Bill > S771

Introduced Session

This bill would require certain generators of solid waste to separate and recycle food waste, and amend the definition of "Class I renewable energy." Specifically, under the bill, beginning January 1, 2017, every large food waste generator that is located within 35 miles of an authorized recycling facility and that generates an average projected volume of 104 or more tons per year of food waste would be required to: (1) source separate that food waste; and (2) send the source separated food waste to an authorized recycling facility that has available capacity and will accept it. Beginning January 1, 2020, large food waste generators that produce an average projected volume of 52 or more tons per year of food waste would have to comply with these requirements. Under the bill, if a large food waste generator is not located within 35 miles of an authorized recycling facility, or the facility will not accept the generator's food waste, the generator may send the food waste for final disposal at a solid waste management facility. In addition, a large food waste generator would be deemed to be in compliance with the bill if the generator: (1) performs enclosed, on-site composting or anaerobic digestion of its source separated food waste; or (2) sends its solid waste to a facility that source separates food waste and provides for the recycling of that food waste and the proper recycling or disposal of the remainder of the solid waste. Any person who violates the bill would be subject to a civil penalty of $250 for the first offense, $500 for the second offense, and $1,000 for the third and subsequent offenses. If the violation is of a continuing nature, each day during which the violation continues would constitute a separate offense. The Department of Environmental Protection (DEP) would be required to adopt regulations concerning: (1) record keeping and reporting requirements; (2) guidelines for businesses to follow to determine whether they are subject to the bill; (3) a list of food waste products that must be source separated and recycled; (4) standards for the enclosed, on-site composting or anaerobic digestion of food waste; and (5) a list of actions businesses may take to reduce the amount of food waste they generate. The DEP would publish on its Internet website the name, location, and contact information for each authorized food waste recycling facility in the State. Finally, the bill would amend the definition of Class I renewable energy to include electric energy produced from methane gas from a composting or anaerobic digestion facility that converts food waste or other organic waste to energy. It is the sponsor's intent by this bill to incentivize the construction of more food waste-to-energy facilities in the State by ensuring a constant feedstock of source separated food waste.

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Christopher Bateman (R)*,  Bob Smith (D)*,  Robert Gordon (D), 

Senate Amendment (28-0) (Smith) (on 12/07/2017)