S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3672
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2019
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, GALEF, L. ROSENTHAL, STIRPE, ARROYO,
   STECK,  OTIS,  COLTON, GOTTFRIED, GLICK -- Multi-Sponsored by -- M. of
   A. THIELE -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07672-01-9

 A. 3672                             2
 
 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:
                                 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.

 A. 3672                             3
 
   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
 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-TWO:
   (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-THREE,
 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.

 A. 3672                             4
 
 § 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
 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-TWO, 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-ONE  AND  ANNUALLY
 THEREAFTER,  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-

 A. 3672                             5
 
 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)
 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-THREE, 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 MATERI-
 ALS, 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.