NY State Senate Bill 2023-S4414

Senate Bill S4414

2023-2024 Legislative Session

Relates to prohibiting the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage

download bill text pdf

Current Bill Status Via A4943 - Passed Senate

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2024	returned to assembly passed senate 3rd reading cal.816 substituted for s4414a
May 08, 2024	substituted by a4943a
Apr 18, 2024	advanced to third reading
Apr 17, 2024	2nd report cal.
Apr 16, 2024	1st report cal.816
Mar 26, 2024	print number 4414a
Mar 26, 2024	amend and recommit to environmental conservation
Jan 03, 2024	referred to environmental conservation
Feb 08, 2023	referred to environmental conservation

Votes

- May 8, 2024 - Floor Vote
  A4943
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 8, 2024
      
      aye (58)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Oberacker
      
      excused (3)
      
      Hoylman-Sigal
      
      O'Mara
      
      Walczyk
  Apr 16, 2024 - Environmental Conservation Committee Vote
  S4414
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Apr 16, 2024
      
      aye (10)
      
      Canzoneri-Fitzpatrick
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      Stec
      
      aye wr (1)
      
      Martinez

Bill Amendments

Original

A (Active)

2023-S4414 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Title 30 Title Head, §§27-3001, 27-3003, 27-3005 & 27-3007, En Con L

2023-S4414 - Summary

Relates to prohibiting the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage beginning January 1, 2026.

2023-S4414 - Sponsor Memo

                                 
BILL NUMBER: S4414

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale or distribution of expanded polystyrene containers
that are designed or intended to be used for cold storage

 
SUMMARY OF PROVISIONS:

Section 1 amends the title heading of title 30 of article 27 of the
environmental conservation law

Section 2 amends subdivision 4 of section 27-3001 of the environmental
conservation law to include manufacturers of polystyrene coolers

Sections 3 & 4 amend respectively section 27-3003 and 27-3005 to prohib-
it the sale or distribution of polystyrene coolers

Section 5 amends subdivisions 1 and 3 of the environmental conservation
law, preempting local laws and ordinances

Section 6 provides the effective date

 
JUSTIFICATION:

While New York State and other jurisdictions have taken steps to ban
polystyrene foam food and beverage containers, most such bans have left
out one major source of polystyrene pollution: polystyrene foam coolers.
These coolers - which are favored by day-trippers for their portability
and insulation - pose a particular environmental threat.  Many people
bring foam coolers with them to beaches or lakes; this proximity to our
waterways makes it more likely that the coolers end up as pollution.
Many foam coolers are left behind as litter or placed in open waste
receptacles and ultimately wash into the water.  Every year, as many as
seven million foam cooler boxes are sold across the nation. Too many of
these will end up in our lakes, rivers, and oceans.

Polystyrene foam presents risks to public health. While the full impact
on human health is still being studied, scientists have concluded that
microplastics leach toxic chemicals that can accumulate in the body and
pose serious health consequences.The National Institute of Health, for
example, recently added styrene - a major component of polystyrene foam
- to their list of anticipated human carcinogens.

Across the country, legislative bodies have been taking action phase out
polystyrene coolers. Washington state was the first, and so far, only,
state to adopt a statewide ban on foam coolers.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately after becoming law

2023-S4414 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4414
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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
   prohibiting  the sale or distribution of expanded polystyrene contain-
   ers that are designed or intended to be used for cold storage

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The title heading of title 30 of article 27 of the environ-
 mental  conservation law, as added by section 1 of part PP of chapter 58
 of the laws of 2020, is amended to read as follows:
   EXPANDED POLYSTYRENE FOAM  CONTAINER  [AND],  POLYSTYRENE  LOOSE  FILL
 PACKAGING AND POLYSTYRENE COOLER BAN
   §  2.  Subdivision 4 of section 27-3001 of the environmental conserva-
 tion law, as added by section 1 of part PP of chapter 58 of the laws  of
 2020, is amended to read as follows:
   4. "Manufacturer" means every person, firm or corporation that produc-
 es or imports polystyrene loose fill packaging that is sold, offered for
 sale,  or  distributed  in the state, OR THAT MAKES EXPANDED POLYSTYRENE
 PORTABLE CONTAINERS THAT ARE DESIGNED OR INTENDED TO BE  USED  FOR  COLD
 STORAGE.
   §  3.  The  section  heading  of  section 27-3003 of the environmental
 conservation law, as added by section 1 of part PP of chapter 58 of  the
 laws of 2020, is amended and a new paragraph (c) is added to subdivision
 1 to read as follows:
   Expanded  polystyrene  foam  container  [and],  polystyrene loose fill
 packaging, AND POLYSTYRENE COOLER ban.
   (C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO COVERED FOOD
 SERVICE PROVIDER, MANUFACTURER OR STORE SHALL SELL, OFFER FOR  SALE,  OR
 DISTRIBUTE EXPANDED POLYSTYRENE CONTAINERS THAT ARE DESIGNED OR INTENDED
 TO  BE  USED  FOR COLD STORAGE, INCLUDING BUT NOT LIMITED TO COOLERS AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06060-01-3
 S. 4414                             2

