Compost bill seeks to restrict food waste deposits in certain Texas counties

A bill aimed at limiting urban food and other waste transport to rural composting sites is awaiting the governor’s approval after being passed in both chambers of the Texas Legislature, reports KBTX.

The legislation, Senate Bill 2078 (S.B. 2078), would restrict the deposit of food waste at composting sites in counties that do not have commercial food waste composting ordinances.

“We’ve been kind of a whirlwind coming after as the session has wound down, but the composting bill is waiting for a governor’s signature that will redefine, you know, where compost can go,” Rep. Stan Gerdes, who sponsored the bill, tells KBTX.

According to the bill, a person may only deposit food waste collected in a municipality at a facility located in a county without a commercial composting ordinance if the local commissioners court approves the action or the facility was already operating under a valid authorization before Jan. 1 of this year. A civil penalty of $1,000 may apply for each violation.

“We do work with some of the stakeholders to make sure that we handle some concerns of folks who are already in the area,” Gerdes says. “What we’re trying to do is stop this type of stuff from coming out of these universal recycling ordinance mandates and being dumped into our rural areas.”

The bill comes after months of public backlash against a proposed compost facility in Lee County submitted by Break It Down LLC. The company submitted a notification to the Texas Commission on Environmental Quality (TCEQ) last fall seeking to process a range of organic materials on a site near County Road 326.

As reported by KBTX, the project drew more than 2,000 written comments and meeting requests to the TCEQ, with residents citing concerns about water contamination, increased wildlife activity and potential environmental risks to Yegua Creek, which feeds into Lake Somerville.

The bill has drawn opposition from the co-founder of Break It Down LLC, Jeff Paine, with him warning that the measure could be used to shut down legitimate businesses without proper review.

“This bill would provide unilateral power to counties to prohibit or shut down any compost operation of any kind or size without due process or evidence of any harm,” Paine said during a public testimony for the bill. “This bill is in direct conflict ... with existing provisions of the Texas Health and Safety Code. This bill would also incentivize bad actors in the landfill industry or other parties to lobby local citizens and local governments to shut down compost facilities to prevent competition.”

Although the TCEQ permitting process is still underway for the Lee County site, the pending legislation does not automatically halt existing applications.

“This project could still go forward, obviously, since our bill is not signed yet, it hasn’t taken effect,” Gerdes says. “We fought hard to get it to this point to protect the folks of Lee County against this mandated slop being put in their backyard and we will continue to stand up and fight for Lee County.”

TCEQ will host an informational open house on June 30 at Giddings High School, with staff available to answer questions beginning at 6 p.m. Presentations will begin at 7 p.m.

SB 2078 would take effect on Sept. 1 if signed by the governor.