S. 9493 Summary

• Establishes an extended producer responsibility (EPR) program requiring packaging producers to manage packaging waste, reduce non-reusable packaging by 10-50% over ten years, and fund collection and recycling infrastructure in New York State.

• Requires producers to submit responsibility plans within 18 months addressing waste reduction, recycling rates of 50-90%, post-consumer recycled content requirements, and public education programs, with department approval needed before implementation.

• Prohibits certain toxic substances in packaging immediately (ortho-phthalates, bisphenols, PFAS, lead, cadmium, mercury, formaldehyde) and polyvinyl chloride, polystyrene, and polycarbonate within one year, with additional substances designated every three years.

• Establishes eco-modulated fee structure where producers pay fees based on packaging material type and weight, with higher fees for non-recyclable materials and reduced/no fees for reusable or recycled content packaging.

• Creates the Packaging Responsibility Fund from enforcement penalties to support third-party audits of recyclable materials, waste, and litter, and requires producers to cover administrative costs and municipal recycling service expenses.