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The last few days of a session can be the most important, as conference committees and substitute amendments can quickly change an amendment just before passage.
Why this matters: Bills and regulations targeting metals theft, packaging, product stewardship, and other commodities and issues can directly change how your business operates. You can keep track of these and other bills targeting the industry on ISRI's State Resources and Tracking Pages.
Materials Theft
While most states have been shying away from massive rewrites of their metals theft laws in recent years, several states are considering amendments that could greatly impact purchases of ferrous and nonferrous scrap:
Passed to Date
Pending Legislation of Concern
Auxiliary Containers
New York is now the second state to enact a statewide plastic bag ban with the passage of NY AB 2008. Part H of the budget bill includes a ban on all non-exempt "plastic carryout bags" and authorizes local governments to adopt a $0.05 fee on paper bags, effective March 1, 2020; the New York City Council has already approved the paper bag fee.
California also has a statewide ban on plastic bags, while Hawaii's County Council’s bans all plastic bags. State preemptions of local restrictions are still more common, but paper and all plastic bag restrictions have been gaining traction in conjunction with media coverage focusing on ocean plastics and disposable or single-use items.
ISRI is currently tracking 149 auxiliary container bills; most of these have not gained traction, but there are a few that could be galvanized by New York's action:
Synthetic Turf
After relative quiet in the opening weeks of 2019, bills banning or restricting synthetic turf and recycled rubber infill returned in Connecticut, New York, and Maryland. ReMA members have testified against bills in Connecticut and Maryland and are watching for movement on competing measures in New York, but compared to previous sessions, the appetite to push legislation that conflicts with the findings of existing, peer-reviewed scientific studies appears to be waning.
While 6 bills in 3 states is an improvement over previous years, these all still represent threats to the environmental and economic benefits of tire recycling. These bills are based on claims that are not supported by the available scientific findings.
Extended Producer Responsibility (EPR)
As with auxiliary container legislation, recent media focus on plastics have given new life to bills targeting packaging and printed materials for an extended producer responsibility (EPR) model program. Washington legislators showed particular interest in EPR this year, passing a study bill that will require a legislative report on the pros and cons of EPR programs. While measures in other states have not shown as much traction, recyclers need to be on the lookout for legislation that would place manufacturers in control of the flow and management of recyclable materials.
Bottom line: ReMA members need to be involved with their policymakers on the federal, state, and local levels to ensure the industry can continue to operate without excessive statutory and regulatory burdens.
SPAN