A sweeping recycling proposal in New York would require many companies to eliminate plastic wrap from packaging, prompting critics to warn that essential items like diapers and toilet paper could be left vulnerable to damage.

The proposed Packaging Reduction and Recycling Infrastructure Act would mandate that companies earning more than $5 million annually reduce and eventually phase out non-reusable or toxic packaging, replacing it with environmentally friendly alternatives.

Similar packaging laws have already been implemented in several states, including Maryland, Maine, Oregon, Colorado, California, and Minnesota, as well as in certain countries.

Under the proposal, manufacturers would need to cut non-environmentally friendly packaging by 10% within three years and by 30% over a 12-year period.

The legislation would also require companies to ensure that at least 5% of their packaging is reusable or refillable by 2032, increasing to 10% by 2040 and 20% by 2055.

In addition, at least 25% of packaging would need to be recyclable by 2032, rising to 50% by 2040 and 75% by 2055.

“New York State must follow suit to meet the moment for environmental accountability,” said a memo supporting the bill, sponsored by Assemblywoman Deborah Glick and state Sen. Peter Harckham.

“This legislation shifts the onus of recycling and waste hauling for packaging from municipalities and residents and ensures that producers of products are serving our interests by establishing solutions to sustainable packaging,” the memo said.

The measure would impose financial penalties on companies that fail to meet the new standards, with the revenue directed toward recycling programs and infrastructure.

Industry representatives and supermarket groups argue the changes would force a shift from protective plastic to less effective paper packaging, increasing the risk of damaged goods.

“Even with its recent amendments it will eliminate the plastic film packaging that keeps essential products like toilet paper, paper towels, and diapers dry and sanitary,” Dan Felton, president and CEO of the Flexible Packaging Association told the NY Post.

“Without it, retailers and consumers face increased product damage, higher replacement costs, and less reliable shelf availability.

“We agree that we must improve recycling systems and reduce waste, but good public policy will also avoid higher costs and keep critical packaging in place to protect public health,” he said.

Nelson Eusebio of the National Supermarkets Association warned that even modest policy shifts could quickly raise costs for working-class communities.

“For independent supermarkets serving New York City’s working-class and minority communities, even modest shifts in packaging policy can quickly translate into higher costs for families,” he told the Post.

“When changes move forward without scalable, commercially viable alternatives, those costs ripple through the supply chain and affect prices at the register.”

A similar version of the bill cleared the state Senate last year but failed in the Assembly amid opposition from plastics manufacturers.

The legislation comes as Gov. Kathy Hochul negotiates with lawmakers over easing deadlines tied to the state’s 2019 climate law, which aims to transition from fossil fuels to renewable energy sources like solar, wind, and hydro power.

Lawmakers behind the bill said it has undergone significant revisions, with roughly 150 changes, including extended timelines for compliance and adjustments to restrictions on certain materials.

“The underlying challenge has not changed. New York is facing a growing solid waste and pollution crisis, and the Packaging Reduction and Recycling Infrastructure Act is a real solution that must be passed this year,” Glick said.

Harckham said the revised bill reflects input from industry stakeholders.

“We have forged a middle ground with these amendments to our bill, and now we are working to finally gain the necessary legislative and executive approvals that will save New Yorkers millions of dollars each year while helping to protect our environment,” he said.

The measure has gained support from multiple environmental organizations and the state Association of Counties, which argue that excessive plastic waste is overwhelming landfill capacity.

“New Yorkers are drowning in plastic waste, and for too long, taxpayers have been stuck with the bill while multi-billion-dollar companies pump toxic chemicals into our communities,” said Judith Enck, founder of Beyond Plastics and a former regional administrator for the US Environmental Protection Agency.

“These amendments are a major concession to the plastic industry, but the foundation of the bill remains important, necessary and impactful. We cannot afford another year of inaction.”

Business groups, however, maintain that the proposal would still impose heavy burdens on companies and consumers despite the revisions.

“This proposal includes requirements – such as stringent source reduction targets, material restrictions, and limited flexibility – that go well beyond those in EPR laws adopted by other states, most recently Minnesota, Washington, and Maryland,” a joint statement from the Business Council of New York State and the American Institute for Packaging and the Environment said.

“If adopted, this bill would impose significant operational challenges on business and result in significant impacts on consumer costs and product availability.”