ASSEMBLY ENVIRONMENT AND SOLID WASTE COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1872

with committee amendments

STATE OF NEW JERSEY

DATED:  FEBRUARY 19, 2026

      The Assembly Environment and Solid Waste Committee reports favorably and with committee amendments Assembly Bill No. 1872.

      As amended, this bill would exempt 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 (DEP) standards for recycling, from any permits required by the DEP 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. 

      To be eligible for the exemption provided by the bill:  (1) the system may not accept more than 200 gallons per week of organic waste, except that a community garden located on property that is 5,000 square feet or larger in size may accept organic waste in an amount equal to 200 gallons per week per 5,000 square feet of property; and (2) the compost generated from the system is to be used on-site for the community garden or be given away or offered for sale in accordance with the requirements of the DEP providing for the disposition of processed Class C recyclable materials.

      As defined in the bill, “community garden” means any publicly or privately owned piece of land maintained and cultivated as a garden by members of the surrounding community.

      This bill was prefiled for introduction in the 2026-2027 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) remove the definitions for the terms “food waste” and “source separated”; and

      (2) add a definition for the term “organic waste” and replace references to food waste in the bill with references to organic waste.