S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5906
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 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-THREE AND DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, AN ANNUAL AVERAGE OF ONE TON PER
 WEEK OR MORE OF FOOD SCRAPS BETWEEN JANUARY FIRST, TWO THOUSAND  TWENTY-
 FIVE  AND  DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AND AN ANNUAL
 AVERAGE OF ONE-HALF TON PER WEEK OR MORE OF FOOD SCRAPS BEGINNING  JANU-
 ARY FIRST, TWO THOUSAND TWENTY-SEVEN AND THEREAFTER based on a methodol-
 ogy  established  by  the department pursuant to regulations, including,
 supermarkets, large food service businesses, higher  educational  insti-
 tutions, hotels, food processors, correctional facilities, and sports or
 entertainment  venues.  For  a  location  with multiple independent food
 service businesses, such as a mall or college campus, the entity respon-
 sible 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09935-01-3
              

 A. 5906                             2

 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:
   (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.