator Brian Kavanagh, who co-sponsors the bill, said: “Our take-make-use-dispose habits are depleting our resources, polluting our environment, exposing people to harmful toxins, imposing high costs on local governments and their constituents, and contributing to climate change that threatens the habitability of our planet. By dramatically diminishing the large portion of waste that comes from packaging and paper products, and requiring producers to take responsibility for working with suppliers, retailers, and consumers to reduce, reuse, and recycle materials, Senator Pete Harckham’s legislation would represent a huge step forward on virtually every one of our environmental priorities. I thank Senator Harckham for his leadership and I look forward to working with him and our colleagues in the legislature, Governor Kathy Hochul, and the many environmental advocates, local governments, and community leaders who are committed to getting this done.”

Pete Harckham represents the 40th Senate District, which includes the towns of Carmel, Kent, Patterson and Southeast, and the village of Brewster in Putnam County; the town of Stony Point in Rockland County; and the city of Peekskill, the towns of Bedford, Cortlandt, Lewisboro, New Castle, North Salem, Somers and Yorktown, the town / village of Mount Kisco and Ossining, and the villages of Briarcliff Manor, Buchanan and Croton-on-Hudson in Westchester County.

New Yorkers Need Leadership from State Legislators to Increase Recycling, Reduce Landfilling, and fight Climate Change

National and State Not-for-Profit and Non-Governmental Organizations Join Together to Say Pass Extended Producer Responsibility Legislation in 2022 and Take the Burden off Taxpayers and Communities

ALBANY, NY (May 3, 2022) – The New York State legislature has less than a month left this session to remove the economic burden of hundreds of millions of dollars from taxpayers and municipalities by passing extended producer responsibility (EPR) legislation.  EPR is a strategy that mandates producers’ responsibility for their packaging by making them financially accountable for its end-of-life.  In addition to its economic benefits, EPR will also bring universal curbside recycling to all New Yorkers and make it as easy to recycle as throw something away, which positively impacts the climate, reduces waste destined for disposal, and cleans up our communities. State and national leaders from Citizens Campaign for the Environment, the New York League of Conservation Voters, the New York Product Stewardship Council, and The Recycling Partnership have joined together to bring to the forefront that there is no better time in New York’s history to make as big an impact on the state’s recycling system as there is now.

The Intergovernmental Panel on Climate Change’s recent report on the limited time the world has left to halt the most dire impacts of climate change has made it clear we are all in a now or never moment and under the state’s landmark climate law, the Climate Action Council has included packaging producer responsibility in its list of policy tools to address New York’s solid waste problems and reduce GHG emissions. Expanding convenient and simplified recycling opportunities for all New Yorkers will collectively contribute to a reduction in GHG emissions by reducing the use of virgin materials in new products, driving a circular economy by using post-consumer materials, and expanding access to recycling to all New Yorkers. Now is the time for New York’s legislative leaders to step up and make history by overhauling and improving the state’s recycling system.

The following statement can be attributed to the Citizens Campaign for the Environment, the New York League of Conservation Voters, the New York Product Stewardship Council, and The Recycling Partnership:

“On behalf of New York’s 20 million people, we strongly urge the New York Legislature to take advantage of the momentum that producer responsibility has in the state and across the country and pass it this year. Governor Hochul and the NYS Senate included EPR language in their respective budget proposals, although the policy was not included in the final budget agreement. Now, with Senator Kaminsky recently advancing EPR legislation (S.1185C) out of the Senate Environmental Conservation Committee, and Assemblyman Englebright expected to introduce new EPR legislation imminently, we are urging the legislature and Governor to get a strong, well-designed EPR bill passed and signed into law this year. We have discussed these concepts for years. The time is NOW to empower all New Yorkers with adequate access to recycling.”

“We are at a tipping point with the state’s solid waste crisis, and we can’t afford to wait another year to address it. We are counting on the Senate and Assembly to come together and pass a strong EPR bill this session,” said Adrienne Esposito, Executive Director of Citizens Campaign for the Environment (CCE). “The cost of waste disposal has skyrocketed and the amount of waste we generate continues to grow. Continuing with the status quo is no longer an option for local governments or our environment. Instead of putting the onus on taxpayers to foot the bill for corporations’ excessive and unrecyclable packaging, we need to hold those corporations responsible for reducing their packaging waste and making it easier to recycle.”

“The people of New York deserve the chance to live more sustainable lives, and a thoughtful, well-designed bill would deliver recycling to every New Yorker,” says Keefe Harrison, CEO of the national nonprofit The Recycling Partnership, which recently supported the significant expansion of Cohoes’ curbside recycling program. “This is about equity and a cleaner future for our children.”

Patrick McClellan, Director of Policy for the New York League of Conservation Voters, said, "We have a waste crisis in our state, and we need to take the burden off residents and local governments. Passing extended producer responsibility (EPR) legislation will support municipalities by holding producers accountable for their environmental impact, reducing waste, and ensuring every New Yorker is able to divert their recyclable waste from the landfill. The New York League of Conservation Voters urges the Assembly and Senate to pass strong EPR legislation before the end of session on June 2nd."

