Organics Diversion Legislation in New York State Bodhi Piedmont-Fleischmann December 1, 2016

A Look Ahead NYSDEC’s Proposed Legislation History Overview The Legislative Process Proposed Part 360 Regulations Responsibilities Under the Proposed Legislation Existing Food Waste Diversion Legislation/Regulation © 2016 Cornerstone. All rights reserved.

History 2010 State SWMP – Beyond Waste 2016 State of the State Prior Drafts of the Part 360 Regulations © 2016 Cornerstone. All rights reserved.

NYSDEC’s Proposed Legislation Governor’s Office © 2016 Cornerstone. All rights reserved.

Proposed NYSDEC Legislation Tentative implementation on January 1, 2021 Likely ~5 years from passage Designated food scraps generators (greater than 2 tons/week) required to donate excess edible food Generators required to recycle food scraps if a viable organics processing facility is within 50 miles Prohibits disposal of separated food scraps NYC is exempt as long as the existing local diversion program remains © 2016 Cornerstone. All rights reserved.

“Designated food scraps generator” “A person who generates at a single location an annual average of two tons per week or more of excess food and food scraps, including, but not limited to, supermarkets, restaurants, educational institutions, correctional facilities, entertainment venues, hospitals and other healthcare facilities.” - NYSDEC Stakeholders Meeting Presentation (Increasing Food Donation and Food Scrap Recycling in New York State: Potential Legislation, August 2016) © 2016 Cornerstone. All rights reserved.

Food Scraps Recycling Animal Feed or a Feed Ingredient Rendering Land Application Composting Digestion Ethanol Production Other Approved Methods - NYSDEC Stakeholders Meeting Presentation (Increasing Food Donation and Food Scrap Recycling in New York State: Potential Legislation, August 2016) © 2016 Cornerstone. All rights reserved.

Navigating the Legislative Process Introduced by the Governor within the Executive Budget proposal January 2017 Negotiated and passed by the Legislature March 2017 Establishment of infrastructure 2017 through 2021 Implementation Tentatively 1/1/2021 (Likely to be 5 years from passage) © 2016 Cornerstone. All rights reserved.

Support in Proposed Part 360 Regulations Subpart 361-2 Land Application and Associated Storage Facilities Subpart 361-3 Composting and Other Organics Processing Facilities Exemptions and registrations to encourage organics processing © 2016 Cornerstone. All rights reserved.

Responsibilities: Food Scraps Generators Donation Separate excess food for human consumption Recycling Separate food scraps Ensure storage Train employees to properly manage food scraps © 2016 Cornerstone. All rights reserved.

Responsibilities: Transporters Prohibited from delivering source separated food scraps to a landfill or WTE facility © 2016 Cornerstone. All rights reserved.

Responsibilities: Transfer Stations Maintain separation of source separated food scraps © 2016 Cornerstone. All rights reserved.

Responsibilities: Disposal Facilities Prohibited from accepting source separated food scraps from a designated food scraps generator Estimated 275,000 tons of food scraps per year will be donated or recycled in NYS as a result of the legislation © 2016 Cornerstone. All rights reserved.

Existing Food Waste Diversion Legislation/Regulation NYSDEC Stakeholders Meeting Presentation (Increasing Food Donation and Food Scrap Recycling in New York State: Potential Legislation, August 2016) © 2016 Cornerstone. All rights reserved.

Connecticut 2011 – Public Act 11-217 Designated Commercial Generators: Projected annual generation rate greater than 104 tons per year, effective January 1, 2014 After 2020, volume cap decreases to 52 tons per year Located within 20 miles of a permitted recycling facility http://www.depdata.ct.gov/maps/recycling/foodresidualmap.htm © 2016 Cornerstone. All rights reserved.

Vermont 2012 – Act 148 (Universal Recycling Law) Designated Generators: Includes any “person whose acts or processes produce…food residuals” Greater than 104 tons per year: July 1, 2014 Greater than 52 tons per year: July 1, 2015 Greater than 26 tons per year: July 1, 2016 Greater than 18 tons per year: July 1, 2017 Any amount, no distance exemption: July 1, 2020 http://dec.vermont.gov/waste-management/solid/materials-mgmt/food-donation © 2016 Cornerstone. All rights reserved.

Massachusetts 2014 – Update to Solid Waste Facility Regulations Commercial Organic Materials Generators: Greater than 1 ton per week, effective October 1, 2014 Commercial organic material meeting this definition is banned from disposal http://www.mass.gov/eea/docs/dep/recycle/reduce/06-thru-l/fdcomlst.pdf © 2016 Cornerstone. All rights reserved.

New York City 2013 – Local Law 146 (Commercial Organic Waste Law) Covered Establishments: Food manufacturer Food wholesaler Retail food store Arena/stadium Food service establishment Subject to specific criteria Effective July 1, 2015 Annual assessment by DSNY Food preparation establishment Catering establishment Hotels Temporary public event © 2016 Cornerstone. All rights reserved.

Rhode Island 2014 – Chapter 23-18.9 (Refuse Disposal Laws) Institutional and Commercial Generators: Greater than 104 tons per year, effective January 1, 2016 Located within 15 miles of a permitted recycling facility with available capacity © 2016 Cornerstone. All rights reserved.

California 2014 – Assembly Bill 1826 (Mandatory Commercial Organic Recycling) Commercial Generators: Greater than 8 cubic yards per week, effective April 1, 2016 Greater than 4 cubic yards per week, effective January 1, 2017 Organic Waste Recycling Programs Jurisdictions must implement by January 1, 2016 © 2016 Cornerstone. All rights reserved.

New Jersey Pending Legislation – A4397 “Food Waste Recycling Act” (Introduced May 2015) Class C Recyclable (Source Separated Compostable Material) Currently qualify for exemption from the Recycling Tax Incentivized, not mandatory http://www.nj.gov/dep/dshw/recycling/images/logos/recycle_large.gif © 2016 Cornerstone. All rights reserved.

Questions © 2016 Cornerstone. All rights reserved.

Thank you! Bodhi Piedmont-Fleischmann, EIT Project Engineer Cornerstone, A Tetra Tech Company Bodhi.PF@CornerstoneEG.com © 2016 Cornerstone. All rights reserved.