New York packaging waste bill gains momentum but businesses want protection

The Packaging Reduction and Recycling Infrastructure Act is currently moving through the US legislative process in the state of New York and will be voted on by the Assembly later this year. While advocates, including Beyond Plastics, support the packaging bill for addressing the growing issue of packaging waste in New York, industry lobbyists oppose it and want to see businesses protected.

The bill aims to reduce plastic pollution by shifting the financial burden of packaging waste management from consumers to producers.

Spearheaded by Senate Environmental Committee Chair Peter Harckham and Assemblywoman Deborah Glick, the bill passed the Senate in June 2024 by a vote of 37–23, but did not come to a vote in the Assembly before the end of the 2024 legislative session.

The New York State Senate and Assembly Environmental Conservation Committees passed the bill in early March. 

International NGO Beyond Plastics, which has supported the bill, tells Packaging Insights: “The bill has been introduced in both houses and passed the Environmental Conservation Committees in the Assembly and Senate. It was introduced to deal with massive packaging waste in New York,” says Judith Enck, president at Beyond Plastics.

Accountability for waste

The bill was introduced to reduce packaging waste in New York state and city.The Packaging Reduction and Recycling Infrastructure Act (S1464 Harckham/A1749 Glick) aims to reduce packaging waste and prohibit toxic chemicals in packaging materials. 

The bill is designed to reduce plastic packaging by 30% over 12 years. It establishes a fee to be paid by packaging producers. 

“In the current status of waste management in New York, there is a 19% recycling rate and 10 incinerators. Many landfills will also be closing soon,” says Enck. 

A landfill site in Ontario County, New York, will close by December 31, 2028, following a decision by the Ontario County Board of Supervisors on December 5, 2024, after expiration of a 25 year lease agreement and environmental push back. 

Last week, the New York state Court of Appeals dismissed an attempt by the owners of the Seneca Meadows landfill to block a local law calling for it to shut down by the end of the year. The landfill’s current permit is set to expire in December 2025 and environmental groups continue to push for its non-renewal. 

Moreover, the bill determines that all packaging — including plastic, glass, cardboard, paper, and metal — must meet a recycling rate of 75% by 2052. It aims to prohibit 17 toxic packaging chemicals, including all PFAS chemicals, vinyl chloride, lead, mercury, formaldehyde, and bisphenols.

The bill seeks to ban the classification of “chemical recycling” as a legitimate form of recycling, indicating its harmful environmental impact, and establish a new Office of Inspector General to ensure that companies fully comply with the new law.

Protecting businesses 

Enck says the Packaging Reduction and Recycling Infrastructure Act faces industry opposition because it does not factor in spending implications for businesses. 

Some businesses have raised concern about the financial impact of the regulation.“The intention of the bill is to protect the environment, but there has been lots of opposition from special interests. Twenty-five major changes have been made. Most notably, the 50% waste reduction provision has been reduced to 30% over 12 years,” she explains. 

On April 8, The Business Council of New York State supported the Affordable Waste Reduction Act (S5062 Martinez/A.6191 Jackson), an alternative packaging waste reduction bill that challenges Glick and Harckham’s proposal.

But Enck cautions against criticisms of the original bill, explaining: “It’s not rigid. The legislature establishes the major provisions, and then an industry-run pro administers the program. The bill is commensurate with the waste disposal problems in New York City.”

The Business Council represents nearly 40 businesses and associations across the state, who advocate for legislation that “creates a workable approach to increasing the recycling of post-consumer packaging and paper products, diverting materials from disposal, and promoting the reduction and reuse of products.” 

In high demand

According to Beyond Plastics, when the 2024 legislative session ended, a poll found that 58% to 31% of New York voters thought the bill should have passed within last year’s legislative session. Moreover, the bill was popular across party lines, with 67% of Democrats, 44% of Republicans, and 54% of Independents agreeing it should have passed.

The Senate Finance Committee and the Assembly Committee on Codes will be next to vote on the Packaging Reduction and Recycling Infrastructure Act.