Legislative Overview
NYSAR3’s Mission: To provide statewide leadership on waste reduction, reuse, and recycling issues and practices to improve the environment.
For more than two decades, the New York State Association for Reduction, Reuse, and Recycling (NYSAR3) and its members from the public and private sectors have played a key role in establishing environmental initiatives to reduce waste and increase reuse and recycling. This effort includes advancing legislation that promotes public and environmental health while shaping the sustainable materials management economy of the future.
All are welcome to join our Legislative Committee efforts.
For information and to join:
Contact Bodhi Piedmont-Fleischmann, Legislative Committee Chair
2025 Legislative Overview
NYSAR3 SUPPORTS Extended Producer Responsibility for Packaging and Paper Products (A1749/S1464)
NYSAR3 supports Extended Producer Responsibility (EPR) for packaging and paper, requiring brand owners and manufacturers to finance the recycling of materials they produce. EPR programs engage producers in the end-of-life management of products and encourage circularity by reducing the amount of packaging and paper used in product production, redesigning to be more readily recyclable, incorporating post-consumer content, and leveraging market forces to maximize material recovery.
Municipalities bear the operational and financial burden of recycling, and consumers feel the responsibility of making disposal decisions. Versions of EPR for packaging and paper policies have been implemented in four states, and NYSAR3 supports the passing of an EPR law for packaging and paper products in New York. NYSAR3 strongly advocates for the inclusion of paper, left out of A5322/S4264, in extended producer responsibility law. Paper, as a product (ex. junk mail, printed paper) along with newsprint, accounts for as estimated 40% of the curbside recycling stream. Excluding both paper and newsprint would exclude 40% of expenses covered under an EPR program and is inconsistent with the CLCPA Scoping Plan.
NYSAR3 SUPPORTS Improvements to the Returnable Container Act (Bottle Bill) (S2351, A1744/S1719)
Beverage container collection through the provisions of the Bottle Bill provides a segregated, marketable, clean source of recyclable materials. NYSAR3 supports the expansion of this program to include wine, liquor, and other glass beverage containers. This expansion will advance recycling options for over 100,000 tons of glass material and remove the financial burden of disposal placed on municipal curbside recycling programs. Glass beverage containers have limited marketability when collected through single-stream curbside recycling, can significantly affect the quality of non-glass materials, and cause damage to facility equipment when commingled.
To increase the incentive for redemption and support the redemption centers that manage and implement the Bottle Bill program, NYSAR3 also supports an increase of the deposit and redemption value to ten cents (10¢), setting of the deposit and redemption value for wine and liquor at twenty-five cents (25¢), and an increase in the handling fee that is paid to redemption centers to five or six cents (5¢ - 6¢).
Under the current legislative conditions, NYSAR3 would only support the inclusion of other plastic and aluminum containers in a Bottle Bill expansion if the additional collected funds would be returned to existing recycling programs, as the inclusion of these additional containers would remove valuable recyclable commodities from existing recycling streams and financially undermine existing programs. Expansion of the Bottle Bill should be undertaken in coordination with the implementation of Extended Producer Responsibility for Packaging and Paper Products - should EPR for packaging and paper move forward to provide predictable funding for recycling programs, NYSAR3 intends to revise this position to strongly support inclusion of additional plastic and aluminum containers in the highly effective Bottle Bill program.
NYSAR3 SUPPORTS “Skip the Stuff” Legislation to Reduce Single-Use Food Service Items (A1692)
This proposed legislation would provide restrictions on single-use food service items in restaurants and third-party food delivery services. The measure is intended to reduce plastic pollution and waste generation by prohibiting bars and restaurants from providing single-use food service items unless requested by the customer, while also reducing expenses for food service establishments. A similar measure has been enacted by the New York City Council as of February 2023 (Intro 559-A), and NYSAR3 supports statewide implementation of this measure.
