S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1616
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Cities
 
 AN ACT to amend the general city law, in relation to  requiring  that  a
   city  with a population of one million or more shall establish a resi-
   dential composting program for all buildings with residential units

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  city law is amended by adding a new section
 20-h to read as follows:
   § 20-H. RESIDENTIAL COMPOSTING. 1. AS USED IN THIS SECTION:
   (A) "COMPOSTABLE WASTE" AND  "ORGANIC  WASTE"  SHALL  MEAN  MATERIALS,
 INCLUDING  BUT  NOT LIMITED TO FOOD SCRAPS, PLANT TRIMMINGS, FOOD-SOILED
 PAPER AND CERTIFIED COMPOSTABLE PRODUCTS, THAT WILL:
   (I) 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
   (II) 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.
   (B) "LATCHED CONTAINER" MEANS A SOLID CONTAINER THAT CAN  BE  FASTENED
 SUCH THAT ANIMALS SUCH AS RATS OR PIGEONS CANNOT BREAK INTO THE CONTAIN-
 ER.
   (C) "ORGANICS RECYCLER" MEANS A FACILITY, PERMITTED BY THE DEPARTMENT,
 THAT  RECYCLES ORGANIC WASTE THROUGH USE AS ANIMAL FEED OR A FEED INGRE-
 DIENT, RENDERING, LAND APPLICATION, COMPOSTING, AEROBIC DIGESTION, ANAE-
 ROBIC DIGESTION, FERMENTATION, OR  ETHANOL  PRODUCTION.  ANIMAL  SCRAPS,
 FOOD  SOILED PAPER, AND POST-CONSUMER FOOD SCRAPS ARE PROHIBITED FOR USE
 AS ANIMAL FEED OR AS A FEED INGREDIENT. THE PROPORTION  OF  THE  PRODUCT
 CREATED  FROM  ORGANIC  WASTE  BY  A  COMPOSTING  OR DIGESTION FACILITY,
 INCLUDING A WASTEWATER TREATMENT PLANT THAT OPERATES A DIGESTION FACILI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04081-01-3
 A. 1616                             2
              

 
 TY, OR OTHER TREATMENT SYSTEM, MUST BE USED IN A BENEFICIAL MANNER AS  A
 SOIL AMENDMENT AND SHALL NOT BE DISPOSED OF OR INCINERATED.
   (D)  "INCINERATOR"  SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
 72-0401 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (E) "LANDFILL" SHALL HAVE THE SAME  MEANING  AS  PROVIDED  IN  SECTION
 72-0401 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (F)  "TRANSFER  FACILITY"  MEANS  A  SOLID  WASTE MANAGEMENT FACILITY,
 WHETHER OWNED OR OPERATED BY A PRIVATE OR PUBLIC ENTITY,  OTHER  THAN  A
 RECYCLABLES  HANDLING  AND  RECOVERY  FACILITY,  USED OIL FACILITY, OR A
 CONSTRUCTION AND DEMOLITION  DEBRIS  PROCESSING  FACILITY,  WHERE  SOLID
 WASTE  IS  RECEIVED  FOR  THE  PURPOSE OF SUBSEQUENT TRANSFER TO ANOTHER
 SOLID WASTE MANAGEMENT  FACILITY  FOR  PROCESSING,  TREATING,  DISPOSAL,
 RECOVERY, OR FURTHER TRANSFER.
   2.  WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ANY CITY
 WITH A POPULATION OF ONE MILLION OR MORE SHALL ESTABLISH  A  RESIDENTIAL
 COMPOSTING PROGRAM FOR ALL BUILDINGS WITH RESIDENTIAL UNITS IN THE CITY.
 SUCH PROGRAM SHALL:
   (A) ENCOURAGE RESIDENTS TO SEPARATE COMPOSTABLE WASTE FROM GARBAGE AND
 OTHER RECYCLABLES AND PLACE THE COMPOSTABLE WASTE IN LABELED CONTAINERS;
   (B)  CONSISTENT WITH THE BEST WASTE COLLECTION PRACTICES TO AVOID ODOR
 AND VERMIN, ESTABLISH REQUIREMENTS FOR COMPOSTING CONTAINERS, LABELS AND
 LINER BAGS, INCLUDING A REQUIREMENT THAT CONTAINERS BE CAPABLE OF  BEING
 LATCHED; AND
   (C) PROVIDE COLLECTION AND EDUCATION RESOURCES FOR THE PUBLIC, INCLUD-
 ING  REGULAR  PERIODICAL GUIDANCE, TRAINING, UPDATES, SIGNAGE AND FLYERS
 FOR THE PURPOSES OF TEACHING  AND  RETAINING  EFFECTIVE  PROCEDURES  FOR
 SORTING MATERIALS FOR ORGANICS AND OTHER RECYCLING.
   3. EACH CITY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL:
   (A)  ARRANGE  FOR COMPOSTABLE WASTE TO BE TRANSPORTED AND/OR PROCESSED
 SEPARATELY FROM GARBAGE AND RECYCLING;
   (B) REGULATE ORGANICS RECYCLERS TO ENSURE THAT THEIR ACTIVITIES DO NOT
 IMPAIR WATER QUALITY OR OTHERWISE HARM HUMAN HEALTH AND THE ENVIRONMENT;
 AND
   (C) ESTABLISH A FINE PROGRAM FOR BUILDING OWNERS AND MANAGERS  WHO  DO
 NOT COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
   4.  EACH  CITY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL PROMUL-
 GATE RULES REQUIRING, AT A MINIMUM, THAT WITHIN SIX MONTHS OF  THE  DATE
 OF ESTABLISHMENT OF THE PROGRAM:
   (A)  RESIDENTIAL  BUILDING  OWNERS  OR MANAGERS, INCLUDING RESIDENTIAL
 BUILDINGS MANAGED BY A MUNICIPAL OR STATE AGENCY, MUST HAVE ONE OR  MORE
 COMPOSTING  AREAS  FOR  THE STORAGE OF DESIGNATED ORGANIC WASTE PRIOR TO
 COLLECTION;
   (B) COMPOSTING AREAS MUST BE REASONABLY ACCESSIBLE TO RESIDENTS UNLESS
 ORGANIC WASTE IS COLLECTED DIRECTLY FROM INDIVIDUAL  DWELLING  UNITS  BY
 BUILDING STAFF;
   (C) COMPOSTING AREAS MUST BE WITHIN THE BUILDING, UNLESS NO REASONABLY
 ACCESSIBLE  AREA  IS AVAILABLE, IN WHICH CASE THE COMPOSTING AREA CAN BE
 IN AN ACCESSIBLE AREA BEHIND THE PROPERTY LINE;
   (D) COMPOSTING AREAS MUST BE  MAINTAINED  BY  THE  BUILDING  OWNER  OR
 MANAGER  AND DESIGNATED ORGANIC WASTE MATERIALS MUST BE STORED SO AS NOT
 TO CREATE A NUISANCE OR SANITARY PROBLEM;
   (E) RESIDENTIAL BUILDING OWNERS OR MANAGERS  MUST  POST  AND  MAINTAIN
 LABELS  AND SIGNS CREATED BY THE MUNICIPALITY WITH INSTRUCTIONS ON IDEN-
 TIFYING AND SEPARATING COMPOSTABLE WASTE FROM GARBAGE  AND  RECYCLABLES;
 AND
 A. 1616                             3
 
