NY State Senate Bill S5331

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2023	referred to environmental conservation delivered to assembly passed senate
Apr 19, 2023	advanced to third reading
Apr 18, 2023	2nd report cal.
Apr 17, 2023	1st report cal.613
Mar 02, 2023	referred to environmental conservation

Votes

view votes

Apr 25, 2023 - floor Vote

S5331

floor

Aye

Nay

Absent

Excused

Abstained

Apr 17, 2023 - Environmental Conservation committee Vote

S5331

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5331 (ACTIVE) - Details

See Assembly Version of this Bill:: A5906
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2201 & 27-2203, En Con L
Versions Introduced in 2021-2022 Legislative Session:: S9562

S5331 (ACTIVE) - Summary

Expands the food donation and food scraps recycling program by scaling down the annual average tonnage requirement every two years until 2027; removes exceptions regarding recycler capacity.

S5331 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5331

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:

2021-2022: S9562 Died in Rules
 
FISCAL IMPLICATIONS:

Minimal.

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

S5331 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5331
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee 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

 S. 5331                             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.

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The New York State Senate

senate Bill S5331

Sponsored By

Current Bill Status - Passed Senate

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Actions

Votes

Apr 25, 2023 - floor Vote

Floor Vote: Apr 25, 2023

Apr 17, 2023 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Apr 17, 2023

Co-Sponsors

S5331 (ACTIVE) - Details

S5331 (ACTIVE) - Summary

S5331 (ACTIVE) - Sponsor Memo

S5331 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5331

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Sponsored By

Pete Harckham

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 25, 2023 - floor Vote

Floor Vote: Apr 25, 2023

Apr 17, 2023 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Apr 17, 2023

Co-Sponsors

Samra G. Brouk

Brad Hoylman-Sigal

Rachel May

S5331 (ACTIVE) - Details

S5331 (ACTIVE) - Summary

S5331 (ACTIVE) - Sponsor Memo

S5331 (ACTIVE) - Bill Text download pdf

Comments