An Act Regarding the Reduction and Recycling of Food Waste
Maine Legislature, Session 131, LD 1009
Committee Amendment CA_A_H775 (House)
Amends: 38 MRSA §2101-A, 38 MRSA §2101-B, 38 MRSA §2132, 38 MRSA §2147

COMMITTEE AMENDMENT "/f " to H.P. 645, L.D, 1009, "An Act Regarding the
Reduction and Recycling of Food Waste"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 38 MRSA §2101-A, as amended by PL 2019, c. 291, Pt, B, §2, is farther
amended to read;
§2101-A. Definitions
As used in this chapter, unless the context otherwise mdicates, the following terms
have the following meanings.
1-A. Anaerobic dieestion. "Anaerobic dieestion" meansjhebreakdown of organic
material by microorganisms in the absence of oxveen to produce biogas.
3. Bureau. "Bureau" means the Bureau of General Services within the Department of
Administrative and Financial Services as authorized pursuant to Title 5, section 1742,
3-A. Compostine. Comoostine means the processine of organic material, includine.
but not limited to, food waste, for soil application using a method of accelerated bioloeical
decomposition of the organic material under controlled or uncontrolled conditions.
3-B. Excess edible food. "Excess edible food" means edible food that is nQjsold or
otherwise used by a_fQodwa_ste generator for human consumption, "Excess
edible food" does not include unpackaeed raw meat, fish or poultry; food damaged by pests,
mold, bacteria or othei'_contamination; food subject to a eovemmental or producer recall
fbr_food_safety reasons; or food returned to a supplier by the food waste eenerator,'
3-C. Food rescue oreanization. "Food rescue oreanization" means an organization
that collects edible food that would otherwise be managed as wasteand_distributes the food
fQtji-ee foi^hyman consumption, "Food rescue oreanization" includes, but is not limited
to, a food pantrv. food bank, soup kitchen or communitv-based organization providine
similar services.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "H " to H.P. 645, L.D. 1009
3-D. Food waste. "Food waste" means material derived from processing or discarding
food that is not sold or consumed. "Food waste" includes excess edible food that cannot
be donated to a food rescue organization but does not include;
A^_Qrgamc material produced or generated by a producer that is not consumable by
humans or animals, such as plant stems, stalks or roots, or that is culled. off-grade or
outside of specification. As used in this paragraph, "producer" has the same meaning
as in Title 7, section 320-A, subsection 1, paragraph C;
B. Coolcing oil or yellow grease from residential sources;
C, Biomedical waste, hazardous waste, sludee or septage;
D, NonQrgamcmateriaL
E. Any food subject to a governmental or producer recall for food safety reasons; or
T_._ Any other material identified by the department by routine technical rule,
3-E. Point of eeneration. "Point of generation" means the location where waste is
initially produced,
4. Recycling establishment. "Recycling establishment" means an establishment
engaged in the marketing, brokering or purchasing of reportable recyclable materials
generated in the State. "Recycling establishment" does not include an establishment that
directs all reportable recyclable materials it markets, brokers or purchases to brokers and
purchasers that are located in the State,
5. Reportable recyclable materials. "Reportable recyclable materials" means any of
the following categories of recyclable materials that are separated from household,
commercial or institutional waste and that are delivered to a recycling establishment for
recycling; glass; cardboard, paper and paper products; plastic and plastic products; cartons,
laminated materials and other packaging; nonferrous and ferrous metals, includuig white
goods; textiles; and mixed streams ofrecyclable materials that include any combination of
the materials listed in this subsection.
6. Soil apDlicatiQn. ''Soil apolicatun of material to soil to
improve its physical nroperties, such as water retention, permeabilitv. water infiltration,
nutrient levels, drainage or aeration.
Sec. 2. 38 MRSA §2101-B, sub-§l, as enacted by PL 2015,c,461,§1, is amended
to read;
1. Priorities. It is the policy of the State to support the solid waste management
hierarchy in section 2101 by preventing and diverting swptes-feed-and food seyaps waste
from land disposal or incineration and by ensuring the management of food waste in
5 accordance with section 2147 and the following order of priority:
A, Reduction of the volume of swptes food waste generated at the sewee point of
generation;
B. Donation of surplus excess edible food to food banks, soup kitchens, shelters and
other entities rescue organizations or similar entities that will use swplus the food te
feed hungry people for human consumption;
C. Diversion of food sefaps waste for agricultural use as animal feed, mcludmg
consumption by animals;
COMMITTEE AMENDMENT
A-
COMMITTEE AMENDMENT " f\" to H.P. 645, L.D. 1009
D, Utilization of waste oils for rendering and fuel convsrsion, utilization of food scraps
for digestion to recover energy, other waste utilization technologies and creation of
nutrient rich soil amendments through the composting of food scraps; and
D-l. Composting or anaerobic dieestion of food waste, which may include energy
recovery, and subsequent soil auolication as longLas; the food waste is not mixed with
sludge or septage durine coiTiposting or anaerobic dieestion and before soil application;
D-2, Anaerobic digestion of food waste not followed by soil awlication; and
E, Land disposal or incineration of food semps waste.
