NYPSC Fights for You – Get Involved!
NYPSC has fought for the needs of municipal waste and recycling programs in New York State for 15 years with great success. We’ve developed, advocated for, and helped enact 7 extended producer responsibility (EPR) programs that engage consumer brands in funding and operating recycling programs and save municipalities millions of dollars every year.

Most recently, we helped enact EPR laws for paint and carpet. These laws created the New York PaintCare program, which is already operating, and a carpet collection and recycling program that will be operational by July 1, 2026. In the first 2 years of the program, PaintCare established 324 permanent collection sites, collected 1.27 million gallons of latex and oil paint, and saved municipalities more than $9 million in transportation and processing costs. Our EPR laws for batteries, electronics, and mercury thermostats provide additional savings each year.

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4. Take our Survey! Please share your materials management priorities and how you want to be involved in building the future of sustainable materials management in New York State.

What’s on the Horizon for Extended Producer Responsibility in NYS?
EPR is a policy tool for improving materials management and recycling and it has blossomed in recent years, catalyzed by the recycling crisis, the emergence of circular economy thinking, and climate change. Here in New York State, EPR for carpet, field turf and pad underlayment passed the NY State Legislature and was signed by Governor Hochul in 2023. It was the first carpet EPR law to pass in a decade and will be a huge benefit to municipal waste and recycling programs, the environment, and the economy. In a NYSAR3 conference session called “What’s on the Horizon – EPR in NYS”, Dawn Timm of NYPSC, David Bender of Circular Polymers, Bob Peoples of CARE (the carpet producer responsibility organization), and Marissa Adler of RRS will dive deep into carpet EPR and explore opportunities to apply EPR to textiles, HHW, and other products. Join us on Wednesday, Nov. 20 at 1:30pm at the NYSAR³ 35^th Annual Conference and Trade Show.

PaintCare Projects Recovery of 2 Million Gallons by Year End
The NY State PaintCare program continues to grow, with over two million gallons of leftover paint projected to be recovered by the end of 2024.

Much of this material is being recycled at two new paint reprocessing facilities in New York; one in Rotterdam, operated by Green Sheen, and the other in Syracuse, operated by Empire Recycled Paint.   Additional processors beyond New York providing paint recycling services include MXI and GDB Paint and Coatings.

The New York PaintCare program began operating in May 2022. A key factor contributing to early program success is the partnerships PaintCare has established with municipalities across the state. These partnerships include:

1. PaintCare supporting paint management costs at over 270 household hazardous waste (HHW) collection events to date
2. A growing number of municipalities working with PaintCare to become an ongoing drop-off site for their community

In addition to over 310 PaintCare drop-off sites located at paint retailers and reuse stores across NY, 19 municipalities have taken a leadership position by offering a convenient paint drop-off option for leftover paint for their community.

Among the very first to “jump in the PaintCare pool” as drop-off sites were Westchester County, the Town of Clifton Park, the Town of Brookhaven, the City of Yonkers, and the Oneida Herkimer Solid Waste Authority.  More municipalities in NY continue to join, with Sullivan and Delaware Counties set to become a PaintCare drop-off sites soon, as well as Lewis and St. Lawrence Counties through their partnership with the Development Authority of the North Country (DANC).  Chenango County has set up three municipal PaintCare drop-off locations.

The feedback from municipalities participating as drop-off locations has been terrific:

Zachary Sicardi, Recycling Educator for the Town of Brookhaven on Long Island reports:

A common question for our recycling staff is, “How do I get rid of old paint?” Offering a recycling solution brings delight to community members who appreciate the convenience of being able to go either to our municipal drop-off or to a paint retailer that may be more local to them. PaintCare makes participation easy, saves disposal costs, and pleases residents looking to recycle.

Saida Jereis of the Yonkers Recycling Center explains why the third largest city in New York State decided to become a PaintCare drop-off site:

By providing a designated location where residents can easily and responsibly dispose of paint, the city contributes to cleaner neighborhoods and reduced environmental impact. This initiative improves community satisfaction with municipal services and fosters a sense of environmental responsibility among residents, promoting a cleaner and safer living environment for all.

