Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblywomen Quijano and Hall
SYNOPSIS
Establishes Statewide targets to reduce disposal of organic waste in landfills; requires DEP to adopt regulations to achieve targets.
CURRENT VERSION OF TEXT
As reported by the Assembly Environment, Natural Resources, and Solid Waste Committee on May 8, 2025, with amendments.
An Act concerning the reduction of organic waste in landfills and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
11. a. The Legislature finds and declares that pursuant to section 2 of P.L.2017, c.136 (C.13:1E-227), it is the policy of the State of New Jersey to reduce food waste generated in the State by 50 percent by the year 2030.
b. The Legislature further finds and declares that despite the enactment of targeted measures such as P.L.2020, c.24 (C.13:1E-99.122 et al.), which mandates food waste recycling for certain large generators, additional Statewide action is necessary to comprehensively implement and achieve the food waste reduction goals established by the 2017 law.
c. The Legislature further finds and declares that this act is intended to operationalize the 2017 State food waste reduction policy by establishing enforceable diversion targets, timelines, and programmatic support for edible food recovery, organics infrastructure development, and phased compliance requirements across the public and private sectors.
d. The Legislature therefore determines that it is in the public interest to build upon existing laws and to provide the Department of Environmental Protection with the tools necessary to assess readiness, ensure equitable implementation, and coordinate local and regional action consistent with New Jersey’s environmental justice, public health, and sustainability objectives in order to effectively meet the State’s food waste reduction goals.1
12. As used in this act:
“Class C recyclable material” means a source separated compostable material which is subject to department approval prior to the receipt, storage, processing or transfer at a recycling center pursuant to subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34) and which includes, but is not limited to, organic materials such as: source separated food waste; source separated biodegradable plastic; source separated yard trimmings, including any biodegradable paper bags in which the yard trimmings are collected; source separated biomass; and lakeweed generated from the cleaning of aquatic flora from freshwater lakes.
“Department” means the Department of Environmental Protection.
“Edible food” means food intended for human consumption that is safe to eat, as determined by applicable health and safety standards, and not spoiled or otherwise contaminated.
“Generator” means any person or entity that produces organic waste, including, but not limited to, commercial businesses, institutions, industrial processors, government agencies, and residential entities, as determined by the department.
“Leachate” means a liquid which has come in contact with or percolated through a porous solid and extracted dissolved and suspended material, including condensate from gases that have passed through a porous solid and that contain dissolved or suspended material.
“Organic waste” means materials of biological origin that can be composted or digested anaerobically, including, but not limited to, food scraps, food-soiled paper, yard trimmings, clean wood, and other compostable materials, as determined by the department. “Organic waste” shall not include sewage sludge, biosolids, or materials contaminated with hazardous substances.
“Overburdened community” means the same as the term is defined in section 2 of P.L.2020, c.92 (C.13:1D-158).
“Recycling center” means a facility designed and operated solely for receiving, storing, processing or transferring source separated recyclable materials. “Recycling center” shall not include recycling depots, manufacturers, or scrap processing facilities.1
1[1] 31. a. There is established for the State the following targets to reduce the disposal of organic waste in landfills:
(1) a 50 percent reduction in the level of the Statewide disposal of organic waste from the 1[2016 level] baseline year level established pursuant to subsection g. of this section1 by 1[January 1, 2027] January 1 of the seventh year following the effective date of this act1; and
(2) a 75 percent reduction in the level of the Statewide disposal of organic waste from the 1[2016 level] baseline year level established pursuant to subsection g. of this section1 by 1[January 1, 2032] January 1 of the 12th year following the effective date of this act1.
b. No later than 18 months after the effective date of this act, the Department of Environmental Protection shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to achieve the targets established in subsection a. of this section. If the department fails to adopt the regulations within the prescribed time period, the Senate Environment and Energy Committee and the Assembly Environment and Solid Waste Committee, or their successors, shall hold a joint public hearing no later than 30 days after the expiration of the prescribed time period, at which the Commissioner of Environmental Protection, or the commissioner's designee, shall testify to provide the reasons why the regulations were not adopted.
(1) The regulations adopted pursuant to this subsection may:
(a) require local governments to impose requirements on generators of organic waste or other appropriate persons or entities within their jurisdictions, and may authorize local governments to impose reasonable penalties for noncompliance; 1and1
(b) include different tiers of requirements for local governments and phased timelines for compliance with those requirements, based upon each local government’s progress in meeting the targets established in subsection a. of this section1[; and
(c) may include reasonable penalties to be imposed by the department for noncompliance]1.
