N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 353-1.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 353-1.4 - Preemption

(a) Except as provided in subdivisions b and c of this section, the provisions of this Part supersede and preempt all local laws, ordinances, or regulations governing the sale, offer for sale, or distribution of disposable food service containers containing polystyrene foam and polystyrene loose fill packaging.

(b) Any local law, ordinance, or regulation of any county will not be preempted if a county's local law, ordinance or regulation provides environmental protection equal to or greater than the provisions of Title 30 of Article 27 of the Environmental Conservation Law and this Part, and if the county files with the department a written declaration of its intent to administer and enforce the local law, ordinance or regulation.

(1) The following must be submitted to the department with the county's written declaration of its intent to administer and enforce the local law, ordinance or regulation:

(i) a copy of the local law, ordinance, or regulation;

(ii) a statement explaining how the local law, ordinance or regulation provides environmental protection equal to or greater than the provisions of Title 30 of Article 27 of the ECL and this Part; and

(iii) any other information requested by the department.

(2) The county must notify the department if it intends to discontinue administering and enforcing the local law, ordinance, or regulation, or if the local law, ordinance, or regulation has been amended or repealed.

(c) The provisions of Title 30 of Article 27 of the Environmental Conservation Law and this Part do not apply in a city with a population of one million or more that has a local law, ordinance or regulation in place restricting the sale, offer for sale, or distribution of expanded polystyrene containers and polystyrene loose fill packaging polystyrene ban in place, including New York City.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 353-1.4

Adopted New York State Register March 30, 2022/Volume XLIV, Issue 13, eff. 4/14/2022