A09692 Summary:

COSPNSRPaulin, Titone, Lupardo, Colton, Englebright, Galef, Rosenthal L, Otis, Abinanti, Fahy, Sepulveda, Stirpe, Lifton, Simotas, Weprin, Gottfried, Simon
MLTSPNSRCook, Dinowitz, Glick, Hooper, Perry, Thiele
Add Art 27 Title 28 §§27-2801 - 27-2805, En Con L
Relates to food service waste reduction; prohibits the use of polystyrene foam by contractors and lessees who deal with the state through state and municipal contracts.
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A09692 Actions:

02/02/2018referred to environmental conservation
04/17/2018reported referred to ways and means
04/26/2018advanced to third reading cal.811
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A09692 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Englebright DATE:04/17/2018AYE/NAY:22/8 Action: Favorable refer to committee Ways and Means
LiftonAyeMiller MLNay
O'DonnellAyeMiller B Nay

WAYS AND MEANS Chair:Weinstein DATE:04/24/2018AYE/NAY:23/8 Action: Favorable

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A09692 Floor Votes:

There are no votes for this bill in this legislative session.
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A09692 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to food service waste reduction   PURPOSE: The purpose of the bill is to discourage the use of disposable polystyr- ene foam food service ware by any person or entity that has a contract with an agency or municipality, and to study the feasibility of a polys- tyrene foam ban in New York State   SUMMARY OF PROVISIONS: Section 1 of the bill establishes the short title of the legislation as the "food service waste reduction act." Section 2 of the bill amends article 27 of the environmental conserva- tion law by adding a new title 28 which would require that any state department, agency, board, public benefit corporation, public authority, commission, municipality, and their contractors and lessees use food service ware made from material other than polystyrene foam, unless there is no compostable or recyclable alternative available at a price not more than 15 percent higher. Section 3 of the bill requires the Department of Environmental Conserva- tion to conduct a study on the desirability, feasibility and environ- mental impact of a statewide ban on the use of disposable Styrofoam food service ware. Section 4 of the bill establishes the effective date.   JUSTIFICATION: Styrofoam is a liquid hydrocarbon that is commercially manufactured from petroleum, a quickly disappearing commodity. Each year Americans throw away 25,000,000 polystyrene foam (commonly known as Styrofoam) cups, or 1,369 tons of foam products every day. A single Styrofoam cup can take up to 500 years to fully disintegrate. Polystyrene foam is a notorious pollutant that is very difficult to recycle due to its light weight and low scrap value. It is generally not accepted in curbside programs, is seldom able to be reused, takes up a considerable amount of space in landfills, and takes a very long time to fully decompose. Due to the physical properties of foam, the United States Environmental Protection Agency states "that such materials can have serious impact on human health, wildlife, and the aquatic environ- ment," because the product breaks down and can clog waterways, or to be mistaken for food by wildlife. One of the components of foam, styrene is a known hazardous substance which is a suspected carcinogen and neurotoxin. Many people do not real- ize that when they re-heat food in a Styrofoam product using a micro- wave, toxins may be released into their food. In December 2013, New York City enacted a law banning the use or sale of disposable Styrofoam food service ware and loose fill packaging (common- ly known as packing peanuts), by certain stores and food service estab- lishments, which took effect in January 2015, but was subsequently struck down by a court that found the City did not have the authority to enact the ban. This bill would address the environmental impacts of foam while allowing for exceptions in cases where there is no viable alternative product of comparable cost.   FISCAL IMPACT ON THE STATE: Minimal.   FISCAL IMPACT ON LOCALITIES: Minimal.   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: None.   IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL SANCTIONS: None.   LEGISLATIVE HISTORY: 2017: A01013 (Kavanagh) - On the Floor 2016: A05743 (Kavanagh) - Environmental Conservation 2015: A05743 (Kavanagh) - On the Floor 2014: A04973A (Kavanagh) - Passed Assembly 2013: A04973A (Kavanagh) - Passed Assembly 2012: A02097 (Kavanagh) - Passed Assembly 2011: A02097 (Kavanagh) - Passed Assembly 2010: A00428A (Kavanagh) - Passed Assembly 2009: A00428 (Kavanagh) - Passed Assembly 2008: A11466A (Kavanagh) - Rules   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that sections one and two of this act shall take effect on the one hundred twentieth day after it shall have become a law.
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A09692 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    February 2, 2018
        Introduced  by  M.  of A. ROZIC, PAULIN, TITONE, LUPARDO, COLTON, ENGLE-
          --  Multi-Sponsored  by  --  M.  of  A. COOK, DINOWITZ, GLICK, HOOPER,
          PERRY, THIELE -- read once and referred to the Committee  on  Environ-
          mental Conservation
        AN  ACT to amend the environmental conservation law, in relation to food
