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New York State Legislature Fails Again to Pass Extended Producer Responsibility Legislation

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Influenced by laws in existence in multiple states, including California, Colorado, Maine, Maryland, Minnesota, New Jersey, Oregon, and Washington, the New York State Legislature has examined in recent years extended producer responsibility (EPR) legislation intended to hold producers accountable for managing their packaging at the end of life. 

The Packaging Reduction and Recycling Infrastructure Act (PRRIA), aka A1749, was proposed to create an EPR program for packaging.

PRRIA would:

  • Reduce plastic packaging by 30 percent incrementally over 12 years.
  • Require that by 2052 all packaging — including plastic, glass, cardboard, paper, and metal — meet a 75-percent recycling rate (with incremental benchmarks until then).
  • Prohibit 17 chemicals and materials considered harmful, including PFAS, polyvinyl chloride (PVC), lead, and mercury.
  • Prohibit what is known as chemical recycling from being considered recycling.
  • Establish a packaging fee paid by product producers, with revenue going to local taxpayers.
  • Specifically require large companies who earn more than $5 million to pay fees to support packaging waste reduction.
  • Establish a new Office of Inspector General to ensure that businesses comply with the law.

The PRRIA passed the NY State Senate in 2024 and again in 2025 but failed to pass through both chambers by the end of New York State’s 2025 legislative session.

Proponents of the PRRIA claim the burden of this environmental concern falls disproportionately on municipalities and taxpayers. They additionally claim that the cost of managing the fast-accumulating waste is where the real financial burden lies. Seventy-three percent of New York residents responding to a 2025 Siena College poll responded favorably to imposing responsibility on companies, particularly high-earning businesses, to reduce their products’ packaging.

Opponents of the PRRIA argue that the proposed law is bad for business and would impose an undue regulatory and financial burden on producers to eliminate certain packaging that could increase grocery prices and other consumer costs.

Proponents of the PRRIA indicate they will keep advocating for legislative change.

Notably, some states are reconsidering their EPR legislation. For example, in California where the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) became law several years ago and sets targets for recycling rates around compostability and recyclability, Gov. Gavin Newsom has noted concerns about the costs to businesses and consumers and has directed the California Legislature to revise the legislation.

The New York and California experience indicate that EPR legislation remains a work-in-progress from coast-to-coast.