S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1013
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced by M. of A. KAVANAGH, PAULIN, TITONE, LUPARDO, COLTON, ENGLE-
   BRIGHT,  GALEF,  ROSENTHAL, OTIS, ABINANTI, ROZIC, FAHY -- Multi-Spon-
   sored by -- M. of A.  COOK, DINOWITZ, FARRELL, GLICK,  HOOPER,  PERRY,
   THIELE  --  read  once  and referred to the Committee on Environmental
   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".
   §  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.
 
 § 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
 RATE  CONSISTENT WITH OTHER KNOWN COMPOSTABLE MATERIALS AND (B) LEAVE NO
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01922-01-7

 A. 1013                             2
 
 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.
 § 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.
 § 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.
   §  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.
   §  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.