(2) The regulations adopted pursuant to this subsection shall:
(a) include requirements intended to meet the goal that not less than 1[20] five1 percent of excess, unused, and edible food that is currently disposed of is recovered for human consumption by 1[2035, and] January 1 of the seventh year following the effective date of this act; that not less than 10 percent of excess, unused, and edible food that is currently disposed of is recovered for human consumption by January 1 of the ninth year following the effective date of this act; that not less than 15 percent of excess, unused, and edible food that is currently disposed of is recovered for human consumption by January 1 of the 11th year following the effective date of this act; and that not less than 20 percent of excess, unused, and edible food that is currently disposed of is recovered for human consumption by January 1 of the 13th year following the effective date of this act, in accordance with1the food waste goals established in section 2 of P.L.2017, c.136 (C.13:1E-227);
(b) 1[not include a numeric organic waste disposal limit for individual landfills] prohibit the disposal in landfills of organic waste generated by persons or entities subject to the phased compliance schedule established pursuant to paragraph (3) of this subsection, in accordance with timeframes established by the department1; 1[and]1
(c) 1[include] provide1 a two-year grace period from the 1[assessment of any penalties for noncompliance, beginning on the date the regulations adopted pursuant to this subsection take effect] effective date of any rule or regulation adopted pursuant to this subsection, during which penalties shall not be imposed on any generator or local government that demonstrates good faith efforts to comply; and
(d) adopt standards and best practices for minimizing contamination in source-separated organic waste streams, including, but not limited to, requirements for generator training, bin labeling, and inspection protocols.
(3) The department shall adopt, by regulation, a phased compliance schedule to prohibit the disposal of organic waste in landfills by large generators of organic waste, which shall be based on the quantity of organic waste generated.
(a) The initial phase shall apply to generators that produce more than two tons of organic waste per week. The department shall establish, by regulation, additional generator size thresholds and the corresponding compliance dates for each threshold tier.
(b) In developing the phased compliance schedule, the department shall consider the availability of regional infrastructure for the collection, transport, processing, or recovery of organic waste, including composting, anaerobic digestion, and edible food recovery capacity. The department may adjust the timing of compliance obligations for specific generator tiers or geographic areas, as necessary, to account for insufficient access to such infrastructure.
(4) The department shall consult with food recovery organizations, food banks, and public health agencies in developing regulations pursuant to this subsection and implementation strategies related to edible food recovery under this act1.
c. 1(1)1 A local government may charge and collect reasonable fees from generators of organic waste and other appropriate persons or entities to recover any costs the local government incurs in complying with the rules and regulations adopted pursuant to subsection b. of this section.
1(2) Any fee imposed pursuant to this subsection shall be based on actual and reasonable costs incurred by the local government for compliance activities, including, but not limited to, organic waste collection, transportation, processing, public education, and program administration.
(3) Each local government that imposes a fee pursuant to this subsection shall, where practicable, implement a variable rate pricing system that charges generators in proportion to the quantity or volume of organic waste generated, with the purpose of promoting waste reduction and equitable cost distribution.
(4) Each local government that imposes a fee pursuant to this subsection shall submit an annual report to the department, in such form as the department shall prescribe, detailing:
(a) the methodology used to determine the fee schedule;
(b) a breakdown of the costs being recovered;
(c) the rate structure applied to different categories of generators; and
(d) any accommodations, exemptions, or reduced rates offered to small generators or nonprofit organizations, including food pantries and shelters.
(5) The department shall review any reported fee methodologies for consistency with this subsection and may require a local government to revise its fee schedule if the department determines that it is not based on actual and reasonable costs, is inconsistent with the intent of this act, or is otherwise inequitable. The department shall issue guidance recommending cost protections for small-volume generators and food rescue organizations, and may develop waiver criteria for those entities.1
d. No later than July 1, 2027, 1and every two years therafter,1 the department shall prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, analyzing the progress that the solid waste sector, State government, and local governments have made in achieving the organic waste reduction targets established pursuant to subsection a. of this section. The analysis shall include, but need not be limited to:
(1) the effectiveness of the rules and regulations adopted pursuant to subsection b. of this section and recommendations for both legislative and regulatory action to further reduce the disposal of organic waste in landfills;
(2) the status of organic waste recycling infrastructure in the State, and the availability of State or local funding to support the expansion of that infrastructure;
(3) the State’s progress toward attracting and permitting new organic waste recycling facilities, and recommendations for both legislative and regulatory action, including new incentives, to facilitate the siting and permitting of such facilities; 1[and]1
(4) the status of markets in the State for the products generated by organic waste recycling facilities, including, but not limited to, compost and biomethane 1;and
(5) key performance metrics, including, but not limited to:
(a) generator compliance rates by sector and size tier;
(b) contamination levels in source-separated organic waste streams;
(c) edible food recovery tonnage and trends over time; and
(d) regional infrastructure capacity and utilization rates1.
e. Nothing in this section shall be construed to limit the authority of a local government to adopt, implement, and enforce requirements regarding the reduction of organic waste that are more stringent than, or in addition to, those adopted pursuant to this section.
