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

2. 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
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3. History 2010 State SWMP – Beyond Waste 2016 State of the State
Prior Drafts of the Part 360 Regulations
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4. NYSDEC’s Proposed Legislation
Governor’s Office
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5. 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
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6. “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)
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7. 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)
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8. 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)
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9. 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
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10. Responsibilities: Food Scraps Generators
Donation
Separate excess food for human consumption
Recycling
Separate food scraps
Ensure storage
Train employees to properly manage food scraps
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11. Responsibilities: Transporters
Prohibited from delivering source separated food scraps to a landfill or WTE facility
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12. Responsibilities: Transfer Stations
Maintain separation of source separated food scraps
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13. 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
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14. 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)
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15. 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
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16. 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
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17. 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
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18. 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
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19. 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
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20. California
2014 – Assembly Bill (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
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21. New Jersey
Pending Legislation – A “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
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22. Questions
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23. Thank you! Bodhi Piedmont-Fleischmann, EIT Project Engineer
Cornerstone, A Tetra Tech Company
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