NYSAR3 SUPPORTS Expanding Rechargeable and Primary Battery Extended Producer Responsibility (S73 and A1324/S2178)
Expanding Rechargeable Battery EPR to include e-mobility batteries is needed to protect New Yorkers from the potential dangers of these batteries. The increase of consumer products that rely on the use of rechargeable batteries, most notably Lithium-Ion, has inadvertently led to an increase in dangerous fires that have caused serious (and fatal) injury and hundreds of millions of dollars in equipment and property damage. Dangerous battery fires occur in waste collection vehicles and at recycling and waste management facilities when lithium-ion batteries are crushed or punctured. Including e-mobility batteries as well as battery-imbedded devices, toys, and medical devices in the Rechargeable Battery EPR law and allowing a city with a population of one million or more to enforce through its agencies will provide critical policy improvements to mitigate these issues for NYS residents, solid waste employees, and our state's recycling infrastructure going forward.
In addition, NYSAR3 supports the establishment of a primary (single-use) battery recycling program paid for and managed by battery manufacturers. The program laid out by the bill could capture nearly 7 million pounds of primary batteries annually, which are currently not recycled or managed at the expense of local municipalities.
NYSAR3 SUPPORTS Textile EPR, Recovery, and Waste Reduction (S3217, and similar to A4333A and A6995/S8169 from 2024 Session)
According to the US EPA, almost 2 billion pounds of textiles are generated as waste in NYS each year and eighty-five percent of textile waste is estimated to be disposed through landfilling and incineration. The market value of the discarded textiles is over $650 million based on salvage market prices and forecasts indicate that the U.S. reuse/second-hand apparel market will double within the next five years.
Textiles accounted for an average of 5.7% of the total waste stream in 2022 across 17 NYS municipalities sampled by Stony Brook University according to their New York State Waste Characterization annual report*.
As municipalities strive toward zero-waste programs and more cost-effective operations, and brands seek circular solutions for their products, textile recovery presents an attractive opportunity. However, textile collection, sorting, and processing systems lag behind other recycling systems, such as those for metal, glass, plastic, and paper. EPR (S6654/A8078) can jumpstart the market for textile recovery by leveling the competitive playing field, de-risking investment, and incentivizing reuse and recycling.
In addition, policies like the NYS Fashion Sustainability and Accountability Act (A8352), promote textile supply chain transparency and data reporting, which can not only increase consumer awareness and corporate responsibility, but it can inform decision-making and ease the transition from linear to circular. Likewise, the Reusable Healthcare PPE bill (A6995) would prevent disposable PPE from entering the waste stream.
*Wang, Y., F. Firmansyah, S. Manzur, K. Thyberg, E. Hewitt, and DJ Tonjes. 2024. 2022 New York State Waste Characterization. Task 1 2022 Annual Report, MOU #AM 11643. Waste Data and Analysis Center, Stony Brook University, Stony Brook, NY. 62 pp.
NYSAR3 SUPPORTS Extended Producer Responsibility for Mattresses (A1209/S1463)
According to the Product Stewardship Institute (PSI), Americans send more than 50,000 mattresses to landfill each day and less than 5% are recycled. Refurbishing instead of landfilling mattresses reduces energy and greenhouse gas emissions – and up to 90% of mattress components are recyclable.
This proposed legislation would establish extended producer responsibility for mattresses, requiring mattress producers to establish a plan for the convenient and cost-effective recycling of used mattresses. Since the implementation of EPR programs for mattresses in Connecticut, California, and Rhode Island, more than 12 million mattresses have been recycled and more than 450 million pounds of material – steel, foam, cotton, and wood – have been diverted from disposal.
NYSAR3 SUPPORTS Revisions to the Finance Law to Encourage Reuse and Sale of Surplus Property (S3106)
The New York State and its local governmental (county and municipal) agencies have an excess of surplus property, much of which is disposed of due to restrictive state laws that do not encourage, or explicitly disallow, opportunities for creative reuse. The processes required to keep usable surplus items in circulation and out of the waste stream are burdensome and lead to usable items being discarded.
