NY State Senate Bill 2021-S5893

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
Jan 05, 2022	referred to environmental conservation
Mar 22, 2021	referred to environmental conservation

2021-S5893 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 32 §§27-3201 - 27-3209, En Con L; add §92-kk, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7825
2023-2024: S4938

2021-S5893 (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.

2021-S5893 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5893

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:

2019-20: S7825- Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The act shall take effect immediately

2021-S5893 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5893
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 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 32 to read as follows:
                                 TITLE 32
               FOOD SERVICE PACKAGING RECYCLING FUNDING ACT
 SECTION 27-3201. DEFINITIONS.
         27-3203. FOOD SERVICE PACKAGING RECYCLING FEES.
         27-3205. RECOVERY RATES.
         27-3207. ADVISORY COUNCIL.
         27-3209. EXCLUSIONS.
 § 27-3201. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10264-01-1

 S. 5893                             2
 
 BEVERAGE CONTAINERS OR SINGLE-USE DISPOSABLE ITEMS,  INCLUDING  BUT  NOT
 LIMITED TO, PLASTIC BAGS OR SINGLE-USE PACKAGING FOR UNPREPARED FOODS.
 § 27-3203. FOOD SERVICE PACKAGING RECYCLING FEES.
   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-KK 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.
 § 27-3205. RECOVERY RATES.
   NO  LATER  THAN  JULY  FIRST, TWO THOUSAND TWENTY-FIVE, 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  27-3203
 OF  THIS  TITLE, SHALL INCREASE TO FIVE-TENTHS OF ONE CENT PER CONTAINER
 ON JANUARY FIRST, TWO THOUSAND TWENTY-SIX.
 § 27-3207. 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.
 § 27-3209. 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 TWENTY-ONE, 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-kk to
 read as follows:
   §  92-KK.  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 27-3203 OF THE ENVIRONMENTAL CONSER-
 VATION LAW AND ANY COST RECOVERIES OR OTHER REVENUES COLLECTED  PURSUANT

 S. 5893                             3
 
 TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSER-
 VATION  LAW,  AND  ANY  OTHER MONIES DEPOSITED INTO THE FUND PURSUANT TO
 LAW.
   3.  MONIES  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE USED FOR FOOD SERVICE PACKAGING MATERIAL RECYCLING PURSUANT  TO
 TITLE  THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVA-
 TION LAW, AND EXPENDED FOR THE PURPOSES AS SET FORTH IN SECTION  27-3203
 OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 5. This act shall take effect immediately.

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Senate Bill S5893

Sponsored By

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

2021-S5893 (ACTIVE) - Details

2021-S5893 (ACTIVE) - Summary

2021-S5893 (ACTIVE) - Sponsor Memo

2021-S5893 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5893

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Sponsored By

Kevin S. Parker

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

2021-S5893 (ACTIVE) - Details

2021-S5893 (ACTIVE) - Summary

2021-S5893 (ACTIVE) - Sponsor Memo

2021-S5893 (ACTIVE) - Bill Text download pdf

Comments