senate Bill S3419A

2013-2014 Legislative Session

Relates to food service waste reduction

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Mar 05, 2013 print number 3419a
amend and recommit to environmental conservation
Feb 01, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3419 - Bill Details

See Assembly Version of this Bill:
A4973A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 28 §§27-2801 - 27-2805, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S431, A2097
2009-2010: S2832A, A428A

S3419 - Bill Texts

view summary

Relates to food service waste reduction; prohibits the use of polystyrene foam by contractors and lessees who deal with the state through state and municipal contracts.

view sponsor memo
BILL NUMBER:S3419

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to food service waste reduction

PURPOSE: The purpose of the bill is to discourage the use of disposable
Styrofoam food service ware by any person or entity that has a contract
with an agency or municipality, and to study the feasibility of a Styro-
foam ban in New York State.

SUMMARY OF SPECIFIC PROVISIONS: Requires that any state department,
agency, board, public benefit corporation, public authority, commission,
municipality, and their contractors and lessees use disposable food
service ware made from material other than polystyrene foam, unless
there is no compostable or recyclable alternative available at a price
not more than 15 percent higher.

Requires the Department of Environmental Conservation to conduct a study
on the desirability, feasibility and environmental impact of a statewide
ban on the use of disposable styrofoam food service ware.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill would add
a new title 28 to Article 27 of the Environmental Conservation Law.

JUSTIFICATION: Styrofoam is a liquid hydrocarbon that is commercially
manufactured from petroleum, a quickly disappearing commodity. Each year
Americans throwaway 25,000,000 styrofoam cups, or 1,369 tons of Styro-
foam products every day. A single Styrofoam cup can take up to 500 years
to fully disintegrate.

Styrofoam is a notorious pollutant that is very difficult to recycle due
to its light weight and low scrap value. It is generally not accepted in
curbside programs, is seldom able to be reused, takes up a considerable
amount of space in landfills, and takes a very long time to fully decom-
pose. Due to the physical properties of Styrofoam, the United States
Environmental Protection Agency states "that such materials can have
serious impact on human health, wildlife, and the aquatic environment,"
because the product breaks down and can clog waterways, or to be mistak-
en for food by wildlife.

One of the components of Styrofoam, styrene is a known hazardous
substance which is a suspected carcinogen and neurotoxin. Many people do
not realize that when they re-heat food in a Styrofoam product using a
microwave, toxins may be released into their food.

This bill would address the environmental impacts of Styrofoam while
allowing for exceptions in cases where there is no viable alternative
product of comparable cost.

FISCAL IMPACT ON THE STATE: Minimal.

EFFECTIVE DATE: This act shall take effect immediately provided, howev-
er, that sections one and two of this act shall take effect on the one
hundred twentieth day after it shall have become a law.

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

                                  3419

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced by Sens. KRUEGER, SQUADRON -- 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  food
  service waste reduction

  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 "food service 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
                       FOOD SERVICE WASTE REDUCTION

SECTION 27-2801. DEFINITIONS.
        27-2803. REQUIRED  COMPOSTABLE  OR  RECYCLABLE  DISPOSABLE  FOOD
                   SERVICE WARE.
        27-2805. POWERS OF MUNICIPALITIES.

S 27-2801. DEFINITIONS.
  FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "AFFORDABLE" MEANS PURCHASABLE FOR NOT MORE  THAN  FIFTEEN  PERCENT
MORE  THAN  THE  PURCHASE  COST OF THE NON-COMPOSTABLE OR NON-RECYCLABLE
ALTERNATIVE.
  2.  "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT
CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
  3.  "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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01237-01-3

