S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2158
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 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 provide curbside
   composting collection sites
 
   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. CURBSIDE COMPOSTING COLLECTION. 1. FOR  THE  PURPOSE  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (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) "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-
 TY, OR OTHER TREATMENT SYSTEM, MUST BE USED IN A BENEFICIAL MANNER AS  A
 SOIL AMENDMENT AND SHALL NOT BE DISPOSED OF OR INCINERATED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05800-01-3
 A. 2158                             2
              

 
   (C)  "INCINERATOR"  SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
 72-0401 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (D)  "LANDFILL"  SHALL  HAVE  THE  SAME MEANING AS PROVIDED IN SECTION
 72-0401 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (E) "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 CURBSIDE
 COMPOSTING COLLECTION SITES IN THE CITY. FOR EVERY FIVE THOUSAND PEOPLE,
 THERE SHALL BE AT LEAST ONE CURBSIDE COMPOSTING COLLECTION SITE.    SUCH
 CURBSIDE COMPOSTING COLLECTION SITES 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; 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 BI-WEEKLY COLLECTION DAYS FOR SUCH CURBSIDE COMPOSTING
 COLLECTION SITES;
   (B) ARRANGE FOR COMPOSTABLE WASTE TO BE TRANSPORTED  AND/OR  PROCESSED
 SEPARATELY FROM GARBAGE AND RECYCLING; AND
   (C) REGULATE ORGANICS RECYCLERS TO ENSURE THAT THEIR ACTIVITIES DO NOT
 IMPAIR WATER QUALITY OR OTHERWISE HARM HUMAN HEALTH AND THE ENVIRONMENT.
   4.  (A)  ANY  WASTE  TRANSPORTER THAT COLLECTS ORGANIC WASTE FROM SUCH
 CURBSIDE COMPOSTING COLLECTION SITES 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.
   § 2. This act shall take effect immediately.