New York braces for lobbying frenzy as ambitious EPR bill promises industry transformation

12 May 2022 --- New York’s new Extended Producer Responsibility (EPR) bill is expected to face fierce industry resistance, experts say. The bill, introduced on May 5, would make packaging producers completely responsible for packaging waste management while forcing them to reduce their packaging by half within the next decade.

Touted as a “global leader” in packaging pollution legislation, the bill would also impose blanket bans on chemicals like PFAS and require companies to transition 90% of their remaining packaging over 12 years to be either recyclable, compostable, or made of recycled content. 

Proponents of the bill say it has a good chance of being passed, but powerful industry lobbying will likely create a tough battle given the gravity of its proposals. 

Ryan Carson, a campaign coordinator for the New York Public Interest Research Group, tells PackagingInsights: “I absolutely expect industry resistance. Whenever there is real pressure to hold industry accountable, they will always spend money and influence trying to scare legislators away from real, ambitious packaging standards.” 

The bill would force major companies to pay for all packaging waste management in New York state.“However, industry is not going to regulate itself, as much as corporations may try to persuade our electeds otherwise. We wouldn’t let Exxon set standards on combating climate change. We shouldn’t let the packaging industry dictate how we combat the waste crisis,” he stresses. 

Strong opposition expected 
Carson’s expectations are not unfounded. The industry-backed nonprofit The Recycling Partnership, which is funded by groups like ExxonMobil, Starbucks, Coca-Cola, Dow and Amcor, previously lobbied state legislators for support over the city’s EPR scheme. 

These efforts failed when a former bill put forward by Governor Kathy Hochul, which would have given more leeway for industry groups to control EPR stipulations, was unsuccessful. 

Now that assemblyman Steve Englebright’s bill has been officially introduced, and seen by environmental groups as “much stronger,” industry’s next move remains to be seen. Judith Enck, president of Beyond Plastics, tells us she is waiting on “strong opposition, which is not uncommon.” 

Incentivizing action 
The bill’s proposals far outweigh any current EPR legislation in the US, says Enck. Requiring major companies to cut their packaging produce in half while paying for all waste management resulting from their products is a steep proposal but one she believes is “long overdue.” 

“It is possible to achieve the goals of the bill with packaging redesign. The packaging brands would be solely responsible for achieving the requirements of a new law. Think of it like fuel efficiency standards for automobiles or energy savings appliance efficiency standards for dishwashers. This bill introduces the idea of specific environmental standards for packaging.” Packaging waste is poisoning New Yorkers everyday, say environmental activists.

“This is an important bill commensurate with the problem at hand. This approach does not perpetuate the status quo, with money being provided to local governments for recycling. This bill requires actual packaging reduction, along with toxics reduction.”

Time running out 
Carson also says that while the bill is “certainly ambitious,” its proposals are justified by the “major global waste crisis.” 

“We are running out of time. This bill meets the scale of this crisis head-on. Microplastics are in the food we eat and the water we drink. Our oceans are steadily becoming landfills.”

“Despite this, plastic production is expected to increase over the coming decades. We have already seen what it looks like when corporations are allowed to dictate their own standards. Now it is time to catch up to the crisis we find ourselves in. They have benefited financially from this crisis, and they should be fiscally responsible for the solution.”

“While the financial component is key to cleaning up the mess, this bill also succeeds in creating true reduction standards. While corporations should better fund our waste management systems, it is essential that they are also incentivized to reduce packaging and use more recycled content.” 

By Louis Gore-Langton