This model state legislation lays out a framework by which states can divert food waste from landfills to eligible processing facilities (including industrial-scale composters) or onsite composters. The model outlines the parameters of a food waste diversion program, including options for who should be required to comply with the law (e.g., all residents of the state, only large food waste generators, etc.) and by when (e.g., all at the same time, phased-in compliance dates, etc.), and requires the state (or municipalities) to provide designated receptacles to any person required to comply with the food waste diversion requirements.
In order to ensure that the diversion of food wastes from landfills does not result in more greenhouse gas emissions than would otherwise be generated if the food waste were disposed in a landfill, states may also need to construct or expand additional infrastructure or otherwise encourage the use of onsite composters. The model state law outlines standards for the siting and construction of industrial-scale facilities, including addressing environmental justice considerations. The model also encourages the development of standards for onsite composting to the extent industrial-scale facilities are not available.
In addition to the technical requirements, the model state law requires states to develop an education and community outreach program, a technical assistance program for municipalities, and a mechanism for disseminating information about the food waste diversion program.
This important contribution to the LPDD implementation project was drafted by Mulon Luo, Alicia Handy and Robert Fitzgerald, all of Goodwin Procter. Peer reviewing was done by Scott Reichle of Yoffy, Turbeville & Reichle, P.C.