New Jersey Senate passes food waste bill

The bill, which requires large generators of food waste to recycle the material instead of sending it to landfill, was released from the Senate by a vote of 22 to 17 and is on its way to Gov. Phil Murphy’s desk.


The New Jersey Senate gave final legislative approval for the long-awaited food waste bill on March 5. The bill, which requires large generator of food waste to recycle the material instead of sending it to landfill, was released from the Senate by a vote of 22 to 17 and is on its way to Gov Phil Murphy’s desk.

Under the bill, referred to as A2371, every large food waste generator located within 25 miles of an authorized food waste recycling facility and that generates an average projected volume of 52 or more tons per year of food waste would be required to source separate its food waste from other solid waste.

If a large food waste generator is not located within 25 miles of an authorized food waste recycling facility, the generator may send the food waste for final disposal at a solid waste management facility. In addition, a large food waste generator would be deemed in compliance with the bill if the generator performs enclosed, onsite composting or recycles food waste using an alternative authorized food waste recycling method.

“Food waste in this country and in New Jersey is a major problem and a serious waste of resources. The purpose of this legislation is to encourage the construction of more food waste-to-energy facilities, which can use food waste to generate electricity,” says Sen. Bob Smith in a statement. “This process will ensure a constant source of separated food waste at our sanitation facilities across the state.”

The New Jersey Composting Council touted the bill's passage as a "legislative win," explaining that the bill will do the following:

  • Create a Food Waste Recycling Market Development Council to provide recommendations on how to increase demand for products and energy generated by food waste recycling facilities.
  • Require state departments or agencies that engage in landscaping or construction to use compost, mulch or other soil amendments generated from recycling of organic materials where competitively priced and feasible.
  • Provide a financial incentive for energy generated at a food waste recycling facility by giving the facility a “class I renewable energy certificate,” which in turn can be sold on an open market or to energy suppliers and can be used by energy suppliers to meet renewable energy portfolio requirements.