The USCC's Legislative and Environmental Affairs Committee (LEAC) and the USCC's advocacy program have been tracking an unprecedented number of bills and initiatives from statehouses across the country (as well as federal initiatives - see last month's article here).
Maine
PFAs in Maine-LD1911 - Opposed - A bill introduced this session would dramatically lower PFAS levels allowed and remove prior testing protocols in place for screening levels for PFOA, PFOS and PFBS. This would remove virtually all composts from having the ability to prove through testing that the previous standard (75 years later application on soil will not show levels above safe screening levels. See USCC's letter here.)
Colorado
The Extended Producer Responsibility Task Force continues to monitor bills in many states, most notably Maryland and Colorado, where we have been working with bill sponsors to have composting included in both needs assessments for fundable projects (such as contamination removal equipment and education) and on either the Producer Responsibility Organizations overseeing the distribution of funds collected on packaging or on the oversight boards of the PROs.
Colorado's bill has included composting on the oversight board's responsibilities and has added tracking of contamination at compost facilities. The Colorado bill advocates said that a needs assessment has already been designed into Colorado's organic management plan. See the amendments address composting here.
With sessions not yet over, USCC will continue to monitor these EPR bills.
Virginia:
USCC was disappointed to have lost a fight to revise a bill inaccurately defining compost, digestate and soil amendment in bills (HB831 and SB248) introduced in the General Assembly. AAPFCO in the past decade has modified all the definitions, but the sponsor declined to amend the bill. The bill's sponsor, Delegate Tony Wilt, represents Rockingham County, where a study is underway to site an anaerobic digester. USCC's position is that digestate is only partially stable until it is composted.
| Bill Definition | Correct Definition |
| "Digestate" means a biologically stable material derived from the process of anaerobic digestion. | "Digestate" is the liquid or solid material processed through anaerobic digestion. Labeling digestate materials shall be designated by prefixing the name of the feedstock from which it is produced." |
| "Soil amendment" means any substance or mixture of substances intended to improve the physical, chemical, biochemical, biological, or other characteristics of the soil. The following are exempt from the definition of "soil amendment": fertilizer, unmanipulated or composted animal and vegetable manures, horticultural growing media, agricultural liming materials, unmixed mulch and unmixed peat. | "Soil amendment" means any substance or a mixture of substances which is intended to improve the physical, chemical, biochemical, biological or other characteristic of the soil, except fertilizer, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetables manures, pesticides and other materials exempt by regulation. (AAPFCO 2010) |
| "Compost" means a biologically stable material derived from the composting process. | "Compost" is the product manufactured through the controlled aerobic, biological decomposition of biodegradable materials. The product has undergone mesophilic and thermophilic temperatures, which significantly reduces the viability of pathogens and weed seeds (in accordance with EPA 40 CFR 503 standards) and stabilizes the carbon such that it is beneficial to plant growth. Compost is typically used as a soil amendment, but may also contribute plant nutrients. (AAPFCO definition, official 2018) |