Bill Text: NY A06081 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires designated food scraps generators to participate in the donation of excess food and recycling of food scraps.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A06081 Detail]
Download: New_York-2019-A06081-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6081 2019-2020 Regular Sessions IN ASSEMBLY February 27, 2019 ___________ Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the tax 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. Article 27 of the environmental conservation law is amended 2 by adding a new title 22 to read as follows: 3 TITLE 22 4 FOOD RECOVERY AND RECYCLING 5 Section 27-2201. Definitions. 6 27-2203. Designated food scraps generator responsibilities. 7 27-2205. Transporter responsibilities. 8 27-2207. Transfer facility or other intermediary responsibil- 9 ities. 10 27-2209. Food scraps disposal prohibition. 11 27-2211. Department responsibilities. 12 27-2213. Regulations. 13 27-2215. Exclusions. 14 27-2217. Preemption and severability. 15 § 27-2201. Definitions. 16 1. "Designated food scraps generator" means a person who generates at 17 a single location an annual average of two tons per week or more, prior 18 to January first, two thousand twenty-three, and one ton per week on and 19 after such date, or more of excess food and food scraps, based on a 20 methodology established by the department pursuant to regulations, 21 including, but not limited to, supermarkets, restaurants, higher educa- 22 tional institutions, hotels, food processors, correctional facilities, 23 sports or entertainment venues, and hospitals or other health care 24 facilities. For a location with multiple independent food service busi- 25 nesses, such as a mall or college campus, the entity responsible for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10014-01-9A. 6081 2 1 contracting with a transporter for solid waste transportation services 2 is responsible for managing excess food and food scraps from the inde- 3 pendent businesses for the purposes of determining if the generator is a 4 designated food scraps generator. 5 2. "Excess food" means wholesome food that is not sold or used by its 6 generator. 7 3. "Food scraps" means inedible solid or liquid food, trimmings from 8 the preparation of food, food-soiled paper, and excess food that is not 9 donated. Food scraps shall not include used cooking oil, yellow grease 10 or food from residential sources or any food which is subject to a 11 recall or seizure due to the presence of pathogens, including but not 12 limited to: Listeria Monocytogenes, confirmed Clostridium Botulinum, E. 13 coli 0157:H7 and all salmonella in ready-to-eat foods. 14 4. "Incinerator" shall have the same meaning as such term is defined 15 in section 27-0707 of this article. 16 5. "Organics recycler" means a facility that recycles food scraps 17 through use as animal feed or a feed ingredient, rendering, land appli- 18 cation, composting, aerobic digestion, anaerobic digestion, or fermenta- 19 tion. Animal scraps, food soiled paper, and post-consumer food scraps 20 are prohibited for use as animal feed or as a feed ingredient. The 21 proportion of the product created from food scraps by a composting or 22 digestion facility, including a wastewater treatment plant that operates 23 a digestion facility, or other treatment system, must be used in a bene- 24 ficial manner as a soil amendment and shall not be disposed of or incin- 25 erated. The department may designate other techniques or technologies by 26 regulation, provided they do not include incineration or landfilling. If 27 wastewater treatment plants recycling food scraps can demonstrate to the 28 department's satisfaction that beneficial use of biosolids is not avail- 29 able or not economically feasible, the biosolids may be disposed of in a 30 landfill or incinerated at a facility authorized to accept those wastes. 31 6. "Person" means any individual, business entity, partnership, compa- 32 ny, corporation, not-for-profit corporation, association, governmental 33 entity, public benefit corporation, public authority, firm, organization 34 or any other group of individuals, or any officer or employee or agent 35 thereof. 36 7. "Single location" means contiguous property under common ownership, 37 which may include one or more buildings. 38 8. "Transfer facility" means a facility that receives solid waste for 39 the purpose of subsequent transfer to another facility for further proc- 40 essing, treatment, transfer, or disposal. 41 § 27-2203. Designated food scraps generator responsibilities. 42 1. Beginning January first, two thousand twenty-one: 43 (a) all designated food scraps generators shall separate their excess 44 food for donation for human consumption to the maximum extent practica- 45 ble, and in accordance with applicable laws, rules and regulations 46 related to food donation; and 47 (b) except as provided in paragraph (c) of this subdivision, each 48 designated food scraps generator that is within a forty-mile radius of 49 an organics recycler regulated by the department, to the extent that the 50 recycler has capacity to accept a substantial portion or all of the 51 generator's food scraps as determined by the department on a yearly 52 basis, shall: 53 (i) separate its remaining food scraps from other solid waste; 54 (ii) ensure proper storage for food scraps collection on site which 55 shall preclude such materials from becoming odorous or attracting 56 vectors such as a container that has a lid and a latch that keeps theA. 6081 3 1 lid closed, is resistant to tampering by rodents or other wildlife and 2 has sufficient capacity; 3 (iii) have information available and provide training for employees 4 concerning the proper methods to separate and store food scraps; and 5 (iv) obtain a transporter that will deliver its food scraps to an 6 organics recycler, either directly or through an intermediary, self-haul 7 its food scraps to an organics recycler, either directly or through an 8 intermediary, or provide for organics recycling on-site. 9 (c) The provisions of paragraph (b) of this subdivision shall not 10 apply to any designated food scraps generator that has all of its solid 11 waste processed in a mixed solid waste composting or other mixed solid 12 waste organics recycling facility. 