S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10699
 
                           I N  A S S E M B L Y
 
                               May 10, 2018
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   donation of excess food and recycling of food scraps
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Approximately 40 percent of the food produced in the United
 States today goes uneaten. Much of this organic waste is disposed of  in
 solid  waste  landfills,  where  its  decomposition accounts for over 15
 percent of our nation's emissions of methane, a potent  greenhouse  gas.
 Meanwhile,  an  estimated  2.8 million New Yorkers are facing hunger and
 food insecurity.  Recognizing the importance of food scraps to our envi-
 ronment, economy, and the health of New Yorkers, this act establishes  a
 food  scraps  hierarchy for the state of New York. The first tier of the
 hierarchy is source reduction,  reducing  the  volume  of  surplus  food
 generated. The second tier is recovery, feeding wholesome food to hungry
 people.  Third  is  repurposing,  feeding  animals. Fourth is recycling,
 processing  any  leftover  food  such  as  by  composting  or  anaerobic
 digestion to create a nutrient-rich soil amendment.  This legislation is
 designed  to  address  each  tier of the hierarchy by:   encouraging the
 prevention of food waste generation by commercial generators  and  resi-
 dents;  directing  the  recovery  of excess edible food from high-volume
 commercial food  waste  generators;  and  ensuring  that  a  significant
 portion  of  inedible food waste from large volume food waste generators
 is managed in a sustainable manner, and does not end up  being  sent  to
 landfills  or  incinerators.    In addition, the state has supported the
 recovery of wholesome food by providing grants  from  the  environmental
 protection  fund to increase capacity of food banks, conduct food scraps
 audits of high-volume generators of food scraps, support  implementation
 of  pollution  prevention projects identified by such audits, and expand
 capacity of generators and municipalities to donate and recycle food.
   § 2. Article 27 of the environmental conservation law  is  amended  by
 adding a new title 22 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15602-01-8

