SB 47 — FOOD RECOVERY & COMPOSTING ACT

Bill Text

• Introduced introduced version Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill enacts the Food Recovery and Composting Act, establishing a program and fund for food recovery and composting initiatives, including a surcharge on solid waste disposal.

• Section 6

  A surcharge is imposed on each solid waste facility operating within the state. The surcharge shall be in an amount equal to three dollars ($3.00) per ton of solid waste processed at the solid waste facility. The owner or operator of a solid waste facility that owns or operates an on-site composting facility shall pay a reduced surcharge of two dollars ($2.00) per ton of solid waste processed at that solid waste facility.

  This introduces a new surcharge on solid waste facilities to fund food recovery and composting programs.

• Section 5

  The "food recovery and composting fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, income from investment of the fund and other money credited to the fund. The department shall administer the fund, and money in the fund is subject to appropriation by the legislature to the department to carry out the provisions of Subsection B of this section.

  This creates a new fund to support food recovery and composting initiatives.

• Section 4

  The "food recovery and composting advisory group" is created and is composed of no more than fifteen members, including at least one representative each from: (1) the department; (2) the New Mexico department of agriculture; (3) the economic development department; (4) a municipal government; (5) a board of county commissioners; (6) a tribal government located within the state; (7) a land grant-merced controlled and governed pursuant to Sections 49-1-1 through 49-1-8 or 49-4-1 through 49-4-21 NMSA 1978; (8) a solid waste authority; (9) an acequia; (10) a soil and water conservation district; (11) an organization specializing in pollution reduction; (12) an organization specializing in food recovery, composting or organic waste reduction; and (13) the food recovery, composting or organic waste reduction industry.

  This establishes an advisory group to guide and support food recovery and composting efforts.

• Section 3

  The "food recovery and composting program" is created in the department to provide grants and education and outreach to advance food recovery, composting and organic waste reduction across the state.

  This creates a new program aimed at promoting food recovery and composting.

• Section 2

  As used in the Food Recovery and Composting Act: A. "composting" means the controlled aerobic biological decomposition of organic waste resulting in a stable organic product that can be used as a soil additive, fertilizer or growth media; B. "composting facility" means a facility, other than a transformation facility, that: (1) is capable of providing biological stabilization of organic material; (2) accepts only source-separated compostable materials; and (3) is registered with the department; C. "department" means the department of environment; D. "eligible entity" means a municipality, a county, a land grant-merced controlled and governed pursuant to Sections 49-1-1 through 49-1-8 or 49-4-1 through 49-4-21 NMSA 1978, an acequia, a soil and water conservation district, a solid waste authority or an Indian nation, tribe or pueblo; E. "organic waste" means biodegradable material that comes from plants or animals; F. "solid waste" means any discarded material destined for landfill disposal, incineration or other final disposal at a solid waste facility, not including segregated or source-separated materials that are rescued, reused or composted; G. "solid waste facility" includes: (1) an incinerator; (2) a solid waste transfer station; (3) a landfill or landfill system; and (4) other facilities accepting mixed solid waste; and H. "transformation facility" means a facility that changes the physical, chemical or energy state of waste to reduce the volume, change the energy or create new products out of the waste.

  This provides definitions critical to the implementation of the Food Recovery and Composting Act.

Action History

1. March 24, 2026

   action postponed indefinitely

2. January 29, 2026

   germane

3. January 21, 2026

   Sent to Senate Committees' Committee & Senate Conservation Committee & Senate Finance Committee

Sponsors

• Elizabeth "Liz" Stefanics · Primary
• Pete Campos · Primary

Subjects