NY State Senate Bill 2015-S2493

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Jan 26, 2015	referred to environmental conservation

co-Sponsors

2015-S2493 (ACTIVE) - Details

See Assembly Version of this Bill:: A5743
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 28 §§27-2801 - 27-2805, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2832, A428
2011-2012: S431, A2097
2013-2014: S3419, A4973
2017-2018: S4168, A1013, A9692
2019-2020: S3069, A4603

2015-S2493 (ACTIVE) - Summary

Relates to food service waste reduction; prohibits the use of polystyrene foam by contractors and lessees who deal with the state through state and municipal contracts.

2015-S2493 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2493

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
food service waste reduction

PURPOSE:

The purpose of the bill is to discourage the use of disposable
polystyrene foam food service ware by any person or entity that has a
contract with an agency or municipality, and to study the feasibility
of a polystyrene foam ban in New York State.

SUMMARY OF SPECIFIC PROVISIONS:

Requires that any state department, agency, board, public benefit
corporation, public authority, commission, municipality, and their
contractors and lessees use disposable food service ware made from
material other than polystyrene foam, unless there is no compostable
or recyclable alternative available at a price not more than 15
percent higher.

Requires the Department of Environmental Conservation to conduct a
study on the desirability, feasibility and environmental impact of a
statewide ban on the use of disposable polystyrene foam food service

ware.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would add a new title 28 to Article 27 of the Environmental
Conservation Law.

JUSTIFICATION:

Polystyrene foam is a liquid hydrocarbon that is commercially
manufactured from petroleum, a quickly disappearing commodity. Each
year Americans throwaway 25,000,000 polystyrene foam cups, or 1,369
tons of polystyrene products every day. A single polystyrene foam cup
can take up to 500 years to fully disintegrate.

Polystyrene foam is a notorious pollutant that is very difficult to
recycle due to its light weight and low scrap value. It is generally
not accepted in curbside programs, is seldom able to be reused, takes
up a considerable amount of space in landfills, and takes a very long
time to fully decompose. Due to the physical properties of polystyrene
foam, the United States Environmental Protection Agency states "that
such materials can have serious impact on human health, wildlife, and
the aquatic environment," because the product breaks and can clog
waterways, or to be mistaken for food by wildlife.

One of the components of polystyrene foam, styrene is a known
hazardous substance which was added to the list of U.S. Health
Departments list of carcinogens in June of 2011. Many people do not
realize that when they reheat food in a polystyrene foam product using
a microwave, toxins may be released into their food.  This bill would
address the environmental impacts of Polystyrene foam while allowing


for exceptions in cases where there is no viable alternative product
of comparable cost.

FISCAL IMPACT ON THE STATE:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately provided, however, that
sections one and two of this act shall take effect on the one hundred
twentieth day after it shall have become a law.

2015-S2493 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2493

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced by Sens. KRUEGER, HOYLMAN, SQUADRON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN  ACT to amend the environmental conservation law, in relation to food
  service waste reduction

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "food service waste reduction act".
  S 2. Article 27 of the environmental conservation law  is  amended  by
adding a new title 28 to read as follows:

                                TITLE 28
                       FOOD SERVICE WASTE REDUCTION

SECTION 27-2801. DEFINITIONS.
        27-2803. REQUIRED  COMPOSTABLE  OR  RECYCLABLE  DISPOSABLE  FOOD
                   SERVICE WARE.
        27-2805. POWERS OF MUNICIPALITIES.

S 27-2801. DEFINITIONS.
  FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "AFFORDABLE"  MEANS  PURCHASABLE FOR NOT MORE THAN FIFTEEN PERCENT
MORE THAN THE PURCHASE COST OF  THE  NON-COMPOSTABLE  OR  NON-RECYCLABLE
ALTERNATIVE.
  2.  "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT
CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
  3.    "COMPOSTABLE"  MEANS ALL THE MATERIALS IN THE PRODUCT OR PACKAGE
WILL (A) UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES  DURING  COMPOSTING
TO  YIELD  CARBON  DIOXIDE, WATER, INORGANIC COMPOUNDS, AND BIOMASS AT A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05451-01-5

