Recycling, HEAT Act, bottle bill are key issues as NYS lawmakers near end of session

ALBANY — New York State Democratic lawmakers are eyeing legislation that would reduce plastic packaging, increase recycling and move utilities away from fossil fuels before the legislative session ends in June.

Proposed legislation also includes bills to increase the 5-cent bottle deposit to 10 cents to encourage recycling and to create a rebate for commercial landscapers who switch to electric leaf blowers.

The proposals come as the state looks to reduce its greenhouse gas emissions and increase the use of renewable energy under the 2019 climate law, which sets a goal of getting all electricity from emission-free sources by 2040 and reducing statewide emissions by 85% from 1990 levels by 2050.

But the State Legislature is facing a condensed time period after the state’s $254 billion budget was passed more than a month late. Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) told reporters this month she expects her house to be done on time June 12. Assembly Speaker Carl Heastie (D-Bronx) said he plans to keep his conference until June 17.

The challenge is getting "both houses to align," State Senate Environmental Conservation Committee Chairman Pete Harckham (D-South Salem) told Newsday. "We try and coordinate what we can, but sometimes there are just different institutional views and that’s the nature of the beast."

In most instances, all eyes will be on the Assembly, which has more members and its own top priorities. In the past, the Assembly has at times not been as quick as the Senate to pass some of the more controversial environmental items.

Assemb. Deborah Glick (D-Manhattan), who chairs the Assembly Environmental Conservation committee, told Newsday the Democratic majority has been discussing its priorities and she was encouraged by the additional days, adding, "Now I'm really hopeful."

Environmental advocates have said they wished more was done in the state budget, and many are hoping lawmakers do more to address climate change and strengthen environmental protections.

"It's urgent that we have public policy to drive down greenhouse gas emissions," said Judith Enck, a veteran environmental advocate and former regional Environmental Protection Agency administrator. "On paper New York says it’s committed to reducing greenhouse gas emissions, but there's so much more work to be done."

Business groups say some proposals would make it more costly for businesses to operate in the state and potentially drive up costs for consumers.

"Our concern always is whether they're really thinking through the ramifications. It sounds great. ‘Let’s reduce packaging by 50%,’ or ‘Lets make our emissions zero,’ without thinking through the practicality of doing it and what the costs are," said Ken Pokalsky, vice president of The Business Council of New York State.

Here's what to watch:

Packaging reduction

The Packaging Reduction and Recycling Infrastructure Act, would require New York companies with more than $5 million in net income to reduce their use of plastic packaging by 30% over 12 years. Companies also would be required to increase the recycling and reuse of all packaging materials including plastic, glass, cardboard, paper and metal by 75% by 2052, with a minimum of 25% being reused. The bill would require companies to reduce toxic chemicals in packaging and take over much of the cost of recycling paid by local taxpayers. Companies that fail to comply would face penalties of up to $1,000 per day per violation.

The bill passed the Senate and came close to a vote in the Assembly last year. Bill sponsors Glick and Harckham said it’s a top priority for them this year.

"It’s a huge opportunity for the public to save money and for public health to be protected," said Enck, president of Beyond Plastics, a national project with a focus on reducing plastic pollution.

Business groups and some lawmakers say the goals in the packaging bill are arbitrary and would be costly to businesses and consumers. They instead are supporting a competing bill known as the Affordable Waste Reduction Act, which would create a business-lead packaging reduction program.

There's a better way to partner with companies to reduce packaging, and it "isn't to create a massive infrastructure of regulation and compliance," said Assemb. Matthew Simpson (R-Queensbury), the ranking Republican on the environmental conservation committee. The packaging reduction act, he said, would "dramatically increase the cost of groceries for every New Yorker."

Electric lawn equipment

A bill that would create an electric landscaping equipment rebate program for commercial landscapers and institutions also is being discussed. It aims to help offset the cost and incentivize landscapers to make the switch to battery-powered lawn equipment, including leaf blowers and lawn mowers.

The Senate passed the bill in March and it is in an Assembly committee.

"It’s especially important for commercial landscapers to have some added incentive in what is a tough financial market for them to operate in to begin with," Assemb. Steve Otis (D-Port Chester), the bill’s sponsor, told Newsday.

The measure has the support of environmental advocates, business groups and many businesses, including a few that sell landscaping equipment, such as Home Depot.

The Landscape Contractors Association of Long Island has said the credit may help, but the technology isn’t there to go fully electric.

HEAT Act

The New York Home Energy Affordable Transition Act, known as the HEAT Act, aims to help the state transition away from fossil fuels by removing subsidies and requirements for the expansion of gas infrastructure. It would limit the costs energy companies can pass along to ratepayers. The bill also would eliminate the "100-foot rule," under which companies automatically hook up new buildings to nearby gas lines, but it would allow a customer to pay if they did want a gas hookup. Currently the connection is free to the new customer and the cost is spread among all gas ratepayers.

Harckham said the bill is a priority in the Senate, which passed it last year.

"Every measure of the New York HEAT Act is a cost-savings measure," Liz Moran, New York policy advocate for Earthjustice, told Newsday. The bill would allow utilities to explore alternatives to gas when they are cheaper and would stabilize the rate hikes, which are often associated with the cost of maintenance and expansion of gas infrastructure, she said.

Business groups oppose the bill, saying it’s not needed.

Utilities already are required to submit plans to the Public Service Commission as they move toward electrification, Pokalsky said. "These fixed mandates and deadlines have proven not to be workable," he said, noting that the state already is not meeting its energy goals under the climate plan.

Bottle bill

The "Bigger Better Bottle Bill" would double the deposit on bottles from 5 cents to 10 cents in an effort to increase recycling and help struggling redemption centers. It also would expand the deposit to most containers, other than dairy and 100% juice beverages.

The measure is in committee in both houses. Glick, who sponsors the Assembly bill, said the bill is one of her top priorities. 

"The bottle bill benefits taxpayers. It also benefits the environment. It benefits businesses, because there are businesses that redeem these containers, and it helps charities that use the redeemed containers to fund services for needy people," Blair Horner, executive director of the New York Public Interest Research Group, told Newsday. The bill would encourage bottle recycling and reduce the amount of trash municipalities have to handle, he said.

Business groups have pushed back on the bill for years, citing concerns with increased deposit costs borne by consumers up front, as well as costs to companies that according to the business council include changing their product packaging, paying increased handling fees to redemption centers and purchasing new equipment for what are called "reverse vending machines," where consumers recycle their empty containers for a deposit.

Additionally, some lawmakers have said they’d like to see changes to the current collection system to assist redemption centers and send more dollars to the state’s Environmental Protection Fund.

Editor's note: An earlier version of this story incorrectly said the HEAT Act would limit costs energy companies can pass along to ratepayers for the transition to renewable energy. The act would limit costs related to maintaining and expanding the gas distribution system, but would not have an impact on any costs related to the transition to renewables.