NY State Senate Bill 2019-S7825

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
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 25, 2020	referred to environmental conservation

2019-S7825 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3009, En Con L; add §92-ii, St Fin L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5893
2023-2024: S4938

2019-S7825 (ACTIVE) - Summary

Enacts the "food service packaging recycling funding act" in order to provide sustainable funding to increase the state's infrastructure investment for the diversion of food service packaging materials from disposal, assist in establishing domestic end-use markets for recovered food service packaging materials and reduce litter and marine debris attributable to food service packaging materials.

2019-S7825 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7825

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law and the state finance
law, in relation to enacting the "food service packaging recycling fund-
ing act"

 
PURPOSE:

The proposed legislation will provide funding to increase investment for
infrastructures that will help divert food-service packaging materials
from disposals, and reduce litter and aquatic debris that are attribut-
able to food-service packaging.

 
SUMMARY OF PROVISIONS:

Section 1 provides the short title, the food service packaging recycling
funding act.

Section 2 provides the legislative intent of the bill, which is to
improve and expand recycling infrastructure.

Section 3 establishes title 30 of the environmental conservation law.
The act provides that the Department of Environmental Conservation (DEC)
shall collect an advance recycling-fee at the rate of three-tenths of
one cent per container on all food service packaging provided by
manufacturer or distributer at the first point of sale in the state. The
fees collected by the DEC shall be used to create and enhance the recy-
cling infrastructure for food-service packaging material, and to provide
financial assistance to local government to assist in recycling educa-
tion and litter reduction. Additionally, the DEC shall not utilize more
than five percent of the fee collected for administrative purposes.

Section 4 adds a new section, 92-ii, to the state finance law. The State
Comptroller and the commissioner of taxation and finance shall hold
joint custody of the "food service packaging recycling fund."

Section 5 provides that the act shall take effect immediately.

 
JUSTIFICATION:

Although food packaging protects food quality and safety, food packaging
also brings harm to our environment and therefore our natural resources.
As the demand for convenience food increases, the demand for environ-
mentally friendly packaging will increases as well.  According to the
E.P.A., containers and packaging alone contribute over 23 percent of
landfills in the U.S. The waste pollutes our land and our beaches, which
effects aquatic life, tourism, and other resources. The impact of pack-
aging on our environment include soil degradation and water pollution.
The proposed legislation will help to fund a statewide recycling and
composting infrastructure, and provide upgrades to existing infrastruc-
ture, so that this State will be able properly recycle food-service
packaging materials.

 
LEGISLATIVE HISTORY:

New Bill
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The act shall take effect immediately

2019-S7825 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7825
 
                             I N  S E N A T E
 
                             February 25, 2020
                                ___________
 
 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 and the state finance
   law, in relation to enacting the  "food  service  packaging  recycling
   funding act"
 
   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 "food service packaging recycling funding act".
   §  2. Legislative intent. Recognizing that most food service packaging
 is not recycled or composted with the state's  existing  infrastructure,
 it  is  the  intent of the legislature to provide sustainable funding to
 increase infrastructure investment for the  diversion  of  food  service
 packaging  materials from disposal, assist in establishing domestic end-
 use markets for recovered food service packaging  materials  and  reduce
 litter  and marine debris attributable to food service packaging materi-
 als.
   § 3. Article 27 of the environmental conservation law  is  amended  by
 adding a new title 30 to read as follows:
                                 TITLE 30
               FOOD SERVICE PACKAGING RECYCLING FUNDING ACT
 SECTION 27-3001. DEFINITIONS.
         27-3003. FOOD SERVICE PACKAGING RECYCLING FEES.
         27-3005. RECOVERY RATES.
         27-3007. ADVISORY COUNCIL.
         27-3009. EXCLUSIONS.
 § 27-3001. DEFINITIONS.
   FOR  THE  PURPOSE OF THIS TITLE, "FOOD SERVICE PACKAGING" SHALL MEAN A
 PRODUCT USED FOR SERVING OR TRANSPORTING PREPARED, READY-TO-CONSUME FOOD
 OR BEVERAGES, INCLUDING BUT NOT LIMITED TO, PLATES, BOWLS, CUPS,  TRAYS,
 AND  HINGED  OR  LIDDED  CONTAINERS.  SUCH  DEFINITION SHALL NOT INCLUDE
 BEVERAGE CONTAINERS OR SINGLE-USE DISPOSABLE ITEMS,  INCLUDING  BUT  NOT
 LIMITED TO, PLASTIC BAGS OR SINGLE-USE PACKAGING FOR UNPREPARED FOODS.
 § 27-3003. FOOD SERVICE PACKAGING RECYCLING FEES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15475-01-0