NYSAR3 supports proposals to create a system where State agencies and authorities can easily transfer surplus property to a pre-approved list of non-profit organizations to prevent disposal of surplus items and to continue building the circular economy, while creating jobs and bolstering the growing reuse industry in New York State.
NYSAR3 SUPPORTS Updating the Definition of the Term Reusable Bag (S706)
The proposed bill to amend the definition of "reusable bag" in New York State's environmental conservation law represents a significant step towards promoting sustainability and reducing plastic waste. By establishing clear standards for reusable bags—emphasizing durability, reusability, and environmental friendliness—this legislation encourages consumers to make more responsible choices.
NYSAR3 supports this bill to clarify the definition of a reusable bag and the inclusion of recycled plastics to ensure that the definition accommodates innovation in eco-friendly products. Overall, this bill not only supports environmental conservation but also fosters a culture of circular design.
NYSAR3 SUPPORTS Extended Producer Responsibility Framework Legislation
Extended Producer Responsibility (EPR) programs reduce the costs and environmental impacts of covered products by requiring manufacturers to take financial responsibility for the management of products at the end of their useful life.
NYSAR3 supports the development of framework legislation that requires NYSDEC to annually evaluate existing product stewardship programs and evaluate additional products to be covered under EPR laws.
NYSAR3 SUPPORTS Efforts to Enhance Markets for Recyclables
The use of post-consumer recycled materials to produce new products provides a market for collected recyclables and is central to developing and maintaining a circular economy. As manufacturers use post-consumer materials and markets for recovered recyclables are expanded, it creates a growing demand and helps make recycling programs more cost-effective.
NYSAR3 supports measures to expand recycling markets, including directly mandating or incentivizing minimum recycled content in manufacturing, expanding green purchasing programs, and funding research and development to support infrastructure and additional innovative end-market development.
NYSAR3 partners closely with the NYS Center for Sustainable Materials Management, including support for the expansion of local and sustainable recycling markets.
NYSAR3 supports Increased Sustainability and Circularity in the Building and Construction Industry
NYSAR3 partners closely with CR0WD (Circularity, Reuse, Zero Waste Development), a collaborative network launched in 2020 that is working to create a more sustainable built environment in New York State through the creation of a circular building and construction economy.
Through this collaboration, NYSAR3 supports efforts to expand deconstruction and material reuse rather than demolition. NYSAR3supports the development of statewide parameters for comprehensive deconstruction legislation.
NYSAR3 SUPPORTS Revision of the 1988 Solid Waste Management Act
NYSAR3 recommends revisions and updates to the requirements first adopted under the Solid Waste Management Act of 1988 (Act). At the time, the Act provided strong leadership for New York State to tackle materials management issues, solid waste management and recycling initiatives. As it has been almost three decades since these provisions and programs were first established and implemented, NYSAR3 believe it is time that the State moves forward to adopt revisions to this legislation and reinvigorate the State’s materials management programs.
Specifically, revisions to the Act would allow the NYSDEC and State legislature to facilitate an increase in the statewide recycling rate, work to combat the greenhouse gas emissions associated with packaging production and materials management procedures, and continue to generate jobs in the recycling and reuse industry. The Act can be used as a tool to reach these goals via the incorporation of more stringent requirements and incentives for innovation.
NYSAR3 supports development of a working group made up of legislators, regulators, and industry stakeholders to draft revisions.
NYSAR3 SUPPORTS Improved Disaster Debris Management and Prevention
In the aftermath of major flooding and other significant natural disasters, materials that are reusable, recyclable, or compostable are often disposed of in ways that are not the highest and best use of this material (landfilled or incinerated). NYSAR3 supports standard solid waste management plan requirements, best practices including the creation of reuse workforce development hubs, and education to improve recovery, recycling, and composting of disaster debris. NYSAR3 supports the allocation of funding for education and the purchase of publicly owned, regional mobile material recovery sorters and industrial wood chippers to facilitate the collection and processing of disaster debris.
