Bill Text: NY S05893 | 2021-2022 | General Assembly | Introduced

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Bill Title: Enacts the "food service packaging recycling funding act" in order to provide sustainable funding to increase the state's infrastructure investment for the diversion of food service packaging materials from disposal, assist in establishing domestic end-use markets for recovered food service packaging materials and reduce litter and marine debris attributable to food service packaging materials.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05893 Detail]

Download: New_York-2021-S05893-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5893

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 22, 2021
                                       ___________

        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 and the state finance
          law, in relation to enacting the  "food  service  packaging  recycling
          funding act"

          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 packaging recycling funding act".
     3    §  2. Legislative intent. Recognizing that most food service packaging
     4  is not recycled or composted with the state's  existing  infrastructure,
     5  it  is  the  intent of the legislature to provide sustainable funding to
     6  increase infrastructure investment for the  diversion  of  food  service
     7  packaging  materials from disposal, assist in establishing domestic end-
     8  use markets for recovered food service packaging  materials  and  reduce
     9  litter  and marine debris attributable to food service packaging materi-
    10  als.
    11    § 3. Article 27 of the environmental conservation law  is  amended  by
    12  adding a new title 32 to read as follows:
    13                                  TITLE 32
    14                FOOD SERVICE PACKAGING RECYCLING FUNDING ACT
    15  Section 27-3201. Definitions.
    16          27-3203. Food service packaging recycling fees.
    17          27-3205. Recovery rates.
    18          27-3207. Advisory council.
    19          27-3209. Exclusions.
    20  § 27-3201. Definitions.
    21    For  the  purpose of this title, "food service packaging" shall mean a
    22  product used for serving or transporting prepared, ready-to-consume food
    23  or beverages, including but not limited to, plates, bowls, cups,  trays,
    24  and  hinged  or  lidded  containers.  Such  definition shall not include

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10264-01-1
        S. 5893                             2

     1  beverage containers or single-use disposable items,  including  but  not
     2  limited to, plastic bags or single-use packaging for unprepared foods.
     3  § 27-3203. Food service packaging recycling fees.
     4    1. Advanced recycling fee. An advanced recycling fee is hereby imposed
     5  at  a rate of three-tenths of one cent per container on all food service
     6  packaging provided by a manufacturer or distributor at the  first  point
     7  of  sale in the state. Such fee shall be collected by the department and
     8  deposited into the food service  packaging  recycling  fund  established
     9  pursuant to section ninety-two-kk of the state finance law.
    10    2. Revenue disbursement. (a) Monies collected pursuant to this section
    11  shall be used by the department exclusively for the following purposes:
    12    (i)  to  create  and  enhance the collection, sortation and processing
    13  infrastructure for food service packaging material recycling,  including
    14  but  not  limited  to,  providing financial assistance to site new or to
    15  expand existing recycling operations, increasing in-state material proc-
    16  essing capabilities and creating markets for  recycled-content  products
    17  and  the  use  of  collected  food service packaging as feedstock in the
    18  production of new products; and
    19    (ii) to provide financial assistance to local governments to assist in
    20  recycling education and litter cleanup and reduction.
    21    (b) The department shall not utilize more than  five  percent  of  the
    22  monies collected pursuant to this section for administrative purposes.
    23  § 27-3205. Recovery rates.
    24    No  later  than  July  first, two thousand twenty-five, the department
    25  shall determine the recycling and recovery rates for food service  pack-
    26  aging sold in the state. If the recycling of such food service packaging
    27  has  not  achieved a twenty-five percent recycling or recovery rate, the
    28  advanced recycling fee, pursuant to subdivision one of  section  27-3203
    29  of  this  title, shall increase to five-tenths of one cent per container
    30  on January first, two thousand twenty-six.
    31  § 27-3207. Advisory council.
    32    1. The department shall create a food service packaging material recy-
    33  cling advisory council to advise the department on  how  to  most  effi-
    34  ciently implement the provisions of this title.
    35    2.  The  council shall consist of fifteen individuals and will meet at
    36  least quarterly. The council shall annually select  a  chairperson  from
    37  its  membership.  Membership  shall  include  representatives  from  the
    38  following:   local governments, recyclers,  material  recovery  facility
    39  operators, waste haulers, environmental organizations, restaurants, food
    40  service  packaging  manufacturers  or  suppliers,  and users of recycled
    41  materials.
    42  § 27-3209. Exclusions.
    43    Any city and any county, other than a  county  wholly  within  such  a
    44  city,  which implements or enforces a local law, ordinance or resolution
    45  prohibiting the use, sale or distribution of any food service  packaging
    46  that was adopted after January first, two thousand twenty-one, shall not
    47  be eligible to receive any monies collected pursuant to this title.
    48    § 4. The state finance law is amended by adding a new section 92-kk to
    49  read as follows:
    50    §  92-kk.  Food  service  packaging recycling fund. 1. There is hereby
    51  established in the joint  custody  of  the  state  comptroller  and  the
    52  commissioner  of  taxation and finance a special fund to be known as the
    53  "food service packaging recycling fund".
    54    2. Such fund shall consist of  all  revenue  collected  from  advanced
    55  recycling  fees pursuant to section 27-3203 of the environmental conser-
    56  vation law and any cost recoveries or other revenues collected  pursuant
        S. 5893                             3

     1  to title thirty-two of article twenty-seven of the environmental conser-
     2  vation  law,  and  any  other monies deposited into the fund pursuant to
     3  law.
     4    3.  Monies  of  the  fund, following appropriation by the legislature,
     5  shall be used for food service packaging material recycling pursuant  to
     6  title  thirty-two of article twenty-seven of the environmental conserva-
     7  tion law, and expended for the purposes as set forth in section  27-3203
     8  of the environmental conservation law.
     9    § 5. This act shall take effect immediately.