AMENDED IN ASSEMBLY SEPTEMBER 2, 2025

AMENDED IN ASSEMBLY JUNE 30, 2025

AMENDED IN SENATE MAY 23, 2025

AMENDED IN SENATE MAY 12, 2025

AMENDED IN SENATE MARCH 20, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

92

CHAPTER 651

Statutes of 2025

[ Approved by Governor October 11, 2025. Filed with Secretary of State October 11, 2025. ]

Introduced by Senator McNerney

(Coauthor: Senator Hurtado)

February 5, 2025

An act to add Section 44019 to the Public Resources Code, relating to solid waste.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires the Department of Resources Recycling and Recovery to adopt and revise regulations setting forth minimum standards for composting, in accordance with law. Existing regulations require all compostable materials handling activities to obtain a permit prior to commencing operations and to comply with specified requirements. Existing regulations specify 4 regulatory tiers for composting operations, with different requirements for each tier. The 4 tiers are excluded, enforcement agency notification, registration permit, and full solid waste facility permit.

In the excluded tier, existing regulations specify the “excluded activities” that do not constitute compostable material handing operations or facilities and, therefore, are not subject to permit requirements or other regulatory requirements. One of the excluded activities is the composting of green material, agricultural material, food material, and vegetative food material, alone or in combination, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet.

This bill would expand this excluded activity exemption for composting activities by eliminating the maximum square-foot condition and authorizing a total amount of feedstock and compost onsite at any one time of up to 200 cubic yards, or 500 cubic yards for a composting activity owned by a public agency, as defined. The bill would also authorize the Department of Resources Recycling and Recovery to further increase those amounts by regulation. The bill would also make the composting of agricultural materials and residues that are from a large-scale biomass management event at an agricultural facility that does not otherwise operate as a solid waste facility an excluded activity, as specified.

Existing regulations prohibit a composting operation from giving away or selling more than 1,000 cubic yards of compost product annually if it is in the excluded tier or if it is an agricultural material composting operation in the enforcement agency notification tier, its feedstock is both green material and agricultural material, and the operation is located on land zoned for agricultural uses.

This bill would authorize composting activities to give away or sell up to 5,000 cubic yards of compost product annually. The bill would authorize the Department of Resources Recycling and Recovery to increase, by regulation, that amount when the composting is of agricultural materials and residues that are from a large-scale biomass management event at an agricultural facility.

The people of the State of California do enact as follows:

SECTION 1.

Section 44019 is added to the Public Resources Code, immediately following Section 44018, to read:

44019.

(a) For purposes of this section, all of the following shall apply:

(1) “Agricultural byproduct material” has the same meaning as defined in paragraph (4.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations.

(2) “Agricultural facility” means an area where land is actively used for agricultural operations and includes related commercial activities and structures necessary for these operations if they are consistent with accepted practices and local zoning.

(3) “Agricultural material” has the same meaning as defined in paragraph (5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations.

(4) “Large-scale biomass management event” includes, but is not limited to, the removal of a whole orchard or vineyard.

(5) “Manure” has the same meaning as defined in paragraph (25) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations.

(b) The following activities are excluded activities for purposes of paragraph (4) of subdivision (a) of Section 17855 of Title 14 of the California Code of Regulations:

(1) (A) Composting green material, agricultural material, food material, and vegetative food material activities, alone or in combination, if the total amount of feedstock and compost onsite at any one time does not exceed either of the following:

(i) 200 cubic yards.

(ii) 500 cubic yards for a composting activity owned by a public agency. For the purposes of this subparagraph, “public agency” means a city, county, city and county, including a charter city or charter county, special district, joint powers authority, state agency, or federal agency.

(B) Notwithstanding subparagraph (A), the department may increase, by regulation, the total amount of feedstock and compost a composting activity may have onsite as an excluded activity.

(2) (A) Subject to subparagraph (C), the composting of agricultural materials and residues that are from a large-scale biomass management event at an agricultural facility that does not otherwise operate as a solid waste facility. Materials or residues from a large-scale biomass management event do not include whole or partial animal carcasses or animal byproducts other than manure.

(B) (i) The excluded activity described in subparagraph (A) may include acquiring and using agricultural materials, agricultural byproduct materials, and manure from an agricultural facility to blend with the onsite agricultural materials and residues resulting from a large-scale biomass management event. Offsite material shall not include whole or partial animal carcasses or animal byproducts other than manure.

(ii) An entity that acquires and uses agricultural materials, agricultural byproduct materials, or manure pursuant to clause (i) shall maintain records identifying the origin of the material or manure for a minimum of five years and present those records to enforcement agencies upon request.

(C) The excluded activity described in this paragraph may be excluded activity for purposes of Section 17855 of Title 14 of the California Code of Regulations not more than once every 10 years and the composting of materials shall not exceed 24 months.

(c) Persons handling compostable material under the exclusions described in subdivision (b) are obligated to obtain all permits, licenses, or other clearances that may be required by other regulatory agencies including, but not limited to, local health entities and local land use authorities.

(d) (1) A composting activity may give away or sell up to 5,000 cubic yards of compost product annually for purposes of both of the following:

(A) Paragraph (1) of subdivision (a) of Section 17855 of Title 14 of the California Code of Regulations.

(B) Subparagraph (A) of paragraph (1) of subdivision (d) of Section 17856 of Title 14 of the California Code of Regulations.

(2) Notwithstanding paragraph (1), the department may increase, by regulation, the amount a composting activity may give away or sell when the composting is of agricultural materials and residues that are from a large-scale biomass management event at an agricultural facility pursuant to paragraph (2) of subdivision (a).