 A. 10699                            2
 
                                 TITLE 22
                  FOOD DONATION AND FOOD SCRAPS RECYCLING
 SECTION 27-2201. DEFINITIONS.
         27-2203. DESIGNATED FOOD SCRAPS GENERATOR RESPONSIBILITIES.
         27-2205. WASTE TRANSPORTER RESPONSIBILITIES.
         27-2207. TRANSFER STATION.
         27-2209. FOOD SCRAPS DISPOSAL PROHIBITION.
         27-2211. DEPARTMENT RESPONSIBILITIES.
         27-2213. REGULATIONS.
         27-2215. EXCLUSIONS.
         27-2217. ANNUAL REPORT.
         27-2219. SEVERABILITY.
 § 27-2201. DEFINITIONS.
   1.  "DESIGNATED FOOD SCRAPS GENERATOR" MEANS A PERSON WHO GENERATES AT
 A SINGLE LOCATION AN ANNUAL AVERAGE OF TWO TONS PER WEEK OR MORE OF FOOD
 SCRAPS BASED ON A METHODOLOGY ESTABLISHED BY THE DEPARTMENT PURSUANT  TO
 REGULATIONS,  INCLUDING,  SUPERMARKETS,  RESTAURANTS, HIGHER EDUCATIONAL
 INSTITUTIONS, HOTELS, FOOD PROCESSORS, CORRECTIONAL  FACILITIES,  SPORTS
 OR  ENTERTAINMENT VENUES AND HEALTH CARE FACILITIES. FOR A LOCATION WITH
 MULTIPLE INDEPENDENT FOOD SERVICE BUSINESSES, SUCH AS A MALL OR  COLLEGE
 CAMPUS,  THE  ENTITY RESPONSIBLE FOR CONTRACTING FOR SOLID WASTE HAULING
 SERVICES IS RESPONSIBLE FOR MANAGING FOOD SCRAPS  FROM  THE  INDEPENDENT
 BUSINESSES.
   2.  "FOOD  SCRAPS" MEANS INEDIBLE FOOD, TRIMMINGS FROM THE PREPARATION
 OF FOOD, FOOD-SOILED PAPER, AND EDIBLE FOOD THAT IS  NOT  DONATED.  FOOD
 SCRAPS  SHALL  NOT  INCLUDE USED COOKING OIL, YELLOW GREASE OR FOOD FROM
 RESIDENTIAL SOURCES, OR ANY FOOD IDENTIFIED IN  REGULATIONS  PROMULGATED
 BY THE DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND
 MARKETS  OR  ANY FOOD WHICH IS SUBJECT TO A RECALL OR SEIZURE DUE TO THE
 PRESENCE OF PATHOGENS, INCLUDING BUT NOT LIMITED TO:  LISTERIA MONOCYTO-
 GENES, CONFIRMED CLOSTRIDIUM BOTULINUM, E. COLI 0157:H7 AND  ALL  SALMO-
 NELLA IN READY-TO-EAT FOODS.
   3.  "ORGANICS RECYCLER" MEANS A FACILITY, PERMITTED BY THE DEPARTMENT,
 THAT RECYCLES FOOD SCRAPS THROUGH USE AS ANIMAL FEED OR A FEED  INGREDI-
 ENT, RENDERING, LAND APPLICATION, COMPOSTING, AEROBIC DIGESTION, ANAERO-
 BIC  DIGESTION, FERMENTATION, OR ETHANOL PRODUCTION. ANIMAL SCRAPS, FOOD
 SOILED PAPER, AND POST-CONSUMER FOOD SCRAPS ARE PROHIBITED  FOR  USE  AS
 ANIMAL  FEED  OR  AS  A  FEED  INGREDIENT. THE PROPORTION OF THE PRODUCT
 CREATED FROM FOOD SCRAPS BY A COMPOSTING OR DIGESTION FACILITY,  INCLUD-
 ING  A WASTEWATER TREATMENT PLANT THAT OPERATES A DIGESTION FACILITY, OR
 OTHER TREATMENT SYSTEM, MUST BE USED IN A BENEFICIAL MANNER  AS  A  SOIL
 AMENDMENT AND SHALL NOT BE DISPOSED OF OR INCINERATED.
   4.  "PERSON"  MEANS  ANY BUSINESS ENTITY, PARTNERSHIP, COMPANY, CORPO-
 RATION, NOT-FOR-PROFIT CORPORATION,  ASSOCIATION,  GOVERNMENTAL  ENTITY,
 PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, FIRM, OR ORGANIZATION.
   5. "SINGLE LOCATION" MEANS CONTIGUOUS PROPERTY UNDER COMMON OWNERSHIP,
 WHICH MAY INCLUDE ONE OR MORE BUILDINGS.
   6.  "INCINERATOR"  SHALL  HAVE THE SAME MEANING AS PROVIDED IN SECTION
 72-0401 OF THIS CHAPTER.
   7. "LANDFILL" SHALL HAVE THE  SAME  MEANING  AS  PROVIDED  IN  SECTION
 72-0401 OF THIS CHAPTER.
   8. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER
 OWNED  OR  OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN A RECYCLA-
 BLES  HANDLING  AND  RECOVERY  FACILITY,  USED  OIL   FACILITY,   OR   A
 CONSTRUCTION  AND  DEMOLITION  DEBRIS  PROCESSING  FACILITY, WHERE SOLID
 WASTE IS RECEIVED FOR THE PURPOSE  OF  SUBSEQUENT  TRANSFER  TO  ANOTHER

