S T A T E O F N E W Y O R K
________________________________________________________________________
2379
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. EPSTEIN, KELLES, RAGA, CUNNINGHAM, LEVENBERG,
GIBBS, REYES -- Multi-Sponsored by -- M. of A. SIMON -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing state and municipal composting programs
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 34 to read as follows:
TITLE 34
STATE AND MUNICIPAL COMPOSTING PROGRAMS
SECTION 27-3401. STATE AND MUNICIPAL COMPOSTING PROGRAMS.
§ 27-3401. STATE AND MUNICIPAL COMPOSTING PROGRAMS.
1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "AGENCY" MEANS ANY DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT
CORPORATION, PUBLIC AUTHORITY, OR COMMISSION;
(B) "COMPOSTABLE" MEANS ALL THE MATERIALS IN THE PRODUCT WILL (I)
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 (II) 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; AND
(C) "MUNICIPAL" MEANS A VILLAGE, TOWN, CITY, OR COUNTY.
2. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL
STATE AND MUNICIPAL AGENCIES SHALL ESTABLISH A COMPOSTING PROGRAM IN
BUILDINGS OWNED, OCCUPIED OR OPERATED BY SUCH AGENCIES 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04338-01-5
A. 2379 2
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 AGENCY EMPLOYEES PLACE COMPOSTABLE WASTE IN APPROPRIATELY
LABELED CONTAINERS AND DO NOT MIX SUCH WASTE WITH GARBAGE OR RECYCLA-
BLES;
(D) ENSURE 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.
3. EACH STATE AND MUNICIPAL AGENCY MAY ARRANGE FOR COLLECTION OF
COMPOSTABLE WASTE BY A PRIVATE CARTER, TRANSPORT SUCH WASTE ITSELF OR
PROCESS SUCH WASTE ON-SITE.
4. BEGINNING ONE YEAR AFTER THE ESTABLISHMENT OF THE PROGRAM PURSUANT
TO SUBDIVISION TWO OF THIS SECTION, AND ANNUALLY THEREAFTER, EACH STATE
AND MUNICIPAL AGENCY SHALL REPORT TO THE DEPARTMENT ON SUCH PROGRAM,
INCLUDING, BUT NOT LIMITED TO (I) THE AMOUNT OF COMPOSTABLE WASTE
COLLECTED; AND (II) THE COSTS ASSOCIATED WITH SUCH PROGRAM.
5. BY DECEMBER FIRST, TWO THOUSAND TWENTY-SEVEN, AND ANNUALLY THERE-
AFTER, THE DEPARTMENT SHALL POST A REPORT ON ITS WEBSITE DETAILING AGEN-
CY 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. This act shall take effect immediately.