 S. 7825                             2
 
   1. ADVANCED RECYCLING FEE. AN ADVANCED RECYCLING FEE IS HEREBY IMPOSED
 AT  A RATE OF THREE-TENTHS OF ONE CENT PER CONTAINER ON ALL FOOD SERVICE
 PACKAGING PROVIDED BY A MANUFACTURER OR DISTRIBUTOR AT THE  FIRST  POINT
 OF  SALE IN THE STATE. SUCH FEE SHALL BE COLLECTED BY THE DEPARTMENT AND
 DEPOSITED  INTO  THE  FOOD  SERVICE PACKAGING RECYCLING FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-II OF THE STATE FINANCE LAW.
   2. REVENUE DISBURSEMENT. (A) MONIES COLLECTED PURSUANT TO THIS SECTION
 SHALL BE USED BY THE DEPARTMENT EXCLUSIVELY FOR THE FOLLOWING PURPOSES:
   (I) TO CREATE AND ENHANCE THE  COLLECTION,  SORTATION  AND  PROCESSING
 INFRASTRUCTURE  FOR FOOD SERVICE PACKAGING MATERIAL RECYCLING, INCLUDING
 BUT NOT LIMITED TO, PROVIDING FINANCIAL ASSISTANCE TO  SITE  NEW  OR  TO
 EXPAND EXISTING RECYCLING OPERATIONS, INCREASING IN-STATE MATERIAL PROC-
 ESSING  CAPABILITIES  AND CREATING MARKETS FOR RECYCLED-CONTENT PRODUCTS
 AND THE USE OF COLLECTED FOOD SERVICE  PACKAGING  AS  FEEDSTOCK  IN  THE
 PRODUCTION OF NEW PRODUCTS; AND
   (II) TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL GOVERNMENTS TO ASSIST IN
 RECYCLING EDUCATION AND LITTER CLEANUP AND REDUCTION.
   (B)  THE  DEPARTMENT  SHALL  NOT UTILIZE MORE THAN FIVE PERCENT OF THE
 MONIES COLLECTED PURSUANT TO THIS SECTION FOR ADMINISTRATIVE PURPOSES.
 § 27-3005. RECOVERY RATES.
   NO LATER THAN JULY FIRST, TWO  THOUSAND  TWENTY-FOUR,  THE  DEPARTMENT
 SHALL  DETERMINE THE RECYCLING AND RECOVERY RATES FOR FOOD SERVICE PACK-
 AGING SOLD IN THE STATE. IF THE RECYCLING OF SUCH FOOD SERVICE PACKAGING
 HAS NOT ACHIEVED A TWENTY-FIVE PERCENT RECYCLING OR RECOVERY  RATE,  THE
 ADVANCED  RECYCLING  FEE, PURSUANT TO SUBDIVISION ONE OF SECTION 27-3003
 OF THIS TITLE, SHALL INCREASE TO FIVE-TENTHS OF ONE CENT  PER  CONTAINER
 ON JANUARY FIRST, TWO THOUSAND TWENTY-FIVE.
 § 27-3007. ADVISORY COUNCIL.
   1. THE DEPARTMENT SHALL CREATE A FOOD SERVICE PACKAGING MATERIAL RECY-
 CLING  ADVISORY  COUNCIL  TO  ADVISE THE DEPARTMENT ON HOW TO MOST EFFI-
 CIENTLY IMPLEMENT THE PROVISIONS OF THIS TITLE.
   2. THE COUNCIL SHALL CONSIST OF FIFTEEN INDIVIDUALS AND WILL  MEET  AT
 LEAST  QUARTERLY.  THE  COUNCIL SHALL ANNUALLY SELECT A CHAIRPERSON FROM
 ITS  MEMBERSHIP.  MEMBERSHIP  SHALL  INCLUDE  REPRESENTATIVES  FROM  THE
 FOLLOWING:    LOCAL  GOVERNMENTS,  RECYCLERS, MATERIAL RECOVERY FACILITY
 OPERATORS, WASTE HAULERS, ENVIRONMENTAL ORGANIZATIONS, RESTAURANTS, FOOD
 SERVICE PACKAGING MANUFACTURERS OR  SUPPLIERS,  AND  USERS  OF  RECYCLED
 MATERIALS.
 § 27-3009. EXCLUSIONS.
   ANY  CITY  AND  ANY  COUNTY,  OTHER THAN A COUNTY WHOLLY WITHIN SUCH A
 CITY, WHICH IMPLEMENTS OR ENFORCES A LOCAL LAW, ORDINANCE OR  RESOLUTION
 PROHIBITING  THE USE, SALE OR DISTRIBUTION OF ANY FOOD SERVICE PACKAGING
 THAT WAS ADOPTED AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,  SHALL  NOT
 BE ELIGIBLE TO RECEIVE ANY MONIES COLLECTED PURSUANT TO THIS TITLE.
   § 4. The state finance law is amended by adding a new section 92-ii to
 read as follows:
   §  92-II.  FOOD  SERVICE  PACKAGING RECYCLING FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "FOOD SERVICE PACKAGING RECYCLING FUND".
   2. SUCH FUND SHALL CONSIST OF  ALL  REVENUE  COLLECTED  FROM  ADVANCED
 RECYCLING  FEES PURSUANT TO SECTION 27-3003 OF THE ENVIRONMENTAL CONSER-
 VATION LAW AND ANY COST RECOVERIES OR OTHER REVENUES COLLECTED  PURSUANT
 TO  TITLE  THIRTY OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVA-
 TION LAW, AND ANY OTHER MONIES DEPOSITED INTO THE FUND PURSUANT TO LAW.

 S. 7825                             3
 
   3. MONIES OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
 SHALL  BE USED FOR FOOD SERVICE PACKAGING MATERIAL RECYCLING PURSUANT TO
 TITLE THIRTY OF ARTICLE TWENTY-SEVEN OF THE  ENVIRONMENTAL  CONSERVATION
 LAW,  AND  EXPENDED  FOR THE PURPOSES AS SET FORTH IN SECTION 27-3003 OF
 THE ENVIRONMENTAL CONSERVATION LAW.
   § 5. This act shall take effect immediately.

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Senate Bill S7825

Sponsored By

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

2019-S7825 (ACTIVE) - Details

2019-S7825 (ACTIVE) - Summary

2019-S7825 (ACTIVE) - Sponsor Memo

2019-S7825 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7825

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Sponsored By

Kevin S. Parker

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

2019-S7825 (ACTIVE) - Details

2019-S7825 (ACTIVE) - Summary

2019-S7825 (ACTIVE) - Sponsor Memo

2019-S7825 (ACTIVE) - Bill Text download pdf

Comments