AGENDA ITEM 4B
June 28,2016
Introduction
MEMORANDUM
June 24, 2016
TO:
FROM:
SUBJECT:
County Council
t<O
II
j
Josh Hamlin, Legislative
Attome~
Introduction:
Bill 28-16, Solid Waste (Trash) - Strategic Plan to Advance
Composting, Compost Use and Food Waste Diversion
Bi1l28-16, Solid Waste (Trash) Strategic Plan to Advance Composting, Compost Use and Food
Waste Diversion, sponsored by Lead Sponsor Council Vice President Berliner and Co-Sponsors
Councilmembers Katz and Hucker, is scheduled to be introduced on June 28, 2016. A public
hearing is tentatively scheduled for July 19 at 1:30 p.m.
Bill 28-16 would require the Director of the Department of Environmental Protection to develop
a Strategic Plan to Advance Composting, Compost Use and Food Waste Diversion in Montgomery
County by July 1, 2017. In developing the Strategic Plan, the Director would be required to consult
with many organizations inside and outside of County government. The Strategic Plan would
provide recommendations on legislative changes necessary to reduce food waste and promote
compo sting as well as identify potential new county policies and initiatives to reduce food waste
and promote and support compo sting in the County. The Director would be required to submit an
annual report on the progress toward achieving the goals of the Strategic Plan by July
I
of each
year.
A memorandum from the Lead Sponsor begins on ©7.
This packet contains:
Bill 28-16
Legislative Request Report
Sponsor memorandum
Circle #
1
6
7
F:\LAW\BILLSIl628 Strategic Plan To Advance Food Waste Composting\Intro Memo.Docx
 PDF to HTML - Convert PDF files to HTML files
Bill No.
28-16
Conceming: Solid Waste (Trash) -
StrategiC
Plan
to
Advance
Composting, Compost Use and Food
Waste Diversion
Revised:
6/2012016
Draft No. --'-_ _
Introduced:
June 28.2016
Expires:
December 28.2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
_N~o=n!.::::e
_ _ _ _ __
ChI _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Vice President Berliner
Co-Sponsors: Councilmembers Katz and Hucker
AN
ACT to:
(1)
(2)
require the Director of the Department of Environmental Protection to develop a
Strategic Plan to Advance Compo sting, Compost Use and Food Waste Diversion in
Montgomery County
generally amend County laws related to Solid Waste (Trash).
By adding
Montgomery County Code
Chapter 48, Solid Waste (Trash)
Section 48-17B
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law hy original hill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 28-16
1
Sec.
1.
Section 48-17B
is
added as follows:
48-17B. Strategic Plan to Advance Composting, Compost·Use and Food Waste
Diversion in Montgomery County.
2
3
4
W
Legislativefindings.
The County Council finds that:
5
ill
the County's general goal of solid waste management establishes
waste reduction as the most preferred management technique,
followed
by
reuse, composting and recycling, then incineration
with energy recovery, and, least preferred, landfilling;
6
7
8
9
10
11
ill
ill
ill
ill
food waste represents
solid waste stream;
~
significant percentage of the County's
educating food producers can reduce the generation of excess
food that would enter the solid waste stream;
giving food that would otherwise be wasted to organizations that
serve people in need is
~
means to reuse excess food;
composting,
~
12
13
14
15
means promoting the biological decomposition of
~
16
17
organic material such as food waste into
stable, humus-like
product, is
~
first step in the recycling of food waste;
18
19
(§)
the use of compost has been demonstrated to benefit soil health
~
20
21
(A)
suppressing plant diseases and pests;
reducing or eliminating the need for chemical fertilizers;
Promoting higher yields of agricultural crops; and
Improving soil structure;
@
22
23
(Q
an
24
25
m
compost use is
~
valuable tool in stOlTIlWater management that
can lower runoff volume due to improved water holding capacity,
healthy vegetationlbiomass, and increased infiltration; and
26
0f;\Iaw\bills\1628 strategic plan to advance food waste composting\bill 7.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 28-16
27
28
ill
reducing excess food generation, reusmg food that would
otherwise be wasted, and increasing the amount of food and other
compostable waste that is composted will help the County meet
its goal of recycling 70% of the solid waste stream generated in
the County.
