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S5331

An act to amend the Environmental Conservation Law (food waste diversion and donation program) — 2023-04-25 · Calendar #613

The New York State Senate passed legislation Tuesday to expand the state's food waste diversion and donation program, overcoming Republican opposition that the measure was rushed and excluded key stakeholders. Senate Print 5331, sponsored by Sen. Harckham, advances a program currently in its 16th month of a pilot phase to require broader food waste recycling and donation across the state. The bill passed 44-17, with all 17 nays coming from Republican senators. Sen. Borrello led opposition, arguing the pilot program had insufficient time to prove its effectiveness and that the Restaurant Association—which participated in crafting the original program—was excluded from the legislative process on this expansion. Borrello also criticized the removal of a 25-mile radius requirement for food waste haulers, contending it would force restaurants in rural areas to pay for long-distance transportation by diesel trucks. Harckham countered that the expansion was always planned under the state's Climate Leadership and Community Protection Act scoping plan and that restaurants actually save money by eliminating waste tonnage. He noted that hardship waivers are available for those facing transportation barriers, with 90 percent of waiver requests granted during the pilot phase. The sponsor cited food waste as equivalent to emissions from 42 coal-fired power plants and noted that between 10 and 30 percent of New Yorkers go to bed hungry nightly. Eight other states and major cities have implemented similar programs, Harckham said.
PASSED Ayes: 44 · Nays: 17

Debate Summary

Sen. Harckham sponsored legislation to expand New York's food waste diversion program beyond its current 16-month pilot phase, citing climate change concerns and the fact that food waste comprises 18 percent of the municipal waste stream. Sen. Borrello opposed the bill, arguing the pilot program had insufficient time to prove effectiveness, that the Restaurant Association was excluded from the legislative process despite being involved in the original program, and that removing the 25-mile radius requirement would burden restaurants with expensive long-distance hauling by diesel trucks. Harckham countered that the expansion was planned under the Climate Leadership and Community Protection Act scoping plan, that restaurants save money through the program, and that hardship waivers are available for those facing transportation barriers.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Rhoads nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican