Sweeping NY bill aims to nix plastic wrap for these crucial everyday items

A sweeping state recycling bill calls for scores of companies to stop using plastic wrap when packaging products, which critics gripe could leave crucial everyday items such as diapers and toilet paper soggy.

The proposed Packaging Reduction and Recycling Infrastructure Act would require companies with net income exceeding $5 million that sell or distribute certain materials and products to reduce and phase out toxic or non-reusable packaging, replacing it with reusable and environmentally friendly alternatives.

Other states have similar green-packaging programs, including Maryland, Maine, Oregon, Colorado, California and Minnesota, and some countries employ them, too.

New Yorkers create nearly 5 pounds of trash apiece every day.

Manufacturers would be required to reduce their non-green packaging by 10% within three years and 30% in 12 years.

They also would be required to have at least 5% of their packaging qualifying as reusable or refillable by 2032, 10% by 2040, and 20% by 2055.

Meanwhile, at last 25% of packaging would have to be recyclable by 2032, with increases to
50% and 75% 2040 and 2055 respectively.

“New York State must follow suit to meet the moment for environmental accountability,” said the memo justifying the legislation sponsored by state Assemblywoman Deborah Glick (D-Manhattan) and state Sen. Peter Harckham (D-Peekskill).

“This legislation shifts the onus of recycling and waste hauling for packaging from municipalities and residents and ensures that producers of products are serving our interests by establishing solutions to sustainable packaging,” the memo said.

The bill would impose a fee on companies that use too much plastic packaging past the deadlines, with the money going toward recycling programs and infrastructure.

But the packaging industry and supermarkets claim they will be forced to replace their plastic packaging with less protective paper packaging, which could cause soggy products.

“Even with its recent amendments it will eliminate the plastic film packaging that keeps essential products like toilet paper, paper towels, and diapers dry and sanitary,” said Dan Felton, president and CEO of the Flexible Packaging Association

“Without it, retailers and consumers face increased product damage, higher replacement costs, and less reliable shelf availability.

“We agree that we must improve recycling systems and reduce waste, but good public policy will also avoid higher costs and keep critical packaging in place to protect public health,” he said.

Nelson Eusebio, the National Supermarkets Association’s director of government affairs, added, “For independent supermarkets serving New York City’s working-class and minority communities, even modest shifts in packaging policy can quickly translate into higher costs for families.

“When changes move forward without scalable, commercially viable alternatives, those costs ripple through the supply chain and affect prices at the register.”

A similar bill passed the state Senate last year but died in the Assembly amid opposition from plastics manufacturers.

The pro-recycling, anti-plastic measure comes as Gov. Kathy Hochul is negotiating with lawmakers to ease the deadlines for lofty mandates and optimistic timelines outlined in a 2019 climate-change law aimed at replacing fossil-fuel sources of energy with clean green power such as solar, wind and hydro.

Harckham and Glick said their bill has been dramatically revised from its previous version, with 150 separate changes, which include pushing back compliance deadlines on the proposed recycling and toxic-substance bans.

“The underlying challenge has not changed. New York is facing a growing solid waste and pollution crisis, and the Packaging Reduction and Recycling Infrastructure Act is a real solution that must be passed this year,” Glick said.

Harckham said industry input was considered when the bill was amended.

“We have forged a middle ground with these amendments to our bill, and now we are working to finally gain the necessary legislative and executive approvals that will save New Yorkers millions of dollars each year while helping to protect our environment,” he said.

The bill has the backing of more than a half dozen environmental groups as well as the state Association of Counties, which claim excessive plastics clog up dwindling landfill space.

“New Yorkers are drowning in plastic waste, and for too long, taxpayers have been stuck with the bill while multi-billion-dollar companies pump toxic chemicals into our communities,” said Judith Enck, founder of the group Beyond Plastics and a former regional administrator for the US Environmental Protection Agency.

“These amendments are a major concession to the plastic industry, but the foundation of the bill remains important, necessary and impactful. We cannot afford another year of inaction.”