Sec. 3. 38 MRSA §2132, sub-§l-B, as enacted by PL 2015,c.461,§4, is amended
to read;
1-B. State waste disposal reduction goal. It is the goal of the State to reduce the
statewide per capita disposal rate of municipal solid waste tonnage to 0.55 tons disposed
per capita by January 1, 2019 and to further reduce the statewide per capita disposal rate
by an additional 5% every 5 years thereafiter. The baseline for calculating this reduction is
the 2014 solid waste generation and disposal capacity data gathered by the department,
Methods to achieve the goal under this subsection include efforts to consume or encourage
the consumption of fewer resources. to reduce or encourage the reduction of the waste or
inefficient use of resources and to increase_the reuse or repurposine of solid waste.
Sec. 4. 38 MRSA §2147 is enacted to read:
§2147. Food waste management; diversion
1. Definitions. As used in this_section, unless the context otherwise indicates, the
following terms have the followine meanings.
A^_"Designated food waste eenerator" means a person that:
d) Beginning July 1, 2026 and until June 30. 2028. generates at a single location
an annual average of 2 or more tons per week of food waste and is located within
20 miles of an organics recycler with available capacity to_acceDt the food waste
generated by the person at the location;
(2) Beeinning July 1. 2028. generates at a single location an annual average of one
or more tons _ner week of food waste and is located within 25 miles of an oreanics
recYc_ler_with available capacity to accept the food waste eenerated by the person
at the location; and
(3) Not earlier than July 1. 2031 and subject to the adoption of rules by the
department pursuant to subsection 5, paragraph B. generates at a single location
the annual average per week of food waste specified by the department by rule
pursuant to subsection 5. paragraph B and is located within the distance specified
bv the department by rule pursuant to subsection 5. paraeraph B from an oreanics
recvcler with available capacity to accept the _fogd waste generated by the Derson
at the location,
B, "Organics recycler" means, an agricultural operation. comDosting facility, anaerobic
dieestion facility or any other facility that diverts food waste from incineration or
landfill disposal,
Page3-131LR0771(02)
COMMITTEE AMENDMENT
•A"1
COMMITTEE AMENDMENT "^ " to H,P. 645, L.D. 1009
C, "Single location" means contiguous property under common ownership. which may
include one or more buildings.
2. Designated food waste generators; prohibition. BeginnineLiuly 1, 2026, a
designated food waste generator may not dispose of or facilitate the disposaLofjts
generated food waste at an incineration facil[ty_or solid waste landfill and shall:
A. To the maximum extent practicable, reduce the volume of the food waste it
generates;
B. To the maximum extent practicable, separate excess edible food from other food
waste and arrange for the donation of the excess_edible_food to a food rescue
oreanization; and
C, Except as otherwise specified in this_Daragraph, separate food waste from other
types of waste at the point of generation and transfer or facilitate the transfer of the
food waste to an oreanics recycler for manaeement_m.accordance with the following
order ofm'iorities;
d) Agricultural use, including consumption by animals;
f2) Composting or anaerobic digestion. which may include energy recovery, and
subseguent.soil apclicationL^
(3) Anaerobic digestion not followed by soil application.
A designated food waste generator may manage the food waste it generates at the point
of generation or at a different location through aericultural use, composting or
anaerobic dieestion as lone as the management of the food waste is consistent with the
priorities in section 2101-B. subsection 1. A designated food waste eenerator may
commingle food waste with other types of waste at the.pomt of generation if the
commiaeled waste is to be managed by an organics recvcler that can process such
commingled waste.
3. Hardship waiver. A designated food waste generator may petition the department
for _and_ the department may aoprove a temnorary waiver from some or all of the
requirements of this section if the generator demonstrates to the department's satisfaction
that compliance with the requirements of this section by the generator would cause or is
causing unduehardshm based on specific factors determined by the department by rule, A
temoorai-y waiver issued by the department pursuant to this subsection may be effective for
a period not to exceed 3 years.
