A new wave of state policy is beginning to directly influence how and where organics are processed. In Maryland, New Jersey, and New York, recent actions signal increased funding, clearer pathways for composting infrastructure, and expanding requirements on generators – developments that will shape feedstock supply, facility development, and compliance obligations in the years ahead.

Maryland: On-Farm Composting Funding

Both the Maryland Senate and General Assembly passed the bipartisan On-Farm Organics Diversion and Recycling Grant Program (Senate Bill 599/HB0429) in March. Once signed by Gov. Wes Moore and implemented, the program will provide $250,000 annually to support farmers investing in composting infrastructure, food rescue and preservation equipment, and training.

“Maryland is home to more than 12,000 farms, including urban farms, representing a clear opportunity to scale up solutions that keep wasted food out of landfills,” says Sophia Jones, Associate Director for Policy and Advocacy at the Institute for Local Self-Reliance. “This grant program will help make wasted food reduction and composting more affordable and accessible to farmers, resulting in greater local food security, sustainable green jobs, and climate resiliency.” She added that lawmakers should “build on this momentum to expand grant eligibility to other sectors like schools and local government – the opportunities are endless.”

The policy comes against a backdrop of significant landfill impacts. According to Full Circle Future, Maryland’s 48 municipal solid waste landfills emitted methane equivalent to 720,500 cars on the road in 2023, while more than 3 million residents live within three miles of a landfill and face exposure to pollutants such as benzene, toluene, and sulfur dioxide. “Burying food waste in landfills is bad for people, our planet, and our wallets,” says Lee Helfend, Director of Campaign Strategy at Full Circle Future. “The Maryland legislature has taken an important step toward breaking a harmful and inefficient cycle and building a waste management system that works for everyone.”

The legislation augments Maryland’s broader food waste policy momentum, including a 2021 law requiring generators to divert food waste from landfills and incinerators and a 2023 law expanding farms’ ability to compost food scraps.

New Jersey: Tiered Composting Regulations

A law enacted in January 2026 (S2464/A2090) requires every county in New Jersey to cut food waste by 50% by 2035, using 2022 as a baseline. Counties must outline how they will meet that target in updated solid waste management plans due by the end of 2027.

The law takes a broad view of what counts toward reduction. Increases in food donation, composting, and anaerobic digestion all qualify. Notably, food waste sent to landfills that capture and use gas for energy or renewable natural gas production is not counted against reduction targets, meaning there is no penalty for disposal pathways that recover energy.

Alongside the diversion mandate, the legislation directs the New Jersey Department of Environmental Protection (NJDEP) to develop a tiered permitting structure for composting facilities. The goal is to reduce barriers to entry and better align regulatory requirements with the scale and risk profile of operations.

Currently, nearly all organics recycling facilities in the state must obtain a Class C NJDEP Recycling permit – a process widely viewed as costly, complex, and time-consuming, particularly for smaller operators. A tiered system, already in place in other states, is intended to create a more accessible pathway to create composting infrastructure.

During a March webinar hosted by the New Jersey Composting Council, Dana Lawson, Assistant Director of NJDEP’s Division of Sustainable Waste Management, said the Department is “generally considering four tiers, with the lower risk operations getting a lighter touch.” The proposed framework includes: a full exemption from permitting, basic registration or notification, a general permit, and an individual permit.

“The tiered permitting is being designed to encourage small- to mid-scale composting infrastructure,” Lawson added, noting that tonnage thresholds for each tier are still under development.

New York: Lowering Food Waste Threshold

The New York State Department of Environmental Conservation (NYSDEC) has opened a public comment period on proposed updates to its Part 350 Food Donation and Food Scraps Recycling Regulations, reflecting 2025 amendments to the state’s 2019 food waste law.

Under current rules, businesses and institutions that generate an average of two tons or more of wasted food per week must donate excess edible food and recycle the remaining scraps if they are located within 25 miles of an organics recycler.

The proposed changes significantly expand that requirement over time. Beginning January 1, 2027, the threshold drops to one ton per week, and the compliance radius expands to 50 miles. By January 1, 2029, the threshold is cut in half again to 0.5 tons per week, bringing a much larger pool of generators under the law. At each stage, covered entities must both donate edible food and recycle remaining scraps if a recycler is within the required distance.

The law does not apply to New York City, which already has its own food waste diversion requirements, or to hospitals, nursing homes, adult care facilities, and K–12 schools.

Current compliance data illustrate the program’s scale. According to NYSDEC, 1,078 establishments are currently subject to the law. In 2023, these generators donated nearly 30 million pounds of food and recycled 73,300 tons of food waste. Each step-down in the threshold is expected to bring roughly 4,000 additional generators into compliance, significantly increasing demand for organics processing capacity.

The public comment period on the proposed changes is open through June 2, 2026.  This website includes a full description of the law, compliance to date and where to submit comments on the amended law.