Dive Brief:
- The New York City Council last week approved Int. 31, a bill to expand commercial organics diversion requirements. The bill is expected to become law with or without Mayor Zohran Mamdani's signature.
- During a hearing last week, New York City Department of Sanitation Commissioner Gregory Anderson was supportive of the bill, which could require more food-related businesses to divert organic materials from disposal starting next year.
- The city continues to debate ways to bolster its organics diversion requirements. Sponsors reintroduced another bill, Int. 396, that would set minimum composting capacity for each borough, and the measure has the support of new sanitation committee chair Justin Sanchez.
Dive Insight:
New York is one of several states that have enacted a commercial organics diversion requirement for large generators. In 2024, Gov. Kathy Hochul signed a bill into law that gradually increases the number of businesses subject to the requirements: those that generate one ton per week were subject to the law as of January of this year, while the threshold ratchets down to those that generate half a ton per week in January 2028. Businesses subject to the law are required to donate edible food, and must also recycle scraps if they are within 25 miles of an organics recycler.
New York City has also looked for ways to incentivize increased organic waste diversion. While all residences were required to separate their organics as of April 1, 2025, the capture rate for the curbside collection program has been low. The city also looked to incentivize more businesses to separate organics by requiring haulers in the commercial waste zone program to provide a discount for the separated organics stream, with limited uptake.
Int. 31 allows DSNY to require a wide swath of commercial businesses that handle food to divert scraps from disposal, including wholesalers, venues and retail and food service establishments. The commissioner is instructed to evaluate existing organic waste processing capacity and pricing to determine if capacity exists at a price "competitive with the cost of disposing of organic waste by landfill or incineration."
If those conditions are met, the commissioner can require the businesses it deems able to meet the diversion requirement to begin doing so six months after the determination is made. The bill sets a Dec. 1, 2026, deadline for that decision.
The mayor has 30 days after its passage on June 30 to sign or veto the bill. If he does not take either action, the bill becomes law without his signature. The mayor’s office did not immediately respond to a request for comment on its plans for the bill.
Anderson expressed eagerness to meet the deadline. Environmental groups also praised the bill's passage, which they said would help reduce methane by keeping organic waste out of landfills.
"This legislation closes a loophole that allowed businesses producing significant amounts of food scraps and yard waste to dump their trash into problematic landfills and incinerator," Eric Goldstein, New York City environment director for the Natural Resources Defense Council, said in a statement.
"Smart businesses will save money, since finished compost has actual market value and city rules require waste carters to charge a lower rate for picking up compostables than ordinary trash,” he added.
New York City Council Majority Leader Shaun Abreu, who previously chaired the council's sanitation committee, said in a statement that the bill is "good for the environment and good for the bottom line."
“New Yorkers at home are already doing their part to build a more sustainable and green city by composting. I’m proud that this legislation gives more commercial establishments the same opportunity by expanding our organics system and cutting disposal costs," he said.
Meanwhile, the city council continues to probe measures that would ensure composting capacity remains accessible for the city's growing organic materials stream. The council reupped its financial support for the community compost program to the tune of $5.2 million, ensuring partners like Big Reuse, BK Rot and Earth Matter continue to provide compost capacity and education. The council also secured about $1 million for the city's botanical gardens to do the same.
One potential sticking point between lawmakers and DSNY is Int. 369, which would mandate the establishment of 180,000 tons of annual composting capacity in each of the city's five boroughs. Anderson said implementation of the bill would be "impossible," while noting he was willing to work with the council to explore composting capacity.
The bill has earned attention from progressives in previous council sessions. Brooklyn Borough President Antonio Reynoso's office also released a report last year identifying potential sites across the city that could help fulfill the bill's requirement.
