Bill Text: NJ S3153 | 2022-2023 | Regular Session | Amended
Bill Title: Authorizes schools to receive certain food waste from other schools, and provides exemption to such receiving schools from certain DEP permits, under certain conditions.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2023-12-21 - Approved P.L.2023, c.193. [S3153 Detail]
Download: New_Jersey-2022-S3153-Amended.html
[Third Reprint]
SENATE, No. 3153
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED OCTOBER 3, 2022
Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
Assemblyman JAMES J. KENNEDY
District 22 (Middlesex, Somerset and Union)
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Co-Sponsored by:
Assemblywomen Lampitt, McKnight, Senators Pou and Durr
SYNOPSIS
Authorizes schools to receive certain food waste from other schools, and provides exemption to such receiving schools from certain DEP permits, under certain conditions.
CURRENT VERSION OF TEXT
As amended on December 11, 2023 by the Senate pursuant to the Governor's recommendations.
An Act concerning food waste generated by schools 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. Except as provided in subsection 1[b.] 3[c.1] d.3 of this section, notwithstanding the provisions of 3[any State law] 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 seq.)3 , or rule or regulation adopted pursuant thereto, or a district solid waste management plan adopted pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) to the contrary, a school may deliver, or provide for the delivery of, compostable 2or anaerobically digestible2 food waste generated by the school to another school in the State, 3and a school in the State may accept and process compostable or anaerobically digestible food waste,3 provided that the receiving school:
(1) accepts the food waste;
(2) composts the food waste using an on-site, in-vessel composting system 2or digests the food waste using an on-site anaerobic digestion system2 ; 3[and]3
(3) does not accept food waste in excess of the capacity of its in-vessel composting system 2or anaerobic digestion system2 3[.] ; and
(4) notifies the Department of Environmental Protection and applicable local government entities of its intent to begin accepting food waste from another school via a form provided by the department.3
b. 1A school that receives food waste pursuant to subsection a. of this section 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.) 3[,] or3 the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.), 3[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.),]3 or any rules or regulations adopted pursuant thereto, in connection with the receipt of the food waste or the processing of food waste generated on-site.
c.1 3Notwithstanding the provisions of any State law or rule or regulation adopted pursuant thereto, a school that composts food waste generated on-site or received pursuant to subsection a. of this section using an on-site, in-vessel composting system, or digests such food waste using an on-site anaerobic digestion system, shall not be subject to any fees to obtain any permits required for such an on-site, in-vessel composting system or anaerobic digestion system pursuant to the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.), the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), any other State law, or any rule or regulation adopted pursuant thereto.
d.3 The provisions of this section shall not apply to a school that is subject to the provisions of P.L.2020, c.24 (C.13:1E-99.122 et al.). A school that is subject to the provisions of P.L.2020, c.24 (C.13:1E-99.122 et al.) shall dispose of its food waste in accordance with that law.
1[c.] 3[d.1] e. In order to ensure that a school's composting or anaerobic digestion of food waste is conducted in a manner that avoids public health and environmental impacts, the Department of Environmental Protection shall issue guidance for school composting and anaerobic digestion systems addressing odor control, vessel siting, operational standards, and record keeping. The Department of Environmental Protection may promulgate such rules and regulations as are necessary to implement the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).
f.3 As used in this section:
2"Anaerobically digestible" means capable of undergoing anaerobic biological decomposition such that the material breaks down into a slurry fraction of digestate and a gaseous fraction of biogas.
"Anaerobic digestion system" means a system of anaerobically digesting anaerobically digestible waste in which the waste is entirely enclosed, except for ventilation ducts or other means of ventilation, such that the material breaks down into, or otherwise becomes part of, liquid and solid digestate in addition to biogas.2
"Compostable" means capable of undergoing aerobic biological decomposition such that the material breaks down into, or otherwise become part of, usable compost in a safe and timely manner.
"In-vessel composting system" means a system of composting compostable waste in which the waste is entirely enclosed, except for ventilation ducts or other means of ventilation, within a building, container, or other vessel.
"School" means a public or nonpublic elementary or secondary school offering education in grades K through 12, or any combination thereof, at which a child may legally fulfill compulsory school attendance requirements.
2. This act shall take effect immediately.
