Relates to the donation of excess food and recycling of food scraps; requires designated food scraps generators to donate excess edible food and recycle food scraps; establishes responsibilities of waste transporters; requires an annual report by the department of environmental conservation on the operation of the food donation and food scraps recycling program.
STATE OF NEW YORK
________________________________________________________________________
3672
2019-2020 Regular Sessions
IN ASSEMBLY
January 30, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, GALEF, L. ROSENTHAL, STIRPE, ARROYO,
STECK, OTIS, COLTON, GOTTFRIED, GLICK -- Multi-Sponsored by -- M. of
A. THIELE -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law, in relation to the
donation of excess food and recycling of food scraps
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Approximately 40 percent of the food produced in the United
2 States today goes uneaten. Much of this organic waste is disposed of in
3 solid waste landfills, where its decomposition accounts for over 15
4 percent of our nation's emissions of methane, a potent greenhouse gas.
5 Meanwhile, an estimated 2.8 million New Yorkers are facing hunger and
6 food insecurity. Recognizing the importance of food scraps to our envi-
7 ronment, economy, and the health of New Yorkers, this act establishes a
8 food scraps hierarchy for the state of New York. The first tier of the
9 hierarchy is source reduction, reducing the volume of surplus food
10 generated. The second tier is recovery, feeding wholesome food to hungry
11 people. Third is repurposing, feeding animals. Fourth is recycling,
12 processing any leftover food such as by composting or anaerobic
13 digestion to create a nutrient-rich soil amendment. This legislation is
14 designed to address each tier of the hierarchy by: encouraging the
15 prevention of food waste generation by commercial generators and resi-
16 dents; directing the recovery of excess edible food from high-volume
17 commercial food waste generators; and ensuring that a significant
18 portion of inedible food waste from large volume food waste generators
19 is managed in a sustainable manner, and does not end up being sent to
20 landfills or incinerators. In addition, the state has supported the
21 recovery of wholesome food by providing grants from the environmental
22 protection fund to increase capacity of food banks, conduct food scraps
23 audits of high-volume generators of food scraps, support implementation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07672-01-9
A. 3672 2
1 of pollution prevention projects identified by such audits, and expand
2 capacity of generators and municipalities to donate and recycle food.
3 § 2. Article 27 of the environmental conservation law is amended by
4 adding a new title 22 to read as follows:
5 TITLE 22
6 FOOD DONATION AND FOOD SCRAPS RECYCLING
7 Section 27-2201. Definitions.
8 27-2203. Designated food scraps generator responsibilities.
9 27-2205. Waste transporter responsibilities.
10 27-2207. Transfer station.
11 27-2209. Food scraps disposal prohibition.
12 27-2211. Department responsibilities.
13 27-2213. Regulations.
14 27-2215. Exclusions.
15 27-2217. Annual Report.
16 27-2219. Severability.
17 § 27-2201. Definitions.
18 1. "Designated food scraps generator" means a person who generates at
19 a single location an annual average of two tons per week or more of food
20 scraps based on a methodology established by the department pursuant to
21 regulations, including, supermarkets, restaurants, higher educational
22 institutions, hotels, food processors, correctional facilities, sports
23 or entertainment venues and health care facilities. For a location with
24 multiple independent food service businesses, such as a mall or college
25 campus, the entity responsible for contracting for solid waste hauling
26 services is responsible for managing food scraps from the independent
27 businesses.
28 2. "Food scraps" means inedible food, trimmings from the preparation
29 of food, food-soiled paper, and edible food that is not donated. Food
30 scraps shall not include used cooking oil, yellow grease or food from
31 residential sources, or any food identified in regulations promulgated
32 by the department in consultation with the department of agriculture and
33 markets or any food which is subject to a recall or seizure due to the
34 presence of pathogens, including but not limited to: Listeria Monocyto-
35 genes, confirmed Clostridium Botulinum, E. coli 0157:H7 and all salmo-
36 nella in ready-to-eat foods.
