New York S 2179: Enacts the state and local government food waste prevention and diversion act

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S02179 Summary:

BILL NOS02179 

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SAME ASSAME AS A10752

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Add Art 27 Title 34 §§27-3401 - 27-3405, amd §27-0107, En Con L

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Enacts the state and local government food waste prevention and diversion act; requires facilities generating excess food waste to take measures to minimize such waste.

Go to top S02179 Actions:

BILL NOS02179 

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01/15/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS02179 Committee&nbspVotes:

Go to topS02179 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02179 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2179

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 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, in relation to
 prevention and diversion of food waste

 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 "state and local government food waste prevention and diversion
 3 act".
 4 § 2. Article 27 of the environmental conservation law is amended by
 5 adding a new title 34 to read as follows:
 6 TITLE 34
 7 STATE AND LOCAL GOVERNMENT FOOD WASTE PREVENTION AND DIVERSION
 8 ACT
 9 Section 27-3401. Definitions.
 10 27-3403. Required state and municipal food service organics
 11 waste management.
 12 27-3405. Powers of municipalities.
 13 § 27-3401. Definitions.
 14 For the purposes of this title, the following terms shall have the
 15 following meanings:
 16 1. "Agency" means any state department, agency, board, public benefit
 17 corporation, public authority, or commission.
 18 2. "Compostable" means all the materials in the product or package
 19 will (a) undergo degradation by biological processes during composting
 20 to yield carbon dioxide, water, inorganic compounds, and biomass at a
 21 rate consistent with other known compostable materials and (b) leave no
 22 visible, distinguishable or toxic residue, including no adverse impact
 23 on the ability of composts to support plant growth once the finished
 24 compost is placed in soil.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04342-01-5

 S. 2179 2

 1 3. "Contractors" and "lessees" mean any person or entity that has a
 2 contract with an agency, municipality or local education agency for
 3 public works or improvements to be performed, for a franchise, conces-
 4 sion or lease of property, for grant monies or goods and services or
 5 supplies to be purchased at the expense of the agency, municipality or
 6 local education agency or to be paid out of monies deposited in the
 7 treasury or out of trust monies under the control or collected by the
 8 agency, municipality or local education agency.
 9 4. "Covered food service establishment" means any premises or part of
 10 a premises to which all of the following apply:
 11 (a) it is operated by an agency, municipality, local education agency,
 12 or any contractor or lessee of an agency, municipality, or local educa-
 13 tion agency;
 14 (b) it generates, from its food preparation and service, as averaged
 15 over the course of the previous ten weeks:
 16 (i) in two thousand twenty-five and two thousand twenty-six, over two
 17 thousand pounds of food waste per week;
 18 (ii) in two thousand twenty-seven and two thousand twenty-eight, over
 19 one thousand pounds of food waste per week; and
 20 (iii) in two thousand twenty-nine and thereafter, over five hundred
 21 pounds of food waste per week; and
 22 (c) it is located where food is prepared and provided directly to the
 23 consumer, whether such food is provided free of charge or sold, and
 24 whether consumption occurs on or off the premises. "Covered food service
 25 establishments" shall include, but not be limited to, the following
 26 which also meet the conditions of this paragraph and paragraphs (a) and
 27 (b) of this subdivision: full-service restaurants, fast food