S T A T E O F N E W Y O R K
________________________________________________________________________
7201
2021-2022 Regular Sessions
I N A S S E M B L Y
April 29, 2021
___________
Introduced by M. of A. EPSTEIN, COLTON -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
requiring state and municipal agencies to purchase compostable single
use tableware
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 32 to read as follows:
TITLE 32
COMPOSTABLE SINGLE USE TABLEWARE
SECTION 27-3201. DEFINITIONS.
27-3203. REQUIRED COMPOSTABLE SINGLE USE TABLEWARE.
§ 27-3201. 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 ALTERNATIVE.
2. "AGENCY" MEANS ANY DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT CORPO-
RATION, PUBLIC AUTHORITY, OR COMMISSION.
3. "COMPOSTABLE" MEANS ALL THE MATERIALS IN THE PRODUCT 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 VISI-
BLE, 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. "MUNICIPAL" MEANS A VILLAGE, TOWN, CITY, OR COUNTY.
5. "SINGLE USE TABLEWARE" MEANS ALL UTENSILS, PLATES, DISHES AND CUPS
THAT ARE DESIGNED FOR ONE-TIME USE.
§ 27-3203. REQUIRED COMPOSTABLE SINGLE USE TABLEWARE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01951-02-1
A. 7201 2
ALL STATE AND MUNICIPAL AGENCIES PURCHASING SINGLE USE TABLEWARE SHALL
PURCHASE SINGLE USE TABLEWARE MADE FROM MATERIAL THAT IS COMPOSTABLE
UNLESS THERE IS NO AFFORDABLE COMPOSTABLE PRODUCT AVAILABLE.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such effective date.