ASSEMBLY, No. 1872
STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman JAMES J. KENNEDY
District 22 (Somerset and Union)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Co-Sponsored by:
Assemblymen Sampson, Inganamort, Assemblywomen Speight, Donlon, Peterpaul and Assemblyman Bhalla
SYNOPSIS
Exempts community gardens operating on-site composting systems or other systems of managing organic waste from certain DEP permits under certain conditions.
CURRENT VERSION OF TEXT
As reported by the Assembly Environment and Solid Waste Committee on February 19, 2026, with amendments.
An Act concerning permits for certain community gardens 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. Notwithstanding any law, rule, or regulation to the contrary, a community garden that operates an on-site composting system, or other on-site system of managing organic waste in accordance with the Department of Environmental Protection’s standards for recycling, 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, for the operation of the on-site composting system provided that:
(1) the system accepts no more than 200 gallons per week of 1[source separated food] organic1 waste, except that a community garden located on property that is 5,000 square feet or larger in size may accept 1[source separated food] organic1 waste in an amount equal to 200 gallons per week per 5,000 square feet of property; and
(2) all compost generated from the system is used on-site exclusively for the community garden, except that such compost may be given away or offered for sale in accordance with the requirements of the Department of Environmental Protection providing for the disposition of processed Class C recyclable materials.
b. As used in this section:
“Community garden” means any publicly or privately owned piece of land maintained and cultivated as a garden by members of the surrounding community.
“1[Food] Organic1 waste” means 1[the same as the term is defined in section 1 of P.L.2020, c.24 (C.13:1E-99.122).
“Source separated” means the same as the term is defined in section 1 of P.L.2020, c.24 (C.13:1E-99.122)] any material found in the waste stream that can be broken down into, or otherwise become part of, useable compost, including, but not limited to, food scraps, soiled paper, and plant trimmings1.
2. This act shall take effect immediately.