37 3. "Organics recycler" means a facility, permitted by the department,
38 that recycles food scraps through use as animal feed or a feed ingredi-
39 ent, rendering, land application, composting, aerobic digestion, anaero-
40 bic digestion, fermentation, or ethanol production. Animal scraps, food
41 soiled paper, and post-consumer food scraps are prohibited for use as
42 animal feed or as a feed ingredient. The proportion of the product
43 created from food scraps by a composting or digestion facility, includ-
44 ing a wastewater treatment plant that operates a digestion facility, or
45 other treatment system, must be used in a beneficial manner as a soil
46 amendment and shall not be disposed of or incinerated.
47 4. "Person" means any business entity, partnership, company, corpo-
48 ration, not-for-profit corporation, association, governmental entity,
49 public benefit corporation, public authority, firm, or organization.
50 5. "Single location" means contiguous property under common ownership,
51 which may include one or more buildings.
52 6. "Incinerator" shall have the same meaning as provided in section
53 72-0401 of this chapter.
54 7. "Landfill" shall have the same meaning as provided in section
55 72-0401 of this chapter.
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1 8. "Transfer station" means a solid waste management facility, whether
2 owned or operated by a private or public entity, other than a recycla-
3 bles handling and recovery facility, used oil facility, or a
4 construction and demolition debris processing facility, where solid
5 waste is received for the purpose of subsequent transfer to another
6 solid waste management facility for processing, treating, disposal,
7 recovery, or further transfer.
8 § 27-2203. Designated food scraps generator responsibilities.
9 1. Effective January first, two thousand twenty-two:
10 (a) all designated food scraps generators shall separate their excess
11 edible food for donation for human consumption to the maximum extent
12 practicable, and in accordance with applicable laws, rules and regu-
13 lations related to food donation; and
14 (b) except as provided in paragraph (c) of this subdivision, each
15 designated food scraps generator that is within fifteen miles of an
16 organics recycler, to the extent that the recycler has capacity to
17 accept all of such generator's food scraps based on the department's
18 yearly estimate of an organic recyclers' capacity pursuant to section
19 27-2211 of this title, shall:
20 (i) separate its remaining food scraps from other solid waste;
21 (ii) ensure proper storage for food scraps on site which shall
22 preclude such materials from becoming odorous or attracting vectors,
23 such as a container that has a lid and a latch that keeps the lid closed
24 and is resistant to tampering by rodents or other wildlife and has
25 sufficient capacity;
26 (iii) have information available and provide training for employees
27 concerning the proper methods to separate and store food scraps; and
28 (iv) obtain a transporter that will deliver food scraps to an organics
29 recycler, self-haul its food scraps to an organics recycler, or provide
30 for organics recycling on-site via in vessel composting, aerobic or
31 anaerobic digestion or any other method of processing organic waste that
32 the department approves by regulation, for some or all of the food waste
33 it generates on its premises, provided that the remainder is delivered
34 to an organics recycler.
35 (c) The provisions of paragraph (b) of this subdivision shall not
36 apply to any designated food scraps generator that has all of its food
37 scraps processed in a mixed solid waste composting or mixed solid waste
38 anaerobic digestion facility.
39 2. All designated food scraps generators shall submit an annual report
40 to the department on or before March first, two thousand twenty-three,
41 and annually thereafter, in an electronic format. The annual report must
42 summarize the amount of edible food donated, the amount of food scraps
43 recycled, the organics recycler or recyclers and associated transporters
44 used, and any other information as required by the department.
45 3. A designated food scraps generator may petition the department for
46 a temporary waiver from some or all of the requirements of this title.
47 The petition must include evidence of undue hardship based on:
48 (a) the designated food scraps generator does not meet the two tons
49 per week threshold;
50 (b) the cost of processing organic waste is not reasonably competitive
51 with the cost of disposing of waste by landfill;
52 (c) the organics recycler does not have sufficient capacity, despite
53 the department's calculation; or
54 (d) the unique circumstances of the generator.
55 A waiver shall be no longer than one year in duration provided, howev-
56 er, the department may renew such waiver.
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1 § 27-2205. Waste transporter responsibilities.
