S06278 Summary:

BILL NOS06278
 
SAME ASNo Same As
 
SPONSORPARKER
 
COSPNSR
 
MLTSPNSR
 
Add Art 27 Title 28 27-2801 - 27-2805, amd 27-0107, En Con L
 
Relates to prevention and diversion of food waste.
Go to top    

S06278 Actions:

BILL NOS06278
 
01/06/2016REFERRED TO ENVIRONMENTAL CONSERVATION
Go to top

S06278 Committee Votes:

Go to top

S06278 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S06278 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6278
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2016
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prevention and diversion of food waste
 
          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 "state food waste prevention and diversion 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                STATE FOOD WASTE PREVENTION AND DIVERSION ACT
     7  Section 27-2801. Definitions.
     8          27-2803. Required state food service organics waste management.
     9          27-2805. Powers of agencies.
    10  § 27-2801. Definitions.
    11    For the purposes of this title, the following  terms  shall  have  the
    12  following meanings:
    13    1.  "Agency" means any state department, agency, board, public benefit
    14  corporation, public authority, or commission.
    15    2. "Compostable" means all the materials in  the  product  or  package
    16  will  (a)  undergo degradation by biological processes during composting
    17  to yield carbon dioxide, water, inorganic compounds, and  biomass  at  a
    18  rate  consistent with other known compostable materials and (b) leave no
    19  visible, distinguishable or toxic residue, including no  adverse  impact
    20  on  the  ability  of  composts to support plant growth once the finished
    21  compost is placed in soil.
    22    3. "Contractors" and "lessees" mean any person or entity  that  has  a
    23  contract  with  an  agency  for  public  works  or  improvements  to  be
    24  performed, for a franchise, concession or lease of property,  for  grant
    25  monies  or goods and services or supplies to be purchased at the expense
    26  of the agency or to be paid out of monies deposited in the  treasury  or
    27  out of trust monies under the control or collected by the agency.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13292-01-5

        S. 6278                             2
 
     1    4.  "Covered food service establishment" means any premises or part of
     2  a premises to which all of the following apply:
     3    (a)  it  is  operated  by  an agency or any contractor or lessee of an
     4  agency;
     5    (b) it generates, from its food preparation and service,  as  averaged
     6  over the course of the previous ten weeks:
     7    (i) in two thousand sixteen and two thousand seventeen, over two thou-
     8  sand pounds of food waste per week;
     9    (ii)  in  two  thousand  eighteen  and two thousand nineteen, over one
    10  thousand pounds of food waste per week; and
    11    (iii) in two thousand twenty and thereafter, over five hundred  pounds
    12  of food waste per week; and
    13    (c)  it is located where food is prepared and provided directly to the
    14  consumer, whether such food is provided free  of  charge  or  sold,  and
    15  whether consumption occurs or or off the premises.
    16    "Covered food service establishments" shall include, but not be limit-
    17  ed  to,  the following which also meet the conditions of paragraphs (a),
    18  (b), and (c) of this subdivision: full-service  restaurants,  fast  food
    19  restaurants,  cafes,  delicatessens,  coffee  shops, and cafeterias, but
    20  shall not include retail food stores, convenience stores, pharmacies and
    21  mobile food vending units.
    22    5. "Excess food" means food that is not required to meet the needs  of
    23  the covered food service establishment.
    24    6. "Organic" means materials produced by or from living organisms.
    25    7.  "Organic  waste" means readily degradable organic material includ-
    26  ing, but not limited to, food waste, soiled or unrecyclable  paper,  and
    27  yard  waste in combination with any of the former materials. It does not
    28  include biosolids, sludge, or septage.
    29  § 27-2803. Required state food service organics waste management.
    30    1. Any covered food service establishment shall do the following:
    31    (a) To the greatest extent practicable,  minimize  its  generation  of
    32  excess,  unused  foods  in  addition  to  food  scraps and organic waste
    33  including, but not limited to, food trimmings and packaging;
    34    (b) To the greatest extent practicable, reduce the need  for  disposal
    35  of its generated excess, unused food, food scraps and any other compost-
    36  able  or  organic  waste,  by providing it for the following purposes in
    37  descending order of priority:
    38    (i) feeding or distributing excess, unused, apparently wholesome  food
    39  to  people, such as the food insecure, through local voluntary community
    40  not-for-profit food assistance or  similar  programs  as  authorized  by
    41  state and federal law;
    42    (ii) feeding excess, unused food, or food scraps to animals as feed as
    43  authorized by state and federal law;
    44    (iii)  composting,  anaerobic  digestion, or other processing of food,
    45  food waste, or  organic  waste  to  generate  soil  amendment  or  other
    46  products for use in agricultural, horticultural, manufacturing, or other
    47  applications;
    48    (c)  Effectuate paragraph (b) of this subdivision by doing the follow-
    49  ing:
    50    (i) for management of excess foods or food scrap pursuant to  subpara-
    51  graphs  (i)  and  (ii)  of paragraph (b) of this subdivision, other than
    52  those managed on-site,  transfer,  or  arrange  for  such  transfer,  to
    53  locations  intended  for  their  consumption  or from which they will be
    54  distributed for ultimate consumption; and
    55    (ii) for management of organic wastes pursuant to  subparagraph  (iii)
    56  of  paragraph  (b)  of this subdivision, by taking actions to (A) source

