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A 5394

Relates to the effectiveness of the occupancy tax in the village of Briarcliff Manor

2025 Regular Session Introduced by Dana Levenberg

State-funded construction materials must include minimum postconsumer recycled content (10% after 1 year, 15% after 2+ years), with cost-based exemptions.

SUBSTITUTED BY S4895A
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Bill Summary · A 5394

Summary — A5394 (Introduced Version)

Note: the bill header provided lists a different title (occupancy tax in Briarcliff Manor). The full text supplied here is a separate measure that would require minimum postconsumer recycled plastic content in State‑funded construction materials. Confirm the official bill text/jurisdiction before citing or acting on this summary.

Purpose

Require State‑funded construction projects to use plastic construction materials that include minimum percentages of postconsumer recycled content, to stimulate recycling markets and reduce reliance on virgin plastics in public construction.

Key provisions

  • Definitions

    • “Construction material”: item brought to a construction site for incorporation into a project, meeting applicable performance standards.
    • “Plastic construction material”: a construction material composed of greater than 50% plastic (measured by cost).
    • “Postconsumer recycled content”: material that has completed its intended use and been separated from the waste stream for recycling (excludes secondary manufacturing waste/by‑products).
    • “Overall cost”: total project cost (labor, materials, other costs) as calculated under applicable regulations.
    • “State‑funded construction project”: any construction project supported in whole or part by State funds.

  • Recycled content requirements (time‑phased)

    • Requirement takes effect for purchases commencing one year after the act’s effective date.
    • For plastic construction material purchased prior to two years after the effective date: minimum 10% postconsumer recycled content.
    • For plastic construction material purchased two years or more after the effective date: minimum 15% postconsumer recycled content.

  • Exemptions

    • Requirement does not apply if:
    • Using compliant materials would increase the overall project cost by 25% or more; or
    • Compliant plastic construction materials do not exist for the intended application or are not available in sufficient quantity.

  • Implementation

    • The Commissioner of Environmental Protection (per the Administrative Procedure Act) must adopt rules and regulations necessary to implement the act.
    • The act’s text states it “shall take effect immediately,” but the procurement requirement is expressly phased to begin one year after enactment.

Who is affected

  • Governmental entities carrying out State‑funded construction projects (State agencies, counties, municipalities).
  • Suppliers and manufacturers of plastic construction materials (increased demand for products with verified postconsumer recycled content).
  • Contractors and project owners administering procurement for State‑funded projects.
  • Recycling and materials‑processing industries (potential market growth).

Potential impacts and considerations

  • Market: Could increase demand for postconsumer recycled plastics and encourage product reformulation and certification.
  • Costs: May raise procurement costs for some projects; however, a 25% overall cost exemption limits mandatory application where costs rise sharply.
  • Administration: Agencies must develop procurement specifications, verification methods for recycled content, and implementing regulations.
  • Supply: Availability of compliant materials for certain applications may be limited early in implementation, which the bill’s availability exemption addresses.

Legislative status (from supplied record)

  • Introduced: March 6, 2025 (Assembly)
  • Referred: Assembly Housing Committee; later to Ways & Means
  • Reported and ordered to third reading: May 29, 2025
  • Substituted by S4895A: May 29, 2025
  • Sponsor (Assembly): Dana Levenberg
  • Related companion bills: S4895, S3802

If you want, I can produce a side‑by‑side comparison of A5394 and the substituted S4895A (if you provide S4895A text) or draft plain‑language procurement guidance for agencies to implement the recycled‑content requirement.

Compiled from official sources — confirm details with the bill’s official record.

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