13 2. All designated food scraps generators shall submit an annual report 14 to the department on or before March first, two thousand twenty-two, and 15 annually thereafter, in an electronic format. The annual report must 16 summarize the amount of excess food and food scraps generated, the 17 amount of excess food donated, an outline of its efforts to establish a 18 relationship with a food recovery organization, the amount of food 19 scraps recycled, the organics recycler or recyclers and associated 20 transporters used, and any other information as required by the depart- 21 ment. 22 § 27-2205. Transporter responsibilities. 23 1. Any transporter that collects source-separated food scraps for 24 recycling from a designated food scraps generator shall: 25 (a) deliver collected food scraps to a transfer facility or other 26 intermediary that will deliver such food scraps to an organics recycler; 27 or 28 (b) deliver collected food scraps directly to an organics recycler. 29 2. Any transporter that collects source-separated food scraps from a 30 designated food scraps generator shall not commingle the food scraps 31 with any other solid waste unless such waste can be processed by an 32 organics recycler. 33 § 27-2207. Transfer facility or other intermediary responsibilities. 34 Any transfer facility or other intermediary that receives source-sepa- 35 rated food scraps from a designated food scraps generator must ensure 36 that the food scraps are taken to an organics recycler. No transfer 37 facility or other intermediary may commingle the food scraps with any 38 other solid waste unless such waste can be processed by an organics 39 recycler. 40 § 27-2209. Food scraps disposal prohibition. 41 No incinerator or landfill shall knowingly accept or commingle with 42 solid waste source-separated food scraps from designated food scraps 43 generators required to send food scraps to an organics recycler as 44 outlined under section 27-2203 of this title, either directly or from an 45 intermediary, after January first, two thousand twenty-one. 46 § 27-2211. Department responsibilities. 47 1. The department shall publish on its website a list of all desig- 48 nated food scraps generators, organics recyclers, food recovery organ- 49 izations, and all transporters that manage source-separated food scraps. 50 2. No later than June first, two thousand twenty, the department shall 51 assess the capacity of organic recyclers and notify designated food 52 scraps generators if they are required to comply with the provisions of 53 paragraph (b) of subdivision one of section 27-2203 of this title. 54 3. The department shall develop and make available educational materi- 55 als to assist designated food scraps generators with compliance with 56 this title. The department shall also develop education materials onA. 6081 4 1 food waste minimization and encourage municipalities to disseminate 2 these materials both on their municipal websites and in any relevant 3 future mailings to their residents as they may distribute. 4 § 27-2213. Regulations. 5 The department shall promulgate rules and regulations necessary to 6 implement the provisions of this title. At a minimum, the department 7 shall promulgate rules and regulations that set forth the methodology 8 the department will use to determine who is a designated food scraps 9 generator, after consulting with industry representatives, and what 10 process a designated generator must follow to dispute such determi- 11 nation, and how designated food scraps generators shall comply with the 12 provisions of paragraph (a) and subparagraph (i) of paragraph (b) of 13 subdivision one of section 27-2203 of this title. 14 § 27-2215. Exclusions. 15 1. This title shall not apply to any designated food scraps generators 16 located in a city with a population of one million or more which has a 17 local law, ordinance or regulation in place which requires the diversion 18 of excess food and food scraps from disposal. 19 2. This title does not apply to elementary and secondary schools. 20 § 27-2217. Preemption and severability. 21 1. Any provision of any local law or ordinance, or any regulation 22 promulgated thereto, governing the recycling of food scraps shall upon 23 the effective date of this title be preempted, except in a city with a 24 population of one million of more. However, local laws or ordinances, or 25 parts thereof, affecting the recycling of food scraps that include 26 generators not covered by this title shall not be preempted. 27 2. The provisions of this title shall be severable and if any portion 28 thereof or the applicability thereof to any person or circumstances is 29 held invalid, the remainder of this title and the application thereof 30 shall not be affected thereby. 31 § 2. Section 606 of the tax law is amended by adding a new subsection 32 (jjj) to read as follows: 33 (jjj) Food recovery and recycling tax credit. (1) For taxable years 34 beginning on or after January first, two thousand twenty-one, a taxpayer 35 who is a designated food scraps generator, as defined in section 27-2201 36 of the environmental conservation law, shall be allowed a credit against 37 the tax imposed under this article for an amount equal to the cost of 38 obtaining a transporter to deliver its food scraps to an organics recy- 39 cler, pursuant to section 27-2203 of the environmental conservation law, 40 provided, however, such credit shall not exceed fifteen thousand 41 dollars. 42 (2) If the amount of the credit allowed under this subsection for any 43 taxable year shall exceed the taxpayer's tax for such year, the excess 44 shall be treated as an overpayment of tax to be credited or refunded in 45 accordance with the provisions of section six hundred eighty-six of this 46 article, provided, however, that no interest shall be paid thereon. 47 (3) The commissioner, in consultation with the commissioner of envi- 48 ronmental conservation, shall promulgate rules and regulations by Janu- 49 ary first, two thousand twenty-one to establish the documentation that 50 will be provided to taxpayers to substantiate to the department eligi- 51 bility to receive the credit provided by paragraph one of this 52 subsection. 53 § 3. This act shall take effect immediately.
