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

                                  6278

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen.  PARKER -- 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
  prevention and diversion of food waste

  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 "state food waste prevention and diversion act".
  S  2.  Article  27 of the environmental conservation law is amended by
adding a new title 28 to read as follows:
                                 TITLE 28
              STATE FOOD WASTE PREVENTION AND DIVERSION ACT
SECTION 27-2801. DEFINITIONS.
        27-2803. REQUIRED STATE FOOD SERVICE ORGANICS WASTE MANAGEMENT.
        27-2805. POWERS OF AGENCIES.
S 27-2801. DEFINITIONS.
  FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT
CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
  2. "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
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.
  3. "CONTRACTORS" AND "LESSEES" MEAN ANY PERSON OR ENTITY  THAT  HAS  A
CONTRACT  WITH  AN  AGENCY  FOR  PUBLIC  WORKS  OR  IMPROVEMENTS  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 TO BE PAID OUT OF MONIES DEPOSITED IN THE  TREASURY  OR
OUT OF TRUST MONIES UNDER THE CONTROL OR COLLECTED BY THE AGENCY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13292-01-5

S. 6278                             2

  4.  "COVERED FOOD SERVICE ESTABLISHMENT" MEANS ANY PREMISES OR PART OF
A PREMISES TO WHICH ALL OF THE FOLLOWING APPLY:
  (A)  IT  IS  OPERATED  BY  AN AGENCY OR ANY CONTRACTOR OR LESSEE OF AN
AGENCY;
  (B) IT GENERATES, FROM ITS FOOD PREPARATION AND SERVICE,  AS  AVERAGED
OVER THE COURSE OF THE PREVIOUS TEN WEEKS:
  (I) IN TWO THOUSAND SIXTEEN AND TWO THOUSAND SEVENTEEN, OVER TWO THOU-
SAND POUNDS OF FOOD WASTE PER WEEK;
  (II)  IN  TWO  THOUSAND  EIGHTEEN  AND TWO THOUSAND NINETEEN, OVER ONE
THOUSAND POUNDS OF FOOD WASTE PER WEEK; AND
  (III) IN TWO THOUSAND TWENTY AND THEREAFTER, OVER FIVE HUNDRED  POUNDS
OF FOOD WASTE PER WEEK; AND
  (C)  IT IS LOCATED WHERE FOOD IS PREPARED AND PROVIDED DIRECTLY TO THE
CONSUMER, WHETHER SUCH FOOD IS PROVIDED FREE  OF  CHARGE  OR  SOLD,  AND
WHETHER CONSUMPTION OCCURS OR OR OFF THE PREMISES.
  "COVERED FOOD SERVICE ESTABLISHMENTS" SHALL INCLUDE, BUT NOT BE LIMIT-
ED  TO,  THE FOLLOWING WHICH ALSO MEET THE CONDITIONS OF PARAGRAPHS (A),
