Senate Bill S7809A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7809--A
     Cal. No. 648
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 Introduced  by Sens. SALAZAR, BRISPORT, COMRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- recommitted to the Committee  on  Environmental
   Conservation  in  accordance  with  Senate  Rule 6, sec. 8 -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing state 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 COMPOSTING PROGRAMS
 SECTION 27-3401. STATE COMPOSTING PROGRAMS.
 § 27-3401. STATE 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; AND
   (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.
   2. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF  THIS  SECTION,  ALL
 STATE  AGENCIES SHALL ESTABLISH A COMPOSTING PROGRAM IN BUILDINGS OWNED,
 OCCUPIED OR OPERATED BY SUCH AGENCIES THAT SHALL, AT A MINIMUM:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04338-04-6
 S. 7809--A                          2
 
   (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  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 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
 AGENCY  SHALL  REPORT  TO THE DEPARTMENT ON SUCH PROGRAM, INCLUDING, BUT
 NOT LIMITED TO (I) AN  ESTIMATE  OF  THE  AMOUNT  OF  COMPOSTABLE  WASTE
 COLLECTED; AND (II) THE COSTS ASSOCIATED WITH SUCH PROGRAM.
   5.  (A)  AN  AGENCY NEED NOT COMPLY WITH SUBDIVISIONS TWO AND THREE OF
 THIS SECTION WITH RESPECT TO A PARTICULAR BUILDING IF  IT  PROVIDES  THE
 DEPARTMENT  WITH A WRITTEN EXPLANATION THAT COMPLIANCE FOR SUCH BUILDING
 WOULD BE INFEASIBLE OR WOULD IMPOSE UNREASONABLE COSTS BECAUSE:  (I) THE
 BUILDING GENERATES ONLY A DE MINIMIS QUANTITY OF COMPOSTABLE WASTE; (II)
 THE BUILDING IS LOCATED IN A MUNICIPALITY OR REGION WITH LIMITED COMPOST
 MANAGEMENT INFRASTRUCTURE, OR INSUFFICIENT SERVICE  AVAILABILITY  NECES-
 SARY  TO  SUPPORT COMPLIANCE; OR (III) GEOGRAPHIC, CLIMATIC, OR ENVIRON-
 MENTAL CONDITIONS SUCH AS HIGH ELEVATION, EXTREME TEMPERATURES, OR OTHER
 FACTORS THAT INTERFERE WITH BIOLOGICAL DECOMPOSITION PROCESSES, MAKE THE
 ESTABLISHMENT OR MAINTENANCE OF COMPOSTING OPERATIONS IMPRACTICABLE.
   (B) AN AGENCY MUST REEVALUATE EACH BUILDING FOR WHICH  IT  IS  NOT  IN
 COMPLIANCE EVERY FIVE YEARS AND SUBMIT A NEW NON-COMPLIANCE EXPLANATION,
 AS APPLICABLE, AT SUCH TIME.
   (C) THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL
 NOT  APPLY  TO BUILDINGS LOCATED WITHIN A MUNICIPALITY WHICH ESTABLISHES
 AND IMPLEMENTS A COMPOSTING PROGRAM BY ADOPTING A  LOCAL  LAW  OR  ORDI-
 NANCE.
   BUILDINGS  REQUIRED  TO  COMPLY  WITH  A  MUNICIPAL COMPOSTING PROGRAM
 ENACTED BY A MUNICIPAL LAW OR ORDINANCE ARE EXEMPT FROM THE REQUIREMENTS
 OF SUBDIVISIONS TWO AND THREE OF THIS SECTION.
   6. BY DECEMBER FIRST, TWO THOUSAND THIRTY,  AND  ANNUALLY  THEREAFTER,
 THE DEPARTMENT SHALL POST A REPORT ON ITS WEBSITE DETAILING STATE AGENCY
 COMPOSTING  PROGRAMS  IN  THE STATE. SUCH REPORT SHALL INCLUDE AN EVALU-
 ATION OF THE EFFECTIVENESS OF SUCH COMPOSTING PROGRAMS,  INFORMATION  ON
 COSTS AND COLLECTION RATES, AND COMPLIANCE EXEMPTIONS PURSUANT TO SUBDI-
 VISION FIVE OF THIS SECTION.
   § 2. This act shall take effect immediately.