STATE OF NEW YORK ________________________________________________________________________ 4938 2023-2024 Regular Sessions IN SENATE February 17, 2023 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the state finance law, in relation to enacting the "food service packaging recycling funding act" 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 "food service packaging recycling funding act". 3 § 2. Legislative intent. Recognizing that most food service packaging 4 is not recycled or composted with the state's existing infrastructure, 5 it is the intent of the legislature to provide sustainable funding to 6 increase infrastructure investment for the diversion of food service 7 packaging materials from disposal, assist in establishing domestic end- 8 use markets for recovered food service packaging materials and reduce 9 litter and marine debris attributable to food service packaging materi- 10 als. 11 § 3. Article 27 of the environmental conservation law is amended by 12 adding a new title 34 to read as follows: 13 TITLE 34 14 FOOD SERVICE PACKAGING RECYCLING FUNDING ACT 15 Section 27-3401. Definitions. 16 27-3403. Food service packaging recycling fees. 17 27-3405. Recovery rates. 18 27-3407. Advisory council. 19 27-3409. Exclusions. 20 § 27-3401. Definitions. 21 For the purpose of this title, "food service packaging" shall mean a 22 product used for serving or transporting prepared, ready-to-consume food 23 or beverages, including but not limited to, plates, bowls, cups, trays, 24 and hinged or lidded containers. Such definition shall not include EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06427-01-3S. 4938 2 1 beverage containers or single-use disposable items, including but not 2 limited to, plastic bags or single-use packaging for unprepared foods. 3 § 27-3403. Food service packaging recycling fees. 4 1. Advanced recycling fee. An advanced recycling fee is hereby imposed 5 at a rate of three-tenths of one cent per container on all food service 6 packaging provided by a manufacturer or distributor at the first point 7 of sale in the state. Such fee shall be collected by the department and 8 deposited into the food service packaging recycling fund established 9 pursuant to section ninety-two-kk of the state finance law. 10 2. Revenue disbursement. (a) Monies collected pursuant to this section 11 shall be used by the department exclusively for the following purposes: 12 (i) to create and enhance the collection, sortation and processing 13 infrastructure for food service packaging material recycling, including 14 but not limited to, providing financial assistance to site new or to 15 expand existing recycling operations, increasing in-state material proc- 16 essing capabilities and creating markets for recycled-content products 17 and the use of collected food service packaging as feedstock in the 18 production of new products; and 19 (ii) to provide financial assistance to local governments to assist in 20 recycling education and litter cleanup and reduction. 21 (b) The department shall not utilize more than five percent of the 22 monies collected pursuant to this section for administrative purposes. 23 § 27-3405. Recovery rates. 24 No later than July first, two thousand twenty-seven, the department 25 shall determine the recycling and recovery rates for food service pack- 26 aging sold in the state. If the recycling of such food service packaging 27 has not achieved a twenty-five percent recycling or recovery rate, the 28 advanced recycling fee, pursuant to subdivision one of section 27-3403 29 of this title, shall increase to five-tenths of one cent per container 30 on January first, two thousand twenty-eight. 31 § 27-3407. Advisory council. 32 1. The department shall create a food service packaging material recy- 33 cling advisory council to advise the department on how to most effi- 34 ciently implement the provisions of this title. 35 2. The council shall consist of fifteen individuals and will meet at 36 least quarterly. The council shall annually select a chairperson from 37 its membership. Membership shall include representatives from the 38 following: local governments, recyclers, material recovery facility 39 operators, waste haulers, environmental organizations, restaurants, food 40 service packaging manufacturers or suppliers, and users of recycled 41 materials. 42 § 27-3409. Exclusions. 43 Any city and any county, other than a county wholly within such a 44 city, which implements or enforces a local law, ordinance or resolution 45 prohibiting the use, sale or distribution of any food service packaging 46 that was adopted after January first, two thousand twenty-one, shall not 47 be eligible to receive any monies collected pursuant to this title. 48 § 4. The state finance law is amended by adding a new section 92-kk to 49 read as follows: 50 § 92-kk. Food service packaging recycling fund. 1. There is hereby 51 established in the joint custody of the state comptroller and the 52 commissioner of taxation and finance a special fund to be known as the 53 "food service packaging recycling fund". 54 2. Such fund shall consist of all revenue collected from advanced 55 recycling fees pursuant to section 27-3403 of the environmental conser- 56 vation law and any cost recoveries or other revenues collected pursuantS. 4938 3 1 to title thirty-four of article twenty-seven of the environmental 2 conservation law, and any other monies deposited into the fund pursuant 3 to law. 4 3. Monies of the fund, following appropriation by the legislature, 5 shall be used for food service packaging material recycling pursuant to 6 title thirty-four of article twenty-seven of the environmental conserva- 7 tion law, and expended for the purposes as set forth in section 27-3403 8 of the environmental conservation law. 9 § 5. This act shall take effect immediately.