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AB5743 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2015
        Introduced  by  M.  of  A.  KAVANAGH,  PAULIN, SCHIMEL, TITONE, LUPARDO,
          Multi-Sponsored by -- M. of A. COOK, DINOWITZ, FARRELL, GLICK, HOOPER,
          PERRY,  THIELE  -- read once and referred to the Committee on Environ-
          mental Conservation
        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
    22  rate  consistent with other known compostable materials and (b) leave no
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5743                             2
     1  visible, distinguishable or toxic residue, including no  adverse  impact
     2  on  the  ability  of  composts to support plant growth once the finished
     3  compost is placed in soil.
     4    4.  "Contractors  and  lessees"  mean  any person or entity that has a
     5  contract with an agency or a municipality for public works  or  improve-
     6  ments to be performed, for a franchise, concession or lease of property,
     7  for  grant  monies  or goods and services or supplies to be purchased at
     8  the expense of the agency or municipality or to be paid  out  of  monies
     9  deposited  in  the  treasury or out of trust monies under the control or
    10  collected by the agency or municipality.
    11    5. "Disposable food service ware" means all containers, bowls, plates,
    12  trays, cartons, cups, lids, straws, forks, spoons, knives,  napkins  and
    13  other  items  that  are  designed  for  one-time use for prepared foods,
    14  including without limitation, service  ware  for  takeout  foods  and/or
    15  leftovers  from  partially  consumed meals prepared by food vendors. The
    16  term "disposable food service ware"  does  not  include  items  composed
    17  entirely of aluminum or polystyrene foam coolers and ice chests that are
    18  intended  for  reuse  nor does this term include recyclable food service
    19  ware.
    20    6. "Municipality" means a village,  town,  city,  or  county,  or  any
    21  designated agency thereof.
    22    7.  "Polystyrene  foam"  means  blown  polystyrene  and expanded foams
    23  utilizing a styrene monomer and processed by any number  of  techniques.
    24  Polystyrene  foam  is generally used to make cups, bowls, plates, trays,
    25  clamshell containers, meat trays and egg cartons.
    26    8. "Recyclable" means material that can be sorted, cleansed and recon-
    27  stituted using available recycling collection programs for  the  purpose
    28  of using the altered form in the manufacture of a new product. Recycling
    29  does  not  include burning, incinerating, converting, or otherwise ther-
    30  mally destroying solid waste.
    31  § 27-2803. Required compostable or recyclable  disposable  food  service
    32                 ware.
    33    Agencies,  municipalities, and their contractors and lessees shall use
    34  disposable food service ware made from material, other than  polystyrene
    35  foam,  that  is  compostable or recyclable unless there is no affordable
    36  compostable or recyclable product available.  Nothing  in  this  section
    37  shall  be  construed to govern the activities of contractors and lessees
    38  that occur outside of the state or activities of contractors of  lessees
    39  that occur with entities other than agencies or municipalities.
    40  § 27-2805. Powers of municipalities.
    41    Any  agency or municipality may promulgate regulations, ordinances, or
    42  laws to take any and all reasonable actions necessary to  implement  and
    43  enforce this title.
    44    §  3.  The  department  of  environmental conservation shall conduct a
    45  study on the desirability, feasibility and  environmental  impact  of  a
    46  statewide  prohibition  on  the use of disposable food service ware that
    47  contains polystyrene foam. The department shall issue a report  contain-
    48  ing  the results of the study to the legislature no later than the thir-
    49  ty-first of January next succeeding the date on  which  this  act  shall
    50  have become a law.
    51    §  4.  This act shall take effect immediately; provided, however, that
    52  sections one and two of this act shall take effect on  the  one  hundred
    53  twentieth day after it shall have become a law.
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