House Bill 939 Summary

• Establishes the Food Recovery and Recycling Act requiring designated food scraps generators (those producing 2+ tons per week) including supermarkets, restaurants, hotels, and food processors to separate excess edible food for donation and deliver remaining food scraps to permitted organics recyclers.

• Applies to generators within 50 miles of an organics recycler with available capacity, unless the generator has all food scraps processed at a permitted composting facility or receives a temporary waiver.

• Prohibits waste transporters, transfer facilities, incinerators, and landfills from delivering food scraps from covered generators to landfills or incinerators except when generators have received temporary waivers based on undue hardship.

• Excludes hospitals, nursing homes, adult care facilities, and schools from mandatory compliance, though they may participate voluntarily.

• Appropriates $250,000 ($200,000 recurring, $50,000 nonrecurring) to the Department of Environmental Quality for 2021-2022 fiscal year to implement the program, with provisions effective January 1, 2023, and July 1, 2023.