S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1400--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by Sens. LIU, KRUEGER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation -- recommitted to the Committee on  Environmental  Conservation
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the environmental conservation law, in relation to false
   claims about recyclability and plastic container labelling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  Legislature finds and declares that it is the public
 policy of the state that environmental marketing claims, whether explic-
 it or  implied,  should  be  substantiated  by  competent  and  reliable
 evidence to prevent deceiving or misleading consumers about the environ-
 mental  impact  of  plastic products. For consumers to have accurate and
 useful information about the environmental impact of  plastic  products,
 environmental  marketing  claims should adhere to uniform and recognized
 standards.
   The Legislature further finds and declares that it is the public poli-
 cy of the state that claims related to the recyclability  of  a  plastic
 product be truthful in practice and accurate. Consumers deserve accurate
 and useful information related to how to properly handle the end of life
 of a plastic product.
   §  2.  The environmental conservation law is amended by adding two new
 sections 27-0111 and 27-0113 to read as follows:
 § 27-0111. RECYCLING TRUTH IN LABELING.
   1. IT IS DECEPTIVE TO MISREPRESENT, DIRECTLY OR BY IMPLICATION, THAT A
 PRODUCT OR PACKAGE IS RECYCLABLE UNLESS IT CAN BE COLLECTED,  SEPARATED,
 OR  OTHERWISE  RECOVERED  FROM  THE  WASTE STREAM THROUGH AN ESTABLISHED
 MECHANICAL OR MANUAL RECYCLING PROGRAM FOR REUSE OR USE IN MANUFACTURING
 OR ASSEMBLING ANOTHER ITEM.  FOR SUCH PURPOSES, THE  USE  OF  A  CHASING

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02916-02-4
              

 S. 1400--A                          2
 
 ARROWS  SYMBOL  IS DECEPTIVE AND A MISREPRESENTATION IF THE PRODUCT DOES
 NOT SATISFY THE REQUIREMENTS OF THE REGULATIONS AND LIST CONTEMPLATED BY
 SUBDIVISION FOUR OF THIS SECTION.
   2.  NO  PERSON SHALL OFFER FOR SALE, SELL OR DISTRIBUTE ANY PRODUCT OR
 PACKAGING FOR WHICH A DECEPTIVE OR MISLEADING CLAIM ABOUT  THE  RECYCLA-
 BILITY  OF THE PRODUCT OR PACKAGING IS MADE.  FOR SUCH PURPOSES, THE USE
 OF A CHASING ARROWS SYMBOL IS DECEPTIVE AND MISLEADING  IF  THE  PRODUCT
 DOES  NOT  SATISFY  THE REQUIREMENTS OF THE REGULATIONS AND LIST CONTEM-
 PLATED BY SUBDIVISION FOUR OF THIS SECTION.
   3. SUBDIVISIONS ONE AND TWO OF THIS SECTION APPLY TO  ANY  PRODUCT  OR
 PACKAGING THAT IS MANUFACTURED ONE HUNDRED EIGHTY DAYS OR MORE AFTER THE
 DATE THE LIST OF APPROVED MATERIAL TYPES AND FORMS IS PUBLISHED PURSUANT
 TO SUBDIVISION FOUR OF THIS SECTION.
   4. ON OR BEFORE JANUARY 1, 2026, THE DEPARTMENT SHALL PROMULGATE REGU-
 LATIONS TO:
   (A)  INCLUDE THE TYPES AND FORMS OF PLASTIC PRODUCTS AND PACKAGING FOR
 WHICH A CLAIM OF RECYCLABILITY, INCLUDING THROUGH THE USE OF A UNIVERSAL
 RECYCLING SYMBOL OR CHASING ARROWS SYMBOL, MAY BE MADE; AND
   (B) DEVELOP A LIST OF MATERIAL TYPES AND FORMS THAT ARE DETERMINED  TO
 BE RECYCLABLE BASED ON THE CRITERIA LISTED IN SUBDIVISION FIVE AND SHALL
 PUBLISH THE LIST ON THE DEPARTMENT WEBSITE WITHIN NINETY DAYS OF APPROV-
 ING THE REGULATIONS.
