S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9959--A

                          I N  A S S E M B L Y

                              June 3, 2014
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Kavanagh,
  Englebright, Jaffee, Abinanti, Rozic) -- read once and referred to the
  Committee on Environmental Conservation -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  reduction of food waste

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "State and local government food waste reduction act".
  S  2.  Article  27 of the environmental conservation law is amended by
adding a new title 28 to read as follows:
                                TITLE 28
           STATE AND LOCAL GOVERNMENT FOOD WASTE REDUCTION ACT
SECTION 27-2801. DEFINITIONS.
        27-2803. REQUIRED STATE  AND  MUNICIPAL  FOOD  SERVICE  ORGANICS
                   WASTE MANAGEMENT.
        27-2805. POWERS OF MUNICIPALITIES.
S 27-2801. DEFINITIONS.
  FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC  BENEFIT
CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
  2.  "COMPOSTABLE"  MEANS  ALL  THE MATERIALS IN THE PRODUCT OR PACKAGE
WILL (A) UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES  DURING  COMPOSTING
TO  YIELD  CARBON  DIOXIDE, WATER, INORGANIC COMPOUNDS, AND BIOMASS AT A
RATE CONSISTENT WITH OTHER KNOWN COMPOSTABLE MATERIALS AND (B) LEAVE  NO
VISIBLE,  DISTINGUISHABLE  OR TOXIC RESIDUE, INCLUDING NO ADVERSE IMPACT
ON THE ABILITY OF COMPOSTS TO SUPPORT PLANT  GROWTH  ONCE  THE  FINISHED
COMPOST IS PLACED IN SOIL.
  3.  "CONTRACTORS"  AND  "LESSEES" MEAN ANY PERSON OR ENTITY THAT HAS A
CONTRACT WITH AN AGENCY, MUNICIPALITY  OR  LOCAL  EDUCATION  AGENCY  FOR
PUBLIC  WORKS  OR IMPROVEMENTS TO BE PERFORMED, FOR A FRANCHISE, CONCES-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15359-03-4

A. 9959--A                          2

SION OR LEASE OF PROPERTY, FOR GRANT MONIES OR  GOODS  AND  SERVICES  OR
SUPPLIES  TO  BE PURCHASED AT THE EXPENSE OF THE AGENCY, MUNICIPALITY OR
LOCAL EDUCATION AGENCY OR TO BE PAID OUT  OF  MONIES  DEPOSITED  IN  THE
TREASURY  OR  OUT  OF TRUST MONIES UNDER THE CONTROL OR COLLECTED BY THE
AGENCY, MUNICIPALITY OR LOCAL EDUCATION AGENCY.
  4.  "COVERED FOOD SERVICE ESTABLISHMENT" MEANS ANY PREMISES OR PART OF
A PREMISES TO WHICH ALL OF THE FOLLOWING APPLY:
  (A) IT IS OPERATED BY AN AGENCY, MUNICIPALITY, LOCAL EDUCATION AGENCY,
OR ANY CONTRACTOR OR LESSEE OF AN AGENCY, MUNICIPALITY, OR LOCAL  EDUCA-
TION AGENCY;
  (B)  IT  GENERATES, FROM ITS FOOD PREPARATION AND SERVICE, AS AVERAGED
OVER THE COURSE OF THE PREVIOUS TEN WEEKS:
  (I) IN TWO THOUSAND SIXTEEN AND TWO THOUSAND SEVENTEEN, OVER TWO THOU-
SAND POUNDS OF FOOD WASTE PER WEEK;
  (II) IN TWO THOUSAND EIGHTEEN AND  TWO  THOUSAND  NINETEEN,  OVER  ONE
THOUSAND POUNDS OF FOOD WASTE PER WEEK; AND
  (III)  IN TWO THOUSAND TWENTY AND THEREAFTER, OVER FIVE HUNDRED POUNDS
OF FOOD WASTE PER WEEK; AND
  (C) WHERE FOOD IS PREPARED AND  PROVIDED  DIRECTLY  TO  THE  CONSUMER,
WHETHER  SUCH  FOOD  IS  PROVIDED  FREE  OF  CHARGE OR SOLD, AND WHETHER
CONSUMPTION OCCURS ON OR OFF THE PREMISES. "COVERED FOOD SERVICE  ESTAB-
LISHMENTS"  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE FOLLOWING WHICH
ALSO MEET THE CONDITIONS OF PARAGRAPHS (A), (B), AND (C) OF THIS  SUBDI-
VISION:  FULL-SERVICE RESTAURANTS, FAST FOOD RESTAURANTS, CAFES, DELICA-
TESSENS, COFFEE SHOPS, AND CAFETERIAS, BUT SHALL NOT INCLUDE RETAIL FOOD
STORES, CONVENIENCE STORES, PHARMACIES, AND MOBILE FOOD VENDING UNITS.
  5. "EXCESS FOOD" MEANS FOOD THAT IS NOT REQUIRED TO MEET THE NEEDS  OF
THE COVERED FOOD SERVICE ESTABLISHMENT.
  6.  "LOCAL EDUCATION AGENCY" MEANS A SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, COMMUNITY COLLEGE, AGRICULTURAL AND  TECHNI-
CAL  COLLEGE,  STATE  UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY AND A
CENTER FOR ADVANCED TECHNOLOGY  DESIGNATED  PURSUANT  TO  SECTION  THREE
THOUSAND  ONE  HUNDRED  TWO-A  OF  THE PUBLIC AUTHORITIES LAW, AND OTHER
POSTSECONDARY PROVIDER OF CAREER EDUCATION AS SET FORTH ANNUALLY BY  THE
COMMISSIONER  AS ELIGIBLE RECIPIENTS UNDER THE FEDERAL VOCATIONAL EDUCA-
TION ACT OF NINETEEN HUNDRED EIGHTY-FOUR.
  7. "MUNICIPALITY" MEANS A VILLAGE,  TOWN,  CITY,  OR  COUNTY,  OR  ANY
DESIGNATED AGENCY THEREOF.
  8. "ORGANIC" MEANS MATERIALS PRODUCED BY OR FROM LIVING ORGANISMS.
S  27-2803.  REQUIRED  STATE  AND  MUNICIPAL FOOD SERVICE ORGANICS WASTE
             MANAGEMENT.
  1. ANY COVERED FOOD SERVICE ESTABLISHMENT SHALL, GIVEN  ALL  NECESSARY
ACTIONS TO PERFORM ITS FUNCTION, DO THE FOLLOWING:
  (A) TAKE ALL AVAILABLE AND PRACTICABLE MEASURES TO MINIMIZE ITS GENER-
ATION  OF  EXCESS, UNUSED FOODS IN ADDITION TO FOOD SCRAPS AND RESIDUALS
INCLUDING, BUT NOT LIMITED TO, FOOD TRIMMINGS AND PACKAGING;
  (B) TO THE GREATEST EXTENT PRACTICABLE, REDUCE THE NEED  FOR  DISPOSAL
OF ITS GENERATED EXCESS, UNUSED FOOD, FOOD SCRAPS AND ANY OTHER COMPOST-
ABLE  OR ORGANIC FRACTION OF ITS RESIDUAL MATERIALS, BY PROVIDING IT FOR
THE FOLLOWING PURPOSES, IN DESCENDING ORDER OF PRIORITY:
  (I) FEEDING OR DISTRIBUTING EXCESS, UNUSED, APPARENTLY WHOLESOME  FOOD
TO  POOR AND DISADVANTAGED PEOPLE SUCH AS THROUGH LOCAL VOLUNTARY COMMU-
NITY NOT-FOR-PROFIT FOOD ASSISTANCE PROGRAMS;
  (II) FEEDING EXCESS, UNUSED FOOD, OR FOOD SCRAPS TO ANIMALS AS FEED;
  (III) COMPOSTING, ANAEROBIC DIGESTION, OR OTHER  PROCESSING  OF  FOOD,
FOOD WASTE, AND OTHER COMPOSTABLE AND ORGANIC MATERIALS TO GENERATE SOIL

