Bill Text: NY A09959 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the state and local government food waste reduction act; requires facilities generating food waste in excess of one hundred pounds per week to take measures to minimize such waste.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-11-05 - print number 9959a [A09959 Detail]
Download: New_York-2013-A09959-Introduced.html
Bill Title: Enacts the state and local government food waste reduction act; requires facilities generating food waste in excess of one hundred pounds per week to take measures to minimize such waste.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-11-05 - print number 9959a [A09959 Detail]
Download: New_York-2013-A09959-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9959 I N A S S E M B L Y June 3, 2014 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kavanagh, Englebright, Jaffee) -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to state and municipal food service donation and recovery THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "State and Municipal Food Service Donation and Recovery Act". 3 S 2. Article 27 of the environmental conservation law is amended by 4 adding a new title 28 to read as follows: 5 TITLE 28 6 STATE AND MUNICIPAL FOOD SERVICE DONATION AND RECOVERY ACT 7 SECTION 27-2801. DEFINITIONS. 8 27-2803. REQUIRED STATE AND MUNICIPAL FOOD SERVICE ORGANICS 9 WASTE MANAGEMENT. 10 27-2805. POWERS OF MUNICIPALITIES. 11 S 27-2801. DEFINITIONS. 12 FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE 13 FOLLOWING MEANINGS: 14 1. "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT 15 CORPORATION, PUBLIC AUTHORITY, OR COMMISSION. 16 2. "COMPOSTABLE" MEANS ALL THE MATERIALS IN THE PRODUCT OR PACKAGE 17 WILL (A) UNDERGO DEGRADATION BY BIOLOGICAL PROCESSES DURING COMPOSTING 18 TO YIELD CARBON DIOXIDE, WATER, INORGANIC COMPOUNDS, AND BIOMASS AT A 19 RATE CONSISTENT WITH OTHER KNOWN COMPOSTABLE MATERIALS AND (B) LEAVE NO 20 VISIBLE, DISTINGUISHABLE OR TOXIC RESIDUE, INCLUDING NO ADVERSE IMPACT 21 ON THE ABILITY OF COMPOSTS TO SUPPORT PLANT GROWTH ONCE THE FINISHED 22 COMPOST IS PLACED IN SOIL. 23 3. "CONTRACTORS" AND "LESSEES" MEAN ANY PERSON OR ENTITY THAT HAS A 24 CONTRACT WITH AN AGENCY OR A MUNICIPALITY FOR PUBLIC WORKS OR IMPROVE- 25 MENTS TO BE PERFORMED, FOR A FRANCHISE, CONCESSION OR LEASE OF PROPERTY, 26 FOR GRANT MONIES OR GOODS AND SERVICES OR SUPPLIES TO BE PURCHASED AT 27 THE EXPENSE OF THE AGENCY OR MUNICIPALITY OR TO BE PAID OUT OF MONIES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15359-01-4 A. 9959 2 1 DEPOSITED IN THE TREASURY OR OUT OF TRUST MONIES UNDER THE CONTROL OR 2 COLLECTED BY THE AGENCY OR MUNICIPALITY. 3 4. "EXCESS FOOD" MEANS FOOD THAT IS NOT REQUIRED TO MEET THE NEEDS OF 4 THE AGENCY, MUNICIPALITY, OR CONTRACTOR OR LESSEE OF THE AGENCY OR MUNI- 5 CIPALITY. 6 5. "MUNICIPALITY" MEANS A VILLAGE, TOWN, CITY, OR COUNTY, OR ANY 7 DESIGNATED AGENCY THEREOF. 