   5.  FOR  PURPOSES  OF  DETERMINING  WHICH MATERIAL TYPES AND FORMS ARE
 RECYCLABLE:
   (A) THE DEPARTMENT SHALL CONSIDER, AT A MINIMUM, ALL OF THE  FOLLOWING
 CRITERIA:
   (I)  WHETHER  THE  MATERIAL  TYPE  AND FORM IS REGULARLY COLLECTED AND
 SEPARATED FOR MECHANICAL OR MANUAL RECYCLING BY RECYCLERS;
   (II) WHETHER THE MATERIAL TYPE AND FORM IS REGULARLY SORTED AND AGGRE-
 GATED INTO DEFINED MATERIAL STREAMS FOR MECHANICAL OR  MANUAL  RECYCLING
 PROCESSES;
   (III)  WHETHER  THE  MATERIAL TYPE AND FORM IS REGULARLY PROCESSED AND
 RECLAIMED OR RECYCLED WITH COMMERCIAL  MECHANICAL  OR  MANUAL  RECYCLING
 PROCESSES;
   (IV) WHETHER THE MATERIAL TYPE AND FORM REGULARLY BECOMES FEEDSTOCK IN
 ACCORDANCE  WITH  THE OTHER CRITERIA OF THIS SUBDIVISION THAT IS USED IN
 THE PRODUCTION OF NEW PRODUCTS; AND
   (V) WHETHER THE MATERIAL TYPE AND FORM  IS  MECHANICALLY  OR  MANUALLY
 RECYCLED  IN SUFFICIENT QUANTITY, AND IS OF SUFFICIENT QUALITY, TO MAIN-
 TAIN A MARKET VALUE; AND
   (B) A PRODUCT OR PACKAGING SHALL NOT BE CONSIDERED RECYCLABLE  IN  THE
 STATE IF:
   (I)  FOR  PLASTIC PACKAGING, THE PLASTIC PACKAGING INCLUDES ANY COMPO-
 NENTS, INKS, ADHESIVES, OR LABELS THAT PREVENT THE  RECYCLABILITY OF THE
 PACKAGING ACCORDING TO THE APR DESIGN GUIDE   PUBLISHED BY  THE  ASSOCI-
 ATION OF PLASTIC RECYCLERS;
   (II)  THE PRODUCT OR PACKAGING DOES NOT CONFORM TO THE REQUIREMENTS OF
 TITLE TWO OF ARTICLE THIRTY-SEVEN OF THIS CHAPTER; OR
   (III) THE PRODUCT CONTAINS PFAS (A) AS AN INTENTIONALLY ADDED CHEMICAL
 OR (B) AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT,  AT  OR  ABOVE  A
 LEVEL  THAT  THE  DEPARTMENT  SHALL  ESTABLISH IN REGULATION THAT IS THE
 LOWEST LEVEL THAT CAN FEASIBLY BE ACHIEVED; PROVIDED, HOWEVER, THAT  THE
 DEPARTMENT  SHALL  REVIEW SUCH LEVEL AT LEAST EVERY FIVE YEARS TO DETER-
 MINE WHETHER IT SHOULD BE LOWERED.
   6. THE DEPARTMENT SHALL REGULARLY, BUT NO LESS THAN ONCE  EVERY  THREE
 YEARS,  EVALUATE THE LIST DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION FOUR
 S. 1400--A                          3
 
 OF THIS SECTION AND MAY AMEND THE LIST TO REMOVE OR ADD A MATERIAL  TYPE
 AND FORM BASED ON WHETHER THE MATERIAL MEETS THE CRITERIA OF SUBDIVISION
 FIVE  OF  THIS  SECTION  AT THE TIME OF EVALUATION. THE DEPARTMENT SHALL
 POST ANY UPDATES TO THE LIST ON THE DEPARTMENT'S WEBSITE.
   7.  IF  A  PRODUCT OR PACKAGING HAS MULTIPLE MATERIAL TYPES, A CHASING
 ARROWS SYMBOL OR STATEMENT INDICATING RECYCLABILITY MAY BE DISPLAYED  ON
 THE PRODUCT OR PACKAGING COMPONENTS THAT ARE CONSIDERED TO BE RECYCLABLE
 IN ACCORDANCE WITH THE REGULATIONS AND LIST REQUIRED BY SUBDIVISION FOUR
 OF  THIS  SECTION IF THE CHASING ARROWS SYMBOL OR STATEMENT  MAKES CLEAR
 IN THE SAME OR GREATER FONT, FONT  SIZE,  OR  SYMBOL  SIZE  WHICH  OTHER
 COMPONENTS OF THE PRODUCT OR PACKAGING ARE NOT RECYCLABLE.
   8. IF A MATERIAL TYPE OR FORM NO LONGER MEETS THE CRITERIA IN SUBDIVI-
 SION  FIVE  OF  THIS  SECTION  AND IS REMOVED FROM THE PUBLISHED LIST, A
 PERSON SHALL NOT OFFER FOR SALE, SELL OR DISTRIBUTE ANY PRODUCT OR PACK-
 AGING MANUFACTURED ONE HUNDRED EIGHTY DAYS AFTER THE  DATE  THE  UPDATED
 LIST  IS PUBLISHED IF THE PRODUCT OR PACKAGING DISPLAYS A CHASING ARROWS
 SYMBOL OR ANY OTHER SYMBOL OR STATEMENT INDICATING THE PRODUCT OR  PACK-
 AGING IS RECYCLABLE, OR DIRECTING THE CONSUMER TO RECYCLE THE PRODUCT OR
 PACKAGING.
