Key Changes to SB 1464-A: New York’s Packaging Reduction and Recycling Infrastructure Act (April 2026 Amendments)
By O'Donnell & Associates
SB 1464-A (Senator Harckham) / AB 1749-A (Assembly Member Glick), the Packaging Reduction and Recycling Infrastructure Act, was amended on April 27, 2026. Below is a summary of the key changes from the original bill to the amended version.
§ 27-3403 — Nonprofit Selection
The original text gave the department 9 months to select a nonprofit to serve as the recycling and packaging reduction organization overseeing the program. The amended bill removes this time limit entirely.
§ 27-3407 — Plan Submission and Implementation Deadlines
| Requirement | Original | Amended |
|---|---|---|
| Nonprofit plan submission deadline | 2 years | 30 months |
| Producer plan implementation deadline | 6 months | 1 year |
§ 27-3411 — Advisory Council
The amended bill expands the advisory council from 17 to 19 members, adding two new seats for a municipality representative and a manufacturing trade association representative. Legislative appointments from both Assembly and Senate majority leadership are each increased from 3 to 4.
§ 27-3413 — Eco-Modulation
Under the original bill, eco-modulation began immediately upon the first fee payment. The amended bill delays the start of eco-modulation to 2 years after the first fee is paid.
§ 27-3427 (Previously § 27-3425) — Banned Chemicals in Packaging
Five chemicals were removed from the original ban list: halogenated flame retardants, perchlorate, UV 328, polycarbonate, and TMBPF. The following substances remain banned under the amended version:
- Ortho-phthalates
- Bisphenols
- Per- and polyfluoroalkyl substances (PFAS)
- Heavy metals and compounds, including lead, hexavalent chromium, cadmium, and mercury
- Benzophenone and its derivatives
- Formaldehyde
- Toluene
- Antimony and compounds
- Polyvinyl chloride, including polyvinylidene chloride
- Polystyrene
The timeline for the ban on listed chemicals in packaging is extended from five years (original) to seven years (amended). The amended bill also entirely removes the Toxic Packaging Task Force described in the original and eliminates the DEC's authority to add chemicals to the ban list in the future.
§ 27-3433 (Previously § 27-343) — Recycling Rate Standards
| Packaging Type | Standard | Original Deadline | Amended Deadline |
|---|---|---|---|
| Non-plastic | 35% recycled or reused | January 1, 2030 | January 1, 2032 |
| Non-plastic | 50% recycled or reused | January 1, 2037 | January 1, 2040 |
| Non-plastic | 75% recycled or reused | January 1, 2052 | January 1, 2055 |
| Plastic | 25% recycled or reused | January 1, 2030 | January 1, 2032 |
| Plastic | 50% recycled or reused | January 1, 2037 | January 1, 2040 |
| Plastic | 75% recycled or reused | January 1, 2052 | January 1, 2055 |
Note: The original bill also included separate minimum reuse rates for non-plastic packaging (5% by 2030, 10% by 2037, 25% by 2052). These reuse minimums do not appear in the amended bill.
§ 27-3435 / § 27-3433 (Original) — Enforcement
The original bill created a recycling inspector general to handle enforcement. The amended bill eliminates this office and transfers enforcement authority to the DEC and the New York Attorney General.
Frequently Asked Questions about SB 1464-A amendments
What changed in the nonprofit selection process under the amended SB 1464-A?
Under the original bill, the department had 9 months to select a nonprofit to serve as the recycling and packaging reduction organization. The amended version removes this time limit entirely.
What are the new deadlines for the nonprofit's plan submission and producer implementation?
The nonprofit's plan submission deadline was extended from 2 years to 30 months. Producers must implement the plan within 1 year, up from the original 6-month requirement.
How was the advisory council changed in SB 1464-A?
The council expanded from 17 to 19 members, adding seats for a municipality representative and a manufacturing trade association representative. Assembly and Senate majority leadership appointments each increased from 3 to 4.
When does eco-modulation begin under SB 1464-A as amended?
Eco-modulation begins 2 years after the first fee is paid, rather than immediately as originally required.
Which chemicals were removed from the banned substances list in SB 1464-A?
Five chemicals were removed: halogenated flame retardants, perchlorate, UV 328, polycarbonate, and TMBPF.
What chemicals are still banned in packaging under SB 1464-A?
The amended bill bans: ortho-phthalates, bisphenols, PFAS, heavy metals (including lead, hexavalent chromium, cadmium, and mercury), benzophenone and derivatives, formaldehyde, toluene, antimony and compounds, polyvinyl chloride (including polyvinylidene chloride), and polystyrene.
What is the new timeline for banning chemicals in packaging?
The ban timeline was extended from five years (original bill) to seven years in the amended version.
Was the Toxic Packaging Task Force retained in the amended SB 1464-A?
No. The amended bill entirely removes the Toxic Packaging Task Force. It also removes the DEC's authority to add chemicals to the ban list in the future.
What are the recycling rate deadlines under the amended SB 1464-A?
Non-plastic packaging: 35% by January 1, 2032; 50% by January 1, 2040; 75% by January 1, 2055. Plastic packaging: 25% by January 1, 2032; 50% by January 1, 2040; 75% by January 1, 2055. All deadlines were pushed back by approximately two to three years from the original bill.
How has enforcement changed under the amended SB 1464-A?
The original bill created a recycling inspector general. The amended bill eliminates this office and gives enforcement authority to the DEC and the New York Attorney General.