(B), AND (C) OF THIS SUBDIVISION: FULL-SERVICE  RESTAURANTS,  FAST  FOOD
RESTAURANTS,  CAFES,  DELICATESSENS,  COFFEE  SHOPS, AND CAFETERIAS, BUT
SHALL NOT INCLUDE RETAIL FOOD STORES, CONVENIENCE STORES, PHARMACIES AND
MOBILE FOOD VENDING UNITS.
  5. "EXCESS FOOD" MEANS FOOD THAT IS NOT REQUIRED TO MEET THE NEEDS  OF
THE COVERED FOOD SERVICE ESTABLISHMENT.
  6. "ORGANIC" MEANS MATERIALS PRODUCED BY OR FROM LIVING ORGANISMS.
  7.  "ORGANIC  WASTE" MEANS READILY DEGRADABLE ORGANIC MATERIAL INCLUD-
ING, BUT NOT LIMITED TO, FOOD WASTE, SOILED OR UNRECYCLABLE  PAPER,  AND
YARD  WASTE IN COMBINATION WITH ANY OF THE FORMER MATERIALS. IT DOES NOT
INCLUDE BIOSOLIDS, SLUDGE, OR SEPTAGE.
S 27-2803. REQUIRED STATE FOOD SERVICE ORGANICS WASTE MANAGEMENT.
  1. ANY COVERED FOOD SERVICE ESTABLISHMENT SHALL DO THE FOLLOWING:
  (A) TO THE GREATEST EXTENT PRACTICABLE,  MINIMIZE  ITS  GENERATION  OF
EXCESS,  UNUSED  FOODS  IN  ADDITION  TO  FOOD  SCRAPS AND ORGANIC WASTE
INCLUDING, BUT NOT LIMITED TO, FOOD TRIMMINGS AND PACKAGING;
  (B) TO THE GREATEST EXTENT PRACTICABLE, REDUCE THE NEED  FOR  DISPOSAL
OF ITS GENERATED EXCESS, UNUSED FOOD, FOOD SCRAPS AND ANY OTHER COMPOST-
ABLE  OR  ORGANIC  WASTE,  BY PROVIDING IT FOR THE FOLLOWING PURPOSES IN
DESCENDING ORDER OF PRIORITY:
  (I) FEEDING OR DISTRIBUTING EXCESS, UNUSED, APPARENTLY WHOLESOME  FOOD
TO  PEOPLE, SUCH AS THE FOOD INSECURE, THROUGH LOCAL VOLUNTARY COMMUNITY
NOT-FOR-PROFIT FOOD ASSISTANCE OR  SIMILAR  PROGRAMS  AS  AUTHORIZED  BY
STATE AND FEDERAL LAW;
  (II) FEEDING EXCESS, UNUSED FOOD, OR FOOD SCRAPS TO ANIMALS AS FEED AS
AUTHORIZED BY STATE AND FEDERAL LAW;
  (III)  COMPOSTING,  ANAEROBIC  DIGESTION, OR OTHER PROCESSING OF FOOD,
FOOD WASTE, OR  ORGANIC  WASTE  TO  GENERATE  SOIL  AMENDMENT  OR  OTHER
PRODUCTS FOR USE IN AGRICULTURAL, HORTICULTURAL, MANUFACTURING, OR OTHER
APPLICATIONS;
  (C)  EFFECTUATE PARAGRAPH (B) OF THIS SUBDIVISION BY DOING THE FOLLOW-
ING:
  (I) FOR MANAGEMENT OF EXCESS FOODS OR FOOD SCRAP PURSUANT TO  SUBPARA-
GRAPHS  (I)  AND  (II)  OF PARAGRAPH (B) OF THIS SUBDIVISION, OTHER THAN
THOSE MANAGED ON-SITE,  TRANSFER,  OR  ARRANGE  FOR  SUCH  TRANSFER,  TO
LOCATIONS  INTENDED  FOR  THEIR  CONSUMPTION  OR FROM WHICH THEY WILL BE
DISTRIBUTED FOR ULTIMATE CONSUMPTION; AND
  (II) FOR MANAGEMENT OF ORGANIC WASTES PURSUANT TO  SUBPARAGRAPH  (III)
OF  PARAGRAPH  (B)  OF THIS SUBDIVISION, BY TAKING ACTIONS TO (A) SOURCE

