BILL NUMBER: S6018

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend chapter 963 of the laws of 2021 amending the environ-
mental conservation law relating to supermarkets providing excess edible
food to food relief organizations, in relation to extending the effec-
tiveness of certain provisions thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to extend the environmental conservation law
provisions that facilitate the donation of food from supermarkets to
food relief organizations and diverts edible excess food from landfills
that expires December 31, 2021.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 6 of chapter 63 of the laws of 2021
amending the environmental conservation law relating to supermarkets
              

providing excess edible food to food relief organizations by extending
the effectiveness of section four to December 31, 2026 at which time it
shall expire and be deemed repealed.

Section 2 is the effective date.

 
JUSTIFICATION:

Hunger is a pervasive problem in America, and has been exacerbated by
the COVID-19 pandemic. An estimated 2.3 million New Yorkers face hunger
and food insecurity.

In recognition of this, in February 2021, the environmental conservation
law was amended to require retail supermarkets in excess of ten thousand
square feet to make available excess edible food to food relief organ-
izations if requested in writing under certain conditions. While such
supermarkets are required to participate, they are not required to
provide a specific quantity of food or transport and distribute such
food. This law will expire on December 31, 2021.

It was thought, at the time, that the food donation provisions would be
covered by Environmental Conservation Law Article 27- Food Donation and
Food Scraps Law enacted in the 2019 budget, effective as of January 1,
2022. However, this law will only require large food generators that
generate food scraps of two tons (4,000 pounds) or mote each week to
donate excess edible food and recycle all remaining food scraps. While
laudable in its goals, by making this law applicable to large food
generators only (higher educational institutions, hotels, correctional
facilities, large supermarkets and sports or entertainment venues),
local supermarkets in villages, towns, and counties throughout the State
will no longer be required to donate excess edible food as intended by
the law passed in 2021.

This legislation will extend for five years the excess edible food law
passed in 2021 and help ensure continued food donations to local and
community-based food relief organizations while also reducing the amount
of food waste diverted to solid waste landfills.

Making excess food available to local and community-based food relief
organizations will help address food insecurity in our state without
additional costs to participating supermarkets. Additionally; supermar-
kets that make excess food available as outlined in the initial legis-
lation receive the liability protections offered by the federal Bill
Emerson Good Samaritan Food Donation Act.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation

 
EFFECTIVE DATE:
This act shall take effect immediately; and section four shall expire
December 31, 2026.

                                
 
BILL NUMBER: S6018a

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend chapter 63 of the laws of 2021 amending the environ-
mental conservation law relating to supermarkets providing excess edible
food to food relief organizations, in relation to extending the effec-
tiveness of certain provisions thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to extend the environmental conservation law
provisions that facilitate the donation of food from supermarkets to
food relief organizations and diverts edible excess food from landfills
that expires December 31, 2021.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 6 of chapter 63 of the laws of 2021
amending the environmental conservation law relating to supermarkets
              

providing excess edible food to food relief organizations by extending
the effectiveness of section four to December 31, 2028 at which time it
shall expire and be deemed repealed.

Section 2 is the effective date.

 
JUSTIFICATION:

Hunger is a pervasive problem in America, and has been exacerbated by
the COVID-19 pandemic. An estimated 2.3 million New Yorkers face hunger
and food insecurity. In recognition of this, in February 2021, the envi-
ronmental conservation law was amended to require retail supermarkets in
excess of ten thousand square feet to make available excess edible food
to food relief organizations if requested in writing under certain
conditions. While such supermarkets are required to participate, they
are not required to provide a specific quantity of food or transport and
distribute such food. This law will expire on December 31, 2021. It was
thought, at the time, that the food donation provisions would be covered
by Environmental Conservation Law Article 27-Food Donation and Food
Scraps Law enacted in the 2019 budget, effective as of January 1, 2022.
However, this law will only require large food generators that generate
food scraps of two tons (4,000 pounds) or mote each week to donate
excess edible food and recycle all remaining food scraps. While laudable
in its goals, by making this law applicable to large food generators
only (higher educational institutions, hotels, correctional facilities,
large supermarkets and sports or entertainment venues), local supermar-
kets in villages, towns, and counties throughout the State will no long-
er be required to donate excess edible food as intended by the law
passed in 2021. This legislation will extend for five years the excess
edible food law passed in 2021 and help ensure continued food donations
to local and community-based food relief organizations while also reduc-
ing the amount of food waste diverted to solid waste landfills.

Making excess food available to local and community-based food relief
organizations will help address food insecurity in our state without
additional costs to participating supermarkets. Additionally, supermar-
kets that make excess food available as outlined in the initial legis-

lation receive the liability protections offered by the federal Bill
Emerson Good Samaritan Food Donation Act.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; and section four shall expire
December 31, 2026.