USCC Backs Composters With Letters of Support and Opposition for State Bills

The US Composting Council supports local composting regulation that is science-based and helps bolster the work of composters.This month, multiple state legislatures considered, or are considering, legislation and regulations that will either support or harm the work of composters if passed. In collaboration with the Legislative and Environmental Affairs Committee (LEAC), USCC has provided letters either of support or opposition for the following bills:

Texas – HB 1674 SB 886 which places PFAS limits on biosolids based compost and compost products. USCC provided a letter of opposition due to the legislation setting unscientifically based and extremely low limits, and establishing testing requirements that would be very costly. Fortunately, the bill did not advance out of Committee before the end of the Legislative Session.

Texas – SB 2078 HB 4086 would prohibit the deposit of food waste for composting in any county lacking a local food waste ordinance. USCC provided a letter opposing the legislation due to the restrictions it places on the siting and construction of new composting facilities, as well as on the utilization of already-sited and permitted facilities from accepting out-of-county waste. Unfortunately, this bill has passed the House and Senate, and has been sent to the Governor.

Texas – HB 4271 SB 2240 would allow any legislator to request a public hearing on any compost facility. The USCC provided a letter opposing the legislation due to uncertainty of this type of hearing process and its possible outcomes, outside of an established siting and permitting approval process. This uncertainty would be very detrimental to the growth of the composting industry in Texas. Fortunately, the Bill did not advance out of Committee before the end of the Legislative Session.

Texas – SB 736 would mandate the use of compost in certain Texas Department of Transportation projects, effective September 1, 2025, with specific requirements for its application in landscaping and other projects. Unfortunately, SB 736 did not advance out of its first Committee. 

Washington State – SB 5033 establishes requirements for the sampling and testing biosolids for PFAS Chemicals, and that the Department of Ecology must publish guidance on PFAS sampling requirements, including frequency and methodology, for facilities generating biosolids.  It passed and has been signed into law.  The USCC supports establishing PFAS Policy workgroups with representatives of all affected parties, and conducting research so as to scientifically establish an appropriate biosolids management policy.

Florida HB – 211/SB 374 would revise the definition of "farm product" and protect farm operations from local government restrictions. The USCC provided a letter of support for this bill, which would help local farmers in their composting efforts. The Bill has passed the House and Senate and is awaiting final signature by the Governor.

New York S5759 and A6192 would place a 5-year moratorium on the sale, distribution, and land application of biosolids. The USCC provided a letter of opposition to establishing a 5 year moratorium before conducting proper testing and research on the impact of PFAS from land-applied biosolids. The bill passed through the Senate Committee, USCC and New York State LEAC members launched a Compost Action Center campaign to encourage New York consitutents to voice their opposition to the bill. Following this campaign, the bill did not advance through the House Committee!

New Jersey S203 and Amendment #6 establishes statewide targets to reduce organic wastes in landfills and requires the Department of Environmental Protection to adopt necessary regulations to achieve the goals. Amendment #6 would require the Department of Environmental Protection to not require recycling centers that process Class C recyclable materials (organic matter) to operate within an enclosed structure, and to adopt performance-based standards for odors, leachate and vector control that are consistent with national best practices, including those developed by the USEPA and the USCC. USCC provided letters of support for the bill and amendment, which would be significant for New Jersey composters who have struggled with draconian permitting processes for composting sites.

Last but not least, Congresswoman Julia Brownly (D-CA) and Congresswoman Chellie Pingree (D-ME) have introduced the Cultivating Organic Matter through the Promotion of Sustainable Techniques (COMPOST) Act. It is legislation that recognizes the environmental benefits of composting and establishes composting as a conservation practice for the U.S. Department of Agriculture (USDA) conservation programs. The USCC strongly supports this bill and will be developing programs to have our members show their support for the bill as well.

USCC will continue to support or oppose these bills in State legislatures, review with the Legislative and Environmental Affairs Committee, and continue to provide updates to our member base as they develop.