E.A. Crunden@eacrunden reports for WasteDive
The New York legislature has passed a ban on most expanded polystyrene (EPS) foam products as part of its FY21 budget package. State lawmakers reached a deal on the budget during overtime negotiations earlier this week, with final passage early Friday morning.
The budget language targets EPS foodware containers and loose fill packaging. Food trucks, restaurants, delis, caterers and both grocery and retail stores are included, while uncooked eggs, meat, and fish are exempted, as is pre-packaged food sealed prior to delivery.
New York will join Maine, Vermont, and Maryland, which all have their own forms of EPS bans in place. The statewide EPS ban will take effect by January 2022, with fines for violations beginning at $250, and rising in increments before hitting $2,000 for a fourth violation. Gov. Andrew Cuomo has touted the ban as a key pillar of his broader environmental agenda.
Some states are pausing or rejecting limitations on plastics due to concerns over COVID-19, making New York’s ban stand out. The new coronavirus has disrupted state legislative efforts during what had been a record season in many areas for bills targeting plastics. Those pieces of legislation had been gaining momentum in several states, with focuses ranging from single-use plastic bags and straws to EPS containers and recycled content requirements.
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Now, New York’s EPS restrictions mark a rare step forward for legislation targeting plastics at a time when other efforts have largely come to a halt. New York City already has an EPS ban in place — following a lengthy legal battle — and the new legislation allows that ban to remain in place.
In addition to New York, Washington state has also opted to go forward with its crackdown on plastics. During a shortened session, the state legislature saw an uptick in legislation focused on plastics, with significant support from environmental groups. Gov. Jay Inslee signed SB 5323 — banning single-use plastic bags — on March 25, with the law set to take effect in 2021. Another bill focused on recycled content minimums, HB 2722, has meanwhile passed both legislative bodies and is waiting for Inslee’s signature.
Those moves run counter to a growing near-term trend in other states. As the coronavirus pandemic has worsened, state governments have grown concerned about contamination risks. Early-stage research on the virus indicates it can live up to three days on plastics in certain conditions, while little is known about its relationship with textiles. But officials have acted swiftly, with a particular emphasis on plastic bags.
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