 
 ICE CHESTS, WHICH ARE NOT WHOLLY ENCAPSULATED OR ENCASED WITHIN  A  MORE
 DURABLE MATERIAL.
   § 4. Paragraph (b) of subdivision 1 of section 27-3005 of the environ-
 mental  conservation law, as added by section 1 of part PP of chapter 58
 of the laws of 2020, is amended and a new paragraph (c) is added to read
 as follows:
   (b) Raw meat, pork, seafood, poultry or fish sold for the  purpose  of
 cooking or preparing off-premises by the customer[.]; OR
   (C)  EXPANDED  POLYSTYRENE CONTAINERS USED FOR DRUGS, MEDICAL DEVICES,
 AND BIOLOGICAL MATERIALS AS DEFINED  IN  THE  FEDERAL  FOOD,  DRUG,  AND
 COSMETIC ACT (21 U.S.C. SEC. 301 ET SEQ.).
   §  5.  Subdivisions  1  and  3 of section 27-3007 of the environmental
 conservation law, as added by section 1 of part PP of chapter 58 of  the
 laws of 2020, are amended to read as follows:
   1.  Except  as provided in subdivisions two and three of this section,
 this title shall supersede and preempt all  local  laws,  ordinances  or
 regulations  governing  the  sale,  offer  for  sale, or distribution of
 disposable food service containers containing expanded polystyrene  foam
 [and];   polystyrene  loose  fill  packaging  AND  EXPANDED  POLYSTYRENE
 CONTAINERS THAT ARE DESIGNED OR INTENDED TO BE USED FOR COLD STORAGE.
   3. This title shall not apply in a  city  with  a  population  of  one
 million  or more which has a local law, ordinance or regulation in place
 which restricts the sale, offer for sale, or  distribution  of  expanded
 polystyrene  containers  [and],  polystyrene  loose  fill  packaging AND
 EXPANDED POLYSTYRENE CONTAINERS THAT ARE DESIGNED OR INTENDED TO BE USED
 FOR COLD STORAGE.
   § 6. This act shall take effect immediately.

2023-S4414A (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Title 30 Title Head, §§27-3001, 27-3003, 27-3005 & 27-3007, En Con L

2023-S4414A (ACTIVE) - Summary

Relates to prohibiting the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage beginning January 1, 2026.

2023-S4414A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4414A

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale or distribution of expanded polystyrene containers
that are designed or intended to be used for cold storage

 
SUMMARY OF PROVISIONS:

Section 1 amends the title heading of title 30 of article 27 of the
environmental conservation law

Section 2 amends subdivision 4 of section 27-3001 of the environmental
conservation law to include manufacturers of expanded polystyrene cool-
ers

Sections 3 & 4 amend respectively section 27-3003 and 27-3005 to prohib-
it the sale or distribution of polystyrene coolers by January 1, 2026

Section 5 amends subdivisions 1 and 3 of the environmental conservation
law, preempting local laws and ordinances

Section 6 provides the effective date

 
JUSTIFICATION:

While New York State and other jurisdictions have taken steps to ban
polystyrene foam food and beverage containers, most such bans have left
out one major source of polystyrene pollution: polystyrene foam coolers.
These coolers - which are favored by day-trippers for their portability
and insulation - pose a particular environmental threat.  Many people
bring foam coolers with them to beaches or lakes; this proximity to our
waterways makes it more likely that the coolers end up as pollution.
Many foam coolers are left behind as litter or placed in open waste
receptacles and ultimately wash into the water.  Every year, as many as
seven million foam cooler boxes are sold across the nation. Too many of
these will end up in our lakes, rivers, and oceans.