          service waste reduction
          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 waste reduction act".
     3    § 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                         FOOD SERVICE WASTE REDUCTION
     7  Section 27-2801. Definitions.
     8          27-2803. Required  compostable  or  recyclable  disposable  food
     9                     service ware.
    10          27-2805. Powers of municipalities.
    11  § 27-2801. Definitions.
    12    For the purposes of this title, the following  terms  shall  have  the
    13  following meanings:
    14    1.  "Affordable"  means  purchasable for not more than fifteen percent
    15  more than the purchase cost of  the  non-compostable  or  non-recyclable
    16  alternative.
    17    2.  "Agency" means any state department, agency, board, public benefit
    18  corporation, public authority, or commission.
    19    3.    "Compostable"  means all the materials in the product or package
    20  will (a) undergo degradation by biological processes  during  composting
    21  to  yield  carbon  dioxide, water, inorganic compounds, and biomass at a
    22  rate consistent with other known compostable materials and (b) leave  no
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9692                             2
     1  visible,  distinguishable  or toxic residue, including no adverse impact
     2  on the ability of composts to support plant  growth  once  the  finished
     3  compost is placed in soil.
     4    4.  "Contractors  and  lessees"  mean  any person or entity that has a
     5  contract with an agency or a municipality for public works  or  improve-
     6  ments to be performed, for a franchise, concession or lease of property,
     7  for  grant  monies  or goods and services or supplies to be purchased at
     8  the expense of the agency or municipality or to be paid  out  of  monies
     9  deposited  in  the  treasury or out of trust monies under the control or
    10  collected by the agency or municipality.
    11    5. "Disposable food service ware" means all containers, bowls, plates,
    12  trays, cartons, cups, lids, straws, forks, spoons, knives,  napkins  and
    13  other  items  that  are  designed  for  one-time use for prepared foods,
    14  including without limitation, service  ware  for  takeout  foods  and/or
    15  leftovers  from  partially  consumed meals prepared by food vendors. The
    16  term "disposable food service ware"  does  not  include  items  composed
    17  entirely of aluminum or polystyrene foam coolers and ice chests that are
    18  intended  for  reuse  nor does this term include recyclable food service
    19  ware.
    20    6. "Municipality" means a village,  town,  city,  or  county,  or  any
    21  designated agency thereof.
    22    7.  "Polystyrene  foam"  means  blown  polystyrene  and expanded foams
    23  utilizing a styrene monomer and processed by any number  of  techniques.
    24  Polystyrene  foam  is generally used to make cups, bowls, plates, trays,
    25  clamshell containers, meat trays and egg cartons.
    26    8. "Recyclable" means material that can be sorted, cleansed and recon-
    27  stituted using available recycling collection programs for  the  purpose
    28  of using the altered form in the manufacture of a new product. Recycling
    29  does  not  include burning, incinerating, converting, or otherwise ther-
    30  mally destroying solid waste.
    31  § 27-2803. Required compostable or recyclable  disposable  food  service
    32                 ware.
    33    Agencies,  municipalities, and their contractors and lessees shall use
    34  disposable food service ware made from material, other than  polystyrene
    35  foam,  that  is  compostable or recyclable unless there is no affordable
    36  compostable or recyclable product available.  Nothing  in  this  section
    37  shall  be  construed to govern the activities of contractors and lessees
    38  that occur outside of the state or activities of contractors of  lessees
    39  that occur with entities other than agencies or municipalities.
    40  § 27-2805. Powers of municipalities.
    41    Any  agency or municipality may promulgate regulations, ordinances, or
    42  laws to take any and all reasonable actions necessary to  implement  and
    43  enforce this title.
    44    §  3.  The  department  of  environmental conservation shall conduct a
    45  study on the desirability, feasibility and  environmental  impact  of  a
    46  statewide  prohibition  on  the use of disposable food service ware that
    47  contains polystyrene foam. The department shall issue a report  contain-
    48  ing  the results of the study to the legislature no later than the thir-
    49  ty-first of January next succeeding the date on  which  this  act  shall
    50  have become a law.
    51    §  4.  This act shall take effect immediately; provided, however, that
    52  sections one and two of this act shall take effect on  the  one  hundred
    53  twentieth day after it shall have become a law.
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A09692 LFIN:

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A09692 Chamber Video/Transcript:

5-7-18Video (@ 01:02:52)Transcript pdf Transcript html
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