 A. 10699                            3
 
 SOLID  WASTE  MANAGEMENT  FACILITY  FOR  PROCESSING, TREATING, DISPOSAL,
 RECOVERY, OR FURTHER TRANSFER.
 § 27-2203. DESIGNATED FOOD SCRAPS GENERATOR RESPONSIBILITIES.
   1. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-ONE:
   (A)  ALL DESIGNATED FOOD SCRAPS GENERATORS SHALL SEPARATE THEIR EXCESS
 EDIBLE FOOD FOR DONATION FOR HUMAN CONSUMPTION  TO  THE  MAXIMUM  EXTENT
 PRACTICABLE,  AND  IN  ACCORDANCE  WITH APPLICABLE LAWS, RULES AND REGU-
 LATIONS RELATED TO FOOD DONATION; AND
   (B) EXCEPT AS PROVIDED IN PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  EACH
 DESIGNATED  FOOD  SCRAPS  GENERATOR  THAT  IS WITHIN FIFTEEN MILES OF AN
 ORGANICS RECYCLER, TO THE EXTENT  THAT  THE  RECYCLER  HAS  CAPACITY  TO
 ACCEPT  ALL  OF  SUCH  GENERATOR'S FOOD SCRAPS BASED ON THE DEPARTMENT'S
 YEARLY ESTIMATE OF AN ORGANIC RECYCLERS' CAPACITY  PURSUANT  TO  SECTION
 27-2211 OF THIS TITLE, SHALL:
   (I) SEPARATE ITS REMAINING FOOD SCRAPS FROM OTHER SOLID WASTE;
   (II)  ENSURE  PROPER  STORAGE  FOR  FOOD  SCRAPS  ON  SITE WHICH SHALL
 PRECLUDE SUCH MATERIALS FROM BECOMING  ODOROUS  OR  ATTRACTING  VECTORS,
 SUCH AS A CONTAINER THAT HAS A LID AND A LATCH THAT KEEPS THE LID CLOSED
 AND  IS  RESISTANT  TO  TAMPERING  BY  RODENTS OR OTHER WILDLIFE AND HAS
 SUFFICIENT CAPACITY;
   (III) HAVE INFORMATION AVAILABLE AND PROVIDE  TRAINING  FOR  EMPLOYEES
 CONCERNING THE PROPER METHODS TO SEPARATE AND STORE FOOD SCRAPS; AND
   (IV) OBTAIN A TRANSPORTER THAT WILL DELIVER FOOD SCRAPS TO AN ORGANICS
 RECYCLER,  SELF-HAUL ITS FOOD SCRAPS TO AN ORGANICS RECYCLER, OR PROVIDE
 FOR ORGANICS RECYCLING ON-SITE VIA  IN  VESSEL  COMPOSTING,  AEROBIC  OR
 ANAEROBIC DIGESTION OR ANY OTHER METHOD OF PROCESSING ORGANIC WASTE THAT
 THE DEPARTMENT APPROVES BY REGULATION, FOR SOME OR ALL OF THE FOOD WASTE
 IT  GENERATES  ON ITS PREMISES, PROVIDED THAT THE REMAINDER IS DELIVERED
 TO AN ORGANICS RECYCLER.
   (C) THE PROVISIONS OF PARAGRAPH (B)  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY  TO  ANY DESIGNATED FOOD SCRAPS GENERATOR THAT HAS ALL OF ITS FOOD
 SCRAPS PROCESSED IN A MIXED SOLID WASTE COMPOSTING OR MIXED SOLID  WASTE
 ANAEROBIC DIGESTION FACILITY.
   2. ALL DESIGNATED FOOD SCRAPS GENERATORS SHALL SUBMIT AN ANNUAL REPORT
 TO THE DEPARTMENT ON OR BEFORE MARCH FIRST, TWO THOUSAND TWENTY-TWO, AND
 ANNUALLY  THEREAFTER,  IN  AN  ELECTRONIC FORMAT. THE ANNUAL REPORT MUST
 SUMMARIZE THE AMOUNT OF EDIBLE FOOD DONATED, THE AMOUNT OF  FOOD  SCRAPS
 RECYCLED, THE ORGANICS RECYCLER OR RECYCLERS AND ASSOCIATED TRANSPORTERS
 USED, AND ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT.
   3.  A DESIGNATED FOOD SCRAPS GENERATOR MAY PETITION THE DEPARTMENT FOR
 A TEMPORARY WAIVER FROM SOME OR ALL OF THE REQUIREMENTS OF  THIS  TITLE.
 THE PETITION MUST INCLUDE EVIDENCE OF UNDUE HARDSHIP BASED ON:
   (A)  THE  DESIGNATED  FOOD SCRAPS GENERATOR DOES NOT MEET THE TWO TONS
 PER WEEK THRESHOLD;
   (B) THE COST OF PROCESSING ORGANIC WASTE IS NOT REASONABLY COMPETITIVE
 WITH THE COST OF DISPOSING OF WASTE BY LANDFILL;
   (C) THE ORGANICS RECYCLER DOES NOT HAVE SUFFICIENT  CAPACITY,  DESPITE
 THE DEPARTMENT'S CALCULATION; OR
   (D) THE UNIQUE CIRCUMSTANCES OF THE GENERATOR.
   A WAIVER SHALL BE NO LONGER THAN ONE YEAR IN DURATION PROVIDED, HOWEV-
 ER, THE DEPARTMENT MAY RENEW SUCH WAIVER.
 § 27-2205. WASTE TRANSPORTER RESPONSIBILITIES.
   1.  ANY WASTE TRANSPORTER THAT COLLECTS FOOD SCRAPS FOR RECYCLING FROM
 A DESIGNATED FOOD SCRAPS GENERATOR SHALL:
   (A) DELIVER FOOD SCRAPS TO A TRANSFER STATION THAT WILL  DELIVER  SUCH
 FOOD SCRAPS TO AN ORGANICS RECYCLER UNLESS SUCH GENERATOR HAS RECEIVED A