Bill Bryans from the Town of Halfmoon Transfer Station in Saratoga County states:

The Town of Halfmoon wanted to partner with Paint care due to the amount of resident inquires we were receiving asking how to properly dispose of paints and stains. We believe that providing services for our residents is a top priority and whenever there’s a chance to do that we jump on it. Working with Paint care has been seamless. They provide everything we need to collect the paints and stains and when we’re ready for a pick-up we just give them a call and it’s gone!

Tyler Seifert from the Scarsdale Transfer Station reports:

The Village of Scarsdale decided to become a PaintCare drop off site because we are always looking for different ways to increase recycling.

PaintCare applauds all the municipal locations across the state serving as paint drop-off sites and invites other municipalities to join them in the PaintCare pool as we work together to make it easy to recycle leftover paint all year long.  And, as a reminder, PaintCare offers funding support for municipal outreach activities, including radio, newspaper, social media and direct mail, that promote the PaintCare program.

For more information about partnering with PaintCare, please visit www.paintcare.org/waste-facilities/  Additional details on program status are presented in a 2023 Annual Report available at: www.paintcare.org/wp-content/uploads/docs/ny-annual-report-CY2023.pdf
 

The Success and Challenges of Implementing Niagara County’s Solar Panel Local Law
New York has made significant strides in promoting renewable energy through the implementation of its Community Leadership and Climate Protection Act (CLCPA).  This legislation was designed to promote renewable energy by drafting targets to meet the state’s ambitious climate agenda. In response to the rapidly growing trend of solar development, the Niagara County Legislature, following recommendations of the NY State Scoping Plan, passed the first-of-its kind local to manage solar panels at their end of life in April 2021.  While the law has seen successes with continued approval of stewardship plans and ongoing solar development, it also faces several challenges that must be addressed to ensure its long-term effectiveness and sustainability.

Successes
To date, Niagara County has nearly 40% of pipeline project panels covered by an approved Stewardship Plan, however only one manufacturer has submitted a plan for approval.  The remainder of the covered panels are from plans submitted by independent project owners, who are assuming responsibility as a Stewardship Organization under the laws carve out for a Stewardship Organization.  The intent of the County’s local law is for manufacturers – not project owners or installers – to assume financial responsibility and legal obligation for managing solar panel waste at end of life and to comply with the conditions and requirements set forth in the law.  Allowing the use of Stewardship Organizations in lieu of individual manufacturers is a predominant feature of producer responsibility laws around the world. The proposed approach of specific project owners acting as a Stewardship Organization for their specific site was not the intent of the County’s local law, but is technically permissible.

Challenges
Despite these successes, the implementation of the Solar Panel Local Law is not without its challenges. As the first local law in the nation regarding end-of-life solar panel management, Niagara County has embarked on a steep learning curve.  A challenge lies in the financial barriers that exist for residential panels. While the law was intended for manufacturers to facilitate free access to panel recycling, the lack of manufacturer involvement has not translated into an available service.  Furthermore, outreach to international, overseas manufacturers is challenging, and supply chain issues further complicate matters.  Lastly, while the County has approved plans from one manufacturer and several different project owners for commercial projects, it remains to be seen if utility scale projects, those greater than 20 MW, * under the auspices of the Office of Renewable Energy Siting will honor the local law requirements.

Conclusion
In conclusion, Niagara County’s Solar Panel Local Law has achieved notable successes in promoting end-of-life management for solar panels installed throughout the County.  Despite the challenges outlined, Niagara County remains committed to implementing our policy and engaging with stakeholders throughout the process.  By focusing on these areas, Niagara County is assuring residents that the County is committed to paving the way for a more sustainable future and eliminating long term environmental and financial liability to the community.

NEW YORK STATE NEWS

Attention business owners and managers of institutions: Does your New York based business recycle or want to? Tell us about it and win a $100 gift card!
The Center for Sustainable Materials Management at SUNY ESF is working to better understand recycling services that are available to commercial and institutional entities in the state and their associated costs. The data from this survey will be used to plan for improved recycling in New York.

Complete this survey to be eligible to win one of five $100 Visa gift cards! To learn more about this project, visit centerforSMM.org/needs-assessment

Questions? Contact NY.Needs@recycle.com.
 

