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S6419C

An act to amend the Environmental Conservation Law - Extended Producer Responsibility for Mattresses — 2023-06-06 · Calendar #1650

The New York State Senate passed legislation establishing an extended producer responsibility program for mattresses, requiring manufacturers to collect and recycle discarded mattresses at increasing rates over 15 years. The bill (S6419C, Calendar 1650) passed 41-21 on June 6, with Sen. Kavanagh as sponsor. The measure sets a 30% overall recycling rate target by Year 5, increasing to 50% by Year 10 and 75% by Year 15, with separate closed-loop targets requiring 10%, 20%, and 40% of collected materials to be remanufactured into new products at those same intervals. Sen. Walczyk led opposition, raising concerns that the closed-loop requirements could force retailers to stock mattresses labeled as "used" under existing General Business Law, and questioning why the bill doesn't adopt proven models from Connecticut, Rhode Island, California, and Oregon. Sen. Kavanagh defended the approach as modeled on New York's successful carpet recycling program and noted that the 30% target is minimal compared to California's 81% standard. The bill takes effect immediately, but manufacturers have one year to submit compliance plans to the Department of Environmental Conservation, with implementation beginning six months after plan approval. An advisory board including industry, environmental, and consumer representatives must be appointed by January 1, 2024.
PASSED Ayes: 41 · Nays: 21

Debate Summary

Sen. Walczyk questioned the bill's approach to mattress recycling, comparing it to existing programs in Connecticut, Rhode Island, California, and Oregon. He raised concerns about closed-loop recycling targets requiring 10% of collected materials to be remanufactured into new mattresses, which he argued would conflict with General Business Law Section 389-a requiring "used bedding" labels on products containing used materials in whole or in part. Sen. Kavanagh defended the bill as modeled on New York's existing extended producer responsibility programs (particularly the carpet recycling program), arguing it incentivizes efficiency by avoiding fixed consumer fees and that the closed-loop targets are minimal compared to other states' standards. He acknowledged the General Business Law issue would need review before implementation in 2024-2025.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
May aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Mannion nay
Martinez nay Democrat
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Rhoads nay Republican
Rolison nay Republican
Scarcella-Spanton nay Democrat
Stec nay Republican
Walczyk nay Republican
Weik nay Republican