S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2467
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing state and municipal composting programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 34 to read as follows:
                                 TITLE 34
                  STATE AND MUNICIPAL COMPOSTING PROGRAMS
 SECTION 27-3401. STATE AND MUNICIPAL COMPOSTING PROGRAMS.
 § 27-3401. STATE AND MUNICIPAL COMPOSTING PROGRAMS.
   1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "AGENCY"  MEANS  ANY  DEPARTMENT,  AGENCY,  BOARD, PUBLIC BENEFIT
 CORPORATION, PUBLIC AUTHORITY, OR COMMISSION;
   (B) "COMPOSTABLE" MEANS ALL THE MATERIALS  IN  THE  PRODUCT  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; AND
   (C) "MUNICIPAL" MEANS A VILLAGE, TOWN, CITY, OR COUNTY.
   2. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF  THIS  SECTION,  ALL
 STATE  AND  MUNICIPAL  AGENCIES  SHALL ESTABLISH A COMPOSTING PROGRAM IN
 BUILDINGS OWNED, OCCUPIED OR OPERATED BY SUCH AGENCIES THAT SHALL, AT  A
 MINIMUM:
   (A)  REQUIRE  THAT  ALL COMPOSTABLE WASTE INCLUDING BUT NOT LIMITED TO
 FOOD SCRAPS, PLANT TRIMMINGS, FOOD-SOILED PAPER AND CERTIFIED  COMPOSTA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00491-02-3
 A. 2467                             2
              

 
 BLE  PRODUCTS FROM GARBAGE AND OTHER RECYCLABLES BE SEPARATED AND PLACED
 IN LABELED CONTAINERS;
   (B) POST AND MAINTAIN SIGNS WITH INSTRUCTIONS ON IDENTIFYING AND SEPA-
 RATING COMPOSTABLE WASTE FROM GARBAGE AND RECYCLABLES;
   (C)  ENSURE  AGENCY EMPLOYEES PLACE COMPOSTABLE WASTE IN APPROPRIATELY
 LABELED CONTAINERS AND DO NOT MIX SUCH WASTE WITH  GARBAGE  OR  RECYCLA-
 BLES;
   (D)  ENSURE  CONTAINERS ARE LATCHED AT THE TIME OF STORAGE OR SET-OUT;
 AND
   (E) ARRANGE FOR COMPOSTABLE WASTE TO BE TRANSPORTED  AND/OR  PROCESSED
 SEPARATELY FROM GARBAGE AND RECYCLING.
   3.  EACH  STATE  AND  MUNICIPAL  AGENCY  MAY ARRANGE FOR COLLECTION OF
 COMPOSTABLE WASTE BY A PRIVATE CARTER, TRANSPORT SUCH  WASTE  ITSELF  OR
 PROCESS SUCH WASTE ON-SITE.
   4.  BEGINNING ONE YEAR AFTER THE ESTABLISHMENT OF THE PROGRAM PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION, AND ANNUALLY THEREAFTER, EACH  STATE
 AND  MUNICIPAL  AGENCY  SHALL  REPORT TO THE DEPARTMENT ON SUCH PROGRAM,
 INCLUDING, BUT NOT LIMITED  TO  (I)  THE  AMOUNT  OF  COMPOSTABLE  WASTE
 COLLECTED; AND (II) THE COSTS ASSOCIATED WITH SUCH PROGRAM.
   5. BY DECEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFT-
 ER,  THE  DEPARTMENT SHALL POST A REPORT ON ITS WEBSITE DETAILING AGENCY
 COMPOSTING PROGRAMS IN THE STATE. SUCH REPORT SHALL  INCLUDE  AN  EVALU-
 ATION  OF THE EFFECTIVENESS OF SUCH COMPOSTING PROGRAMS, AND INFORMATION
 ON COSTS AND COLLECTION RATES.
   § 2. This act shall take effect immediately.