S. 6278                             3

SEPARATE ORGANIC WASTES FROM OTHER WASTE AND SUBSCRIBE TO A BASIC  LEVEL
OF  RECYCLING  SERVICE THAT INCLUDES THEIR COLLECTION AND RECYCLING; (B)
RECYCLE ITS ORGANIC WASTES ON-SITE OR SELF-HAUL THEM FOR  RECYCLING;  OR
(C)  SUBSCRIBE  TO  AN  ORGANIC WASTE RECYCLING SERVICE THAT MAY INCLUDE
MIXED WASTE PROCESSING THAT SPECIFICALLY RECYCLES ORGANIC WASTE;
  (D) PROVIDE COLLECTION AND EDUCATIONAL  RESOURCES,  INCLUDING  REGULAR
PERIODICAL  GUIDANCE,  TRAINING,  UPDATES,  SIGNAGE, AND FLYERS, FOR ITS
WORKFORCE AND THE PUBLIC FOR THE  PURPOSES  OF  TEACHING  AND  RETAINING
EFFECTIVE  PROCEDURES FOR SORTING MATERIALS FOR ORGANICS AND OTHER RECY-
CLING.
  2. EACH COVERED FOOD SERVICE ESTABLISHMENT MAY PROVIDE TO THE  DEPART-
MENT  INFORMATION  ON  ITS  PRACTICES, INCLUDING AMOUNTS OF EXCESS FOOD,
FOOD SCRAPS, OR ORGANIC WASTE MANAGED BY VARIOUS METHODS SUCH  AS  THOSE
IMPLEMENTED  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION, ENTITIES OR
RESOURCES UTILIZED FOR REDUCING AND MANAGING SUCH MATERIALS, OR  FINANC-
ING MECHANISMS AND INCENTIVES UTILIZED.
  3. IF THE COST FOR A COVERED FOOD SERVICE ESTABLISHMENT TO COMPLY WITH
THE REQUIREMENTS OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION FOR
ANY  OR  ALL  PORTIONS  OF  EXCESS  FOOD,  FOOD SCRAPS, OR ORGANIC WASTE
EXCEEDS FIFTEEN PERCENT OF THE COST  OF  ITS  DISPOSAL  BY  LANDFILL  OR
INCINERATION,  THE  COVERED  FOOD SERVICE ESTABLISHMENT MAY REQUEST FROM
THE COMMISSIONER A WAIVER OF THE REQUIREMENTS FOR THE PORTIONS, BASED ON
DOCUMENTED EFFORTS TO COMPLY. THE COMMISSIONER SHALL REVIEW THE  REQUEST
AND,  IF  VALIDATED,  GRANT  THE  WAIVER FOR A PERIOD OF NO GREATER THAN
TWENTY-FOUR MONTHS.
  4. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  CONTRACTS  IN
EFFECT  ON  THE  EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER, THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL RENEWALS OR EXTENSIONS
OF SUCH CONTRACTS ENTERED INTO ON OR AFTER THE EFFECTIVE  DATE  OF  THIS
SECTION.
  5.  IN  THE EVENT THAT TWO OR MORE COVERED FOOD SERVICE ESTABLISHMENTS
SHARE  A  COMMON  PHYSICAL  FACILITY  AND   SHARE   SERVICES   SUCH   AS
WASTE/RECYCLING  COLLECTION  AND HAULING, DINING AREAS AND/OR RESTROOMS,
ALL FACILITIES SHALL BE CONSIDERED TO BE ONE COVERED FOOD SERVICE ESTAB-
LISHMENT FOR THE PURPOSE OF CALCULATING THE  AMOUNT  OF  FOOD  WASTE  AS
PROVIDED IN SUBDIVISION FOUR OF SECTION 27-2801 OF THIS TITLE.
  6.  THE  DEPARTMENT  SHALL  PROMOTE  ACTIONS  FOR COVERED FOOD SERVICE
ESTABLISHMENTS TO TAKE PURSUANT TO THE REQUIREMENTS OF  SUBDIVISION  ONE
OF  THIS SECTION, AND FOR ALL ENTITIES AND THE PUBLIC TO TAKE IN EFFORTS
TO MANAGE EXCESS FOOD, FOOD SCRAPS,  AND  ORGANIC  WASTE  IN  A  SIMILAR
MANNER.
  7.  THE  DEPARTMENT  MAY  COLLECT  AND  REPORT  INFORMATION TO PROMOTE
IMPROVED MANAGEMENT OF EXCESS  FOOD,  FOOD  SCRAPS  AND  ORGANIC  WASTE,
INCLUDING INFORMATION ON PRACTICES BY COVERED FOOD ESTABLISHMENTS, OTHER
ENTITIES  AND  THE  PUBLIC, OR LISTS OF ENTITIES AND RESOURCES PROVIDING
ASSISTANCE FOR REDUCING SUCH MATERIALS, FACILITIES ACCEPTING SUCH  MATE-
RIALS,  OR  FINANCING  MECHANISMS  AND INCENTIVES AVAILABLE FOR RECOVERY
PRACTICES AND FACILITIES.
S 27-2805. POWERS OF AGENCIES.
  ANY AGENCY MAY PROMULGATE REGULATIONS TO TAKE ANY AND  ALL  REASONABLE
ACTIONS NECESSARY TO IMPLEMENT AND ENFORCE THIS TITLE.
  S 3. Paragraph (c) of subdivision 1 of section 27-0107 of the environ-
mental  conservation law, as added by chapter 70 of the laws of 1988, is
amended to read as follows:
  (c) Such plan shall take into account  the  objectives  of  the  state
solid  waste management policy, provide for or take into account manage-