   9.  DISPLAYING A CHASING ARROWS SYMBOL OR ANY OTHER STATEMENT INDICAT-
 ING RECYCLABILITY ON PACKAGING CONTAINING A  CONSUMABLE  PRODUCT  SHALL,
 FOR PURPOSES OF THIS SECTION, BE DEEMED TO REFER ONLY TO THE PACKAGING.
   10.  FOR PURPOSES OF THIS SECTION, NONE OF THE FOLLOWING CONSTITUTES A
 DECEPTIVE OR MISLEADING CLAIM ABOUT THE RECYCLABILITY OF THE PRODUCT  OR
 PACKAGING PURSUANT TO THIS SECTION:
   (A)  USING A CHASING ARROWS SYMBOL IN COMBINATION WITH A CLEARLY VISI-
 BLE LINE PLACED AT A 45-DEGREE ANGLE OVER THE CHASING ARROWS  SYMBOL  TO
 CONVEY THAT AN ITEM IS NOT RECYCLABLE;
   (B)  A   CONSUMER GOOD THAT IS REQUIRED BY ANY FEDERAL OR STATE LAW OR
 REGULATION TO DISPLAY A CHASING ARROWS SYMBOL, INCLUDING, BUT NOT LIMIT-
 ED TO, SECTION 103(B)(1) OF THE FEDERAL MERCURY-CONTAINING AND RECHARGE-
 ABLE BATTERY MANAGEMENT ACT (42 U.S.C. SEC. 14322(B)(1)); OR
   (C) DIRECTING A CONSUMER TO COMPOST OR PROPERLY DISPOSE OF A  CONSUMER
 GOOD THROUGH AN ORGANICS RECYCLING PROGRAM.
   11.  (A) A PRODUCER, OR GROUP OF PRODUCERS, THAT SEEKS TO HAVE A MATE-
 RIAL TYPE AND FORM THAT DOES NOT MEET THE CRITERIA IN  SUBDIVISION  FIVE
 OF  THIS SECTION INCLUDED ON THE LIST SHALL SUBMIT A PLAN TO THE DEPART-
 MENT DETAILING HOW AND BY WHAT DATE THE PRODUCT TYPE AND FORM WILL  MEET
 THE CRITERIA.
   (B) THE DEPARTMENT SHALL REVIEW THE PLAN AND DETERMINE IF THE MATERIAL
 TYPE  AND  FORM  WILL  MEET THE CRITERIA IN SUBDIVISION FIVE BY THE DATE
 PRESCRIBED IN THE PLAN IF THE PLAN IS  IMPLEMENTED.  IF  THE  DEPARTMENT
 DETERMINES THE PLAN WILL CONTAIN SUCH CRITERIA BY SUCH DATE, THE DEPART-
 MENT  MAY INCLUDE THE MATERIAL TYPE AND FORM ON THE LIST AT SUCH TIME AS
 THE DEPARTMENT HAS DETERMINED THAT SUFFICIENT PROGRESS HAS BEEN MADE  BY
 THE PRODUCER IN IMPLEMENTING THE PLAN THAT SUCH INCLUSION IS WARRANTED.
   (C)  THE  DEPARTMENT  MAY  OFFER  REVISIONS  TO THE PLAN IF NECESSARY,
 INCLUDING REQUIRING THAT THE MATERIAL TYPE AND FORM MEET THE CRITERIA IN
 A MORE TIMELY MANNER.
   (D) THE DEPARTMENT MAY REQUIRE THE PRODUCER, OR  GROUP  OF  PRODUCERS,
 WHO  SUBMITTED  THE  PLAN  TO  PROVIDE  AN  ANNUAL  REPORT DETAILING THE
 PROGRESS MADE TOWARD IMPLEMENTING THE PLAN. IF THE DEPARTMENT DETERMINES
 THE PRODUCER, OR GROUP OF PRODUCERS, IS NOT  IMPLEMENTING  THE  PLAN  OR
 THAT  PROGRESS IS NOT SUFFICIENT TO ENSURE THE PRODUCT TYPE AND FORM CAN
 MEET THE CRITERIA BY THE DATE INCLUDED IN THE PLAN, THE  DEPARTMENT  MAY
 DO EITHER OF THE FOLLOWING:
 S. 1400--A                          4
 
   (I) REMOVE THE MATERIAL TYPE AND FORM FROM THE LIST; OR
   (II) ALLOW THE PRODUCER, OR GROUP OF PRODUCERS, TO UPDATE AND RESUBMIT
 THE PLAN FOR CONSIDERATION IN ACCORDANCE WITH THIS SUBDIVISION.