8 6. "ORGANIC" MEANS MATERIALS PRODUCED BY OR FROM LIVING ORGANISMS. 9 S 27-2803. REQUIRED STATE AND MUNICIPAL FOOD SERVICE ORGANICS WASTE 10 MANAGEMENT. 11 1. ANY FACILITY OPERATED BY AN AGENCY, MUNICIPALITY, OR ANY CONTRACTOR 12 OR LESSEE OF AN AGENCY OR MUNICIPALITY, WHICH SERVES PREPARED FOODS, AND 13 GENERATES OVER ONE HUNDRED POUNDS PER WEEK OF SOLID WASTE FROM ITS FOOD 14 PREPARATION AND SERVICE OPERATIONS AS AVERAGED OVER THE COURSE OF TEN 15 WEEKS, SHALL, GIVEN ALL NECESSARY ACTIONS TO PERFORM ITS FUNCTION, DO 16 THE FOLLOWING: 17 (A) TAKE ALL AVAILABLE AND PRACTICABLE MEASURES TO MINIMIZE ITS GENER- 18 ATION OF EXCESS, UNUSED FOODS IN ADDITION TO FOOD SCRAPS AND RESIDUALS 19 INCLUDING, BUT NOT LIMITED TO, FOOD TRIMMINGS AND PACKAGING; 20 (B) TO THE GREATEST EXTENT PRACTICABLE, REDUCE THE NEED FOR DISPOSAL 21 OF ITS GENERATED EXCESS, UNUSED FOOD, FOOD SCRAPS AND ANY OTHER COMPOST- 22 ABLE OR ORGANIC FRACTION OF ITS RESIDUAL MATERIALS, BY PROVIDING IT FOR 23 THE FOLLOWING PURPOSES, IN DESCENDING ORDER OF PRIORITY: 24 (I) FEEDING OR DISTRIBUTING EXCESS, UNUSED, APPARENTLY WHOLESOME FOOD 25 TO POOR AND DISADVANTAGED PEOPLE SUCH AS THROUGH LOCAL VOLUNTARY COMMU- 26 NITY NOT-FOR-PROFIT FOOD ASSISTANCE PROGRAMS; 27 (II) FEEDING EXCESS, UNUSED FOOD, OR FOOD SCRAPS TO ANIMALS AS FEED; 28 (III) COMPOSTING, ANAEROBIC DIGESTION, OR OTHER PROCESSING OF FOOD, 29 FOOD WASTE, AND OTHER COMPOSTABLE AND ORGANIC MATERIALS TO GENERATE SOIL 30 AMENDMENT OR OTHER PRODUCTS FOR USE IN AGRICULTURAL, HORTICULTURAL, 31 MANUFACTURING, OR OTHER APPLICATIONS; 32 (C) EACH AGENCY, MUNICIPALITY, OR CONTRACTOR OR LESSEE OF AN AGENCY OR 33 MUNICIPALITY WHICH OPERATES A FOOD SERVICE FACILITY SUBJECT TO REQUIRE- 34 MENTS OF THIS SUBDIVISION SHALL PROVIDE COLLECTION AND EDUCATIONAL 35 RESOURCES, INCLUDING REGULAR PERIODICAL GUIDANCE, TRAINING, UPDATES, 36 SIGNAGE, AND FLYERS, FOR ITS WORKFORCE AND THE PUBLIC FOR THE PURPOSES 37 OF TEACHING AND RETAINING EFFECTIVE PROCEDURES FOR SORTING MATERIALS FOR 38 ORGANICS AND OTHER RECYCLING. 39 2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO GOVERN THE ACTIVITIES 40 OF CONTRACTORS AND LESSEES THAT OCCUR OUTSIDE OF THE STATE OR ACTIVITIES 41 OF CONTRACTORS OR LESSEES THAT OCCUR WITH ENTITIES OTHER THAN AGENCIES 42 OR MUNICIPALITIES. 43 3. AN AGENCY, MUNICIPALITY, OR CONTRACTOR OR LESSEE OF AN AGENCY OR 44 MUNICIPALITY MAKING DONATIONS OF EXCESS FOOD PURSUANT TO THIS TITLE 45 SHALL BE EXEMPT FROM CIVIL AND CRIMINAL LIABILITY TO THE EXTENT PROVIDED 46 UNDER SECTION 1791 OF TITLE 42 OF THE UNITED STATES CODE. 47 S 27-2805. POWERS OF MUNICIPALITIES. 48 ANY AGENCY OR MUNICIPALITY MAY PROMULGATE REGULATIONS, ORDINANCES, OR 49 LAWS TO TAKE ANY AND ALL REASONABLE ACTIONS NECESSARY TO IMPLEMENT AND 50 ENFORCE THIS TITLE. 51 S 3. This act shall take effect on the one hundred eightieth day after 52 it shall have become a law.