CSMM and RRS Shed Light on Ways NYS Can Improve Textiles Recovery and Recycling
Textile waste is a growing concern for New York and globally. While New York State has existing programs that divert textiles waste from landfills, insufficient infrastructure for textiles recovery means limited access to convenient recycling solutions for many residents, and therefore muted participation in textiles recycling programs.

So says a recent report developed by the Center for Sustainable Materials Management (CSMM) and Resource Recycling Systems (RRS), which offers a thorough look into textile waste flows, infrastructure, and consumer behavior. In addition to the need for improved infrastructure, the report highlights the need for greater transparency in the textiles supply chain and more robust data on textile waste flows. Better data will enable New York to develop more effective programs for textile recycling and waste reduction.

The authors recommend several areas for improvement, including:

• Formalizing best practices and governing standards.
• Increasing awareness of textile recycling options via outreach and education.
• Boosting convenience by expanding accessible drop-off locations and better timing of collection events.

Read more in the full report.

NATIONAL PRODUCT STEWARDSHIP UPDATES

Illinois Enacts 16^th Battery Recycling Law
On August 9, Illinois Governor JB Pritzker signed into law the Portable and Medium-Format Battery Stewardship Act, SB 3686, which requires battery producers to fund and manage the collection, transportation, and recycling of portable primary and rechargeable batteries (e.g., from cell phones, TV remote controls, and small power tools), as well as medium format batteries (e.g., from bicycles, hoverboards, and scooters).

This EPR law is the 16^th in the U.S. for batteries, including New York’s. Sponsored by Illinois State Senator David Koehler and co-sponsored by 16 other state legislators, the law requires companies selling or distributing batteries in the state to join a battery stewardship organization which will develop a stewardship plan and operate the statewide program. The plan must be submitted by July 1, 2025, and the program must be operational by January 1, 2026. The Illinois Environmental Protection Agency (IEPA) will approve the plan, oversee the program, and ensure compliance.

In recent years, lithium-ion batteries, which power an increasing number of products, have caused fires at waste management facilities and buildings in New York City that have resulted in millions of dollars in damage, injuries, and tragic deaths. NYPSC continues to advocate for expanding New York’s existing rechargeable battery EPR law to include medium-format rechargeable batteries – like those used for e-bikes, scooters, and hoverboards – in alignment with new best practices for battery EPR laws that have been enacted D.C., California, Washington, and now Illinois.

If you want to support this effort, respond to our survey.
 

Minnesota Enacts 5^th EPR for Packaging Law
In May, Minnesota Governor and vice-presidential candidate Tim Walz established the 5^th packaging EPR law in the U.S. when he signed into law The Environmental and Natural Resources Supplemental Budget Bill (HF 3911 / SF 3877). The law requires producers of packaging, food packaging, and paper products to fund the expansion and improvement of recycling statewide.

The bill as enacted was championed by Representative Rick Hansen and Senator Foung Hawj, the original bill sponsors Senator Kelly Morrison and Representative Sydney Jordan, and the Minnesota Pollution Control Agency (MCPA). It garnered support from state and local governments, solid waste associations, nonprofit organizations, The Recycling Partnership, AMERIPEN, the American Beverage Association, and the Minnesota Chapter of the National Waste & Recycling Association. The paper industry, retailers and grocer associations, and some beverage organizations opposed it.

The law requires producers to join a producer responsibility organization (PRO) by July 1, 2026, and pay registration fees that will fund the program – 50% of net recycling costs by 2029, 75% by 2030, and 90% by 2031. The fees will also cover MPCA’s costs to provide regulatory oversight and hire a third-party consultant to conduct an initial needs assessment by December 31, 2026, and additional assessments every five years. MPCA will appoint a PRO by January 1, 2025.

By 2032, all packaging and paper products sold into the state must be refillable, reusable, recyclable, or compostable. Annual goals for waste reduction, reuse, recycling, and composting will be established in the program plan, due October 1, 2028. The plan will be informed by the data and recommendations in the needs assessment and approved by MPCA. A multi-stakeholder advisory board, established by MPCA, will consult with the agency on the needs assessment, program plan and goals, and annual PRO reports.