29
30
31
32
33
34
35
36
®
Strategic Plan required
The Director must develop
~
Strategic Plan to
Advance Composting, Compost Use and Food Waste Diversion in
Montgomery County
Qy
July
.L
2017. The Strategic Plan must identify:
ill
legislative changes, including but not limited to amendments to
this Chapter, necessID to reduce food waste and promote
composting;
37
38
39
ill
ill
ill
ill
®
County policies and initiatives to reduce food waste and promote
and support composting in the county;
models and best practices used
Qy
other jurisdictions
metrics for assessing and increasing food waste diversion,
compo sting, and compost use;
goals for achieving certain levels of food waste diversion and
dates for achieving those goals;
challenges to achieving the goals and means of overcoming these
challenges;
40
41
42
43
44
45
46
47
48
49
50
ill
ill
(2)
potential sites for food waste composting operations;
environmental and public health benefits of composting and food
waste diversion; and
cost estimates and potential economic and environmental benefits
of implementing the Strategic Plan
51
52
53
i£)
Considerations.
The Strategic Plan must consider the following areas
in
. its legislative, policy, metrics, and cost recommendations:
§f:\laW\billS\1628 strategic plan to advance food waste compostlng\bill7.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 28-16
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
@
ill
ill
ill
ill
ill
home composting;
community-scale composting;
on-site institutional and commercial compo sting;
on-farm composting;
small-scale commercial composting facilities;
support for existing and new composting businesses in the form
of grants, loans, and land;
®
ill
®
(2}
(lQ)
models and best practices, including methods and materials, used
.Qy
other jurisdictions;
use of incentives to encourage private food waste diversion and
composting; and
diversion and composting ofnon-food waste compostables;
local use of compost to support soil health and the County
stonnwater management program;
Ql.)
education and outreach to reduce food waste and promote
composting; and
Ql)
the environmental impact of residential trash hauling
.Qy
private
haulers in upcounty solid waste service districts.
Consultation with stakeholders.
In
developing the Strategic Plan, the
Director must consult with:
ill
ill
the County Division of Solid Waste Services;
the County Department of Permitting Services, including the
Land Development and Zoning and Site Plan Enforcement
Divisions;
ill
ill
ill
the County Department ofHealth and Human Services;
the County Department of General Services;
Montgomery County Public Schools;
0:\law\biItS\1628 strategic plan to advance food waste composting\bill7.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
28-16
81
82
83
84
85
®
ill
®
(21
the County Planning Department;
the County Parks Department;
the County Office of Agriculture;
the County Revenue Authority;
(lQ}
the Montgomery County Food Council;
86
87
88
89
QD
the Montgomery Countryside Alliance;
(11}
the County Solid Waste Advisory Committee;
ill}
the University ofMaryland Extension;
.c.Hl
@
Community Food Rescue; and
organizations and individuals in the County involved
in
compost
production and use and food waste diversion.
90
91
92
93
94
95
96
W
Annual report.
By July
1
each year, the Director must submit
~
report to
the County Executive and County Council. The annual report must:
ill
ill
Approved:
update the food waste diversion metrics; and
document the progress towards achieving the goals of the
Strategic Plan.
97
98
Nancy Floreen, President, County Council
99
100
Date
Approved:
Isiah Leggett, County Executive
101
This is a correct copy ofCouncil action.
Date
102
Linda M. Lauer, Clerk ofthe Council
Date
@\law\billS\1628 strategic plan to advance food waste composting\bill7.doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bil128-16
Solid Waste (J'rash)
-
Strategic Plan to Advance Composting, Compost Use and Food
Waste Diversion
DESCRIPTION:
Bill 28-16 would require the Director of the Department of
Environmental Protection to develop a Strategic Plan to Advance
Compo sting, Compost Use and Food Waste Diversion in
Montgomery County by July 1, 2017, and report annually on
meeting the goals of the Plan.
