S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5331--A
     Cal. No. 538
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sens. HARCKHAM, ADDABBO, BROUK, COONEY, HOYLMAN-SIGAL, MAY
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee  on  Environmental  Conservation  -- recommitted to the
   Committee on Environmental Conservation in accordance with Senate Rule
   6, sec. 8 -- reported favorably from said committee, ordered to  first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   expanding the food donation and food scraps recycling program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1  of  section  27-2201  of  the  environmental
 conservation  law, as added by section 2 of part SS of chapter 58 of the
 laws of 2019, is amended to read as follows:
   1. "Designated food scraps generator" means a person who generates  at
 a single location an annual average of two tons per week or more of food
 scraps  BETWEEN  JANUARY  FIRST,  TWO THOUSAND TWENTY-THREE AND DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AN ANNUAL AVERAGE OF ONE TON PER
 WEEK OR MORE OF FOOD SCRAPS BETWEEN JANUARY FIRST, TWO THOUSAND  TWENTY-
 SIX  AND DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, AND AN ANNUAL
 AVERAGE OF ONE-HALF TON PER WEEK OR MORE OF FOOD SCRAPS BEGINNING  JANU-
 ARY FIRST, TWO THOUSAND TWENTY-EIGHT AND THEREAFTER based on a methodol-
 ogy  established  by  the department pursuant to regulations, including,
 supermarkets, large food service businesses, higher  educational  insti-
 tutions, hotels, food processors, correctional facilities, and sports or
 entertainment  venues.  For  a  location  with multiple independent food
 service businesses, such as a mall or college campus, the entity respon-
 sible for contracting for solid waste hauling  services  is  responsible
 for managing food scraps from the independent businesses.
   § 2. The opening paragraph of paragraph (b) of subdivision 1 and para-
 graph  (a)  of  subdivision  3  of  section 27-2203 of the environmental
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09935-05-4
 S. 5331--A                          2
 
 conservation law, as added by section 2 of part SS of chapter 58 of  the
 laws of 2019, are amended to read as follows:
   except  as  provided in paragraph (c) of this subdivision, each desig-
 nated food scraps generator that is within [twenty-five] FIFTY miles  of
 an  organics  recycler,  to the extent that the recycler has capacity to
 accept all of such generator's food scraps  based  on  the  department's
 yearly  estimate  of  an organic recyclers' capacity pursuant to section
 27-2211 of this title, shall:
   (a) the designated food scraps generator does not meet the [two  tons]
 TONNAGE  per  week  threshold  PURSUANT  TO  SUBDIVISION  ONE OF SECTION
 27-2201 OF THIS TITLE;
   § 3.  The department of environmental conservation is  authorized  and
 directed  to  complete the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act no later than
 180 days after the date on which this act shall have become a law.
   § 4. This act shall take effect immediately; provided,  however,  that
 section two of this act shall take effect January 1, 2026.