   (F) BUILDING OWNERS AND MANAGERS MUST ENSURE CONTAINERS ARE LATCHED AT
 THE  TIME  OF STORAGE OR SET-OUT AND THAT CONTAINERS ARE CONSISTENT WITH
 REGULATIONS SET FORTH BY THE MUNICIPALITY.
   5.  (A) BEGINNING ONE YEAR AFTER THE ESTABLISHMENT OF THE PROGRAM, AND
 ANNUALLY THEREAFTER, EACH LOCAL GOVERNMENT SUBJECT TO THIS SECTION SHALL
 SUBMIT A REPORT SUMMARIZING THE PROGRESS OF THE  RESIDENTIAL  COMPOSTING
 PROGRAM  TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, INCLUDING, BUT
 NOT LIMITED TO:
   (I) THE AMOUNT OF COMPOSTABLE WASTE COLLECTED; AND
   (II) THE COSTS ASSOCIATED WITH SUCH PROGRAM.
   (B) BY THE YEAR TWO THOUSAND TWENTY-FOUR, AND ANNUALLY THEREAFTER, THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL  POST  A  REPORT  ON  ITS
 WEBSITE  DETAILING  COMPOSTING  PROGRAMS IN THE STATE. SUCH REPORT SHALL
 INCLUDE AN  EVALUATION  OF  THE  EFFECTIVENESS  OF  COMPOSTING  PROGRAMS
 REQUIRED BY THIS SECTION, AND INFORMATION ON COSTS AND COLLECTION RATES.
   6.  (A) ANY WASTE TRANSPORTER THAT COLLECTS ORGANIC WASTE FROM A RESI-
 DENTIAL BUILDING SHALL:
   (I) DELIVER ORGANIC WASTE TO A TRANSFER  FACILITY  THAT  WILL  DELIVER
 SUCH ORGANIC WASTE TO AN ORGANICS RECYCLER; OR
   (II) DELIVER SUCH ORGANIC WASTE DIRECTLY TO AN ORGANICS RECYCLER.
   (B)  ANY  WASTE TRANSPORTER THAT TRANSPORTS ORGANIC WASTE FROM A RESI-
 DENTIAL FACILITY SHALL TAKE ALL REASONABLE PRECAUTIONS  TO  NOT  DELIVER
 THE  ORGANIC  WASTE  TO  AN  INCINERATOR OR A LANDFILL NOR COMMINGLE THE
 MATERIAL WITH ANY OTHER SOLID WASTE UNLESS SUCH COMMINGLED WASTE CAN  BE
 PROCESSED BY AN ORGANICS RECYCLER.
   7.  EVERY CITY HAVING A POPULATION OF ONE MILLION OR MORE WHICH ESTAB-
 LISHES AND IMPLEMENTS AN ORGANIC WASTE RECOVERY PROGRAM PURSUANT TO THIS
 SECTION SHALL BE ELIGIBLE TO APPLY FOR  STATE  ASSISTANCE  FOR  A  WASTE
 REDUCTION  PROJECT PURSUANT TO  TITLE SEVEN OF ARTICLE FIFTY-FOUR OF THE
 ENVIRONMENTAL CONSERVATION LAW.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect immediately.