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S05331 Summary:

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S05331 Memo:

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S05331 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5331--A
            Cal. No. 538
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     1    Section 1. Subdivision 1  of  section  27-2201  of  the  environmental
     2  conservation  law, as added by section 2 of part SS of chapter 58 of the
     3  laws of 2019, is amended to read as follows:
     4    1. "Designated food scraps generator" means a person who generates  at
     5  a single location an annual average of two tons per week or more of food
     6  scraps  between  January  first,  two thousand twenty-three and December
     7  thirty-first, two thousand twenty-five, an annual average of one ton per
     8  week or more of food scraps between January first, two thousand  twenty-
     9  six  and December thirty-first, two thousand twenty-seven, and an annual
    10  average of one-half ton per week or more of food scraps beginning  Janu-
    11  ary first, two thousand twenty-eight and thereafter based on a methodol-
    12  ogy  established  by  the department pursuant to regulations, including,
    13  supermarkets, large food service businesses, higher  educational  insti-
    14  tutions, hotels, food processors, correctional facilities, and sports or
    15  entertainment  venues.  For  a  location  with multiple independent food
    16  service businesses, such as a mall or college campus, the entity respon-
    17  sible for contracting for solid waste hauling  services  is  responsible
    18  for managing food scraps from the independent businesses.
    19    § 2. The opening paragraph of paragraph (b) of subdivision 1 and para-
    20  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
 
     1  conservation law, as added by section 2 of part SS of chapter 58 of  the
     2  laws of 2019, are amended to read as follows:
     3    except  as  provided in paragraph (c) of this subdivision, each desig-
     4  nated food scraps generator that is within [twenty-five] fifty miles  of
     5  an  organics  recycler,  to the extent that the recycler has capacity to
     6  accept all of such generator's food scraps  based  on  the  department's
     7  yearly  estimate  of  an organic recyclers' capacity pursuant to section
     8  27-2211 of this title, shall:
     9    (a) the designated food scraps generator does not meet the [two  tons]
    10  tonnage  per  week  threshold  pursuant  to  subdivision  one of section
    11  27-2201 of this title;
    12    § 3.  The department of environmental conservation is  authorized  and
    13  directed  to  complete the addition, amendment and/or repeal of any rule
    14  or regulation necessary for the implementation of this act no later than
    15  180 days after the date on which this act shall have become a law.
    16    § 4. This act shall take effect immediately; provided,  however,  that
    17  section two of this act shall take effect January 1, 2026.

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