Senate Bill S4895

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4895
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2019
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY -- 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
   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 food waste prevention and diversion act".
   § 2. Article 27 of the environmental conservation law  is  amended  by
 adding a new title 28 to read as follows:
                                  TITLE 28
               STATE FOOD WASTE PREVENTION AND DIVERSION ACT
 SECTION 27-2801. DEFINITIONS.
         27-2803. REQUIRED STATE FOOD SERVICE ORGANICS WASTE MANAGEMENT.
         27-2805. POWERS OF AGENCIES.
 § 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  FOR  PUBLIC  WORKS  OR  IMPROVEMENTS  TO  BE
 PERFORMED,  FOR  A FRANCHISE, CONCESSION OR LEASE OF PROPERTY, FOR GRANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10609-01-9

 S. 4895                             2
 
 MONIES OR GOODS AND SERVICES OR SUPPLIES TO BE PURCHASED AT THE  EXPENSE
 OF  THE  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.
   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 OR ANY  CONTRACTOR  OR  LESSEE  OF  AN
 AGENCY;
   (B)  IT  GENERATES, FROM ITS FOOD PREPARATION AND SERVICE, AS AVERAGED
 OVER THE COURSE OF THE PREVIOUS TEN WEEKS:
   (I) IN TWO THOUSAND TWENTY AND TWO THOUSAND TWENTY-ONE, OVER TWO THOU-
 SAND POUNDS OF FOOD WASTE PER WEEK;
   (II) IN TWO THOUSAND TWENTY-TWO AND TWO  THOUSAND  TWENTY-THREE,  OVER
 ONE THOUSAND POUNDS OF FOOD WASTE PER WEEK; AND
   (III)  IN  TWO  THOUSAND TWENTY-FOUR 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 LIMIT-
 ED 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 VENDING UNITS.
   5.  "EXCESS FOOD" MEANS FOOD THAT IS NOT REQUIRED TO MEET THE NEEDS OF
 THE COVERED FOOD SERVICE ESTABLISHMENT.
   6. "ORGANIC" MEANS MATERIALS PRODUCED BY OR FROM LIVING ORGANISMS.
   7. "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.
 § 27-2803. REQUIRED STATE 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-
 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

 S. 4895                             3
 
 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 THE DEPART-
 MENT 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 MANAGING SUCH MATERIALS, OR FINANC-
 ING MECHANISMS AND INCENTIVES UTILIZED.
   3. 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-
 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.
 § 27-2805. POWERS OF AGENCIES.
   ANY  AGENCY  MAY PROMULGATE REGULATIONS TO TAKE ANY AND ALL REASONABLE
 ACTIONS NECESSARY TO IMPLEMENT AND ENFORCE THIS TITLE.

 S. 4895                             4
 
   § 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 A STATE  PLANNING  UNIT  TO  FACILITATE,
 PARTICIPATE,  OR  ASSIST  IN THE MANAGEMENT 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 REDUC-
 ING 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.
   §  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.