[First Reprint]

ASSEMBLY, No. 4548

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED SEPTEMBER 22, 2022

 


 

Sponsored by:

Assemblyman  JAMES J. KENNEDY

District 22 (Middlesex, Somerset and Union)

Assemblywoman  SHAMA A. HAIDER

District 37 (Bergen)

Assemblyman  STERLEY S. STANLEY

District 18 (Middlesex)

 

Co-Sponsored by:

Assemblywomen Lampitt and McKnight

 

 

 

 

SYNOPSIS

     Authorizes schools to receive certain food waste from other schools, and provides exemption to such receiving schools from certain DEP permits, under certain conditions.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Environment and Solid Waste Committee on September 29, 2022, with amendments.

  


An Act concerning food waste generated by schools and supplementing Title 13 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  Except as provided in subsection 1[b.] c.1 of this section, notwithstanding the provisions of any State law, or rule or regulation adopted pursuant thereto, or a district solid waste management plan adopted pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) to the contrary, a school may deliver, or provide for the delivery of, compostable 1or anaerobically digestable1 food waste generated by the school to another school in the State, provided that the receiving school:

     (1)  accepts the food waste;

     (2) composts the food waste using an on-site, in-vessel composting system 1or digests the food waste using an on-site anaerobic digestion system1 ; and

     (3)  does not accept food waste in excess of the capacity of its in-vessel composting system 1or anaerobic digestion system1 .

     b.  1A school that receives food waste pursuant to subsection a. of this section shall not be required by the Department of Environmental Protection to obtain a permit, approval, or other authorization issued by the department pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.), the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.), or the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), or any rules or regulations adopted pursuant thereto, in connection with the receipt of the food waste or the processing of food waste generated on-site.

     c.1  The provisions of this section shall not apply to a school that is subject to the provisions of P.L.2020, c.24 (C.13:1E-99.122 et al.).  A school that is subject to the provisions of P.L.2020, c.24 (C.13:1E-99.122 et al.) shall dispose of its food waste in accordance with that law.

     1[c.] d.1  As used in this section:

      1“Anaerobically digestible” means capable of undergoing anaerobic biological decomposition such that the material breaks down into a slurry fraction of digestate and a gaseous fraction of biogas.

     “Anaerobic digestion system” means a system of anaerobically digesting anaerobically digestible waste in which the waste is entirely enclosed, except for ventilation ducts or other means of ventilation, such that the material breaks down into, or otherwise becomes part of, liquid and solid digestate in addition to biogas.1

     “Compostable” means capable of undergoing aerobic biological decomposition such that the material breaks down into, or otherwise become part of, usable compost in a safe and timely manner.

     “In-vessel composting system” means a system of composting compostable waste in which the waste is entirely enclosed, except for ventilation ducts or other means of ventilation, within a building, container, or other vessel.

     “School” means a public or nonpublic elementary or secondary school offering education in grades K through 12, or any combination thereof, at which a child may legally fulfill compulsory school attendance requirements..

 

     2.  This act shall take effect immediately.