A. 9959--A                          3

AMENDMENT  OR  OTHER  PRODUCTS  FOR  USE IN AGRICULTURAL, HORTICULTURAL,
MANUFACTURING, OR OTHER APPLICATIONS;
  (C)  EACH  COVERED FOOD SERVICE ESTABLISHMENT SHALL PROVIDE COLLECTION
AND EDUCATIONAL RESOURCES, INCLUDING REGULAR PERIODICAL GUIDANCE, TRAIN-
ING, UPDATES, SIGNAGE, AND FLYERS, FOR ITS WORKFORCE AND THE PUBLIC  FOR
THE  PURPOSES OF TEACHING AND RETAINING EFFECTIVE PROCEDURES FOR SORTING
MATERIALS FOR ORGANICS AND OTHER RECYCLING.
  2.  THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO  CONTRACTS  IN
EFFECT  ON  THE  EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER, THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL RENEWALS OR EXTENSIONS
OF SUCH CONTRACTS ENTERED INTO ON OR AFTER THE EFFECTIVE  DATE  OF  THIS
SECTION.
  3.  IN  THE EVENT THAT TWO OR MORE COVERED FOOD SERVICE ESTABLISHMENTS
SHARE  A  COMMON  PHYSICAL  FACILITY  AND   SHARE   SERVICES   SUCH   AS
WASTE/RECYCLING  COLLECTION  AND HAULING, DINING AREAS AND/OR RESTROOMS,
ALL FACILITIES SHALL BE CONSIDERED TO BE ONE COVERED FOOD SERVICE ESTAB-
LISHMENT FOR THE PURPOSE OF CALCULATING THE  AMOUNT  OF  FOOD  WASTE  AS
PROVIDED IN SUBDIVISION FOUR OF SECTION 27-2801 OF THIS TITLE.
  4.   NOTHING IN THIS TITLE SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES
OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES
OF CONTRACTORS OR LESSEES THAT OCCUR WITH ENTITIES OTHER THAN  AGENCIES,
MUNICIPALITIES OR LOCAL EDUCATION AGENCIES.
  5.  AN  AGENCY,  MUNICIPALITY, LOCAL EDUCATION AGENCY OR CONTRACTOR OR
LESSEE THEREOF MAKING DONATIONS OF EXCESS FOOD PURSUANT  TO  THIS  TITLE
SHALL BE EXEMPT FROM CIVIL AND CRIMINAL LIABILITY TO THE EXTENT PROVIDED
UNDER SECTION SEVENTY-ONE-Z OF THE AGRICULTURE AND MARKETS LAW.
S 27-2805. POWERS OF MUNICIPALITIES.
  ANY  AGENCY,  MUNICIPALITY  OR  LOCAL  EDUCATION AGENCY MAY PROMULGATE
REGULATIONS, ORDINANCES, OR LAWS TO TAKE ANY AND ALL REASONABLE  ACTIONS
NECESSARY TO IMPLEMENT AND ENFORCE THIS TITLE.
  S 3. This act shall take effect immediately.