   12. THE DEPARTMENT SHALL UPDATE ITS WEBSITE, OUTREACH, AND EDUCATIONAL
 PROGRAMS  AND MATERIALS AS APPLICABLE TO INFORM THE PUBLIC REGARDING THE
 REQUIREMENTS OF THIS SECTION AND SECTION 27-0113 OF THIS ARTICLE.
   13. FOR PURPOSES OF THIS SECTION:
   (A) "CHASING ARROWS SYMBOL" MEANS AN EQUILATERAL TRIANGLE,  FORMED  BY
 THREE ARROWS CURVED AT THEIR MIDPOINTS, DEPICTING A CLOCKWISE PATH, WITH
 A SHORT GAP SEPARATING THE APEX OF EACH ARROW FROM THE BASE OF THE ADJA-
 CENT  ARROW. "CHASING ARROWS SYMBOL" ALSO INCLUDES VARIANTS OF THE CHAS-
 ING ARROWS SYMBOL, AND OTHER SYMBOLS THAT RESEMBLE  THE  CHASING  ARROWS
 SYMBOL THAT ARE LIKELY TO BE INTERPRETED BY A CONSUMER AS AN IMPLICATION
 OF  RECYCLABILITY, INCLUDING, BUT NOT LIMITED TO, (I) ANY FORM OF TRIAN-
 GLE WITH A NUMBER INSIDE OF IT OR (II) ONE OR MORE ARROWS ARRANGED IN  A
 CIRCULAR PATTERN OR AROUND A GLOBE.
   (B) "CONSUMABLE PRODUCT" MEANS A COMMODITY THAT IS INTENDED TO BE USED
 AND NOT DISPOSED OF.
   (C)  "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL IN A PRODUCT THAT
 SERVES AN INTENDED FUNCTION OR TECHNICAL EFFECT IN THE PRODUCT OR  PROD-
 UCT  COMPONENT,  INCLUDING THE PFAS WITHIN INTENTIONALLY ADDED CHEMICALS
 AND PFAS THAT ARE INTENTIONAL BREAKDOWN PRODUCTS OF  AN  ADDED  CHEMICAL
 THAT  ALSO HAVE A FUNCTIONAL OR TECHNICAL EFFECT IN THE PRODUCT OR PROD-
 UCT COMPONENT.
   (D) "PFAS" SHALL HAVE THE MEANING GIVEN TO SUCH  TERM  IN  SUBDIVISION
 SEVEN OF SECTION 37-0101 OF THIS CHAPTER.
 § 27-0113. PLASTIC CONTAINER LABELING.
   1.  ALL RIGID PLASTIC BOTTLES AND RIGID PLASTIC CONTAINERS SOLD IN NEW
 YORK SHALL BE LABELED WITH A CODE  THAT  INDICATES  THE  RESIN  USED  TO
 PRODUCE THE RIGID PLASTIC BOTTLE OR RIGID PLASTIC CONTAINER. RIGID PLAS-
 TIC  BOTTLES  OR  RIGID PLASTIC CONTAINERS WITH LABELS AND BASECUPS OF A
 DIFFERENT MATERIAL SHALL BE CODED BY  THEIR  BASIC  MATERIAL.  THE  CODE
 SHALL BE VISIBLE ON THE LABEL AND CONSIST OF A NUMBER AND LETTERS PLACED
 ABOVE THE NUMBER.  THE NUMBERS AND LETTERS USED SHALL BE AS FOLLOWS:
   1 = PETE (POLYETHYLENE TEREPHTHALATE)
   2 = HDPE (HIGH DENSITY POLYETHYLENE)
   3 = V (VINYL)
   4 = LDPE (LOW DENSITY POLYETHYLENE)
   5 = PP (POLYPROPYLENE)
   6 = PS (POLYSTYRENE)
   7 = OTHER (INCLUDES MULTILAYER)
   2.  A "7" SHALL APPEAR BELOW THE RESIN ABBREVIATION WHEN THE BOTTLE OR
 CONTAINER IS COMPOSED OF MORE THAN ONE LAYER OF THAT RESIN.
   3. THE DEPARTMENT SHALL MAINTAIN  A  LIST  OF  ABBREVIATIONS  USED  ON
 LABELS  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION AND SHALL POST SUCH
 INFORMATION ON THE DEPARTMENT'S WEBSITE.
   4. THE RESIN IDENTIFICATION CODE REQUIRED PURSUANT TO SUBDIVISION  ONE
 OF  THIS SECTION MAY NOT BE PLACED INSIDE A CHASING ARROWS SYMBOL UNLESS
 THE PRODUCT IS ON THE LIST OF RECYCLABLE MATERIALS PURSUANT TO PARAGRAPH
 (B) OF SUBDIVISION FOUR OF SECTION 27-0111 OF THIS TITLE.
   § 3. This act shall take effect one year after it shall have become  a
 law.