The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9624
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Cities
 
 AN ACT to amend the general city law, in relation to  requiring  that  a
   city  with  a population of one million or more shall provide curbside
   composting collection sites
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  general  city law is amended by adding a new section
 20-h to read as follows:
   § 20-H. CURBSIDE COMPOSTING COLLECTION. 1. FOR  THE  PURPOSE  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COMPOSTABLE  WASTE"  AND  "ORGANIC  WASTE" SHALL MEAN MATERIALS,
 INCLUDING BUT NOT LIMITED TO FOOD SCRAPS, PLANT  TRIMMINGS,  FOOD-SOILED
 PAPER AND CERTIFIED COMPOSTABLE PRODUCTS, THAT WILL:
   (I)  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
   (II)  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.
   (B) "ORGANICS RECYCLER" MEANS A FACILITY, PERMITTED BY THE DEPARTMENT,
 THAT  RECYCLES ORGANIC WASTE THROUGH USE AS ANIMAL FEED OR A FEED INGRE-
 DIENT, RENDERING, LAND APPLICATION, COMPOSTING, AEROBIC DIGESTION, ANAE-
 ROBIC DIGESTION, FERMENTATION, OR ETHANOL PRODUCTION.    ANIMAL  SCRAPS,
 FOOD  SOILED PAPER, AND POST-CONSUMER FOOD SCRAPS ARE PROHIBITED FOR USE
 AS ANIMAL FEED OR AS A FEED INGREDIENT. THE PROPORTION  OF  THE  PRODUCT
 CREATED  FROM  ORGANIC  WASTE  BY  A  COMPOSTING  OR DIGESTION FACILITY,
 INCLUDING A WASTEWATER TREATMENT PLANT THAT OPERATES A DIGESTION FACILI-
 TY, OR OTHER TREATMENT SYSTEM, MUST BE USED IN A BENEFICIAL MANNER AS  A
 SOIL AMENDMENT AND SHALL NOT BE DISPOSED OF OR INCINERATED.
   (C)  "INCINERATOR"  SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
 72-0401 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (D) "LANDFILL" SHALL HAVE THE SAME  MEANING  AS  PROVIDED  IN  SECTION
 72-0401 OF THE ENVIRONMENTAL CONSERVATION LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14782-01-2
 A. 9624                             2
 
   (E)  "TRANSFER  FACILITY"  MEANS  A  SOLID  WASTE MANAGEMENT FACILITY,
 WHETHER OWNED OR OPERATED BY A PRIVATE OR PUBLIC ENTITY,  OTHER  THAN  A
 RECYCLABLES  HANDLING  AND  RECOVERY  FACILITY,  USED OIL FACILITY, OR A
 CONSTRUCTION AND DEMOLITION  DEBRIS  PROCESSING  FACILITY,  WHERE  SOLID
 WASTE  IS  RECEIVED  FOR  THE  PURPOSE OF SUBSEQUENT TRANSFER TO ANOTHER
 SOLID WASTE MANAGEMENT  FACILITY  FOR  PROCESSING,  TREATING,  DISPOSAL,
 RECOVERY, OR FURTHER TRANSFER.
   2.  WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ANY CITY
 WITH A POPULATION OF  ONE  MILLION  OR  MORE  SHALL  ESTABLISH  CURBSIDE
 COMPOSTING COLLECTION SITES IN THE CITY. FOR EVERY FIVE THOUSAND PEOPLE,
 THERE  SHALL  BE AT LEAST ONE CURBSIDE COMPOSTING COLLECTION SITE.  SUCH
 CURBSIDE COMPOSTING COLLECTION SITES SHALL:
   (A) ENCOURAGE RESIDENTS TO SEPARATE COMPOSTABLE WASTE FROM GARBAGE AND
 OTHER RECYCLABLES AND PLACE THE COMPOSTABLE WASTE IN LABELED CONTAINERS;
   (B) CONSISTENT WITH THE BEST WASTE COLLECTION PRACTICES TO AVOID  ODOR
 AND VERMIN, ESTABLISH REQUIREMENTS FOR COMPOSTING CONTAINERS, LABELS AND
 LINER BAGS; AND
   (C) PROVIDE COLLECTION AND EDUCATION RESOURCES FOR THE PUBLIC, INCLUD-
 ING  REGULAR  PERIODICAL GUIDANCE, TRAINING, UPDATES, SIGNAGE AND FLYERS
 FOR THE PURPOSES OF TEACHING  AND  RETAINING  EFFECTIVE  PROCEDURES  FOR
 SORTING MATERIALS FOR ORGANICS AND OTHER RECYCLING.
   3. EACH CITY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL:
   (A) ARRANGE FOR BI-WEEKLY COLLECTION DAYS FOR SUCH CURBSIDE COMPOSTING
 COLLECTION SITES;
   (B)  ARRANGE  FOR COMPOSTABLE WASTE TO BE TRANSPORTED AND/OR PROCESSED
 SEPARATELY FROM GARBAGE AND RECYCLING; AND
   (C) REGULATE ORGANICS RECYCLERS TO ENSURE THAT THEIR ACTIVITIES DO NOT
 IMPAIR WATER QUALITY OR OTHERWISE HARM HUMAN HEALTH AND THE ENVIRONMENT.
   4. (A) ANY WASTE TRANSPORTER THAT COLLECTS  ORGANIC  WASTE  FROM  SUCH
 CURBSIDE COMPOSTING COLLECTION SITES SHALL:
   (I)  DELIVER  ORGANIC  WASTE  TO A TRANSFER FACILITY THAT WILL DELIVER
 SUCH ORGANIC WASTE TO AN ORGANICS RECYCLER; OR
   (II) DELIVER SUCH ORGANIC WASTE DIRECTLY TO AN ORGANICS RECYCLER.
   (B) ANY WASTE TRANSPORTER THAT TRANSPORTS ORGANIC WASTE FROM  A  RESI-
 DENTIAL  FACILITY  SHALL  TAKE ALL REASONABLE PRECAUTIONS TO NOT DELIVER
 THE ORGANIC WASTE TO AN INCINERATOR OR  A  LANDFILL  NOR  COMMINGLE  THE
 MATERIAL  WITH ANY OTHER SOLID WASTE UNLESS SUCH COMMINGLED WASTE CAN BE
 PROCESSED BY AN ORGANICS RECYCLER.
   § 2. This act shall take effect immediately.