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S 3911

Relates to food service item waste reduction

2025 Regular Session Introduced by Pete Harckham

Expands 'school' to include colleges and universities, enabling on-site composting or anaerobic digestion of campus food waste with reduced DEP permits and required notifications.

PRINT NUMBER 3911B
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Bill Summary · S 3911

Summary — S3911 (Print No. 3911A)

Title: Relates to food service item waste reduction
Introduced: December 5, 2024 (221st Legislature)
Primary sponsor (intro): Senator Andrew Zwicker (Dist. 16)
Other sponsor listed: Pete Harckham (recorded as primary in bill metadata)
Companion: A6949 (Assembly)
Status highlights: Referred to Senate Environment & Energy Committee (Jan 30, 2025); Print No. 3911A issued and amended/recommitted to Environmental Conservation (May 29, 2025). Effective upon enactment.

Purpose / Intent

To expand an existing statutory permission (P.L.2023, c.193) that allows K–12 schools to send, receive, and process compostable or anaerobically digestible food waste without Department of Environmental Protection (DEP) permits, by explicitly including colleges, community colleges, universities, and other institutions of higher education in the definition of “school.” The bill aims to encourage on‑site composting and anaerobic digestion of food waste at educational institutions by reducing permitting and fee barriers, while requiring notification and DEP guidance to protect public health and the environment.

Key provisions

  • Expands the statutory definition of “school” to include institutions of higher education (colleges, community colleges, universities, and other similar institutions).
  • Allows a school to deliver food waste to, and a receiving school to accept and process food waste from, another school if the receiving school:
    1. Accepts the food waste;
    2. Processes it on‑site using an in‑vessel composting system or an on‑site anaerobic digestion system;
    3. Does not accept more waste than the processing system’s capacity; and
    4. Notifies the DEP and applicable local government entities of its intent using a DEP form.
  • Exempts receiving schools from DEP permits, approvals, or other authorizations that would otherwise be required under the Solid Waste Management Act or the Statewide Mandatory Source Separation and Recycling Act for receipt or on‑site processing of school‑generated food waste.
  • Prohibits DEP or other state agencies from charging fees for permits otherwise required under air or water pollution control statutes for these on‑site in‑vessel composting or anaerobic digestion systems.
  • Carves out an exception: schools already subject to P.L.2020, c.24 must continue to follow that law and are not covered by this section.
  • Directs DEP to issue guidance on odor control, vessel siting, operational standards, and recordkeeping; DEP may promulgate implementing rules and regulations.
  • Provides statutory definitions for “anaerobically digestible,” “anaerobic digestion system,” “compostable,” and “in‑vessel composting system.”
  • Takes effect immediately upon enactment.

Who is affected

  • Colleges, universities, community colleges, and other institutions of higher education (newly included).
  • Existing K–12 public and nonpublic schools (unchanged beneficiaries).
  • DEP and local government entities (notification and oversight role; guidance and potential rulemaking).
  • Vendors/operators of on‑site composting and anaerobic digestion systems at educational institutions.
  • Students and campus operations potentially benefiting from expanded food‑waste diversion programs.

Potential impacts and considerations

  • Encourages campus sustainability by lowering permitting and fee barriers for on‑site composting and anaerobic digestion of food waste.
  • May lead to greater regional cooperation among educational institutions for food‑waste management (sending/receiving arrangements).
  • DEP guidance and any subsequent regulations will shape how odor, siting, and operational risks are managed; the notification requirement provides governmental awareness but substitutes for full permitting only within the statute’s scope.
  • Schools subject to P.L.2020, c.24 remain governed by that law’s requirements; applicability should be checked by institutions assessing compliance pathways.

Legislative status / next steps

  • Introduced Dec. 5, 2024; referred to environmental committee Jan. 30, 2025.
  • Amended and recommitted to Environmental Conservation; Print No. 3911A issued May 29, 2025.
  • Companion bill A6949 pending in the Assembly. If enacted, the law becomes effective immediately.

Compiled from official sources — confirm details with the bill’s official record.

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