The County has a goal of recycling 70% of the solid waste stream
generated in the County by the end of2020. Food waste represents a
significant percentage ofthe County's solid waste stream.
PROBLEM:
GOALS AND
OBJECTIVES:
Develop a County strategy for reducing excess food generation,
reusing food that would otherwise be wasted, and increasing the
amount of food and other compostable waste that is composted.
COORDINATION:
Department of Environmental Protection
FISCAL IMPACT:
Office of Management and Budget
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
Office of Finance
To be researched.
To be researched.
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
Josh Hamlin, Legislative Attorney, 240-777-7892
NIA
NIA
F:\LAW\BILLS\1628 Strategic Plan To Advance Food Waste Composting\LRR.Docx
 PDF to HTML - Convert PDF files to HTML files
MONTGOrvlERY COUNlY COUNCIL
ROCKVILLE, MARYLAND
ROGER BERLlNER
TRANSPORTATION, INFRASTRUCTURE
DISTRICT
CHAIRMAN COUNCILMEMBER
ENERGY
&
ENVIRONMENT COMMITTEE
I
MEMORANDUM
June 21, 2016
TO:
Council President Nancy Floreen
Council Colleagues
Council Vice President Roger Berliner
Legislation to Create A Strategic Plan to Advance Compo sting and Food Waste Diversion
FROM:
RE:
Colleagues, I am writing to ask you to join me in co-sponsoring legislation that I will be introducing
next week. Several years ago, this Council established an ambitious, yet important goal of recycling 70% of our
County's solid waste stream generated by 2020. Food waste currently represents a significant percentage ofthe
County's solid waste stream. Ifwe are to meet our ambitious goal, we will need
to
make significant progress on
reducing the amount of food thrown away.
One way' that we can reduce the amount of food waste we throwaway is through composting. As you
well know, there are many agricultural, environmental, and health benefits to composting. And there are an
array of public and private sector entities in this county already doing a lot to promote compo sting and stand
ready to help expand the practice throughout the county.
However, there are certain challenges that stand in the way of allowing our county to take our collective
compo sting efforts to the next level. We can and must do more home and community-scale compo sting; we
must identify and secure a location for a large-scale composting operation; and we must continue to incentivize
our agricultural and business communities to produce and use compost as a best practice.
In order to
pull
together all of the various stakeholders to achieve this, I am proposing the attached
legislation, which would require the Director of our Department of Environmental Protection to develop a
Strategic Plan to Advance Composting, Compost Use, and Food Waste Diversion in Montgomery County by
July 1,2017. The Strategic Plan would provide recommendations on legislative changes necessary to reduce
food waste and promote compo sting as well as identify potential new county policies and initiatives to reduce
food waste and promote and support compo sting in the County. It will give us models and best practices used
by other jurisdictions and establish metrics and clear goals for increasing food waste diversion and compo sting.
In crafting this legislation, I have worked in close consultation with some of the key stakeholders that
are leaders in the compo sting realm, including the Montgomery County Food Council, the Montgomery
Countryside Alliance, and our Department of Environmental Protection. Their feedback has been incorporated
into the attached legislation. As with my bill to create a strategic plan to address food insecurity, I recognize
(j)
 PDF to HTML - Convert PDF files to HTML files
STELlA B. WERNER OFFICE BUILDING • 100 MARYlAND AVENUE, 6
TH
FLOOR, ROCKVILLE, MARYlAND 20850
240-777-7828
OR
240-777-7900, TTY 240-777-7914, FAX 240-777-7989
WVVW.MONTGOMERYCOUNTYMD.GOV
that a strategic plan by itself will not solve the many complexities associated with an issue such as composting.
But our solid waste goals are too important and the potential benefits of expanded composting are too great for
our COtmty not to have a more unified sense of direction as to how we achieve both.
Thank you for your consideration ofthls legislation, and your commitment to make this cotmty one of
the greenest and most sustainable communities in the entire cOtmtry.
###