Resolve, To Increase Recycling in Maine through Increased Composting and Energy Recovery from Organic Wastes

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the State has achieved significant improvements in recycling over the past 30 years but did not achieve the goal of 50% recycling by 2014, as called for in Maine law; and

Whereas,  studies have shown that organic waste is one of the largest remaining segments of the waste stream that could be diverted toward recycling and energy recovery systems in order to assist the State in achieving higher overall rates of recycling, perhaps meeting or exceeding the 50% goal; and

Whereas,  development of a comprehensive plan for increased composting and energy recovery must be initiated before the 90-day period expires in order that the comprehensive strategy established in this resolve and related recommendations may be developed and submitted in time to be considered in the next legislative session; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Development of comprehensive strategy. Resolved: That the Department of Environmental Protection shall develop a comprehensive strategy to encourage composting and energy recovery from food waste and other organic wastes. The strategy must seek to encourage organic waste diversion by large generators of food waste, composting at the municipal level through bans on the disposal of leaves and yard waste and expansion of facilities to compost and convert compostable materials into energy resources. As part of the development of a comprehensive strategy, the department shall evaluate options for establishing a commercial food waste ban for large generators of food waste that are located within 40 miles of a food waste composting or processing facility that has been approved by the department for receiving commercial food waste. For purposes of this section, "large generators" means entities that generate more than one ton of food waste per week and includes hospitals, colleges and universities, large secondary schools, restaurants, nursing homes, retail food stores and resort facilities. The department shall also explore strategies for keeping food waste out of the solid waste stream through collaborative initiatives with large generators to divert food products that are at or beyond their manufacturer’s expiration dates toward hunger relief programs and toward farm animal consumption. The department shall also evaluate impediments to and opportunities for increasing the number of facilities in the State that provide anaerobic digestion of organic waste; and be it further

Sec. 2. Stakeholder input. Resolved: That, in developing a comprehensive strategy under section 1, the Department of Environmental Protection shall actively seek input from a broad range of interested parties, including waste management facility operators, large institutions that generate significant amounts of food waste, experts in the composting of organic materials, agricultural representatives, environmental organizations, municipalities and operators of anaerobic digestion facilities; and be it further

Sec. 3. Recommendations and report. Resolved: That the Department of Environmental Protection shall submit the comprehensive strategy developed pursuant to section 1, including recommendations to the Joint Standing Committee on Environment and Natural Resources by January 15, 2016. The joint standing committee is authorized to report out legislation related to the comprehensive strategy.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This resolve requires the Department of Environmental Protection, with input from stakeholders, to develop a comprehensive strategy to encourage composting and energy recovery from food waste and other organic wastes. It requires the department to submit the strategy and related recommendations to the Joint Standing Committee on Environment and Natural Resources by January 15, 2016.