 A. 10699                            4
 
 TEMPORARY  WAIVER  UNDER  SUBDIVISION  THREE  OF SECTION 27-2203 OF THIS
 TITLE; OR
   (B) DELIVER SUCH FOOD SCRAPS DIRECTLY TO AN ORGANICS RECYCLER.
   2.  ANY  WASTE TRANSPORTER THAT COLLECTS FOOD SCRAPS FROM A DESIGNATED
 FOOD SCRAPS GENERATOR SHALL  TAKE  ALL  REASONABLE  PRECAUTIONS  TO  NOT
 DELIVER  THOSE FOOD SCRAPS TO AN INCINERATOR OR A LANDFILL NOR COMMINGLE
 THE MATERIAL WITH ANY OTHER SOLID WASTE UNLESS SUCH COMMINGLED WASTE CAN
 BE PROCESSED BY AN  ORGANICS  RECYCLER  OR  UNLESS  SUCH  GENERATOR  HAS
 RECEIVED  A  TEMPORARY WAIVER UNDER SUBDIVISION THREE OF SECTION 27-2203
 OF THIS TITLE.
 § 27-2207. TRANSFER STATION.
   ANY TRANSFER STATION THAT RECEIVES FOOD SCRAPS FROM A DESIGNATED  FOOD
 SCRAPS GENERATOR MUST ENSURE THAT THE FOOD SCRAPS ARE TAKEN TO AN ORGAN-
 ICS RECYCLER UNLESS SUCH GENERATOR HAS RECEIVED A TEMPORARY WAIVER UNDER
 SUBDIVISION  THREE  OF SECTION 27-2203 OF THIS TITLE. A TRANSFER STATION
 SHALL TAKE ALL REASONABLE PRECAUTIONS TO NOT COMMINGLE THE MATERIAL WITH
 ANY OTHER SOLID WASTE UNLESS SUCH COMMINGLED WASTE CAN BE  PROCESSED  BY
 AN ORGANICS RECYCLER.
 § 27-2209. FOOD SCRAPS DISPOSAL PROHIBITION.
   INCINERATORS  AND  LANDFILLS  SHALL TAKE ALL REASONABLE PRECAUTIONS TO
 NOT ACCEPT FOOD SCRAPS FROM DESIGNATED FOOD SCRAPS  GENERATORS  REQUIRED
 TO  SEND  THEIR  FOOD  SCRAPS  TO AN ORGANICS RECYCLER AS OUTLINED UNDER
 SECTION 27-2203 OF THIS TITLE, AFTER JANUARY FIRST, TWO  THOUSAND  TWEN-
 TY-ONE,  UNLESS  THE  DESIGNATED  FOOD  SCRAPS  GENERATOR HAS RECEIVED A
 TEMPORARY WAIVER UNDER SUBDIVISION THREE  OF  SECTION  27-2203  OF  THIS
 TITLE.
 § 27-2211. DEPARTMENT RESPONSIBILITIES.
   1.  THE  DEPARTMENT  SHALL PUBLISH ON ITS WEBSITE: (A) THE METHODOLOGY
 THE DEPARTMENT WILL USE TO DETERMINE WHO  IS  A  DESIGNATED  FOOD  SCRAP
 GENERATOR;  (B) THE WAIVER PROCESS; (C) PROCEDURES TO MINIMIZE ODORS AND
 VECTORS; AND (D) A LIST OF ALL DESIGNATED FOOD SCRAPS GENERATORS, ORGAN-
 ICS RECYCLERS, AND ALL WASTE TRANSPORTERS THAT  MANAGE  SOURCE-SEPARATED
 ORGANICS.
   2.  NO  LATER THAN JUNE FIRST, TWO THOUSAND TWENTY AND ANNUALLY THERE-
 AFTER, THE DEPARTMENT SHALL ASSESS THE CAPACITY OF EACH ORGANIC RECYCLER
 AND NOTIFY DESIGNATED FOOD SCRAPS GENERATORS IF  THEY  ARE  REQUIRED  TO
 COMPLY  WITH  THE  PROVISIONS  OF  PARAGRAPH  (B)  OF SUBDIVISION ONE OF
 SECTION 27-2203 OF THIS TITLE.
   3. THE DEPARTMENT SHALL DEVELOP AND MAKE AVAILABLE EDUCATIONAL MATERI-
 ALS TO ASSIST DESIGNATED FOOD SCRAPS  GENERATORS  WITH  COMPLIANCE  WITH
 THIS  TITLE.  THE  DEPARTMENT  SHALL ALSO DEVELOP EDUCATION MATERIALS ON
 FOOD WASTE MINIMIZATION  AND  ENCOURAGE  MUNICIPALITIES  TO  DISSEMINATE
 THESE  MATERIALS BOTH ON THEIR MUNICIPAL WEBSITES AND IN ANY SUCH FUTURE
 MAILINGS TO THEIR RESIDENTS AS THEY MAY DISTRIBUTE.
   4. THE DEPARTMENT SHALL REGULATE ORGANICS  RECYCLERS  TO  ENSURE  THAT
 THEIR  ACTIVITIES  DO  NOT  IMPAIR WATER QUALITY OR OTHERWISE HARM HUMAN
 HEALTH AND THE ENVIRONMENT.
 § 27-2213. REGULATIONS.
   THE DEPARTMENT SHALL, AFTER ONE OR MORE  PUBLIC  HEARINGS,  PROMULGATE
 RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT THE PROVISIONS OF THIS
 TITLE INCLUDING: (A) THE METHODOLOGY THE DEPARTMENT WILL USE  TO  DETER-
 MINE  WHO IS A DESIGNATED FOOD SCRAPS GENERATOR; (B) THE WAIVER PROCESS;
 (C) PROCEDURES TO MINIMIZE ODORS AND VECTORS; (D) A LIST OF  ALL  DESIG-
 NATED  FOOD  SCRAPS GENERATORS, ORGANICS RECYCLERS, AND ALL WASTE TRANS-
 PORTERS THAT MANAGE SOURCE-SEPARATED ORGANICS; AND  (E)  HOW  DESIGNATED
 FOOD SCRAPS GENERATORS SHALL COMPLY WITH THE PROVISIONS OF PARAGRAPH (A)

