S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4788
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced by M. of A. ROZIC, ABINANTI, ENGLEBRIGHT, JAFFEE -- read once
   and referred 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 and local government  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 AND LOCAL GOVERNMENT FOOD WASTE PREVENTION AND DIVERSION
                                    ACT
 SECTION 27-2801. DEFINITIONS.
         27-2803. REQUIRED STATE  AND  MUNICIPAL  FOOD  SERVICE  ORGANICS
                    WASTE MANAGEMENT.
         27-2805. POWERS OF MUNICIPALITIES.
 § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01321-01-9
              

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   3.  "CONTRACTORS"  AND  "LESSEES" MEAN ANY PERSON OR ENTITY THAT HAS A
 CONTRACT WITH AN AGENCY, MUNICIPALITY  OR  LOCAL  EDUCATION  AGENCY  FOR
 PUBLIC  WORKS  OR IMPROVEMENTS TO BE PERFORMED, FOR A FRANCHISE, CONCES-
 SION OR LEASE OF PROPERTY, FOR GRANT MONIES OR  GOODS  AND  SERVICES  OR
 SUPPLIES  TO  BE PURCHASED AT THE EXPENSE OF THE AGENCY, MUNICIPALITY OR
 LOCAL EDUCATION 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, MUNICIPALITY OR LOCAL EDUCATION 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, MUNICIPALITY, LOCAL EDUCATION AGENCY,
 OR  ANY CONTRACTOR OR LESSEE OF AN AGENCY, MUNICIPALITY, OR LOCAL EDUCA-
 TION AGENCY;
   (B) IT GENERATES, FROM ITS FOOD PREPARATION AND SERVICE,  AS  AVERAGED
 OVER THE COURSE OF THE PREVIOUS TEN WEEKS:
   (I)  IN  TWO THOUSAND NINETEEN AND TWO THOUSAND TWENTY, OVER TWO THOU-
 SAND POUNDS OF FOOD WASTE PER WEEK;
   (II) IN TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-TWO, OVER  ONE
 THOUSAND POUNDS OF FOOD WASTE PER WEEK; AND
   (III)  IN  TWO THOUSAND TWENTY-THREE 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 ON OR OFF THE PREMISES. "COVERED FOOD SERVICE
 ESTABLISHMENTS" SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  THE  FOLLOWING
 WHICH  ALSO MEET THE CONDITIONS OF THIS PARAGRAPH AND PARAGRAPHS (A) AND
 (B) OF THIS SUBDIVISION: FULL-SERVICE  RESTAURANTS,  FAST  FOOD  RESTAU-
 RANTS, 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.  "LOCAL EDUCATION AGENCY" MEANS A SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, COMMUNITY COLLEGE, AGRICULTURAL AND  TECHNI-
 CAL  COLLEGE,  STATE  UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY AND A
 CENTER FOR ADVANCED TECHNOLOGY  DESIGNATED  PURSUANT  TO  SECTION  THREE
 THOUSAND  ONE  HUNDRED  TWO-A  OF  THE PUBLIC AUTHORITIES LAW, AND OTHER
 POSTSECONDARY PROVIDER OF CAREER EDUCATION AS SET FORTH ANNUALLY BY  THE
 COMMISSIONER  AS ELIGIBLE RECIPIENTS UNDER THE FEDERAL VOCATIONAL EDUCA-
 TION ACT OF NINETEEN HUNDRED EIGHTY-FOUR.
   7. "MUNICIPALITY" MEANS A VILLAGE,  TOWN,  CITY,  OR  COUNTY,  OR  ANY
 DESIGNATED AGENCY THEREOF.
   8. "ORGANIC" MEANS MATERIALS PRODUCED BY OR FROM LIVING ORGANISMS.
   9.  "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 AND  MUNICIPAL  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-

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 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
   (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 ITS MUNICI-
 PALITY, PLANNING UNIT, OR THE DEPARTMENT, 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  MANAG-
 ING SUCH MATERIALS, OR FINANCING 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-

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 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 MUNICIPALITIES.
   ANY AGENCY, MUNICIPALITY OR  LOCAL  EDUCATION  AGENCY  MAY  PROMULGATE
 REGULATIONS,  ORDINANCES, OR LAWS TO TAKE ANY AND ALL REASONABLE ACTIONS
 NECESSARY TO IMPLEMENT AND ENFORCE THIS TITLE. THIS TITLE DOES NOT LIMIT
 THE AUTHORITY OF A LOCAL GOVERNMENTAL AGENCY TO  ADOPT,  IMPLEMENT,  OR,
 ENFORCE  REQUIREMENTS  ON  MANAGEMENT  OF  EXCESS FOOD, FOOD SCRAPS, AND
 ORGANIC WASTE THAT ARE MORE STRINGENT OR COMPREHENSIVE THAN THE REQUIRE-
 MENTS OF 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:
   (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 THE PLANNING UNIT, OR ANY OF THE MUNICI-
 PALITIES THEREIN, TO FACILITATE, PARTICIPATE, OR ASSIST IN  THE  MANAGE-
 MENT  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 REDUCING 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.