A wide-ranging recycling proposal in New York would require many companies to significantly reduce their use of plastic packaging, a move supporters say is necessary to address mounting waste, but critics warn could lead to damaged goods and higher costs for consumers.
The measure, known as the Packaging Reduction and Recycling Infrastructure Act, would apply to companies earning more than $5 million annually that sell or distribute certain products. It mandates a gradual elimination of packaging considered harmful or non-reusable, replacing it with materials that are reusable or more environmentally sustainable.
Similar initiatives have already been adopted in several states, including Maryland, Maine, Oregon, Colorado, California, and Minnesota, as well as in a number of countries. The push comes as New Yorkers generate nearly five pounds of waste per person each day.
Under the proposal, businesses would need to cut their use of non-environmentally friendly packaging by 10% within three years and by 30% over a 12-year period.
The legislation also sets benchmarks for reusable packaging, requiring at least 5% of materials to be reusable or refillable by 2032, increasing to 10% by 2040 and 20% by 2055.
In addition, a growing share of packaging would need to be recyclable, with a minimum of 25% by 2032, rising to 50% by 2040 and 75% by 2055.
“New York State must follow suit to meet the moment for environmental accountability,” said a memo supporting the bill, which is sponsored by Assemblywoman Deborah Glick and state Sen. Peter Harckham.
“This legislation shifts the onus of recycling and waste hauling for packaging from municipalities and residents and ensures that producers of products are serving our interests by establishing solutions to sustainable packaging,” the memo said.
Companies that fail to meet the new requirements would face financial penalties, with funds directed toward improving recycling systems and infrastructure.
Industry representatives and supermarket groups, however, argue the changes would force a shift away from protective plastic materials toward less effective alternatives, potentially leading to product damage.
“Even with its recent amendments it will eliminate the plastic film packaging that keeps essential products like toilet paper, paper towels, and diapers dry and sanitary,” said Dan Felton, president and CEO of the Flexible Packaging Association.
“Without it, retailers and consumers face increased product damage, higher replacement costs, and less reliable shelf availability.
“We agree that we must improve recycling systems and reduce waste, but good public policy will also avoid higher costs and keep critical packaging in place to protect public health,” he said.
Nelson Eusebio, director of government affairs for the National Supermarkets Association, said the impact would be especially felt in lower-income communities.
“For independent supermarkets serving New York City’s working-class and minority communities, even modest shifts in packaging policy can quickly translate into higher costs for families.
“When changes move forward without scalable, commercially viable alternatives, those costs ripple through the supply chain and affect prices at the register.”
A similar version of the bill cleared the state Senate last year but failed to pass in the Assembly amid strong opposition from plastics manufacturers.
The renewed effort comes as Gov. Kathy Hochul continues discussions with lawmakers over adjusting deadlines tied to a 2019 climate law aimed at transitioning the state away from fossil fuels toward renewable energy sources such as solar, wind, and hydro.
Glick and Harckham said the current proposal has undergone extensive revisions, including roughly 150 changes that extend deadlines and adjust restrictions on certain materials.
“The underlying challenge has not changed. New York is facing a growing solid waste and pollution crisis, and the Packaging Reduction and Recycling Infrastructure Act is a real solution that must be passed this year,” Glick said.
Harckham added that industry concerns were taken into account during the revision process.
“We have forged a middle ground with these amendments to our bill, and now we are working to finally gain the necessary legislative and executive approvals that will save New Yorkers millions of dollars each year while helping to protect our environment,” he said.
The bill has received support from multiple environmental organizations, as well as the state Association of Counties, which argue that excessive plastic use is overwhelming landfill capacity.
“New Yorkers are drowning in plastic waste, and for too long, taxpayers have been stuck with the bill while multi-billion-dollar companies pump toxic chemicals into our communities,” said Judith Enck, founder of Beyond Plastics and a former regional administrator for the U.S. Environmental Protection Agency.
“These amendments are a major concession to the plastic industry, but the foundation of the bill remains important, necessary and impactful. We cannot afford another year of inaction.”
Business groups, including the Business Council of New York State and the American Institute for Packaging and the Environment, maintain that the legislation would impose heavy burdens on companies and consumers alike.
“This proposal includes requirements – such as stringent source reduction targets, material restrictions, and limited flexibility – that go well beyond those in EPR laws adopted by other states, most recently Minnesota, Washington, and Maryland,” the groups said in a joint statement.
“If adopted, this bill would impose significant operational challenges on business and result in significant impacts on consumer costs and product availability.”
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