1f. No later than 12 months after the effective date of this act, the department shall prepare and publish a Statewide Organic Waste Infrastructure Readiness Assessment. The assessment shall evaluate the capacity of existing organic waste processing infrastructure, identify geographic, operational, and financial gaps, review permitting obstacles, and provide recommendations to support the reduction targets established in subsection a. of this section. The assessment shall be submitted to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).
g. The department shall establish a baseline year level for measuring the Statewide disposal of organic waste. The baseline year level shall reflect the most recent year for which comprehensive and reliable data is available on the disposal of organic waste in New Jersey. The department may update the baseline year level by adopting rules and regulations if more recent or improved data becomes available. The department shall publish the baseline year level and its supporting methodology on its Internet website no later than 12 months after the effective date of this act.
h. No later than 18 months after the effective date of this act, the department shall develop and publish a model ordinance for use by local governments to implement the requirements of this act. The model ordinance shall include, but need not be limited to:
(1) generator obligations based on quantity and type of organic waste generated;
(2) enforcement provisions, including penalties and compliance timelines; and
(3) cost recovery structures, including guidance on variable-rate pricing and fee transparency.
i. The department shall encourage and support the formation of regional partnerships or shared services agreements among local governments and private sector entities to develop or expand organic waste processing capacity or collection programs.
j. The department may issue technical guidance, best practices, or other non-regulatory materials to support the implementation of this act, provided such materials are clearly distinguished from rules adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).1
14 a. The department may assess civil administrative penalties, in an amount and manner determined by the department, for any generator, hauler, or local government that violates any provision of this act, or any rule or regulation adopted pursuant thereto.
b. Penalties shall be assessed in a manner that is proportionate to the nature, severity, and duration of the violation, and may be waived or reduced, in the department’s discretion, upon a showing of good faith efforts to comply with the provisions of this act, or any rule or regulation adopted pursuant thereto.
c. No later than 18 months after the effective date of this act, the department shall adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations concerning the enforcement of this act, which shall include, but need not be limited to, procedures for providing notice of a violation, procedures for providing a reasonable opportunity to remedy the violation, and procedures for providing for an administrative hearing or appeal of a violation.1
15. a. The department shall establish a program to provide grants or low-interest loans to counties, municipalities, nonprofit organizations, and private entities engaged in the collection, processing, or recovery of organic waste to support the implementation of this act.
b. In establishing the program, the department shall develop eligibility criteria and an application process for grants or loans to be awarded pursuant to this section. The amount of grants or loans to be awarded pursuant to this section shall be determined by the department.
c. Grants or loans awarded pursuant to this section may be used for purposes including, but not limited to:
(1) the planning, siting, construction, or expansion of organic waste collection, processing, or recovery infrastructure, including composting and anaerobic digestion facilities;
(2) the development or expansion of edible food recovery and donation networks, including cold storage, transportation, and redistribution systems;
(3) education and outreach initiatives designed to reduce organic waste generation and improve source separation and compliance; and
(4) technical assistance to support local governments or private entities in complying with the requirements of this act.
c. In awarding grants or loans pursuant to this section, the department shall prioritize applications that:
(1) serve multiple municipalities or a defined geographic region;
(2) serve overburdened communities or areas lacking adequate organic waste infrastructure;
(3) include cost-sharing or matching funds from local government, nonprofit, or private sector sources; or
(4) expand or enhance edible food recovery systems that divert food suitable for human consumption from the waste stream.
c. The department shall prepare and submit a report on the program to the Governor, and pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, and make the report available on the department’s Internet website, no later 18 months after the first grant or loan is awarded. The report shall include the number of applicants that applied for the program, the quantity and names of applicants approved for the program, the total number of grants or loans distributed, and any other information the department determines necessary.1
16. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, no later than December 31, 2025, the department shall not require recycling centers that process Class C recyclable material to operate within an enclosed structure.
b. No later than December 31, 2025, the department shall:
(1) update any existing regulations to ensure compliance with the requirements of subsection a. of this section; and
(2) adopt performance-based standards for odor, leachate, and vector control at recycling centers that process Class C recyclable material that are consistent with national best practices, including those developed by the United States Environmental Protection Agency and the United States Composting Council.1
1[2.] 7.1 This act shall take effect immediately.