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

                                  7905

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2015
                               ___________

Introduced by M. of A. KAVANAGH, ENGLEBRIGHT, JAFFEE, ABINANTI, ROZIC --
  read once and referred 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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "state and local government  food  waste  prevention  and  diversion
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 PREVENTION AND DIVERSION
                                   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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04539-03-5

              

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  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-
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) IT IS LOCATED 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
ESTABLISHMENTS" SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  THE  FOLLOWING
WHICH  ALSO  MEET THE CONDITIONS OF PARAGRAPHS (A), (B), AND (C) OF THIS
SUBDIVISION: FULL-SERVICE RESTAURANTS,  FAST  FOOD  RESTAURANTS,  CAFES,
DELICATESSENS,  COFFEE  SHOPS,  AND  CAFETERIAS,  BUT  SHALL NOT INCLUDE
RETAIL FOOD STORES, CONVENIENCE STORES, PHARMACIES AND MOBILE FOOD VEND-
ING 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.
  9.  "ORGANIC  WASTE" MEANS READILY DEGRADABLE ORGANIC MATERIAL INCLUD-
ING, BUT NOT LIMITED TO, FOOD WASTE, SOILED OR UNRECYCLABLE  PAPER,  AND
YARD  WASTE IN COMBINATION WITH ANY OF THE FORMER MATERIALS. IT DOES NOT
INCLUDE BIOSOLIDS, SLUDGE, OR SEPTAGE.
S 27-2803. REQUIRED STATE AND  MUNICIPAL  FOOD  SERVICE  ORGANICS  WASTE
             MANAGEMENT.
  1. ANY COVERED FOOD SERVICE ESTABLISHMENT SHALL DO THE FOLLOWING:
  (A)  TO  THE  GREATEST  EXTENT PRACTICABLE, MINIMIZE ITS GENERATION OF
EXCESS, UNUSED FOODS IN  ADDITION  TO  FOOD  SCRAPS  AND  ORGANIC  WASTE
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-

