Assembly Bill A3249A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3249
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to establishing  compost-
   ing  programs  at  state university of New York and city university of
   New York campuses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 355 of the education law is amended by adding a new
 subdivision 22 to read as follows:
   22.  A. (I) THE STATE UNIVERSITY TRUSTEES SHALL ADOPT A POLICY REQUIR-
 ING THAT EACH INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK SHALL, NOT
 LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, ESTAB-
 LISH A COMPOSTING PROGRAM IN FACILITIES OWNED, OCCUPIED OR  OPERATED  BY
 SUCH INSTITUTION THAT SHALL, AT A MINIMUM:
   (A)  REQUIRE  THAT ALL COMPOSTABLE WASTE, INCLUDING BUT NOT LIMITED TO
 FOOD SCRAPS, PLANT TRIMMINGS, FOOD-SOILED PAPER AND CERTIFIED  COMPOSTA-
 BLE  PRODUCTS FROM GARBAGE AND OTHER RECYCLABLES BE SEPARATED AND PLACED
 IN LABELED CONTAINERS;
   (B) POST AND MAINTAIN SIGNS WITH INSTRUCTIONS ON IDENTIFYING AND SEPA-
 RATING COMPOSTABLE WASTE FROM GARBAGE AND RECYCLABLES;
   (C) ENSURE THAT STUDENTS AND  EMPLOYEES  PLACE  COMPOSTABLE  WASTE  IN
 APPROPRIATELY  LABELED CONTAINERS AND DO NOT MIX SUCH WASTE WITH GARBAGE
 OR RECYCLABLES;
   (D) ENSURE THAT CONTAINERS ARE LATCHED AT THE TIME OF STORAGE OR  SET-
 OUT; AND
   (E)  ARRANGE  FOR COMPOSTABLE WASTE TO BE TRANSPORTED AND/OR PROCESSED
 SEPARATELY FROM GARBAGE AND RECYCLING.
   (II) FOR THE PURPOSES OF CLAUSE (E) OF SUBPARAGRAPH (I) OF THIS  PARA-
 GRAPH,  EACH INSTITUTION MAY ARRANGE FOR COLLECTION OF COMPOSTABLE WASTE
 BY A PRIVATE CARTER, TRANSPORT SUCH WASTE ITSELF OR PROCESS  SUCH  WASTE
 ON-SITE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04748-01-3
              

 A. 3249                             2
 
   B. AS USED IN THIS SUBDIVISION:
   (I)  "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
 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.
   (II)  "FACILITY"  INCLUDES ANY DORMITORY AS DEFINED IN SECTION SIXTEEN
 HUNDRED SEVENTY-SIX OF THE PUBLIC AUTHORITIES LAW AND THE GROUNDS THERE-
 ON, A CAFETERIA, DINING HALL  OR  RESTAURANT  SERVICE  OPERATED  BY  THE
 INSTITUTION OR BY A PRIVATE FOOD SERVICE MANAGEMENT COMPANY, AND FACILI-
 TIES USED FOR MAINTENANCE AND LANDSCAPING SERVICES.
   (III)  "EMPLOYEE",  IN  ADDITION  TO  EVERY MEMBER OF THE PROFESSIONAL
 SERVICE AND NON-PROFESSIONAL SERVICE OF THE STATE UNIVERSITY, AS DEFINED
 IN SECTION THREE HUNDRED FIFTY-FIVE-A OF THIS ARTICLE, MEANS ANY  PERSON
 EMPLOYED  BY  A  THIRD-PARTY  TO RENDER NON-PROFESSIONAL SERVICES TO THE
 UNIVERSITY OR AN INSTITUTION UNDER THE JURISDICTION THEREOF PURSUANT  TO
 A CONTRACT THEREFOR, INCLUDING, BUT NOT LIMITED TO, CAFETERIA OR RESTAU-
 RANT  SERVICES,  LANDSCAPING SERVICES AND MAINTENANCE SERVICES PERFORMED
 AT A FACILITY AND THE SURROUNDING CAMPUS.
   C. BEGINNING ONE YEAR AFTER THE ESTABLISHMENT OF THE PROGRAM  PURSUANT
 TO PARAGRAPH A OF THIS SUBDIVISION, AND ANNUALLY THEREAFTER, EACH INSTI-
 TUTION  SHALL REPORT TO THE TRUSTEES ON SUCH PROGRAM, INCLUDING, BUT NOT
 LIMITED TO (I) THE AMOUNT OF COMPOSTABLE WASTE COLLECTED; AND  (II)  THE
 COSTS ASSOCIATED WITH SUCH PROGRAM.
   D.  BY DECEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND ANNUALLY THEREAFT-
 ER, THE TRUSTEES SHALL POST A REPORT ON  ITS  WEBSITE  DETAILING  AGENCY
 COMPOSTING  PROGRAMS  IN  THE STATE. SUCH REPORT SHALL INCLUDE AN EVALU-
 ATION OF THE EFFECTIVENESS OF SUCH COMPOSTING PROGRAMS, AND  INFORMATION
 ON COSTS AND COLLECTION RATES.
   §  2.  Section  6206  of  the education law is amended by adding a new
 subdivision 22 to read as follows:
   22. A. (I) THE BOARD OF TRUSTEES SHALL ADOPT A POLICY  REQUIRING  THAT
 EACH  INSTITUTION  OF  THE  CITY UNIVERSITY OF NEW YORK SHALL, NOT LATER
 THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, ESTABLISH  A
 COMPOSTING  PROGRAM  IN  FACILITIES  OWNED, OCCUPIED OR OPERATED BY SUCH
 INSTITUTION THAT SHALL, AT A MINIMUM:
   (A) REQUIRE THAT ALL COMPOSTABLE WASTE INCLUDING BUT  NOT  LIMITED  TO
 FOOD  SCRAPS, PLANT TRIMMINGS, FOOD-SOILED PAPER AND CERTIFIED COMPOSTA-
 BLE PRODUCTS FROM GARBAGE AND OTHER RECYCLABLES BE SEPARATED AND  PLACED
 IN LABELED CONTAINERS;
   (B) POST AND MAINTAIN SIGNS WITH INSTRUCTIONS ON IDENTIFYING AND SEPA-
 RATING COMPOSTABLE WASTE FROM GARBAGE AND RECYCLABLES;
   (C)  ENSURE  THAT  STUDENTS  AND  EMPLOYEES PLACE COMPOSTABLE WASTE IN
 APPROPRIATELY LABELED CONTAINERS AND DO NOT MIX SUCH WASTE WITH  GARBAGE
 OR RECYCLABLES;
   (D)  ENSURE THAT CONTAINERS ARE LATCHED AT THE TIME OF STORAGE OR SET-
 OUT; AND
   (E) ARRANGE FOR COMPOSTABLE WASTE TO BE TRANSPORTED  AND/OR  PROCESSED
 SEPARATELY FROM GARBAGE AND RECYCLING.
   (II)  FOR THE PURPOSES OF CLAUSE (E) OF SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, EACH INSTITUTION MAY ARRANGE FOR COLLECTION OF COMPOSTABLE  WASTE
 BY  A  PRIVATE CARTER, TRANSPORT SUCH WASTE ITSELF OR PROCESS SUCH WASTE
 ON-SITE.
   B. AS USED IN THIS SUBDIVISION:
 A. 3249                             3
 