4. Designated food waste eenerators; reportine. Except as otherwise provided
pursuant to subsection 5, paragraph B, beginning March 1, 2027, and annually thereafter,
a designated food waste generator shall submit to the department a report, in a format
designated by thedemrtmenLthat^ the following information:
A, The amount, in tons, of excess edible food donated by the generator to food rescue
8 organizations during the prior calendar year;
B, The amount, in tons, of food waste transferred by the generator to organics recyclers
durmg the prior calendar year; and
C,_ Any other information required by the department,
COMMITTEE AMENDMENT
"^4"toH.P.i
COMMITTEE AMENDMENT " ^" to H.P. 645, L.D. 1009
5. Administration; rules; publication of information. The department shall
administer the requirements of this section and shall adopt rules as necessary for the
implementation, administration and enforcement of this section.
' A, Rules adopted pursuant to this subsection are routine technical rules as defined in
Title 5. chapter 375, subchapter 2-A and must include. at a minimum:
d) Provisions settine forth the methodology by which the department will
determine the persons that qualify as designated food waste generators under this
section; and
(2) _ Requirements for the hardship waiver process under subsection 3,
B, Not earlier than July 1. 2031. the department may adopt rules providing that a
designated food waste generator under subsection 1, paragraph A. subparaeraph (3)
includes a person that generates at a single location an annual average of less than one
ton_but greater than 100 pounds per week of food waste or that is located farther than
25 miles from an organics recycler with available capacity to accept the food waste
generated by the person at the location.
If thedeBartment adopts rules pursuant to this paraeraph. the department may by rule
exempt from otherwise applicable reportine requirements of subsection 4 any
designated food waste generator that generates at a single location an annual average
of less than one ton but greater than 1 00 pounds per week of food waste,
C. By July 1. 2025. the department shall publish on its publicly accessible website and
maintain and regularly update a list of all organics recyclers m the State known by the
department to be authorized to accept food waste and all food rescue organizations in
the State known by_riie department to accept excess edible food.
Sec. 5. Appropriations and allocations. The following appropriations and
allocations are made,
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
IVIaine Environmental Protection Fund 0421
Initiative: Provides funding for one Environmental Specialist IV position and 4
Environmental Specialist III positions and associated position costs,
GENERAL FUND 2023-24 2024-25
POSITIONS - LEGISLATFVE COUNT 0.000 5,000
Personal Services $0 $484,349
AllOther $0 $70,000
3435 GENERAL FUND TOTAL $0 $554,349
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
8 number to read consecutively,
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill. It
provides that, beginning July 1, 2026, a designated food waste generator may not dispose
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^ " to H.P. 645, L.D. 1009
of its generated food waste at an incineration facility or solid waste landfill and must to the
maximum extent practicable reduce the volume of food waste it generates, separate and
arrange for the donation of excess edible food and manage the remaining food waste it
generates through agricultural use, composting or anaerobic digestion at the point of
generation, at a different location or by transferring the food waste to an organics recycler
for management, The Department of Environmental Protection may approve a temporary
waiver from these requirements for a designated food waste generator based on undue
hardship for a period not to exceed 3 years.
The amendment specifies that whether a person is considered a designated food waste
generator is based on the average amount of food waste generated weekly by the person,
Beginning July 1, 2026 and until June 30, 2028, a designated food waste generator is a
person that generates 2 or more tons per week of food waste and that is located within 20
miles of an organics recycler with available capacity, Beginning July 1,2028, a designated
food waste generator is a person that generates one or more tons per week of food waste
and that is located within 25 miles of an organics recycler with available capacity. The
amendment specifies that, not earlier than July 1, 2031, the department may adopt rules
providing that a designated food waste generator includes a person that generates less than
one ton but greater than 100 pounds per week of food waste or that is located farther than
25 miles from an organics recycler with available capacity. The amendment makes changes
to the State's food recovery hierarchy and clarifies the state waste disposal reduction goal.
The amendment also adds an appropriations and allocations section,
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/15/24 /-^^
LD 1009 LR 771(02)
An Act Regarding the Reduction and Recycling of Food Waste
Fiscal Note for Bill as Amended by Committee Amendment '/f
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
ret Cost (Savings)
General Fund $0 $554,349 $578,565 $603,993
Appropriations/Allocations
General Fund $0 $554,349 $578,565 $603,993
Fiscal Detail and Notes
The Departa.Ti.ent ofEnviiomnental Protection has indicated that establishing a program to regulate the management
and disposal of food waste will require additional staff and resources to conduct education and outreach to impacted
entities, conduct compliance inspections and implement other enforcement fieldwork. The bill includes ongoing
General Fund appropriations of $554,349 beginning in fiscal year 2024-25 for one Environmental Specialist P/
position, four Environmental Specialist ffl positions and associated position costs mcluding vehicles and technology
management.