Bill Text: NY A09959 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                           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.