   (I) "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
 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.
   (II)  "FACILITY"  INCLUDES ANY DORMITORY AS DEFINED IN SECTION SIXTEEN
 HUNDRED SEVENTY-SIX OF THE PUBLIC AUTHORITIES LAW AND THE GROUNDS THERE-
 ON, A CAFETERIA, DINING HALL  OR  RESTAURANT  SERVICE  OPERATED  BY  THE
 INSTITUTION OR BY A PRIVATE FOOD SERVICE MANAGEMENT COMPANY, AND FACILI-
 TIES USED FOR MAINTENANCE AND LANDSCAPING SERVICES.
   (III)  "EMPLOYEE",  IN  ADDITION TO ALL INSTRUCTIONAL AND NON-INSTRUC-
 TIONAL STAFF MEMBERS, MEANS ANY PERSON  EMPLOYED  BY  A  THIRD-PARTY  TO
 RENDER  NON-PROFESSIONAL  SERVICES TO THE CITY UNIVERSITY OF NEW YORK OR
 AN INSTITUTION UNDER THE JURISDICTION THEREOF  PURSUANT  TO  A  CONTRACT
 THEREFOR,  INCLUDING,  BUT  NOT  LIMITED  TO,  CAFETERIA  OR  RESTAURANT
 SERVICES, LANDSCAPING SERVICES AND MAINTENANCE SERVICES PERFORMED  AT  A
 FACILITY AND THE GROUNDS THEREON.
   C.  BEGINNING ONE YEAR AFTER THE ESTABLISHMENT OF THE PROGRAM PURSUANT
 TO PARAGRAPH A OF THIS SUBDIVISION, AND ANNUALLY THEREAFTER, EACH INSTI-
 TUTION SHALL REPORT TO THE TRUSTEES ON SUCH PROGRAM, INCLUDING, BUT  NOT
 LIMITED  TO  (I) THE AMOUNT OF COMPOSTABLE WASTE COLLECTED; AND (II) THE
 COSTS ASSOCIATED WITH SUCH PROGRAM.
   D. BY DECEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND ANNUALLY  THEREAFT-
 ER,  THE  TRUSTEES  SHALL  POST A REPORT ON ITS WEBSITE DETAILING AGENCY
 COMPOSTING PROGRAMS IN THE STATE. SUCH REPORT SHALL  INCLUDE  AN  EVALU-
 ATION  OF THE EFFECTIVENESS OF SUCH COMPOSTING PROGRAMS, AND INFORMATION
 ON COSTS AND COLLECTION RATES.
   § 3. This act shall take effect immediately.