Maine lawmakers have approved a bill prohibiting many entities — including schools, grocery stores, and small businesses — from sending their food waste to landfills.
Instead, this legislation requires that “designated food waste generators” send their inedible food waste to organics recyclers for processing and donate their excess edible food to “food rescue organizations.”
The fiscal note attached to the legislation indicates that these new provisions will require the state to establish five new government positions, costing taxpayers more than $550,000 in fiscal year 2024-25.
LD 1009 — An Act Regarding the Reduction and Recycling of Food Waste — was introduced by Rep. Stanley Paige Zeigler Jr. (D-Montville) last session and carried over for consideration.
This law would require that anyone who qualifies as a “designated food waste generator” in the state must “reduce the volume of food waste it generates, separate and arrange for the donation of excess edible food and manage the remaining food waste if generates through agricultural use, composting or anaerobic digestion at the point of generation, at a different location or by transferring the the food waste to an organics recycler for management.”
Under this bill, a “designated food waste generator” is defined at the outset as “a single location” producing “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 accept the food waste generated by the person at the location.”
This definition would be applicable from July 1, 2026 until June 30, 2028, at which time the parameters would shift to encompass those who produce more than one ton of food waste per week on average and are located within 25 miles of an organics recycler.
The Maine Department of Environmental Protection (DEP) would then be required — “not earlier than July 1, 2031” — to adopt rules setting its own definitions for a “designated food waste generator” in terms of average weekly waste production and proximity to an organics recycler.
This legislation allows the DEP at this point in time to apply these requirements to those producing “less than one ton but greater than 100 pounds per week of food waste” and are located more than 25 miles away from an organics recycler.
As of March 1, 2027, those categorized as “designated food waste generators” would be required to submit a report to the DEP outlining the amount of food donated during the prior year, the amount transferred to organics recyclers, and “any other information required by the department.”
“Designated food waste generators” would be allowed to “petition” the DEP for a temporary “hardship waiver” that is applicable to “some or all of the requirements” that will be granted “if the generator demonstrates to the department’s satisfaction that compliance with the requirements…would cause or is causing undue hardship.”
Such a waiver would be effective for a maximum of three years.
The rules adopted by the DEP to define a “designated food waste producer” — as well as to establish the criteria for a “hardship waiver” — will be classified as routine technical under this law, meaning that they will not subjected to legislative oversight or approval.
By July 1, 2025, the DEP must publish a publicly-accessible list of all organics recyclers and “food rescue organizers” known by the State.
The fiscal note attached to the bill indicates that these new requirements will necessitate the creation of five new positions in the state government — one Environmental Specialist IV and four Environmental Specialist III — costing taxpayers a total of $554,349 in the 2024-25 fiscal year.
Click Here to Read the Full Text of LD 1009
While environmental groups offered testimony to the Environment and Natural Resources (ENR) Committee, representatives of schools, grocery stores, and a variety of other business spoke out against it.
“LD 1009 presents a unique opportunity for Maine to keep food out of Maine’s landfills and waste-to-energy facilities and redirect those resources to Maine people and Maine soil,” said the Natural Resources Council of Maine (NRCM). “This bill addresses food waste and food insecurity by establishing a clear pathway for businesses to donate surplus edible food to those in need and find productive uses for the remaining food that is unfit for human consumption.”
“Food is simply too precious a resource to waste,” the NRCM said.
“LD 1009 provides an important framework to help Maine approach waste management from the front end to better achieve the goals of the State solid waste hierarchy,” testified a representative of the group Don’t Waste ME. “LD 1009 is an important essential beginning to the work that must be done to provide protection and sustainability for public health, our valuable resources, the environment, and Maine’s future.”
“This proposed legislation is very cumbersome and prescriptive for schools, and they do not have the staff or the room to monitor this process,” said the Maine School Management Association (MSSA). “We are concerned that while the requirements of the bill would be phased in over 5 years, not all or even many school districts are prepared to eliminate all food scraps without a substantial change in operations.”
“Our suggestion is that rather than mandate a process, there should be voluntary efforts to reduce food waste and scraps,” the MSSA said. “Out of those efforts, best practices will surface, and those practices will be more cost effective.”
The Maine Tourism Association noted in their testimony that despite their support for the legislation’s motivations, they “don’t believe that the proposals set forth in this bill are the best ways to achieve the goals of dealing with food waste.”
“We are concerned about the timeline set forth, the labor intensive requirements, the associated costs to our small businesses in both contracts and labor, and the feasibility of finding composting practitioners in certain areas of the state,” the Maine Tourism Association said.
ENR Committee members ultimately split along partisan lines when issuing their recommendation to the legislature on this bill.
The majority Ought to Pass report was supported by Sen. Stacy Brenner (D-Cumberland), Rep. Lori K. Gramlich (D-Old Orchard Beach), Rep. Arthur L. Bell (D-Yarmouth), Rep. William R. Bridgeo (D-Augusta), Sen. Anne Carney (D-Cumberland), Rep. Victoria W. Doudera (D-Camden), Rep. Daniel J. Hobbs (D-Wells), and Rep. Margaret M. O’Neil (D-Saco).
Voting in opposition to the bill were Rep. Richard H. Campbell (R-Orrington), Sen. Peter Lyford (R-Penobscot), Rep. Tammy L. Schmersal-Burgess (R-Mexico), and Rep. Michael Soboleski (R-Phillips).
Lawmakers in the House and Senate were nearly divided along partisan lines as well.
In the House roll call vote on February 28, Rep. Joshua Morris (R-Turner) voted with the Democrats in support of the bill, while Rep. Bruce A. White (D-Waterville) cast his vote alongside the Republicans in opposition to the measure.
All Senate Democrats voted in favor of the bill, and all Senate Republicans — except for Sen. Rick Bennett (R-Oxford) — voted against it.
This legislation will now enter the final stages of the legislative process, receiving final approval from both chambers before being sent to Gov. Janet Mills (D) for her signature.
