New York 2025-2026 Regular Session

New York Assembly Bill A10752

Introduced
3/27/26  

Caption

Enacts the state and local government food waste prevention and diversion act

Summary

This bill enacts the “state and local government food waste prevention and diversion act” and adds a new title to the Environmental Conservation Law governing how certain public-sector and public-contracted food service operations manage food waste. It applies to “covered food service establishments,” including food service operations run by state agencies, municipalities, local education agencies, and their contractors or lessees, when they generate food waste above specified weekly thresholds. The thresholds phase down over time, beginning at more than 2,000 pounds per week in 2025-2026, then more than 1,000 pounds in 2027-2028, and more than 500 pounds in 2029 and after. The bill requires covered establishments to first minimize excess food and then prioritize diversion in a set order: donating wholesome excess food to people in need, feeding excess food or scraps to animals where lawful, and finally composting, anaerobic digestion, or other organic waste processing. It also requires source separation of organic waste and access to collection or recycling services, along with educational materials and training for workers and the public. Establishments may request a waiver if compliance costs exceed 15 percent of landfill or incineration disposal costs, and existing contracts are grandfathered until renewal or extension. In addition to operational requirements, the bill directs the Department of Environmental Conservation to promote these practices and collect and report information on food waste reduction, donation, recycling, and available facilities or incentives. It also amends the state solid waste planning provisions to require planning units to account for food scraps and organic waste reduction, donation, animal feed uses, and processing into soil amendments or other products. Municipalities and local education agencies are expressly authorized to adopt stricter or more comprehensive local rules. The overall sentiment reflected in the bill text is strongly supportive of food waste reduction, food donation, composting, and broader organics diversion. Although there are no committee transcripts or recorded votes provided, the structure of the bill suggests a policy approach aimed at environmental benefits, waste reduction, and food insecurity relief, while also recognizing implementation costs through phased thresholds and a waiver process. The main points of potential contention are likely to be compliance costs, operational burden on public facilities and contractors, and the scope of covered establishments. The waiver provision and delayed applicability to existing contracts indicate an effort to address those concerns. Another possible issue is the administrative complexity of tracking waste streams, separating organics, and meeting reporting or educational requirements, especially for large institutional food service operations.

Impact

The bill would amend the Environmental Conservation Law by creating a new title on state and local government food waste prevention and diversion and by revising the state solid waste planning requirements. It would impose new waste management duties on covered public-sector food service establishments and their contractors, while also empowering municipalities and local education agencies to adopt stricter local standards. The bill would affect agencies, municipalities, school-related entities, food service contractors, waste haulers, composting and anaerobic digestion operators, food donation organizations, and facilities that generate large volumes of food waste.

Sentiment

No committee transcript or vote record is provided, so there is no direct evidence of debate or formal support/opposition. Based on the bill text, the measure appears to be framed positively around environmental conservation, waste diversion, food recovery, and assistance to food-insecure residents. The inclusion of phased implementation, contract grandfathering, and a cost-based waiver suggests the sponsor anticipated practical concerns and sought to make the proposal more acceptable to affected institutions.

Contention

Likely points of contention include the cost and logistics of compliance for covered food service establishments, especially those operating under existing contracts or with limited access to organics recycling infrastructure. The bill’s 15 percent cost-based waiver is a clear response to concerns about economic burden. Another possible area of dispute is the breadth of local authority, since municipalities and local education agencies may impose stricter requirements than the state baseline, which could create uneven compliance obligations across jurisdictions.

Companion Bills

NY S02179

Same As 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.

Similar Bills

No similar bills found.