Polystyrene foam presents risks to public health. While the full impact
on human health is still being studied, scientists have concluded that
microplastics leach toxic chemicals that can accumulate in the body and
pose serious health consequences. The National Institute of Health, for
example, recently added styrene - a major component of polystyrene foam
- to their list of anticipated human carcinogens. Across the country,
legislative bodies have been taking action phase out polystyrene cool-
ers. Washington state was the first, and so far, only, state to adopt a
statewide ban on foam coolers.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately after becoming law

2023-S4414A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4414--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- 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
   prohibiting the sale or distribution of expanded polystyrene  contain-
   ers that are designed or intended to be used for cold storage
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The title heading of title 30 of article 27 of the environ-
 mental conservation law, as added by section 1 of part PP of chapter  58
 of the laws of 2020, is amended to read as follows:
 
             EXPANDED POLYSTYRENE FOAM [CONTAINER] CONTAINERS
                 AND POLYSTYRENE LOOSE FILL PACKAGING BAN
 
   §  2.  Subdivision 4 of section 27-3001 of the environmental conserva-
 tion law, as added by section 1 of part PP of chapter 58 of the laws  of
 2020, is amended to read as follows:
   4. "Manufacturer" means every person, firm or corporation that produc-
 es  or imports polystyrene loose fill packaging OR EXPANDED  POLYSTYRENE
 CONTAINERS  THAT ARE NOT WHOLLY ENCAPSULATED OR ENCASED  WITHIN  A  MORE
 DURABLE CONTAINER AND ARE DESIGNED OR INTENDED TO BE USED FOR COLD STOR-
 AGE that is sold, offered for sale, or distributed in the state.
   §  3.  The  section  heading  of  section 27-3003 of the environmental
 conservation law, as added by section 1 of part PP of chapter 58 of  the
 laws of 2020, is amended and a new paragraph (c) is added to subdivision
 1 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06060-07-4
 S. 4414--A                          2

 
   Expanded polystyrene foam [container] CONTAINERS and polystyrene loose
 fill packaging ban.
   (C)  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SIX, NO COVERED FOOD
 SERVICE PROVIDER, MANUFACTURER OR STORE SHALL SELL, OFFER FOR  SALE,  OR
 DISTRIBUTE  EXPANDED POLYSTYRENE CONTAINERS THAT ARE NOT WHOLLY ENCAPSU-
 LATED OR ENCASED WITHIN A MORE DURABLE CONTAINER  AND  ARE  DESIGNED  OR
 INTENDED TO BE USED FOR COLD STORAGE, INCLUDING BUT NOT LIMITED TO COOL-
 ERS AND ICE CHESTS.
   § 4. Paragraph (b) of subdivision 1 of section 27-3005 of the environ-
 mental  conservation law, as added by section 1 of part PP of chapter 58
 of the laws of 2020, is amended and a new paragraph (c) is added to read
 as follows:
   (b) Raw meat, pork, seafood, poultry or fish sold for the  purpose  of
 cooking or preparing off-premises by the customer[.]; OR
   (C)  EXPANDED  POLYSTYRENE CONTAINERS THAT ARE NOT WHOLLY ENCAPSULATED
 OR ENCASED WITHIN A MORE DURABLE CONTAINER AND ARE DESIGNED OR  INTENDED
 TO  BE  USED  FOR COLD STORAGE:
   (I) FOR DRUGS, MEDICAL DEVICES, AND BIOLOGICAL MATERIALS AS DEFINED IN
 THE  FEDERAL  FOOD, DRUG, AND COSMETIC ACT (21 U.S.C. SEC. 301 ET SEQ.);
 OR
   (II) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS,  ANTISERA, DIAG-
 NOSTIC KITS, AND OTHER PRODUCTS OF BIOLOGICAL ORIGIN, AND OTHER  PACKAG-
 ING  MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT  OF AGRICULTURE
 UNDER THE  VIRUS,  SERUM,  TOXIN  ACT  (21  U.S.C.  151-159),  INCLUDING
 VACCINES.
   §  5.  Subdivision 1 of section 27-3007 of the environmental conserva-
 tion law, as added by section 1 of part PP of chapter 58 of the laws  of
 2020, is amended to read as follows:
   1.  Except  as provided in subdivisions two and three of this section,
 this title shall supersede and preempt all  local  laws,  ordinances  or
 regulations  governing  the  sale,  offer  for  sale, or distribution of
 disposable food service containers OR CONTAINERS DESIGNED OR INTENDED TO
 BE USED FOR COLD STORAGE containing expanded polystyrene foam and polys-
 tyrene loose fill packaging.
   § 6. This act shall take effect immediately.

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