[First Reprint]

SENATE, No. 1206


with Senate Floor Amendments

(Proposed by Senator B.SMITH)


ADOPTED: JUNE 20, 2019


      These floor amendments: clarify the definition of "food waste;" clarify the definition of “alternative authorized recycling method” to provide that the gas recovered by anaerobic digesters includes renewable natural gas;  clarify that the bill's provisions apply when the large food waste generator generates at least 52 tons per year within 25 road miles of an authorized food waste recycling facility; provide that the requirements of the bill apply beginning on January 1, 2020 when a large food waste generator generates at least 52 tons per year; add language that a large food waste generator would be deemed in compliance with the requirements in the bill if it sends its food waste to a sanitary landfill facility that delivers landfill gas to a gas-to-energy facility only if the gas-to-energy facility was in operation prior to the date of enactment  of the bill or to a resource recovery facility that, beginning no later than four years after the date of enactment of the bill, processes the food waste it receives in an anaerobic digester;  clarify the definition of “authorized food waste recycling facility” to mean a Class C recycling center;  and add language to the definition of "large food waste generator" to exclude from the definition any interstate carrier conducting interstate transportation operations in the post-security area of an international airport.  The floor amendments also remove the 180-day time requirement for the Department of Environmental Protection to adopt rules and regulations to implement the provisions of the bill, and provide that the Governor, rather than the Commissioner of Environmental Protection, would appoint the public members to the Food Waste Recycling Market Development Council established in the bill.  The floor amendments also make technical corrections to the bill.