“Taxpayers and municipalities in New York are subsidizing an inefficient recycling infrastructure.  Engaging producers of packaging will provide a much needed ‘reboot’ of our existing system through expanded opportunities that provide greater access, financial support, and modernization to budge our stagnant recycling rates,” said Dawn Timm, Chair of the New York Product Stewardship Council.   “By shifting the financial burden to packaging producers, we eliminate the vulnerability local government programs are experiencing due to volatile recycling markets.  New York’s packaging proposal will divert millions of tons of valuable recyclables out of our landfills and incorporate into new packages, support thousands of jobs, reduce greenhouse gas emissions, and positively impact the climate.”

“Poll after poll shows that Americans want to recycle more. We encourage New Yorkers to reach out to their Assemblymembers and Senators now and tell them you want packaging EPR. You want recycling to be easy. You want to recycle more, pay less to do so, and protect the environment. We urge the New York Legislature to act this year and not waste this unique opportunity to make a difference in accordance with New York’s Climate Action Plan.”

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Citizens Campaign for the Environment (CCE) Lauds Governor Hochul’s Historic State of the State Address

Proposals would bolster NY’s role as national leader on protecting our environment and fighting climate change

For immediate release: January 5, 2022

Contact: Adrienne Esposito, Executive Director, 631-384-1378, aesposito@citizenscampaign.org

Brian Smith, Associate Executive Director, 716-472-4078, bsmith@citizenscampaign.org

Albany, NY—Today Governor Hochul issued her first State of the State address as Governor. In response, Citizens Campaign for the Environment issued the following statement:

Adrienne Esposito, CCE Executive Director, said “CCE applauds Governor Hochul for her ambitious and forward-thinking environmental agenda delivered today in the State of the State address. These critical environmental initiatives will not only protect our environment and public health, but will also fight climate change, boost our economy, and help make New York a leader on offshore wind.”

“The challenges of addressing clean water, clean air and sustainability are vast, but with a clear vision for New York we can achieve a safer, healthier tomorrow. The Governor hit all the right topics including clean water, clean air, fighting climate change, creating a green economy, and addressing our solid waste crisis.  These programs enjoy overwhelming public support and will continue to propel New York forward as a national leader on environmental protection,” continued Esposito.  

Brian Smith, CCE Associate Executive Director, said “New York’s growing solid waste crisis requires bold action, and this exactly what the Governor has proposed to do. Extended Producer Responsibility (EPR) would require manufacturers to take responsibility for their products throughout their entire product life cycle, by bearing the cost of recycling for packaging and paper. Not only does this provide much needed relief to taxpayers, but it also serves as an incentive for producers to minimize packaging materials, improve recyclability, and reduce the toxicity of their products.

Highlights from State of the State:

• $4 Billion Environmental Bond Act: The Clean Water, Clean Air, Green Jobs Environmental Bond Act includes funding for land preservation, fighting climate change, managing wastewater and filtering drinking water, electric buses and more.

• Extended Producer Responsibility (EPR) for Paper and Packaging –An EPR program for packing and paper products will require producers — not taxpayers — cover the cost of recycling. With EPR, producers become financially responsible for their products through the entire product lifecycle, incentivizing them to reduce waste, invest in recycling infrastructure, make products that are easier to recycle.

• Expanded Wetlands Protection - Wetlands provide a natural buffer for flood protection and clean water, saving us from violent storms. Expanding New York’s wetlands program by improving mapping requirements and enhancing regulations around smaller wetlands will not only protect our environment but also protect New York communities.

• Reduce Toxic Packaging.  –Reducing toxic and environmentally persistent chemicals in packaging and paper products by expanding the Hazardous Packaging rules by restricting two long-lasting chemicals — per- and polyfluoroalkyl substances and phthalates — in all packaging.

• Invest $500 Million in Critical Offshore Wind Infrastructure: Including ports, manufacturing, and supply chain infrastructure needed to advance our offshore wind industry, leveraging private capital to deliver more than $2 billion in economic activity while creating 2,000 good-paying green jobs.

• Transitioning to Renewables - Governor Hochul will direct NYSERDA, DPS, and DEC to develop a blueprint to guide the retirement and redevelopment of New York’s oldest and most-polluting fossil fuel facilities and their sites by 2030.

• Safe guarding Long Island’s Aquifer and Water Sources - The State University of New York (SUNY) will expand SUNY Stony Brook Center for Clean Water Technology research to include waste water treatment technology and create the Suffolk County Wastewater Management District.

• Combat Harmful Algal Blooms (HABs) and Support Localities:  Grants for septic system replacements, since replacing inadequate septic systems can greatly reduce the amount of wastewater-related nutrients that end up in a stream or lake. Rather than just treating HABs once they have formed, these grants will enable a proactive approach to mitigating these environmental hazards before they start.