S. 3419                             2

ON  THE  ABILITY  OF  COMPOSTS TO SUPPORT PLANT GROWTH ONCE THE FINISHED
COMPOST IS PLACED IN SOIL.
  4.  "CONTRACTORS  AND  LESSEES"  MEAN  ANY PERSON OR ENTITY THAT HAS A
CONTRACT WITH AN AGENCY OR A MUNICIPALITY FOR PUBLIC WORKS  OR  IMPROVE-
MENTS TO BE PERFORMED, FOR A FRANCHISE, CONCESSION OR LEASE OF PROPERTY,
FOR  GRANT  MONIES  OR GOODS AND SERVICES OR SUPPLIES TO BE PURCHASED AT
THE EXPENSE OF THE AGENCY OR MUNICIPALITY OR TO BE PAID  OUT  OF  MONIES
DEPOSITED  IN  THE  TREASURY OR OUT OF TRUST MONIES UNDER THE CONTROL OR
COLLECTED BY THE AGENCY OR MUNICIPALITY.
  5. "DISPOSABLE FOOD SERVICE WARE" MEANS ALL CONTAINERS, BOWLS, PLATES,
TRAYS, CARTONS, CUPS, LIDS, STRAWS, FORKS, SPOONS, KNIVES,  NAPKINS  AND
OTHER  ITEMS  THAT  ARE  DESIGNED  FOR  ONE-TIME USE FOR PREPARED FOODS,
INCLUDING WITHOUT LIMITATION, SERVICE  WARE  FOR  TAKEOUT  FOODS  AND/OR
LEFTOVERS  FROM  PARTIALLY  CONSUMED MEALS PREPARED BY FOOD VENDORS. THE
TERM "DISPOSABLE FOOD SERVICE WARE"  DOES  NOT  INCLUDE  ITEMS  COMPOSED
ENTIRELY OF ALUMINUM OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE
INTENDED  FOR  REUSE  NOR DOES THIS TERM INCLUDE RECYCLABLE FOOD SERVICE
WARE.
  6. "MUNICIPALITY" MEANS A VILLAGE,  TOWN,  CITY,  OR  COUNTY,  OR  ANY
DESIGNATED AGENCY THEREOF.
  7. "POLYSTYRENE FOAM" MEANS BLOWN POLYSTYRENE AND EXPANDED AND EXTRUD-
ED  FOAMS (SOMETIMES CALLED STYROFOAM TM) WHICH ARE THERMOPLASTIC PETRO-
CHEMICAL MATERIALS UTILIZING A STYRENE  MONOMER  AND  PROCESSED  BY  ANY
NUMBER  OF  TECHNIQUES  INCLUDING, BUT NOT LIMITED TO, FUSION OF POLYMER
SPHERES (EXPANDABLE BEAD POLYSTYRENE), INJECTION MOLDING, FOAM  MOLDING,
AND  EXTRUSION-BLOWN  MOLDING  (EXTRUDED  FOAM POLYSTYRENE). POLYSTYRENE
FOAM IS GENERALLY USED TO MAKE CUPS,  BOWLS,  PLATES,  TRAYS,  CLAMSHELL
CONTAINERS, MEAT TRAYS AND EGG CARTONS.
  8. "RECYCLABLE" MEANS MATERIAL THAT CAN BE SORTED, CLEANSED AND RECON-
STITUTED  USING  AVAILABLE RECYCLING COLLECTION PROGRAMS FOR THE PURPOSE
OF USING THE ALTERED FORM IN THE MANUFACTURE OF A NEW PRODUCT. RECYCLING
DOES NOT INCLUDE BURNING, INCINERATING, CONVERTING, OR  OTHERWISE  THER-
MALLY DESTROYING SOLID WASTE.
S  27-2803.  REQUIRED  COMPOSTABLE OR RECYCLABLE DISPOSABLE FOOD SERVICE
               WARE.
  AGENCIES, MUNICIPALITIES, AND THEIR CONTRACTORS AND LESSEES SHALL  USE
DISPOSABLE  FOOD SERVICE WARE MADE FROM MATERIAL, OTHER THAN POLYSTYRENE
FOAM, THAT IS COMPOSTABLE OR RECYCLABLE UNLESS THERE  IS  NO  AFFORDABLE
COMPOSTABLE  OR  RECYCLABLE  PRODUCT  AVAILABLE. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES OF CONTRACTORS  AND  LESSEES
THAT  OCCUR OUTSIDE OF THE STATE OR ACTIVITIES OF CONTRACTORS OF LESSEES
THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES OR MUNICIPALITIES.
S 27-2805. POWERS OF MUNICIPALITIES.
  ANY AGENCY OR MUNICIPALITY MAY PROMULGATE REGULATIONS, ORDINANCES,  OR
LAWS  TO  TAKE ANY AND ALL REASONABLE ACTIONS NECESSARY TO IMPLEMENT AND
ENFORCE THIS TITLE.
  S 3. The department of  environmental  conservation  shall  conduct  a
study  on  the  desirability,  feasibility and environmental impact of a
statewide prohibition on the use of disposable food  service  ware  that
contains  polystyrene foam. The department shall issue a report contain-
ing the results of the study to the legislature no later than the  thir-
ty-first  of  January  next  succeeding the date on which this act shall
have become a law.
  S 4. This act shall take effect immediately; provided,  however,  that
sections  one  and  two of this act shall take effect on the one hundred
twentieth day after it shall have become a law.

