NY State Senate Bill 2017-S3418

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
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Jan 23, 2017	referred to environmental conservation

co-Sponsors

2017-S3418 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 28 §§27-2801 - 27-2805, amd §27-0107, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6278
2019-2020: S4895

2017-S3418 (ACTIVE) - Summary

Relates to prevention and diversion of food waste.

2017-S3418 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3418

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to prevention and diversion of food waste

 PURPOSE :

To require that food service facilities operated by State agencies or
their contractors or lessees prevent and divert food waste by
participating in food donation and other organics recovery programs.

 SUMMARY OF PROVISIONS :

Section one of the bill establishes the short title of "State Food
Waste Prevention and Diversion Act."

Section two of the bill amends article 27 of the environmental
conservation law by adding a new title 28 which would require that
covered food service establishments manage their excess unused food,
food scraps, and organic waste by minimizing their generation and then
diverting them from disposal by choosing from a series of options.
After minimizing generation, the highest waste prevention and
diversion priority would be donation of excess wholesome food to
programs feeding people faced with food insecurity. Additional methods
of prevention and diversion include providing food and food scraps as
animal feed, and processing remaining organics into soil amendment or

other useful products through composting, anaerobic digestion, and
other value-adding methods.

Pursuant to this bill, covered food service establishments includes
those operated by.State agencies, departments, boards, public benefit
corporations, public authorities, or commissions or their contractors
or lessees, that prepare and provide food directly to consumers, and
that generate, from food preparation and service as averaged over the
course of the previous ten weeks: beginning in 2016, over two thousand
pounds of food waste per week; beginning in 2018, over one thousand
pounds of food waste per week; and beginning in 2020, over five
hundred pounds of food waste per week.

This section also provides a process by which a covered food service
establishment may be granted a temporary waiver from complying with
that portion if the compliance cost with any portion of the food waste
prevention and diversion priorities is determined to be excessive.

Section two requires the Department of Environmental Conservation
(DEC) to promote the actions that covered food service establishments
are required to take, and to encourage the public to better manage
excess food, food scraps, and organic waste as well. The DEC is
authorized to collect and report information to promote improved food
and organic waste prevention and diversion.

Section three of the bill requires that state solid waste management
plans include information on current food and organic waste management
efforts and their capacity in the respective area of the planning
unit.

Section four of the bill establishes the effective date.

 JUSTIFICATION :

Food waste makes up approximately 14 percent of the municipal solid
waste generated each year in the United States, or about 34 million
tons, according to the U.S. Environmental Protection Agency. New York
State's December 2010 Solid Waste Management Plan, entitled "Beyond
Waste", included a recommendation for the state to demonstrate

sustainable materials management within its own operations,
specifically indicating organics recovery as a major component.

Under this bill, covered state food service establishments will be
required to divert organic materials from disposal in descending order
of priority, in line with the EPA's Food Recovery Hierarchy:  donation
to programs feeding people, especially the food insecure; providing
food and food scraps as animal feed; and finally, processing remaining
organic materials into useful value-added products for industry,
agriculture, horticulture, or other beneficial applications (e.g.
biodiesel, biogas, soaps, composts or other soil amendments)
(http://www.epa.gov/foodrecovery/).

Food waste prevention and organic waste diversion practices promotes
sustainable jobs. Requiring diversion of organic waste from landfills
by the largest state government generators of food waste, and their
contractors and lessees will help improve such practices. This bill
would require that certain facilities operated by state agencies or
their contractors recover excess foods and other organics residuals to
the extent practicable. This bill would prevent waste and divert
discarded organics from landfills.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S.6278 - Referred to Environmental Conservation

 FISCAL IMPACT ON THE STATE :

Facilities recovering organics may experience a slight cost in first
establishing programs with expected short-term return on investment
and long-term savings (primarily through reduced procurement and
disposal costs) as food preparation, sorting, and collection gain in
efficiency.

 EFFECTIVE DATE :
This act shall take effect on the first of the month following the one
hundred eightieth day after it shall have become a law.

2017-S3418 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3418
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 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".
   §  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.
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07514-01-7

 S. 3418                             2
 
 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.
   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 EIGHTEEN AND TWO THOUSAND NINETEEN, OVER TWO THOU-
 SAND POUNDS OF FOOD WASTE PER WEEK;
   (II) IN TWO THOUSAND TWENTY AND  TWO  THOUSAND  TWENTY-ONE,  OVER  ONE
 THOUSAND POUNDS OF FOOD WASTE PER WEEK; AND
   (III)  IN  TWO  THOUSAND  TWENTY-TWO 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.
 § 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

 S. 3418                             3
 
   (II)  FOR  MANAGEMENT OF ORGANIC WASTES PURSUANT TO SUBPARAGRAPH (III)
 OF PARAGRAPH (B) OF THIS SUBDIVISION, BY TAKING ACTIONS  TO  (A)  SOURCE
 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.
 § 27-2805. POWERS OF AGENCIES.
   ANY  AGENCY  MAY PROMULGATE REGULATIONS TO TAKE ANY AND ALL REASONABLE
 ACTIONS NECESSARY TO IMPLEMENT AND ENFORCE THIS TITLE.
   § 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:

 S. 3418                             4
 
   (c)  Such  plan  shall  take  into account the objectives of the state
 solid waste management policy, provide for or take into account  manage-
 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.
   §  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.

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Senate Bill S3418

Sponsored By

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

co-Sponsors

2017-S3418 (ACTIVE) - Details

2017-S3418 (ACTIVE) - Summary

2017-S3418 (ACTIVE) - Sponsor Memo

2017-S3418 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3418

Share this bill

Sponsored By

Kevin S. Parker

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

co-Sponsors

Tony Avella

Jamaal T. Bailey

Jesse Hamilton

2017-S3418 (ACTIVE) - Details

2017-S3418 (ACTIVE) - Summary

2017-S3418 (ACTIVE) - Sponsor Memo

2017-S3418 (ACTIVE) - Bill Text download pdf

Comments