Polystyrene Ban (A.4603/S.3069) | 2019

May 29th, 2019

AN ACT to amend the environmental conservation law,   in relation to polystyrene waste reduction

A.4603 (Rozic) / S.3069 (Krueger)

MEMORANDUM IN OPPOSITION

Unshackle Upstate, a non-partisan, pro-taxpayer, pro-economic growth, education and advocacy coalition made up of business and trade organizations from all parts of Upstate New York, opposes this legislation that would prohibit the use of polystyrene by businesses that contract with or lease from state agencies, and directs the Department of Environmental Conservation (DEC) to conduct a study on the desirability, feasibility and environmental impact of a statewide ban on the use of disposable Styrofoam food service ware.

Our primary concern is that this legislation would result in the loss of jobs for Upstate employers.  Four companies in the state operate nine facilities that employ more than 1,500 people.  These companies make products used by restaurants, government agencies, groceries, schools, hospitals and many other institutions throughout the state.  Most of these companies are located in Upstate New York and this legislation would severely impact them. At a time when Upstate New York still faces significant economic challenges, we simply cannot afford to enact laws that will destroy good paying, middle class jobs.

A ban on polystyrene would also have significant fiscal impacts on the state, taxpayers and consumers as it would effectively mandate the use of alternatives. Independent price lists show the cost of paper and compostable product alternative to expanded polystyrene foam (cups, trays, and dinnerware) would range from 2-4 times more than expanded polystyrene foam.

The alternatives to polystyrene are not only 2-4 times more expensive, they also are not the environmentally friendly alternative that they are made out to be. A polystyrene cup requires about 50% less energy to produce than a similar plastic-coated paperboard cup with a corrugated cup sleeve. Polystyrene foam products create significantly less solid waste than alternatives, up to five times less weight paperboard or other similar products.

A ban on polystyrene will not lead to the changes the legislation envisions, though it will increase for consumers and cost New York thousands of jobs. Given the significant challenges facing the Upstate economy, we urge lawmakers to better consider the adverse job and cost impacts this measure would have.

For these reasons, Unshackle Upstate opposes the enactment of this legislation.