PRINTER'S NO. 2851
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2023
Session of
2019
INTRODUCED BY OTTEN, ZABEL, MURT, BRIGGS, ULLMAN, DONATUCCI,
VITALI, SCHLOSSBERG, INNAMORATO, SHUSTERMAN, DALEY, HILL-
EVANS, BULLOCK, FRANKEL, COMITTA, McCARTER, KENYATTA,
McCLINTON, WILLIAMS, ISAACSON, STURLA, ROZZI, FIEDLER,
HOHENSTEIN, SANCHEZ, MADDEN, T. DAVIS, SOLOMON AND KRUEGER,
NOVEMBER 14, 2019
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
NOVEMBER 14, 2019
AN ACT
Amending the act of July 28, 1988 (P.L.556, No.101), entitled
"An act providing for planning for the processing and
disposal of municipal waste; requiring counties to submit
plans for municipal waste management systems within their
boundaries; authorizing grants to counties and municipalities
for planning, resource recovery and recycling; imposing and
collecting fees; establishing certain rights for host
municipalities; requiring municipalities to implement
recycling programs; requiring Commonwealth agencies to
procure recycled materials; imposing duties; granting powers
to counties and municipalities; authorizing the Environmental
Quality Board to adopt regulations; authorizing the
Department of Environmental Resources to implement this act;
providing remedies; prescribing penalties; establishing a
fund; and making repeals," in recycling and waste reduction,
providing for source-separated organics.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 28, 1988 (P.L.556, No.101), known
as the Municipal Waste Planning, Recycling and Waste Reduction
Act, is amended by adding a section to read:
Section 1511.1. Source-separated organics.
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(a) Facilities and transporters.--Beginning July 1, 2024, a
a person who collects or transports solid waste or a recycling
facility authorized under the laws of this Commonwealth shall
collect source-separated organics separate from other solid
waste and deliver source-separated organics to a location that
manages source-separated organics in a manner consistent with
the priority uses specified under subsection (b).
(b) Management.--It is the policy of this Commonwealth that
source-separated organics collected under this section shall be
managed according to the following order of priority uses:
(1) Reduction of the amount generated at the source.
(2) Diversion for food consumption by humans.
(3) Diversion for agricultural use, including
consumption by animals.
(4) Composting, land application and digestion.
(c) Production limitations.--
(1) A person who produces more than an amount identified
under paragraph (2) in source-separated organics and is
located within 50 miles of a compost facility, an anaerobic
digester or a resource recovery facility that has available
capacity and is willing to accept the source-separated
organics shall have the following duties:
(i) Separate source-separated organics from other
solid waste. A de minimis amount of source-separated
organics may be disposed in solid waste if the person has
established a program to separate source-separated
organics and the program includes a component for the
education of program users regarding the need to separate
source-separated organics.
(ii) Arrange for the transfer of source-separated
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organics to a location that manages source-separated
organics in a manner consistent with the priority uses
specified under subsection (b) or manage source-separated
organics on site.
(2) The following persons shall be subject to the
requirements under paragraph (1):
(i) Beginning July 1, 2021, a person whose acts or
processes produce more than 104 tons per year of source-
separated organics.
(ii) Beginning July 1, 2022, a person whose acts or
processes produce more than 52 tons per year of source-
separated organics.
(iii) Beginning July 1, 2023, a person whose acts or
processes produce more than 26 tons per year of source-
separated organics.
(iv) Beginning July 1, 2024, and ending June 30,
2027, a person whose acts or processes produce more than
18 tons per year of source-separated organics.
(v) Beginning July 1, 2027, a person who generates
any amount of source-separated organics.
(d) Disposal requirements.--Beginning July 1, 2027, a person
may not knowingly dispose of source-separated organics in solid
waste or a municipal waste landfill.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"S ource-separated organics ." Source-separated recyclable
material and uncontaminated material that is derived from
processing or discarding food, including food scraps from
preconsumer and postconsumer material and nonrecyclable paper
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and bioplastics. The term does not include meat or meat-related
products composted by a person on site or yard waste.
Section 2. This act shall take effect in 60 days.
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