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ABLE OR ORGANIC WASTE, BY PROVIDING IT FOR THE  FOLLOWING  PURPOSES,  IN
DESCENDING ORDER OF PRIORITY:
  (I)  FEEDING OR DISTRIBUTING EXCESS, UNUSED, APPARENTLY WHOLESOME FOOD
TO PEOPLE, SUCH AS THE FOOD INSECURE, THROUGH LOCAL VOLUNTARY  COMMUNITY
NOT-FOR-PROFIT  FOOD  ASSISTANCE  OR  SIMILAR  PROGRAMS AS AUTHORIZED BY
STATE AND FEDERAL LAW;
  (II) FEEDING EXCESS, UNUSED FOOD, OR FOOD SCRAPS TO ANIMALS AS FEED AS
AUTHORIZED BY STATE AND FEDERAL LAW;
  (III) COMPOSTING, ANAEROBIC DIGESTION, OR OTHER  PROCESSING  OF  FOOD,
FOOD  WASTE,  OR  ORGANIC  WASTE  TO  GENERATE  SOIL  AMENDMENT OR OTHER
PRODUCTS FOR USE IN AGRICULTURAL, HORTICULTURAL, MANUFACTURING, OR OTHER
APPLICATIONS;
  (C) EFFECTUATE PARAGRAPH (B) OF THIS SUBDIVISION BY DOING THE  FOLLOW-
ING:
  (I)  FOR MANAGEMENT OF EXCESS FOODS OR FOOD SCRAP PURSUANT TO SUBPARA-
GRAPHS (I) AND (II) OF PARAGRAPH (B) OF  THIS  SUBDIVISION,  OTHER  THAN
THOSE  MANAGED  ON-SITE,  TRANSFER,  OR  ARRANGE  FOR  SUCH TRANSFER, TO
LOCATIONS INTENDED FOR THEIR CONSUMPTION OR  FROM  WHICH  THEY  WILL  BE
DISTRIBUTED FOR ULTIMATE CONSUMPTION; AND
  (II)  FOR  MANAGEMENT OF ORGANIC WASTES PURSUANT TO SUBPARAGRAPH (III)
OF PARAGRAPH (B) OF THIS SUBDIVISION, BY TAKING ACTIONS  TO  (A)  SOURCE
SEPARATE  ORGANIC WASTES FROM OTHER WASTE AND SUBSCRIBE TO A BASIC LEVEL
OF RECYCLING SERVICE THAT INCLUDES THEIR COLLECTION AND  RECYCLING;  (B)
RECYCLE  ITS  ORGANIC WASTES ON-SITE OR SELF-HAUL THEM FOR RECYCLING; OR
(C) SUBSCRIBE TO AN ORGANIC WASTE RECYCLING  SERVICE  THAT  MAY  INCLUDE
MIXED WASTE PROCESSING THAT SPECIFICALLY RECYCLES ORGANIC WASTE.
  (D)  PROVIDE  COLLECTION  AND EDUCATIONAL RESOURCES, INCLUDING REGULAR
PERIODICAL GUIDANCE, TRAINING, 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  RECY-
CLING.
  2.  EACH COVERED FOOD SERVICE ESTABLISHMENT MAY PROVIDE TO ITS MUNICI-
PALITY, PLANNING UNIT, OR THE DEPARTMENT, INFORMATION ON ITS  PRACTICES,
INCLUDING  AMOUNTS OF EXCESS FOOD, FOOD SCRAPS, OR ORGANIC WASTE MANAGED
BY VARIOUS METHODS SUCH AS THOSE IMPLEMENTED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, ENTITIES OR RESOURCES UTILIZED FOR REDUCING AND  MANAG-
ING SUCH MATERIALS, OR FINANCING MECHANISMS AND INCENTIVES UTILIZED.
  3.  WAIVERS.  IF  THE COST FOR A COVERED FOOD SERVICE ESTABLISHMENT TO
COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION FOR ANY OR ALL PORTIONS OF EXCESS FOOD, FOOD SCRAPS, OR  ORGANIC
WASTE EXCEEDS FIFTEEN PERCENT OF THE COST OF ITS DISPOSAL BY LANDFILL OR
INCINERATION,  THE  COVERED  FOOD SERVICE ESTABLISHMENT MAY REQUEST FROM
THE COMMISSIONER A WAIVER OF THE REQUIREMENTS FOR THE PORTIONS, BASED ON
DOCUMENTED EFFORTS TO COMPLY. THE COMMISSIONER SHALL REVIEW THE  REQUEST
AND,  IF  VALIDATED,  GRANT  THE  WAIVER FOR A PERIOD OF NO GREATER THAN
TWENTY-FOUR MONTHS.
  4. 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.
  5.  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-