 A. 10699                            5
 
 AND  SUBPARAGRAPH  (I)  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION
 27-2203 OF THIS TITLE.
 § 27-2215. EXCLUSIONS.
   1. THIS TITLE SHALL NOT APPLY TO ANY DESIGNATED FOOD SCRAPS GENERATORS
 LOCATED  IN  A CITY WITH A POPULATION OF ONE MILLION OR MORE WHICH HAS A
 LOCAL LAW, ORDINANCE OR REGULATION IN PLACE WHICH REQUIRES THE DIVERSION
 OF EDIBLE FOOD AND FOOD SCRAPS FROM DISPOSAL.
   2. THIS TITLE DOES NOT APPLY TO HOSPITALS,  ELEMENTARY  AND  SECONDARY
 SCHOOLS.
 § 27-2217. ANNUAL REPORT.
   NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-TWO, AND ON AN ANNUAL
 BASIS  THEREAFTER,  THE  DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT TO THE
 GOVERNOR AND LEGISLATURE DESCRIBING THE OPERATION OF THE  FOOD  DONATION
 AND  FOOD  SCRAPS  RECYCLING  PROGRAM  INCLUDING  AMOUNT  OF EDIBLE FOOD
 DONATED, AMOUNT OF FOOD SCRAPS RECYCLED, SAMPLE  EDUCATIONAL  MATERIALS,
 AND NUMBER OF WAIVERS PROVIDED.
 § 27-2219. SEVERABILITY.
   THE  PROVISIONS  OF  THIS  TITLE SHALL BE SEVERABLE AND IF ANY PORTION
 THEREOF OR THE APPLICABILITY THEREOF TO ANY PERSON  OR  CIRCUMSTANCE  IS
 HELD  INVALID,  THE  REMAINDER OF THIS TITLE AND THE APPLICATION THEREOF
 SHALL NOT BE AFFECTED THEREBY.
   § 3. This act shall take effect immediately.