NYSAR3 SUPPORTS Implementation of the Climate Leadership and Community Protection Act
Following the passage of the Climate Leadership and Community Protection Act (CLCPA) in 2019, the Climate Action Council was tasked with developing a framework for how the State will reduce greenhouse gas emissions and reach the stated goals of the CLCPA. The Waste Advisory Panel was formed to consider the impacts of materials management on climate goals. NYSAR3 supports continued discussion of measures to both encourage reduction, reuse, and recycling while considering the climate impacts of waste and materials management, as US EPA data shows that over 50% of carbon emitted comes from the production, transportation, and use of consumer products, packaging, and food.** NYSAR3 will continue to review and support specific proposals presented by the Waste Advisory Panel and recommend increased funding to tackle emissions from the sustainable materials management industry.
- NYSAR3 supports the NYS CLCPA goals including further greenhouse gas reduction by supporting infrastructure funding, incentivizing the use of compost in state-funded projects, and supporting the beneficial use of organic materials.
- NYSAR3 supports the implementation of Waste Disposal Disincentive Surcharge, as described in the State Solid Waste Management Plan. To incentivize waste reduction, the measure would impose a disposal disincentive surcharge (fee per ton) on all waste landfilled or combusted in New York State and all waste generated in New York State being sent for landfilling or combustion out-of-state, with the collected funds allocated to provide financial support for reduction, reuse, and recycling projects. While
- NYSAR3 supports the goal of the surcharge, we also recognize that the implementation details are important to ensure a successful program. We look forward to working with legislators, regulators, and other stakeholders to develop a program that mitigates concerns regarding the management and allocation of resulting surcharge funds, as well as education, outreach, and messaging to preserve the “disincentive” intent of the proposed measure.
** Opportunities to Reduce Greenhouse Gas Emissions through Materials & Land Management Practices, U.S. Environmental Protection Agency Office of Solid Waste & Emergency Response, September, 2009 https://www.epa.gov/sites/default/files/documents/ghg-land-materials-management.pdf
NYSAR3 SUPPORTS Expansion of Fair Repair Legislation
The promulgation of Fair Repair legislation will allow broader access to diagnostic and repair information and opportunities, to support the repair market and promote Fair Repair as a policy for waste reduction and reuse. More repair options for consumers will slow the growth of many potential waste streams, enable more extended use of products through multiple owners, and help New York State divert waste to practical use.
NYSAR3 supports the fostering and growth of viable repair mechanisms, including strengthening and expanding the digital fair repair measure adopted in 2023 (S1320/A1285) to include additional equipment and repair resources.
NYSAR3 SUPPORTS Evaluating Inclusion of Aerosol Paint Containers within the NYS Postconsumer Paint Collection Program
New York State's Postconsumer Paint Collection Program has collected over 1 million gallons of paint for management since the program launched in March 2022. NYSAR3 supports an evaluation to effectively and safely expand the current program to include paint packaged in aerosol cans, in coordination with stakeholders including municipalities, drop-off points, and the current paint stewardship program manager. With the goal of increasing proper management of this material and making end-of-life management easier for New York State residents, NYSAR3 recognizes that aerosol paint containers pose different challenges for drop-off points and processing facilities so thorough consideration of safety and logistics is required prior to the development of a legislative proposal.
NYSAR3 SUPPORTS Development of Resources and Funding to Implement Product-Based Waste Characterization Studies
Traditional waste characterization studies, carried out by generators and municipal entities to learn more about their waste and recycling streams, produce a pie chart where materials are categorized into recyclable and organic material categories. While this process provides a valuable planning tool, a product-based discards characterization may be more useful in understanding how to implement a successful sustainable materials management strategy and achieve greater diversion results. By summarizing the actual products that are being discarded (e.g. durable goods, packaging/containers, food scraps, yard trimmings), generators can apply a range of initiatives developed by the USEPA for each slice of the pie, with opportunities for reuse and prevention.
