S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4603--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC, PAULIN, LUPARDO, COLTON, ENGLEBRIGHT,
   GALEF, L. ROSENTHAL, OTIS, ABINANTI, FAHY,  STIRPE,  LIFTON,  SIMOTAS,
   WEPRIN,  GOTTFRIED,  SIMON  --  Multi-Sponsored  by  -- M. of A. COOK,
   DINOWITZ, GLICK, GRIFFIN, PERRY, THIELE -- read once and  referred  to
   the  Committee  on Environmental Conservation -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   polystyrene waste reduction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Article  27  of  the  environmental conservation law is
 amended by adding a new title 30 to read as follows:
 
                                 TITLE 30
                         POLYSTYRENE WASTE REDUCTION
 
 SECTION 27-3001. DEFINITIONS.
         27-3003. PROHIBITED DISPOSABLE FOOD SERVICE CONTAINERS.
         27-3005. REQUIRED  COMPOSTABLE  OR  RECYCLABLE  DISPOSABLE  FOOD
                    SERVICE CONTAINERS.
         27-3007. POWERS OF MUNICIPALITIES.
 
 § 27-3001. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01301-07-9

 A. 4603--A                          2

   3.  "COMPOSTABLE" MEANS ALL THE MATERIALS IN THE  PRODUCT  OR  PACKAGE
 MEET THE AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) INTERNATIONAL
 STANDARD  SPECIFICATION  FOR  COMPOSTABLE  PLASTICS D6400, AND WILL: (A)
 UNDERGO DEGRADATION BY BIOLOGICAL  PROCESSES  DURING  COMPOSTING  IN  AN
 APPROPRIATE  MUNICIPAL OR INDUSTRIAL COMPOSTING FACILITY TO YIELD CARBON
 DIOXIDE, WATER, INORGANIC COMPOUNDS, AND BIOMASS AT  A  RATE  CONSISTENT
 WITH  OTHER  KNOWN  COMPOSTABLE MATERIALS IN SIMILAR FACILITIES; 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.
   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 CONTAINER"` MEANS ALL  CONTAINERS,  BOWLS,
 PLATES,  TRAYS, CARTONS, CUPS, LIDS AND OTHER ITEMS THAT ARE DESIGNED OR
 GENERALLY RECOGNIZED BY THE PUBLIC AS BEING DESIGNED FOR ONE-TIME USE TO
 HOLD,  CONTAIN,  OR  TRANSPORT  FOODS,  INCLUDING  WITHOUT   LIMITATION,
 CONTAINERS  FOR  TAKEOUT  FOODS AND/OR LEFTOVERS FROM PARTIALLY CONSUMED
 MEALS PREPARED BY RETAIL FOOD VENDORS. THE TERM "DISPOSABLE FOOD SERVICE
 CONTAINERS" DOES NOT INCLUDE ITEMS  COMPOSED  ENTIRELY  OF  ALUMINUM  OR
 POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE INTENDED FOR REUSE.
   6.  "HOME COMPOSTABLE" MEANS ALL THE MATERIALS IN THE PRODUCT OR PACK-
 AGE CONFORM WITH THE VINCOTTE OK COMPOST HOME  CERTIFICATION  USING  THE
 EUROPEAN  NORM 13432 STANDARD, OR A COMPARABLE STANDARD AS DETERMINED BY
 THE DEPARTMENT, AND WILL: (A) UNDERGO DEGRADATION  BY  BIOLOGICAL  PROC-
 ESSES DURING COMPOSTING IN A HOME COMPOST PILE OR DEVICE TO YIELD CARBON
 DIOXIDE,  WATER,  INORGANIC  COMPOUNDS, AND BIOMASS AT A RATE CONSISTENT
 WITH OTHER KNOWN COMPOSTABLE MATERIALS IN SIMILAR  FACILITIES;  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.
   7. "MUNICIPALITY" MEANS A VILLAGE,  TOWN,  CITY,  OR  COUNTY,  OR  ANY
 DESIGNATED AGENCY THEREOF.
   8. "POLYSTYRENE FOAM" MEANS BLOWN POLYSTYRENE AND EXPANDED AND EXTRUD-
 ED  FOAMS  THAT  ARE  THERMOPLASTIC  PETROCHEMICAL MATERIALS UTILIZING A
 STYRENE MONOMER AND PROCESSED BY ANY NUMBER OF TECHNIQUES INCLUDING, BUT
 NOT LIMITED TO, FUSION OF POLYMER SPHERES, INJECTION MOLDING, FOAM MOLD-
 ING, AND EXTRUSION-BLOWN MOLDING.  POLYSTYRENE FOAM IS GENERALLY USED TO
 MAKE CUPS, BOWLS, PLATES, TRAYS, CLAMSHELL CONTAINERS,  MEAT  TRAYS  AND
 EGG CARTONS. SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.
   9. "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.
 § 27-3003. PROHIBITED DISPOSABLE FOOD SERVICE CONTAINERS.
   1.  AGENCIES,  MUNICIPALITIES, AND THEIR CONTRACTORS AND LESSEES SHALL
 NOT PURCHASE, ACQUIRE, POSSESS, SELL, USE, OR OFFER FOR  USE  DISPOSABLE
 FOOD SERVICE CONTAINERS THAT CONTAIN POLYSTYRENE.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES
 OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES

 A. 4603--A                          3
 
 OF  CONTRACTORS AND LESSEES THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES
 AND MUNICIPALITIES.
 §  27-3005.  REQUIRED  COMPOSTABLE OR RECYCLABLE DISPOSABLE FOOD SERVICE
                CONTAINERS.
   AGENCIES, MUNICIPALITIES, AND THEIR CONTRACTORS AND LESSEES SHALL  USE
 DISPOSABLE FOOD SERVICE CONTAINERS MADE FROM MATERIAL, OTHER THAN POLYS-
 TYRENE  FOAM, THAT IS COMPOSTABLE, HOME COMPOSTABLE OR RECYCLABLE UNLESS
 THERE IS NO AFFORDABLE COMPOSTABLE, HOME COMPOSTABLE OR RECYCLABLE PROD-
 UCT 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.
 § 27-3007. 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.
   §  2.  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.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the one  hundred  twentieth
 day after it shall have become a law.