The Partnership on Waste and Energy (PWE) spearheaded the development and advocacy of Minnesota’s packaging EPR law. PWE hired the Product Stewardship Institute (PSI), NYPSC’s fiscal sponsor, to develop a packaging bill for the state, which was based on PSI’s packaging EPR policy model. Early key stakeholder agreements on the initial bill established a strong foundation for negotiations that resulted in the final law.
 

California Enacts First-in-the-Nation EPR Law for Textiles
On September 28, California Governor Gavin Newsom signed into law SB707, the Responsible Textile Recovery Act of 2024, the first extended producer responsibility (EPR) law for textiles in the United States. The law requires producers of household textiles, including clothing, footwear, and hospitality items, to finance and manage a statewide program to collect, encourage reuse, fund repair, and recycle post-consumer textiles. The law was championed by the California Product Stewardship Council and was supported by H&M Group, Ikea, Marmot, Circ Inc., and many others.

Under the new law, producers (e.g., brands) that sell textiles into California will be required to fund an industry-run producer responsibility organization (PRO) that is tasked with increasing the collection, sorting, reuse, repair, and recycling of post-consumer textiles. The PRO must create accessible textile collection points throughout the state, including retail take-back programs and other convenient drop-off sites. All producers of covered products must join a PRO that is approved by the California Department of Resources Recycling and Recovery by July 1, 2026, with the program expected to be in operation by January 1, 2030.

Textile EPR is new to the U.S. but has been established in France since 2007, where producers pay for collection and recycling, and must incorporate eco-design principles throughout the entire textile lifecycle. The Netherlands and Sweden enacted textile EPR programs in 2022 and 2023, respectively.

NYPSC supported New York bill S6654 / A8078, known as the New York Fashion Act, which would have established an EPR program for textiles in New York State. Had it been enacted, the law would have required fashion brands – the producers – to fund and manage responsibly the collection, reuse, recycling, and safe management of textiles.

Want to be involved with advocacy for textiles EPR in New York State? Take our survey!

Events, Webinars, and Conferences

Rethinking Resource Use: Regional Perspectives, Fall 2024 Conference, October 28-30, 2024, SUNY ESF Gateway Center, Syracuse, NY.
This conference is hosted in collaboration with Syracuse University’s Center for Sustainable Community Solutions and in partnership with the Northeast Recycling Council. Learn more and register.

NYSAR³ 35^th Annual Conference and Trade Show, November 19 – 21, 2024, Cooperstown, NY.
Join NYPSC at this can’t miss annual conference. Learn more and register.

Federation of New York Solid Waste Associations Conference with Trade Show, May 18-21, 2025, The Sagamore, Lake George, NY
Submission of speaker abstracts will start September 27, 2024. Abstracts are due on the first Friday in December. Learn more and register.

2025 U.S. Product Stewardship Forum, June 3-5, 2025, Wheeling, IL
The PSI Forum is the place to go for meaningful content and in-depth conversations on the EPR issues that matter most. Sponsorship and registration information coming soon.

What We’re Reading

• California sued Exxon Mobil, claiming the company misled the public about plastics recycling to justify increasing plastic production. Read more.
• Producers are in the throes of learning about and adapting to packaging EPR laws. Early engagement in bill development and frequent, transparent communication with oversight agencies can help. Read more.
• The Sustainable Packaging podcast with Cory Connors covers the evolution and blossoming of EPR in the U.S. with Product Stewardship Institute founder and CEO Scott Cassel. Available for free on Apple Podcasts and Spotify.
• Momentum is growing for textiles EPR, with ongoing efforts in the EU, Australia, and the U.S. (California and New York). Read more.
• The Ellen McArthur Foundation identifies EPR as an essential part of the solution to textiles waste and pollution. Read more.

Support NYPSC

Extended producer responsibility (EPR) laws in New York State for electronics, thermostats, rechargeable batteries, pharmaceuticals, paint, carpet, and solar panels are saving local governments millions of dollars in waste management costs each year by making producers responsible for the materials they sell.

Consider investing those savings in NYPSC’s work. Become a partner.