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LISHMENT FOR THE PURPOSE OF CALCULATING THE  AMOUNT  OF  FOOD  WASTE  AS
PROVIDED IN SUBDIVISION FOUR OF SECTION 27-2801 OF THIS TITLE.
  6.  THE  DEPARTMENT  SHALL  PROMOTE  ACTIONS  FOR COVERED FOOD SERVICE
ESTABLISHMENTS TO TAKE PURSUANT TO THE REQUIREMENTS OF  SUBDIVISION  ONE
OF  THIS SECTION, AND FOR ALL ENTITIES AND THE PUBLIC TO TAKE IN EFFORTS
TO MANAGE EXCESS FOOD, FOOD SCRAPS,  AND  ORGANIC  WASTE  IN  A  SIMILAR
MANNER.
  7.  THE  DEPARTMENT  MAY  COLLECT  AND  REPORT  INFORMATION TO PROMOTE
IMPROVED MANAGEMENT OF EXCESS  FOOD,  FOOD  SCRAPS  AND  ORGANIC  WASTE,
INCLUDING INFORMATION ON PRACTICES BY COVERED FOOD ESTABLISHMENTS, OTHER
ENTITIES  AND  THE  PUBLIC, OR LISTS OF ENTITIES AND RESOURCES PROVIDING
ASSISTANCE FOR REDUCING SUCH MATERIALS, FACILITIES ACCEPTING SUCH  MATE-
RIALS,  OR  FINANCING  MECHANISMS  AND INCENTIVES AVAILABLE FOR RECOVERY
PRACTICES AND FACILITIES.
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. THIS TITLE DOES NOT LIMIT
THE AUTHORITY OF A LOCAL GOVERNMENTAL AGENCY TO  ADOPT,  IMPLEMENT,  OR,
ENFORCE  REQUIREMENTS  ON  MANAGEMENT  OF  EXCESS FOOD, FOOD SCRAPS, AND
ORGANIC WASTE THAT ARE MORE STRINGENT OR COMPREHENSIVE THAN THE REQUIRE-
MENTS OF THIS TITLE.
  S 3. Paragraph (c) of subdivision 1 of section 27-0107 of the environ-
mental conservation law, as added by chapter 70 of the laws of 1988,  is
amended to read as follows:
  (c)  Such  plan  shall  take  into account the objectives of the state
solid waste management policy, provide for or take into account  manage-
ment  of all solid waste within the planning unit, and embody, as may be
appropriate to  the  circumstances,  sound  principles  of  solid  waste
management,  natural  resources  conservation,  energy  production,  and
employment creating opportunities, INCLUDING BUT NOT LIMITED TO:
  (I) DESCRIPTION OF EFFORTS OF THE PLANNING UNIT, OR ANY OF THE MUNICI-
PALITIES THEREIN, TO FACILITATE, PARTICIPATE, OR ASSIST IN  THE  MANAGE-
MENT  OF  EXCESS FOOD, FOOD SCRAPS, AND OTHER ORGANIC WASTE IN THE SOLID
WASTE STREAM INCLUDING, BUT NOT  LIMITED  TO,  DESCRIPTION  OF  PROGRAMS
PROVIDING  (A)  ASSISTANCE WITH REDUCING THE AMOUNT OF EXCESS FOOD, FOOD
SCRAPS, AND ORGANIC WASTE GENERATED, (B) EXCESS  FOOD  TO  ENTITIES  FOR
FEEDING  THE  FOOD INSECURE, (C) EXCESS FOOD AND FOOD SCRAPS FOR FEEDING
ANIMALS, AND (D) FOOD AND OTHER ORGANIC WASTE TO  PROCESS  AND  GENERATE
SOIL AMENDMENT OR OTHER PRODUCTS FOR USE IN AGRICULTURAL, HORTICULTURAL,
MANUFACTURING, OR OTHER APPLICATIONS; AND
  (II) ASSESSMENT AND DESCRIPTION OF (A) KNOWN ENTITIES ACCEPTING EXCESS
FOOD  DONATIONS  FOR  THE  PURPOSE  OF PROVIDING NOURISHMENT TO THE FOOD
INSECURE AND ESTIMATED AMOUNTS, ACCORDING TO ANY USEFUL CATEGORIES, SUCH
AS PERISHABLE AND NON-PERISHABLE, THAT ARE AVAILABLE, (B) KNOWN ENTITIES
THAT ACCEPT EXCESS FOOD AND FOOD SCRAPS FOR FEEDING ANIMALS,  AND  ESTI-
MATED  AMOUNTS,  ACCORDING TO AVAILABLE USEFUL CATEGORIES, AND (C) KNOWN
ENTITIES THAT ACCEPT FOOD AND OTHER ORGANIC WASTE TO PROCESS AND  GENER-
ATE  SOIL  AMENDMENT OR OTHER PRODUCTS, AND ESTIMATED AMOUNTS, ACCORDING
TO AVAILABLE USEFUL CATEGORIES.
  S 4. This act shall take effect on the first of  the  month  following
the one hundred eightieth day after it shall have become a law.