Co-Sponsors

S3419A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4973A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 28 §§27-2801 - 27-2805, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S431, A2097
2009-2010: S2832A, A428A

S3419A (ACTIVE) - Bill Texts

view summary

Relates to food service waste reduction; prohibits the use of polystyrene foam by contractors and lessees who deal with the state through state and municipal contracts.

view sponsor memo
BILL NUMBER:S3419A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to food service waste reduction

PURPOSE: The purpose of the bill is to discourage the use of
disposable polystyrene foam food service ware by any person or entity
that has a contract with an agency or municipality, and to study the
feasibility of a polystyrene foam ban in New York State.

SUMMARY OF SPECIFIC PROVISIONS: Requires that any state department,
agency, board, public benefit corporation, public authority,
commission, municipality, and their contractors and lessees use
disposable food service ware made from material other than polystyrene
foam, unless there is no compostable or recyclable alternative
available at a price not more than 15 percent higher.

Requires the Department of Environmental Conservation to conduct a
study on the desirability, feasibility and environmental impact of a
statewide ban on the use of disposable polystyrene foam food service
ware.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill would
add a new title 2S to Article 27 of the Environmental Conservation
Law.

JUSTIFICATION: Polystyrene foam is a liquid hydrocarbon that is
commercially manufactured from petroleum, a quickly disappearing
commodity. Each year Americans throwaway 25,000,000 polystyrene foam
cups, or 1,369 tons of polystyrene products every day. A single
polystyrene foam cup can take up to 500 years to fully disintegrate.

Polystyrene foam is a notorious pollutant that is very difficult to
recycle due to its light weight and low scrap value. It is generally
not accepted in curbside programs, is seldom able to be reused, takes
up a considerable amount of space in landfills, and takes a very long
time to fully decompose. Due to the physical properties of polystyrene
foam, the United States Environmental Protection Agency states "that
such materials can have serious impact on human health, wildlife, and
the aquatic environment," because the product breaks and can clog
waterways, or to be mistaken for food by wildlife.

One of the components of polystyrene foam, styrene is a known
hazardous substance which was added to the list of U.S. Health
Departments list of carcinogens in June of 2011. Many people do not
realize that when they reheat food in a polystyrene foam product using
a microwave, toxins may be released into their food.

This bill would address the environmental impacts of Polystyrene foam
while allowing for exceptions in cases where there is no viable
alternative product of comparable cost.

FISCAL IMPACT ON THE STATE: Minimal.


EFFECTIVE DATE: This act shall take effect immediately provided,
however, that sections one and two of this act shall take effect on
the one hundred twentieth day after it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3419--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed,
  and  when  printed  to  be committed to the Committee on Environmental
  Conservation -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "food service 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
                       FOOD SERVICE WASTE REDUCTION

SECTION 27-2801. DEFINITIONS.
        27-2803. REQUIRED  COMPOSTABLE  OR  RECYCLABLE  DISPOSABLE  FOOD
                   SERVICE WARE.
        27-2805. POWERS OF MUNICIPALITIES.

S 27-2801. DEFINITIONS.
  FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "AFFORDABLE"  MEANS  PURCHASABLE FOR NOT MORE THAN FIFTEEN PERCENT
MORE THAN THE PURCHASE COST OF  THE  NON-COMPOSTABLE  OR  NON-RECYCLABLE
ALTERNATIVE.
  2.  "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT
CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
  3.    "COMPOSTABLE"  MEANS ALL THE MATERIALS IN THE PRODUCT OR PACKAGE
WILL (A) UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES  DURING  COMPOSTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01237-02-3