S. 2493                             2

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.
  4.  "CONTRACTORS  AND  LESSEES"  MEAN  ANY PERSON OR ENTITY THAT HAS A
CONTRACT WITH AN AGENCY OR A MUNICIPALITY FOR PUBLIC WORKS  OR  IMPROVE-
MENTS TO BE PERFORMED, FOR A FRANCHISE, CONCESSION OR LEASE OF PROPERTY,
FOR  GRANT  MONIES  OR GOODS AND SERVICES OR SUPPLIES TO BE PURCHASED AT
THE EXPENSE OF THE AGENCY OR MUNICIPALITY OR TO BE PAID  OUT  OF  MONIES
DEPOSITED  IN  THE  TREASURY OR OUT OF TRUST MONIES UNDER THE CONTROL OR
COLLECTED BY THE AGENCY OR MUNICIPALITY.
  5. "DISPOSABLE FOOD SERVICE WARE" MEANS ALL CONTAINERS, BOWLS, PLATES,
TRAYS, CARTONS, CUPS, LIDS, STRAWS, FORKS, SPOONS, KNIVES,  NAPKINS  AND
OTHER  ITEMS  THAT  ARE  DESIGNED  FOR  ONE-TIME USE FOR PREPARED FOODS,
INCLUDING WITHOUT LIMITATION, SERVICE  WARE  FOR  TAKEOUT  FOODS  AND/OR
LEFTOVERS  FROM  PARTIALLY  CONSUMED MEALS PREPARED BY FOOD VENDORS. THE
TERM "DISPOSABLE FOOD SERVICE WARE"  DOES  NOT  INCLUDE  ITEMS  COMPOSED
ENTIRELY OF ALUMINUM OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE
INTENDED  FOR  REUSE  NOR DOES THIS TERM INCLUDE RECYCLABLE FOOD SERVICE
WARE.
  6. "MUNICIPALITY" MEANS A VILLAGE,  TOWN,  CITY,  OR  COUNTY,  OR  ANY
DESIGNATED AGENCY THEREOF.
  7.  "POLYSTYRENE  FOAM"  MEANS  BLOWN  POLYSTYRENE  AND EXPANDED FOAMS
UTILIZING A STYRENE MONOMER AND PROCESSED BY ANY NUMBER  OF  TECHNIQUES.
POLYSTYRENE  FOAM  IS GENERALLY USED TO MAKE CUPS, BOWLS, PLATES, TRAYS,
CLAMSHELL CONTAINERS, MEAT TRAYS AND EGG CARTONS.
  8. "RECYCLABLE" MEANS MATERIAL THAT CAN BE SORTED, CLEANSED AND RECON-
STITUTED USING AVAILABLE RECYCLING COLLECTION PROGRAMS FOR  THE  PURPOSE
OF USING THE ALTERED FORM IN THE MANUFACTURE OF A NEW PRODUCT. RECYCLING
DOES  NOT  INCLUDE BURNING, INCINERATING, CONVERTING, OR OTHERWISE THER-
MALLY DESTROYING SOLID WASTE.
S 27-2803. REQUIRED COMPOSTABLE OR RECYCLABLE  DISPOSABLE  FOOD  SERVICE
               WARE.
  AGENCIES,  MUNICIPALITIES, AND THEIR CONTRACTORS AND LESSEES SHALL USE
DISPOSABLE FOOD SERVICE WARE MADE FROM MATERIAL, OTHER THAN  POLYSTYRENE
FOAM,  THAT  IS  COMPOSTABLE OR RECYCLABLE UNLESS THERE IS NO AFFORDABLE
COMPOSTABLE OR RECYCLABLE PRODUCT AVAILABLE.  NOTHING  IN  THIS  SECTION
SHALL  BE  CONSTRUED TO GOVERN THE ACTIVITIES OF CONTRACTORS AND LESSEES
THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES OF CONTRACTORS OF  LESSEES
THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES OR MUNICIPALITIES.
S 27-2805. POWERS OF MUNICIPALITIES.
  ANY  AGENCY OR MUNICIPALITY MAY PROMULGATE REGULATIONS, ORDINANCES, OR
LAWS TO TAKE ANY AND ALL REASONABLE ACTIONS NECESSARY TO  IMPLEMENT  AND
ENFORCE THIS TITLE.
  S  3.  The  department  of  environmental conservation shall conduct a
study on the desirability, feasibility and  environmental  impact  of  a
statewide  prohibition  on  the use of disposable food service ware that
contains polystyrene foam. The department shall issue a report  contain-
ing  the results of the study to the legislature no later than the thir-
ty-first of January next succeeding the date on  which  this  act  shall
have become a law.
  S  4.  This act shall take effect immediately; provided, however, that
sections one and two of this act shall take effect on  the  one  hundred
twentieth day after it shall have become a law.

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Senate Bill S2493

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2015-S2493 (ACTIVE) - Details

2015-S2493 (ACTIVE) - Summary

2015-S2493 (ACTIVE) - Sponsor Memo

2015-S2493 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2493

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Jesse Hamilton

Brad Hoylman-Sigal

Jose M. Serrano

Daniel L. Squadron

2015-S2493 (ACTIVE) - Details

2015-S2493 (ACTIVE) - Summary

2015-S2493 (ACTIVE) - Sponsor Memo

2015-S2493 (ACTIVE) - Bill Text download pdf

Comments