        S. 6278                             3
 
     1  separate organic wastes from other waste and subscribe to a basic  level
     2  of  recycling  service that includes their collection and recycling; (B)
     3  recycle its organic wastes on-site or self-haul them for  recycling;  or
     4  (C)  subscribe  to  an  organic waste recycling service that may include
     5  mixed waste processing that specifically recycles organic waste;
     6    (d) provide collection and educational  resources,  including  regular
     7  periodical  guidance,  training,  updates,  signage, and flyers, for its
     8  workforce and the public for the  purposes  of  teaching  and  retaining
     9  effective  procedures for sorting materials for organics and other recy-
    10  cling.
    11    2. Each covered food service establishment may provide to the  depart-
    12  ment  information  on  its  practices, including amounts of excess food,
    13  food scraps, or organic waste managed by various methods such  as  those
    14  implemented  pursuant  to  subdivision  one of this section, entities or
    15  resources utilized for reducing and managing such materials, or  financ-
    16  ing mechanisms and incentives utilized.
    17    3. If the cost for a covered food service establishment to comply with
    18  the requirements of paragraph (c) of subdivision one of this section for
    19  any  or  all  portions  of  excess  food,  food scraps, or organic waste
    20  exceeds fifteen percent of the cost  of  its  disposal  by  landfill  or
    21  incineration,  the  covered  food service establishment may request from
    22  the commissioner a waiver of the requirements for the portions, based on
    23  documented efforts to comply. The commissioner shall review the  request
    24  and,  if  validated,  grant  the  waiver for a period of no greater than
    25  twenty-four months.
    26    4. The provisions of this section shall  not  apply  to  contracts  in
    27  effect  on  the  effective date of this section; provided, however, that
    28  the provisions of this section shall apply to all renewals or extensions
    29  of such contracts entered into on or after the effective  date  of  this
    30  section.
    31    5.  In  the event that two or more covered food service establishments
    32  share  a  common  physical  facility  and   share   services   such   as
    33  waste/recycling  collection  and hauling, dining areas and/or restrooms,
    34  all facilities shall be considered to be one covered food service estab-
    35  lishment for the purpose of calculating the  amount  of  food  waste  as
    36  provided in subdivision four of section 27-2801 of this title.
    37    6.  The  department  shall  promote  actions  for covered food service
    38  establishments to take pursuant to the requirements of  subdivision  one
    39  of  this section, and for all entities and the public to take in efforts
    40  to manage excess food, food scraps,  and  organic  waste  in  a  similar
    41  manner.
    42    7.  The  department  may  collect  and  report  information to promote
    43  improved management of excess  food,  food  scraps  and  organic  waste,
    44  including information on practices by covered food establishments, other
    45  entities  and  the  public, or lists of entities and resources providing
    46  assistance for reducing such materials, facilities accepting such  mate-
    47  rials,  or  financing  mechanisms  and incentives available for recovery
    48  practices and facilities.
    49  § 27-2805. Powers of agencies.
    50    Any agency may promulgate regulations to take any and  all  reasonable
    51  actions necessary to implement and enforce this title.
    52    § 3. Paragraph (c) of subdivision 1 of section 27-0107 of the environ-
    53  mental  conservation law, as added by chapter 70 of the laws of 1988, is
    54  amended to read as follows:
    55    (c) Such plan shall take into account  the  objectives  of  the  state
    56  solid  waste management policy, provide for or take into account manage-

        S. 6278                             4
 
     1  ment of all solid waste within the planning unit, and embody, as may  be
     2  appropriate  to  the  circumstances,  sound  principles  of  solid waste
     3  management,  natural  resources  conservation,  energy  production,  and
     4  employment creating opportunities, including but not limited to:
     5    (i)  description  of  efforts  of a state planning unit to facilitate,
     6  participate, or assist in the management of excess  food,  food  scraps,
     7  and  other  organic  waste  in the solid waste stream including, but not
     8  limited to, description of programs providing (A) assistance with reduc-
     9  ing the amount of excess food, food scraps, and organic waste generated,
    10  (B) excess food to entities for feeding the food  insecure,  (C)  excess
    11  food and food scraps for feeding animals, and (D) food and other organic
    12  waste  to  process and generate soil amendment or other products for use
    13  in agricultural, horticultural, manufacturing,  or  other  applications;
    14  and
    15    (ii) assessment and description of (A) known entities accepting excess
    16  food  donations  for  the  purpose  of providing nourishment to the food
    17  insecure and estimated amounts, according to any useful categories, such
    18  as perishable and non-perishable, that are available, (B) known entities
    19  that accept excess food and food scraps for feeding animals,  and  esti-
    20  mated  amounts  according  to available useful categories, and (C) known
    21  entities that accept food and other organic waste to process and  gener-
    22  ate  soil  amendment or other products, and estimated amounts, according
    23  to available useful categories.
    24    § 4. This act shall take effect on the first of  the  month  following
    25  the one hundred eightieth day after it shall have become a law.
Go to top