S. 3419--A                          2

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.
  4. "CONTRACTORS AND LESSEES" MEAN ANY PERSON  OR  ENTITY  THAT  HAS  A
CONTRACT  WITH  AN AGENCY OR A MUNICIPALITY FOR PUBLIC WORKS OR IMPROVE-
MENTS TO BE PERFORMED, FOR A FRANCHISE, CONCESSION OR LEASE OF PROPERTY,
FOR GRANT MONIES OR GOODS AND SERVICES OR SUPPLIES TO  BE  PURCHASED  AT
THE  EXPENSE  OF  THE AGENCY OR MUNICIPALITY OR TO BE PAID OUT OF MONIES
DEPOSITED IN THE TREASURY OR OUT OF TRUST MONIES UNDER  THE  CONTROL  OR
COLLECTED BY THE AGENCY OR MUNICIPALITY.
  5. "DISPOSABLE FOOD SERVICE WARE" MEANS ALL CONTAINERS, BOWLS, PLATES,
TRAYS,  CARTONS,  CUPS, LIDS, STRAWS, FORKS, SPOONS, KNIVES, NAPKINS AND
OTHER ITEMS THAT ARE DESIGNED  FOR  ONE-TIME  USE  FOR  PREPARED  FOODS,
INCLUDING  WITHOUT  LIMITATION,  SERVICE  WARE  FOR TAKEOUT FOODS AND/OR
LEFTOVERS FROM PARTIALLY CONSUMED MEALS PREPARED BY  FOOD  VENDORS.  THE
TERM  "DISPOSABLE  FOOD  SERVICE  WARE"  DOES NOT INCLUDE ITEMS COMPOSED
ENTIRELY OF ALUMINUM OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE
INTENDED FOR REUSE NOR DOES THIS TERM INCLUDE  RECYCLABLE  FOOD  SERVICE
WARE.
  6.  "MUNICIPALITY"  MEANS  A  VILLAGE,  TOWN,  CITY, OR COUNTY, OR ANY
DESIGNATED AGENCY THEREOF.
  7. "POLYSTYRENE FOAM"  MEANS  BLOWN  POLYSTYRENE  AND  EXPANDED  FOAMS
UTILIZING  A  STYRENE MONOMER AND PROCESSED BY ANY NUMBER OF TECHNIQUES.
POLYSTYRENE FOAM IS GENERALLY USED TO MAKE CUPS, BOWLS,  PLATES,  TRAYS,
CLAMSHELL CONTAINERS, MEAT TRAYS AND EGG CARTONS.
  8. "RECYCLABLE" MEANS MATERIAL THAT CAN BE SORTED, CLEANSED AND RECON-
STITUTED  USING  AVAILABLE RECYCLING COLLECTION PROGRAMS FOR THE PURPOSE
OF USING THE ALTERED FORM IN THE MANUFACTURE OF A NEW PRODUCT. RECYCLING
DOES NOT INCLUDE BURNING, INCINERATING, CONVERTING, OR  OTHERWISE  THER-
MALLY DESTROYING SOLID WASTE.
S  27-2803.  REQUIRED  COMPOSTABLE OR RECYCLABLE DISPOSABLE FOOD SERVICE
               WARE.
  AGENCIES, MUNICIPALITIES, AND THEIR CONTRACTORS AND LESSEES SHALL  USE
DISPOSABLE  FOOD SERVICE WARE MADE FROM MATERIAL, OTHER THAN POLYSTYRENE
FOAM, THAT IS COMPOSTABLE OR RECYCLABLE UNLESS THERE  IS  NO  AFFORDABLE
COMPOSTABLE  OR  RECYCLABLE  PRODUCT  AVAILABLE. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES OF CONTRACTORS  AND  LESSEES
THAT  OCCUR OUTSIDE OF THE STATE OR ACTIVITIES OF CONTRACTORS OF LESSEES
THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES OR MUNICIPALITIES.
S 27-2805. POWERS OF MUNICIPALITIES.
  ANY AGENCY OR MUNICIPALITY MAY PROMULGATE REGULATIONS, ORDINANCES,  OR
LAWS  TO  TAKE ANY AND ALL REASONABLE ACTIONS NECESSARY TO IMPLEMENT AND
ENFORCE THIS TITLE.
  S 3. The department of  environmental  conservation  shall  conduct  a
study  on  the  desirability,  feasibility and environmental impact of a
statewide prohibition on the use of disposable food  service  ware  that
contains  polystyrene foam. The department shall issue a report contain-
ing the results of the study to the legislature no later than the  thir-
ty-first  of  January  next  succeeding the date on which this act shall
have become a law.
  S 4. This act shall take effect immediately; provided,  however,  that
sections  one  and  two of this act shall take effect on the one hundred
twentieth day after it shall have become a law.

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