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A00963 Summary:

BILL NOA00963
 
SAME ASSAME AS S00901
 
SPONSORAbinanti
 
COSPNSRColton, Vanel, Fahy, Sayegh, Barron, Rajkumar
 
MLTSPNSR
 
Rpld Art 27 Title 30, amd §27-2201, add §27-2218, En Con L; amd §2, Chap of 2020 (as proposed in S.4176-A & A.4398-A)
 
Relates to supermarkets providing excess edible food to food relief organizations.
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A00963 Actions:

BILL NOA00963
 
01/06/2021referred to environmental conservation
01/12/2021reported referred to codes
01/20/2021reported
01/21/2021advanced to third reading cal.40
02/01/2021substituted by s901
 S00901 AMEND= HARCKHAM
 01/06/2021REFERRED TO RULES
 01/11/2021ORDERED TO THIRD READING CAL.54
 01/25/2021PASSED SENATE
 01/25/2021DELIVERED TO ASSEMBLY
 01/25/2021referred to codes
 02/01/2021substituted for a963
 02/01/2021ordered to third reading cal.40
 02/01/2021passed assembly
 02/01/2021returned to senate
 02/12/2021DELIVERED TO GOVERNOR
 02/16/2021SIGNED CHAP.63
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A00963 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Englebright DATE:01/12/2021AYE/NAY:30/0 Action: Favorable refer to committee Codes
EnglebrightAyeSmullenAye
GlickAyeMillerAye
ColtonAyeTagueAye
CymbrowitzAyeManktelowAye
O'DonnellAyeBrownAye
GuntherAyeDursoAye
ThieleAyeLemondesAye
AbinantiAyeSimpsonAye
FahyAye
OtisAye
WilliamsAye
BarrettAye
CarrollAye
BurkeAye
GriffinAye
EpsteinAye
McMahonAye
BurdickAye
LunsfordAye
KellesAye
Gonzalez-RojasAye
SeptimoAye

CODES Chair:Dinowitz DATE:01/20/2021AYE/NAY:22/0 Action: Favorable
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

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A00963 Floor Votes:

There are no votes for this bill in this legislative session.
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A00963 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           963
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Environmental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          supermarkets providing excess edible food  to  food  relief  organiza-
          tions;  to  amend  a chapter of the laws of 2020 amending the environ-
          mental conservation law relating to  requiring  supermarkets  to  make
          excess  food available to qualifying entities, as proposed in legisla-
          tive bills numbers S. 4176-A and A.4398-A, in relation to  the  effec-
          tiveness  thereof;  to  repeal certain provisions of the environmental
          conservation law relating thereto; and providing  for  the  repeal  of
          certain provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. An estimated fifty  million  Americans,
     2  including  nearly sixteen million children, do not have sufficient food.
     3  An estimated 2.8 million New Yorkers face hunger  and  food  insecurity.
     4  This  legislation  is  designed to increase food donations to food banks
     5  and other providers who feed the needy  while  reducing  food  waste  in
     6  solid waste landfills which create dangerous emissions.
     7    §  2. Title 30 of article 27 of the environmental conservation law, as
     8  added by a chapter of the  laws  of  2020,  amending  the  environmental
     9  conservation  law relating to requiring supermarkets to make excess food
    10  available to qualifying  entities,  as  proposed  in  legislative  bills
    11  numbers S. 4176-A and A. 4398-A, is REPEALED.
    12    §  3. Section 27-2201 of the environmental conservation law is amended
    13  by adding two new subdivisions 9 and 10 to read as follows:
    14    9. "Excess edible food" means edible food that is not sold or used  by
    15  a  designated  food scrap generator and is still safe to be consumed but
    16  is being disposed of by the generator, but shall not include  unpackaged
    17  fresh  meat,  fish  or poultry, food damaged by pests, mold, bacteria or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07193-01-1

        A. 963                              2
 
     1  other contamination, food subject to governmental or producer recall due
     2  to food safety and food returned to a supplier.
     3    10. "Food relief organization" means a religious organization or other
     4  not-for-profit that provides food for free to needy individuals, includ-
     5  ing,  but  not  limited to, a food pantry, food bank, or soup kitchen or
     6  community-based organization that provides food for free to needy  indi-
     7  viduals.
     8    §  4.  The  environmental  conservation law is amended by adding a new
     9  section 27-2218 to read as follows:
    10  § 27-2218. Supermarket excess edible food.
    11    1. For the purpose of this section,  "supermarket"  means  a  physical
    12  retail  store  which  has at the subject location more than ten thousand
    13  square feet devoted to offering food for human consumption for  sale  to
    14  the general public.
    15    2.  Every  supermarket shall from time to time make excess edible food
    16  available to food relief organizations. No supermarket shall be required
    17  to make available a particular quantity or level of excess  edible  food
    18  or to transport or distribute any excess edible food.
    19    3. A supermarket shall be deemed in compliance with this section if it
    20  in  good  faith  arranges  with  a  food  relief  organization  that has
    21  requested in writing to collect excess edible food from the  supermarket
    22  for  the collection of such excess edible food.  The rights, liabilities
    23  or immunity of any party under this section shall be  governed  pursuant
    24  to  the  Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. § 1791
    25  et seq.), as of January seventh, two thousand eleven.
    26    4. A supermarket may impose reasonable restrictions as to the time and
    27  manner of collection by a food relief organization so as not  to  inter-
    28  fere with its business operations.
    29    5.  A supermarket may, in accordance with any applicable laws, dispose
    30  of any excess edible food which is not picked up by a food relief organ-
    31  ization within a reasonable time.
    32    6. Nothing in this section shall be construed to supersede  any  state
    33  or  federal  health laws or regulations regarding the handling of excess
    34  edible food.
    35    7. A supermarket that does not meet the requirements of  this  section
    36  shall not be subject to the penalties specified in title twenty-seven of
    37  article seventy-one of this chapter.
    38    § 5. Section 2 of a chapter of the laws of 2020, amending the environ-
    39  mental  conservation  law  relating  to  requiring  supermarkets to make
    40  excess food available to qualifying entities, as proposed in legislative
    41  bills numbers S. 4176-A and A. 4398-A, is amended to read as follows:
    42    § 2. This act shall take effect [on  the  one  hundred  eightieth  day
    43  after  it  shall have become a law.  Effective immediately the addition,
    44  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    45  implementation  of  this  act on its effective date are authorized to be
    46  made and completed on or before such date] immediately.
    47    § 6. This act shall take effect immediately;  provided,  however  that
    48  sections  one,  two, three and four of this act shall take effect on the
    49  same date and in the same manner as a  chapter  of  the  laws  of  2020,
    50  amending the environmental conservation law relating to requiring super-
    51  markets  to  make  excess  food  available  to  qualifying  entities, as
    52  proposed in legislative bills numbers S.   4176-A and A.  4398-A,  takes
    53  effect,  provided,  further,  that section four of this act shall expire
    54  and be deemed repealed on December 31, 2021.
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