New York S 1460: Establishes extended producer responsibility for designated products

Bill Text

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S01460 Summary:

BILL NOS01460 

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SAME ASNo Same As

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SPONSORKAVANAGH

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COSPNSR

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MLTSPNSR

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Amd Art 27 Art Head, §§27-0101 & 71-1701, add Art 27 Title 16 §§27-1601 - 27-1617, En Con L; add §92-kk, St
Fin L

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Establishes extended producer responsibility for designated products; establishes the extended producer responsibility program fund.

Go to top S01460 Actions:

BILL NOS01460 

&nbsp

01/10/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS01460 Committee&nbspVotes:

Go to topS01460 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01460 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1460

 2025-2026 Regular Sessions

 IN SENATE

 January 10, 2025
 ___________

 Introduced by Sen. KAVANAGH -- 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
 establishing an extended producer responsibility program for desig-
 nated products; and to amend the state finance law, in relation to
 establishing an extended producer responsibility program fund

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The article heading of article 27 of the environmental
 2 conservation law is amended to read as follows:
 3 REDUCTION, COLLECTION, REUSE, RECYCLING,
 4 TREATMENT AND DISPOSAL OF [REFUSE AND OTHER] SOLID WASTE AND
 5 EXTENDED PRODUCER RESPONSIBILITY
 6 § 2. Section 27-0101 of the environmental conservation law is amended
 7 by adding a new subdivision 3 to read as follows:
 8 3. It is furthermore the purpose of the legislature of the state of
 9 New York to promote extended producer responsibility for certain
 10 products. Extended producer responsibility is a statutory requirement
 11 that extends the responsibility borne by producers of products used in
 12 the state of New York for the post-consumer management of such products,
 13 through programs approved by the department. Such a requirement: (a)
 14 shifts financial responsibility away from taxpayers and municipalities;
 15 (b) incentivizes producers to incorporate environmental considerations
 16 into the creation of their products, such as designing products for
 17 durability, reuse, remanufacturing, and recycling; (c) promotes higher
 18 rates of resource recovery, reuse, and recycling and environmentally
 19 responsible disposal; and (d) encourages collaboration, efficiency, and
 20 equitable application of the logistical and financial obligations of
 21 addressing environmental consideration among various producers who may
 22 be competitors in the marketplace.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04182-01-5

 S. 1460 2

 1 § 3. Article 27 of the environmental conservation law is amended by
 2 adding a new title 16 to read as follows:
 3 TITLE 16
 4 EXTENDED PRODUCER RESPONSIBILITY FOR DESIGNATED PRODUCTS
 5 Section 27-1601. Definitions.
 6 27-1603. Producer plan.
 7 27-1605. Producer responsibilities.
 8 27-1607. Retailer, distributor, and wholesaler responsibilities.
 9 27-1609. Department responsibilities.
 10 27-1611. Rules and regulations.
 11 27-1613. Enforcement and penalties.
 12 27-1615. Report and designation of additional covered products
 13 or product categories.
 14 27-1617. Severability.
 15 § 27-1601. Definitions.
 16 As used in this title:
 17 1. "Brand" means a name, symbol, word, or mark that attributes a prod-
 18 uct to the owner or licensee of the brand as the producer.
 19 2. "Closed-loop recycling" means recycling in which materials that are
 20 reclaimed are returned to the original process or processes that gener-
 21 ated them, and reused in the production process.
 22 3. "Collection program" or "program" means a program financed and
 23 implemented by producers, either individually, or through a represen-
 24 tative organization, that provides for, but is not limited to, the
 25 collection, transportation, reuse, recycling, proper end-of-life manage-
 26 ment, or an appropriate combination thereof, of discarded co