S. 6278                             4

ment of all solid waste within the planning unit, and embody, as may  be
appropriate  to  the  circumstances,  sound  principles  of  solid waste
management,  natural  resources  conservation,  energy  production,  and
employment creating opportunities, INCLUDING BUT NOT LIMITED TO:
  (I)  DESCRIPTION  OF  EFFORTS  OF A STATE PLANNING UNIT TO FACILITATE,
PARTICIPATE, OR ASSIST IN THE MANAGEMENT OF EXCESS  FOOD,  FOOD  SCRAPS,
AND  OTHER  ORGANIC  WASTE  IN THE SOLID WASTE STREAM INCLUDING, BUT NOT
LIMITED TO, DESCRIPTION OF PROGRAMS PROVIDING (A) ASSISTANCE WITH REDUC-
ING THE AMOUNT OF EXCESS FOOD, FOOD SCRAPS, AND ORGANIC WASTE GENERATED,
(B) EXCESS FOOD TO ENTITIES FOR FEEDING THE FOOD  INSECURE,  (C)  EXCESS
FOOD AND FOOD SCRAPS FOR FEEDING ANIMALS, AND (D) FOOD AND OTHER ORGANIC
WASTE  TO  PROCESS AND GENERATE SOIL AMENDMENT OR OTHER PRODUCTS FOR USE
IN AGRICULTURAL, HORTICULTURAL, MANUFACTURING,  OR  OTHER  APPLICATIONS;
AND
  (II) ASSESSMENT AND DESCRIPTION OF (A) KNOWN ENTITIES ACCEPTING EXCESS
FOOD  DONATIONS  FOR  THE  PURPOSE  OF PROVIDING NOURISHMENT TO THE FOOD
INSECURE AND ESTIMATED AMOUNTS, ACCORDING TO ANY USEFUL CATEGORIES, SUCH
AS PERISHABLE AND NON-PERISHABLE, THAT ARE AVAILABLE, (B) KNOWN ENTITIES
THAT ACCEPT EXCESS FOOD AND FOOD SCRAPS FOR FEEDING ANIMALS,  AND  ESTI-
MATED  AMOUNTS  ACCORDING  TO AVAILABLE USEFUL CATEGORIES, AND (C) KNOWN
ENTITIES THAT ACCEPT FOOD AND OTHER ORGANIC WASTE TO PROCESS AND  GENER-
ATE  SOIL  AMENDMENT OR OTHER PRODUCTS, AND ESTIMATED AMOUNTS, ACCORDING
TO AVAILABLE USEFUL CATEGORIES.
  S 4. This act shall take effect on the first of  the  month  following
the one hundred eightieth day after it shall have become a law.