A04973 Summary:

SPONSORKavanagh (MS)
COSPNSRMillman, Paulin, Schimel, Titone, Lupardo, Colton, Englebright, Galef, Rosenthal, Otis, Abinanti, Rozic
MLTSPNSRCook, Dinowitz, Farrell, Glick, Hooper, Perry, Sweeney, Thiele
Add Art 27 Title 28 SS27-2801 - 27-2805, En Con L
Relates to food service waste reduction; prohibits the use of polystyrene foam by contractors and lessees who deal with the state through state and municipal contracts.
Go to top    

A04973 Actions:

02/13/2013referred to environmental conservation
03/07/2013amend and recommit to environmental conservation
03/07/2013print number 4973a
04/16/2013reported referred to ways and means
04/18/2013advanced to third reading cal.153
04/23/2013passed assembly
04/23/2013delivered to senate
01/08/2014DIED IN SENATE
01/08/2014ordered to third reading cal.220
05/05/2014passed assembly
05/05/2014delivered to senate
Go to top

A04973 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 2013
        Introduced  by  M.  of  A.  KAVANAGH,  MILLMAN, PAULIN, SCHIMEL, TITONE,
          LUPARDO, COLTON, ENGLEBRIGHT, GALEF, ROSENTHAL --  Multi-Sponsored  by
          once  and  referred  to the Committee on Environmental Conservation --
          committee discharged, bill amended, ordered reprinted as  amended  and

          recommitted to said committee
        AN  ACT to amend the environmental conservation law, in relation to food
          service waste reduction
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "food service waste reduction act".
     3    § 2. Article 27 of the environmental conservation law  is  amended  by
     4  adding a new title 28 to read as follows:
     5                                  TITLE 28
     6                         FOOD SERVICE WASTE REDUCTION
     7  Section 27-2801. Definitions.
     8          27-2803. Required  compostable  or  recyclable  disposable  food
     9                     service ware.
    10          27-2805. Powers of municipalities.

    11  § 27-2801. Definitions.
    12    For the purposes of this title, the following  terms  shall  have  the
    13  following meanings:
    14    1.  "Affordable"  means  purchasable for not more than fifteen percent
    15  more than the purchase cost of  the  non-compostable  or  non-recyclable
    16  alternative.
    17    2.  "Agency" means any state department, agency, board, public benefit
    18  corporation, public authority, or commission.
    19    3.    "Compostable"  means all the materials in the product or package
    20  will (a) undergo degradation by biological processes  during  composting
    21  to  yield  carbon  dioxide, water, inorganic compounds, and biomass at a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.

        A. 4973--A                          2
     1  rate consistent with other known compostable materials and (b) leave  no
     2  visible,  distinguishable  or toxic residue, including no adverse impact
     3  on the ability of composts to support plant  growth  once  the  finished
     4  compost is placed in soil.
     5    4.  "Contractors  and  lessees"  mean  any person or entity that has a
     6  contract with an agency or a municipality for public works  or  improve-
     7  ments to be performed, for a franchise, concession or lease of property,
     8  for  grant  monies  or goods and services or supplies to be purchased at

     9  the expense of the agency or municipality or to be paid  out  of  monies
    10  deposited  in  the  treasury or out of trust monies under the control or
    11  collected by the agency or municipality.
    12    5. "Disposable food service ware" means all containers, bowls, plates,
    13  trays, cartons, cups, lids, straws, forks, spoons, knives,  napkins  and
    14  other  items  that  are  designed  for  one-time use for prepared foods,
    15  including without limitation, service  ware  for  takeout  foods  and/or
    16  leftovers  from  partially  consumed meals prepared by food vendors. The
    17  term "disposable food service ware"  does  not  include  items  composed
    18  entirely of aluminum or polystyrene foam coolers and ice chests that are

    19  intended  for  reuse  nor does this term include recyclable food service
    20  ware.
    21    6. "Municipality" means a village,  town,  city,  or  county,  or  any
    22  designated agency thereof.
    23    7.  "Polystyrene  foam"  means  blown  polystyrene  and expanded foams
    24  utilizing a styrene monomer and processed by any number  of  techniques.
    25  Polystyrene  foam  is generally used to make cups, bowls, plates, trays,
    26  clamshell containers, meat trays and egg cartons.
    27    8. "Recyclable" means material that can be sorted, cleansed and recon-
    28  stituted using available recycling collection programs for  the  purpose
    29  of using the altered form in the manufacture of a new product. Recycling

    30  does  not  include burning, incinerating, converting, or otherwise ther-
    31  mally destroying solid waste.
    32  § 27-2803. Required compostable or recyclable  disposable  food  service
    33                 ware.
    34    Agencies,  municipalities, and their contractors and lessees shall use
    35  disposable food service ware made from material, other than  polystyrene
    36  foam,  that  is  compostable or recyclable unless there is no affordable
    37  compostable or recyclable product available.  Nothing  in  this  section
    38  shall  be  construed to govern the activities of contractors and lessees
    39  that occur outside of the state or activities of contractors of  lessees
    40  that occur with entities other than agencies or municipalities.

    41  § 27-2805. Powers of municipalities.
    42    Any  agency or municipality may promulgate regulations, ordinances, or
    43  laws to take any and all reasonable actions necessary to  implement  and
    44  enforce this title.
    45    §  3.  The  department  of  environmental conservation shall conduct a
    46  study on the desirability, feasibility and  environmental  impact  of  a
    47  statewide  prohibition  on  the use of disposable food service ware that
    48  contains polystyrene foam. The department shall issue a report  contain-
    49  ing  the results of the study to the legislature no later than the thir-
    50  ty-first of January next succeeding the date on  which  this  act  shall
    51  have become a law.
    52    §  4.  This act shall take effect immediately; provided, however, that
    53  sections one and two of this act shall take effect on  the  one  hundred

    54  twentieth day after it shall have become a law.
Go to top