NYSAR3 supports development of educational resources and guidance documents to encourage generators to implement the type of waste characterization efforts that will best assist with waste reduction efforts.
NYSAR3 SUPPORTS Pay-As-You-Throw Education and Resources
Pay-As-You-Throw (PAYT) is a solid waste management program that incentivizes people to recycle, reuse, and compost more and generate less waste by charging for waste disposal based on material volume. In some applications, PAYT programs have been shown to effectively increase recycling and waste diversion and decrease solid waste generation. This method has been used widely for 30 years, employed in over 9,000 communities, including some NYS localities, and has been recommended by USEPA.
PAYT programs create a direct economic incentive to generate less waste and compost or recycle more, as the decision to recycle is separated from the direct cost. NYSAR3 continues to encourage further discussion and education on this waste management strategy in New York State and supports the allocation of resources for municipal entities seeking to effectively implement these programs.
NYSAR3 SUPPORTS Expansion of Funding for Organics Management Infrastructure
NYSAR3 joins stakeholders across the state supporting a $7.5 million increase in the Environmental Protection Fund (EPF) dedicated to grants for capital projects that establish or expand food scrap composting programs and facilities managed by municipalities or non-profits, for a total of $10 million. Increased capital funding for composting throughout NYS is vital in order to ensure that the infrastructure exists to meet the requirements of the newly expanded Food Scraps Donation and Food Scraps Recycling Law, as well as the goals set by the Climate Leadership and Community Protection Act (CLCPA) and the recommendations of New York’s Climate Action Council Advisory Panel on Waste.
We also advocate for an expansion of the entities eligible to apply for the existing $2.5 million in grant funds for composting and food rescue funds, as well as the requested $7.5 million increase in composting funds. Currently, only municipalities and food banks are eligible for this funding for composting and food rescue, respectively. This eligibility should also include other
non-profit organizations that are not classified as food banks but play a critical role in food rescue and donation efforts, and to include non-profits that play a vital role in community composting efforts that are not classified as municipalities.
NYSAR3 SUPPORTS Increased/Full Funding of the Environmental Protection Fund
The Environmental Protection Fund (EPF) has continued to be a vital resource to New York State by allocating funding for numerous environmental programs and projects, including solid waste management.
Expanding EPF funding will further enhance the state’s ability to leverage (or partially replace a potential decrease in) federal, local and private dollars, and enable communities to implement programs that will make New York an ideal place for businesses to locate and for families to live. NYSAR3 therefore strongly supports an increase of the Environmental Protection Fund to $500 million total. We also support continuing full funding of the Municipal Recycling Line of the Solid Waste Account as part of the EPF. Municipalities rely on these critical funds to enhance recycling, offer household hazardous waste programs, provide recycling education and coordination, and make capital improvements to their recycling infrastructure.
Emerging Chemical Recycling Technologies
Despite growing awareness and efforts to mitigate its impact, plastic production and the resultant pollution continue to surge globally. Every year 19-23 million tons of plastic waste leaks into aquatic ecosystems, polluting lakes, rivers, and seas. (UN Env Programme). In response to this crisis, stakeholders including consumer brands, recyclers, governments, and environmentalists have been actively seeking solutions to curtail waste, mitigate greenhouse gas emissions, and combat pollution. Amidst this urgency, plastics producers and other industry stakeholders have put forth the concept of "advanced" or "chemical" recycling as a potential remedy. However, these proposed technologies have sparked considerable debate, raising questions and concerns among environmental advocates and numerous government agencies.
NYSAR3 believes that prioritizing reduced material consumption and fostering a resilient reuse economy are foundational, key elements of emerging policies and remain paramount within the traditional sustainable materials-management hierarchy. Additionally, our members acknowledge that achieving a circular economy necessitates the integral role of recycling.
NYSAR3 supports the advancement of emerging innovative recycling technologies in a properly regulated environment and those align with the criteria outlined by the Product Stewardship Institute.
Additional information about NYSAR3’s position on this topic can be found on the following link:
