AGENDA ITEM #7
July 19,2016
Public Hearing
MEMORANDUM
July 15,2016
TO:
FROM:
SUBJECT:
County Council
Josh Hamlin, Legislative
Attome~
""
1\ /
Public Hearing:
Bill 28-16, Solid Waste (Trash) - Strategic Plan to Advance
Compo sting, Compost Use and Food Waste Diversion
Bill 28-16, Solid Waste (Trash) - Strategic Plan to Advance Compo sting, Compost Use and Food
Waste Diversion, sponsored by Lead Sponsor Council Vice President Berliner and Co-Sponsors
Councilmembers
Katz,
Hucker, Eirich, Riemer and Navarro was introduced on June 28, 2016. A
Transportation, Infrastructure, Energy and Environment Committee worksession will be scheduled
at a later date.
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. 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
1
of each
year.
A memorandum from the Lead Sponsor begins on ©7.
This packet contains:
Bill 28-16
Legislative Request Report
Sponsor memorandum
Circle
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6
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F:\LAW\BILLS\1628 Strategic Plan To Advance Food Waste Composting\PH Memo.Docx
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Bill No.
28-16
Concerning: Solid Waste (Trash) ­
Strategic
Plan
to
Advance
Composting. Compost Use and Food
Waste Diversion
Revised: 6/20/2016 Draft No. ---,-7_ _
Introduced:
June 28. 2016
Expires:
December 28. 2017
Enacted: _ _ _ _ _ _ _.,--_ _
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ---!...!N-"'-'onC!.!:e'---_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
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 Composting, 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 48-1 7B
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
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.'
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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.
(ill
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4
Legislativefindings.
The County Council fmds that:
5
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the County's general goal of solid waste management establishes
waste reduction as the most preferred management technique,
followed
Qy
reuse, composting and recycling, then incineration
with energy recovery, and, least preferred, landfilling;
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ill
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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;
compo sting,
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means promoting the biological decomposition of
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organic material such as food waste into
stable, humus-like
product, is
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first step in the recycling of food waste;
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the use of compost has been demonstrated to benefit soil health
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®
lID
(g
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suppressing plant diseases and pests;
reducing or eliminating the need for chemical fertilizers;
Promoting higher yields of agricultural crops; and
Improving soil structure;
~
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compost use is
valuable tool in stonnwater management that
25
can lower runoff volume due to improved water holding capacity,
healthy vegetationlbiomass, and increased infiltration; and
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BILL
No. 28-16
27
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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.
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(hl
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:
35
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legislative changes, including but not limited to amendments to
this Chapter, necessID to reduce food waste and promote
composting;
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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,
composting, 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;
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48
ill
(ID
potential sites for food waste compo sting operations;
environmental and public health benefits of compo sting and food
waste diversion; and
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(2)
cost estimates and potential economic and environmental benefits
of implementing the Strategic Plan
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W
Considerations.
The Strategic Plan must consider the following areas in
its legislative, policy, metrics, and cost recommendations:
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BILL
No. 28-16
54
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ill
ill
ill
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®
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home compo sting;
community-scale composting;
on-site institutional and commercial composting;
on-farm composting;
small-scale commercial composting facilities;
support for existing and new composting businesses in the form
of grants, loans, and land;
models and best practices, including methods and materials, used
60
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63
Qy
other jurisdictions;
®
(2)
use of incentives to encourage private food waste diversion and
composting; and
diversion and composting ofnon-food waste compostables;
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.QQ} local use of compost to support soil health and the County
stormwater management program;
ilD
education and outreach to reduce food waste and promote
composting; and
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l..U)
the environmental impact of residential trash hauling
Qy
private
haulers in upcounty solid waste service districts.
@
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Consultation with stakeholders.
In
developing the Strategic Plan, the
Director must consult with:
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the County Division of Solid Waste Services;
the County Department of Permitting Services, including the
Land Development and Zoning and Site Plan Enforcement
Divisions;
80
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the County Department ofHealth and Human Services;
the County Department of General Services;
Montgomery County Public Schools;
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BILL
No. 28-16
81
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®
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®
(2}
the County Planning Department;
the County Parks Department;
the County Office of Agriculture;
the County Revenue Authority;
.QQ}
the Montgomery County Food Council;
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the Montgomery Countryside Alliance;
m.l
.Q1}
the County Solid Waste Advisory Committee;
the University of Maryland Extension;
.c.H}
Community Food Rescue; and
.c.12}
organizations and individuals in the County involved
in
compost
production and use and food waste diversion.
90
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Annual report.
By July
1
each year, the Director must submit
~
report to
the County Executive and County Council. The annual report must:
ill
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Approved:
update the food waste diversion metrics; and
document the progress towards achieving the goals of the
Strategic Plan.
96
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Nancy Floreen, President, County Council
Date
99
Approved:
100
Isiah Leggett, County Executive
Date
101
This is a correct copy ofCouncil action.
102
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 28-16
Solid Waste (Trash)
-
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 of 2020. 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
WITlllN
MUNICIPALITIES:
PENALTIES:
Josh Hamlin, Legislative Attorney, 240-777-7892
N/A
N/A
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MONTGOMERY COUNTY COUNCIL
ROCKVILLE, MARYLAND
ROGER BERLINER
TRANSPORTATION, INFRASTRUCTURE
DISTRICT
CHAIRMAN COUNCILMEMBER
ENERGY
&
ENVIRONMENT COMMITTEE
1
MEMORANDUM
June 21, 2016
TO:
Council President Nancy Floreen
Council Colleagues
Council Vice President Roger Berliner
Legislation to Create A Strategic Plan to Advance Composting 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. If we 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 composting 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
composting efforts to the next level. We can and must do more home and community-scale composting; 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 composting.
In crafting this legislation, I have worked in close consultation with some of the key stakeholders that
are leaders in the composting 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)
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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
WWW.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 compo sting are too great for
our county not to have a more unified sense of direction as to how we achieve both.
Thank you for your consideration of this legislation, and your commitment to make this county one of
the greenest and most sustainable communities in the entire country.
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