NY State Senate Bill 2021-S9562

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2022	referred to rules

2021-S9562 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2201 & 27-2203, En Con L

2021-S9562 (ACTIVE) - Summary

Expands the food donation and food scraps recycling program by scaling down the annual average tonnage requirement every two years until 2026; removes exceptions regarding recycler capacity.

2021-S9562 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9562

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
expanding the food donation and food scraps recycling program

 
PURPOSE:

Expands the New York State food scraps recycling and food donation
program.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 27-2201 of the environmental
conservation law by adding that a food scraps generator may average:

-two tons or more of food per week between Jan 1, 2022-Dec 31, 2023

-one ton or more of food per week between Jan 1, 2024-Dec 31, 2025

-one half ton or more of food per week starting Jan 1, 2026 and there-
after.

Section 2 updates existing language from "two tons" to "tonnage" to
reflect the expansion.

Section 3 states the effective date.

 
JUSTIFICATION:

In a recent article, the New York Times highlighted how food production
and food waste are major contributors to greenhouse gas emissions. Each
step of food production from growing, harvesting, processing and packag-
ing to transportation and storing releases harmful gasses such as carbon
dioxide, and methane into the air. On average, we wasted about 35-40% of
the food we produce, says Emily Broad Leib, the director of the Harvard
Food Law and Policy Clinic.

This results in food production being to blame for almost 25-33% of
greenhouse gas emissions worldwide- and when that food is wasted, the
emissions that brought it forth are too. 1

Food scraps are often perfectly safe to eat, but end up being thrown out
where they sit in landfills to decompose and release even more methane.

Making excess foods more available to qualifying entities can feed New
York's lower income populations. This expansion will not only help feed
our hungry and address food insecurity, but will prevent additional
costs to food scraps generators and result in less food waste.

As the clock ticks down on climate change repercussions, New York must
be examining our means of sustainability and climate accountability in
all sectors we see fit.

 
LEGISLATIVE HISTORY:

This is a new bill.
 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 https://www.nytimes.com/2022/09/20/climate/food-waste-app.htm

2021-S9562 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9562
 
                             I N  S E N A T E
 
                            September 23, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   expanding the food donation and food scraps recycling program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1  of  section  27-2201  of  the  environmental
 conservation  law, as added by section 2 of part SS of chapter 58 of the
 laws of 2019, is amended to read as follows:
   1. "Designated food scraps generator" means a person who generates  at
 a single location an annual average of two tons per week or more of food
 scraps BETWEEN JANUARY FIRST, TWO THOUSAND TWENTY-TWO AND DECEMBER THIR-
 TY-FIRST,  TWO  THOUSAND  TWENTY-THREE, AN ANNUAL AVERAGE OF ONE TON PER
 WEEK OR MORE OF FOOD SCRAPS BETWEEN JANUARY FIRST, TWO THOUSAND  TWENTY-
 FOUR  AND DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND AN ANNUAL
 AVERAGE OF ONE-HALF TON PER WEEK OR MORE OF FOOD SCRAPS BEGINNING  JANU-
 ARY FIRST, TWO THOUSAND TWENTY-SIX AND THEREAFTER based on a methodology
 established by the department pursuant to regulations, including, super-
 markets, large food service businesses, higher educational institutions,
 hotels,  food  processors, correctional facilities, and sports or enter-
 tainment venues. For a location with multiple independent  food  service
 businesses, such as a mall or college campus, the entity responsible for
 contracting for solid waste hauling services is responsible for managing
 food scraps from the independent businesses.
   § 2. The opening paragraph of paragraph (b) of subdivision 1 and para-
 graph  (a)  of  subdivision  3  of  section 27-2203 of the environmental
 conservation law, as added by section 2 of part SS of chapter 58 of  the
 laws of 2019, are amended to read as follows:
   except  as  provided in paragraph (c) of this subdivision, each desig-
 nated food scraps generator [that is  within  twenty-five  miles  of  an
 organics  recycler,  to  the  extent  that  the recycler has capacity to
 accept all of such generator's food scraps  based  on  the  department's
 yearly  estimate  of  an organic recyclers' capacity pursuant to section
 27-2211 of this title,] shall:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16350-01-2
 S. 9562                             2
 
   (a) the designated food scraps generator does not meet the [two  tons]
 TONNAGE  per  week  threshold  PURSUANT  TO  SUBDIVISION  ONE OF SECTION
 27-2201 OF THIS TITLE;
   § 3. This act shall take effect immediately.

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Senate Bill S9562

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2021-S9562 (ACTIVE) - Details

2021-S9562 (ACTIVE) - Summary

2021-S9562 (ACTIVE) - Sponsor Memo

2021-S9562 (ACTIVE) - Bill Text download pdf

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2021-S9562 (ACTIVE) - Details

2021-S9562 (ACTIVE) - Summary

2021-S9562 (ACTIVE) - Sponsor Memo

2021-S9562 (ACTIVE) - Bill Text download pdf

Comments