2 1. Any waste transporter that collects food scraps for recycling from
3 a designated food scraps generator shall:
4 (a) deliver food scraps to a transfer station that will deliver such
5 food scraps to an organics recycler unless such generator has received a
6 temporary waiver under subdivision three of section 27-2203 of this
7 title; or
8 (b) deliver such food scraps directly to an organics recycler.
9 2. Any waste transporter that collects food scraps from a designated
10 food scraps generator shall take all reasonable precautions to not
11 deliver those food scraps to an incinerator or a landfill nor commingle
12 the material with any other solid waste unless such commingled waste can
13 be processed by an organics recycler or unless such generator has
14 received a temporary waiver under subdivision three of section 27-2203
15 of this title.
16 § 27-2207. Transfer station.
17 Any transfer station that receives food scraps from a designated food
18 scraps generator must ensure that the food scraps are taken to an organ-
19 ics recycler unless such generator has received a temporary waiver under
20 subdivision three of section 27-2203 of this title. A transfer station
21 shall take all reasonable precautions to not commingle the material with
22 any other solid waste unless such commingled waste can be processed by
23 an organics recycler.
24 § 27-2209. Food scraps disposal prohibition.
25 Incinerators and landfills shall take all reasonable precautions to
26 not accept food scraps from designated food scraps generators required
27 to send their food scraps to an organics recycler as outlined under
28 section 27-2203 of this title, after January first, two thousand twen-
29 ty-two, unless the designated food scraps generator has received a
30 temporary waiver under subdivision three of section 27-2203 of this
31 title.
32 § 27-2211. Department responsibilities.
33 1. The department shall publish on its website: (a) the methodology
34 the department will use to determine who is a designated food scrap
35 generator; (b) the waiver process; (c) procedures to minimize odors and
36 vectors; and (d) a list of all designated food scraps generators, organ-
37 ics recyclers, and all waste transporters that manage source-separated
38 organics.
39 2. No later than June first, two thousand twenty-one and annually
40 thereafter, the department shall assess the capacity of each organic
41 recycler and notify designated food scraps generators if they are
42 required to comply with the provisions of paragraph (b) of subdivision
43 one of section 27-2203 of this title.
44 3. The department shall develop and make available educational materi-
45 als to assist designated food scraps generators with compliance with
46 this title. The department shall also develop education materials on
47 food waste minimization and encourage municipalities to disseminate
48 these materials both on their municipal websites and in any such future
49 mailings to their residents as they may distribute.
50 4. The department shall regulate organics recyclers to ensure that
51 their activities do not impair water quality or otherwise harm human
52 health and the environment.
53 § 27-2213. Regulations.
54 The department shall, after one or more public hearings, promulgate
55 rules and regulations necessary to implement the provisions of this
56 title including: (a) the methodology the department will use to deter-
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1 mine who is a designated food scraps generator; (b) the waiver process;
2 (c) procedures to minimize odors and vectors; (d) a list of all desig-
3 nated food scraps generators, organics recyclers, and all waste trans-
4 porters that manage source-separated organics; and (e) how designated
5 food scraps generators shall comply with the provisions of paragraph (a)
6 and subparagraph (i) of paragraph (b) of subdivision one of section
7 27-2203 of this title.
8 § 27-2215. Exclusions.
9 1. This title shall not apply to any designated food scraps generators
10 located in a city with a population of one million or more which has a
11 local law, ordinance or regulation in place which requires the diversion
12 of edible food and food scraps from disposal.
13 2. This title does not apply to hospitals, elementary and secondary
14 schools.
15 § 27-2217. Annual report.
16 No later than January first, two thousand twenty-three, and on an
17 annual basis thereafter, the department shall submit an annual report to
18 the governor and legislature describing the operation of the food
19 donation and food scraps recycling program including amount of edible
20 food donated, amount of food scraps recycled, sample educational materi-
21 als, and number of waivers provided.
22 § 27-2219. Severability.
23 The provisions of this title shall be severable and if any portion
24 thereof or the applicability thereof to any person or circumstance is
25 held invalid, the remainder of this title and the application thereof
26 shall not be affected thereby.
27 § 3. This act shall take effect immediately.
