At the heart of the Act is the principle of Extended Producer Responsibility (EPR), requiring producers to pay a fee that will fund waste management infrastructure, including recycling and material recovery operations. These fees will be “eco-modulated,” offering financial incentives for producers to reduce packaging waste and use safer, recyclable materials while penalizing the use of hazardous substances and designs that hinder recycling.
A novel element of the bill is the creation of a not-for-profit Packaging Reduction and Recycling Organization (PRRO) tasked with collecting fees, distributing reimbursements to local governments, and ensuring compliance. Additionally, the Office of Recycling Inspector General, established under the Act, will monitor adherence, ensuring transparency and accountability.
For businesses, this legislation introduces an era of operational recalibration. Producers will need to assess packaging designs, supply chains, and sourcing strategies to meet the requirements, including a mandated 30% reduction in plastic packaging over 12 years and a 75% recycling rate for all packaging materials by 2052.
The Act garners strong bipartisan public support, with a Siena Poll indicating 58% of New Yorkers—across party lines—favor its passage. The New York City Council and over 30 municipalities have formally urged Albany lawmakers to advance the bill. Mayor Eric Adams issued a memorandum of support, emphasizing the economic relief this bill could bring to local governments struggling with mounting waste management costs.
Environmental advocates, including Beyond Plastics and NAACP, have backed the legislation, citing health concerns linked to microplastics and toxic chemicals like PFAS, vinyl chloride, and bisphenols, all of which the Act aims to prohibit in packaging. Notably, the bill excludes “chemical recycling” from being counted as true recycling, countering industry lobbying that promotes this controversial method as a viable solution.
Judith Enck, president of Beyond Plastics and former U.S. Environmental Protection Agency regional administrator, issued the following statement in response:
“Nobody voted for more plastic, yet taxpayers are forced to spend hundreds of millions every year just to deal with all of the waste — and the cancer, heart disease, and respiratory and reproductive issues associated with it. We thank Senate Environmental Committee Chair Pete Harckham for moving his visionary bill through the Senate Environmental Conservation Committee, and for bringing New York state one step closer to addressing our growing plastic pollution problem. Now we need this bill to come to the floor in both houses for a vote. Plastic polluters should be on the hook for the mess they’re making.”
Plastic production is a major contributor to climate change, with emissions surpassing those from aviation and forecasted to double in the next two decades. In 2020 alone, plastic's climate impact equated to nearly 49 million cars on the road, a figure that underscores the urgency of systemic change.
Less than 6% of plastic waste in the U.S. is recycled, with the rest ending up in landfills, incinerators, or polluting oceans. The Packaging Reduction and Recycling Infrastructure Act aims to reverse this trend by embedding circular economy principles into state policy. The potential economic impact is equally significant—reducing municipal waste management costs and fostering new markets for recycled materials and sustainable packaging alternatives.
For both public and private sector stakeholders, early compliance planning will be essential. Businesses should begin auditing packaging materials, exploring recyclable and non-toxic alternatives, and preparing for the reporting and fee structures outlined in the bill. Municipalities may benefit from the anticipated reimbursement funds and technical assistance, allowing for upgrades to recycling facilities and the expansion of public education campaigns on waste reduction.
If passed, New York’s legislation could accelerate national momentum toward producer responsibility laws, influencing federal policy and prompting action in other states. The Act’s holistic approach to waste reduction, environmental health, and climate resilience offers a forward-thinking model at the intersection of policy, sustainability, and economic strategy.
As the bill moves closer to a floor vote, stakeholders across industries should monitor its progress and prepare for a regulatory landscape that places environmental accountability squarely on the producers of packaging waste.
