This bill provides that, beginning July 1, 2027, a designated food waste generator may not dispose of its generated food waste at an incineration facility or solid waste landfill and must to the maximum extent practicable reduce the volume of food waste it generates, separate and arrange for the donation of excess edible food and manage the remaining food waste it generates through agricultural use, composting or anaerobic digestion at the point of generation, at a different location or by transferring the food waste to an organics recycler for management. The Department of Environmental Protection may approve a temporary waiver from these requirements for a designated food waste generator based on undue hardship for a period not to exceed 3 years. The bill specifies that whether a person is considered a designated food waste generator is based on the average amount of food waste generated weekly by the person. Beginning July 1, 2027 and until June 30, 2029, a designated food waste generator is a person that generates an annual average of 2 or more tons per week of food waste and that is located within 20 miles of an organics recycler with available capacity. Beginning July 1, 2029, a designated food waste generator is a person that generates an annual average of one or more tons per week of food waste and that is located within 25 miles of an organics recycler with available capacity. The bill specifies that, not earlier than July 1, 2032, the department may adopt rules providing that a designated food waste generator includes a person that generates an annual average of less than one ton but greater than 100 pounds per week of food waste or that is located farther than 25 miles from an organics recycler with available capacity. The bill also makes changes to the State's food recovery hierarchy and clarifies the state waste disposal reduction goal.

Statutes affected:
Bill Text LD 1065, SP 438: 38.2101, 38.2132