Composting Policy in Maryland: ILSR’s History

In 2010, the Green Maryland Act (Senate Bill 693) established the Maryland Green Purchasing Committee to promote environmentally-preferable procurement practices throughout state government. Notably, the bill highlighted preference for use of compost in public land maintenance activities. ILSR worked with the bill sponsor, Jamie Raskin, on the compost procurement pieces of the bill and on language that would have required evaluation of the process to eliminate polystyrene foodservice ware. That first step toward eliminating the state government’s use of polystyrene was removed from the bill due to pushback from industry. ILSR Composting for Community Director Brenda Platt testified in favor of the bill at its hearing.

In 2011, House Bill 817 pushed the state to improve its outreach to promote composting and established a study group to report on the state’s existing composting policy landscape and make recommendations. Brenda Platt, as Composting for Community Director, worked directly with her local delegate at the time, Heather Mizeur, to create this bill to address the longtime need for more clarity and information on composting in Maryland. When the bill passed, ILSR participated in the study group that produced the January 2013 report to the General Assembly, Composting Workgroup Final Report. In addition to providing a recommended list of people to be involved in that study group, ILSR played a pivotal role in shaping the report’s recommendations.

In 2013, House Bill 1440 required the establishment of a permit system tailored to composting facilities. The bill resulted in the Maryland Department of the Environment (MDE) establishing Chapter 11 under COMAR 26.04 in 2015, specifying requirements for compost facility construction and operation in the state. ILSR was an active member of the technical committee that worked on drafting the regulations, guiding MDE to adapt performance-based regulations from the US Composting Council’s model policy template. ILSR also succeeded in including permit exemptions for certain on-farm and small-sized composting operations.

In 2014, House Bill 878 required the State Highway Administration to procure compost and compost-based products for use in highway landscaping and construction projects as an erosion mitigation and stormwater management strategy. ILSR worked with the House bill’s sponsor, Delegate Dana Stein, and the State Highway Administration to work out amendment language that aligned compost use with existing Maryland erosion control standards and stormwater management practices and that highlighted specific uses for compost in highway construction products.

In 2017, House Bill 1349 established needed standards by which plastic products can be labeled as compostable or biodegradable. ILSR led the coalition that crafted this bill, working closely with the bill’s sponsor, Delegate Shane Robinson, and incorporating lessons learned from a similar California law. ILSR submitted favorable written testimony and organized the expert panel to testify. HB 1349 was highlighted as one of 12 key environmental bills signed by the Governor at the Annapolis City Dock.

Also in 2017, House Bill 171 launched a study group to evaluate and make recommendations regarding organic material diversion and infrastructure needs in Maryland. The bill named ILSR as a member of the study group and Composting for Community Director Brenda Platt heavily participated in meetings and report writing for a year and a half up to the release of the Final Report in 2019. The report’s key findings and recommendations have influenced the state’s direction on organics diversion infrastructure and programs.

In 2021, House Bill 264 established Maryland’s food residuals diversion requirement for large food waste generators (LFWGs). The law, sponsored by Delegate Lorig Charkoudian, requires institutions producing more than one ton of food residuals per week to divert those materials from disposal if capacity exists within a 30-mile radius. The bill is designed to stimulate in-state investment in organics processing infrastructure. ILSR was a key driver of the seven-year process leading up to the legislation’s passage and took a leading role in drafting the bill language and organizing advocacy and testimony. We helped introduce the first version of this bill in 2014 (HB 1081). In 2015, the bill was reintroduced as a task force bill (HB 603) and again in 2016 (HB 743), neither of which passed. The task force bill morphed into the 2017 study group bill House Bill 171 (see above), achieving partial progress toward the ultimate goal of a food residuals diversion law. ILSR worked heavily on the 2020 version of the food scrap recovery bill (HB 589), which laid the penultimate steps for the 2021 bill’s ultimate passage into law.

In 2022, Senate Bill 124 established a grant program for county boards and public schools to develop and implement food-waste-reduction and composting programs. ILSR advised both the Senate and House sponsors (Senator Shelly Hettleman and Delegate Lorig Charkoudian) on the language, defining which programs should be eligible for grant funding. We also provided input to the bill’s factsheet and testified in favor of the bill.

In 2023, House Bill 253 was passed, doubling the area allowed for on-farm food scrap composting under Maryland’s on-farm composting permit exemption. The bill was first introduced in 2022 as SB 229. ILSR led the bill language development process in 2022, working closely with the bill sponsors (including Delegate Emily Shetty and Senator Jason Gallion) and coordinating input from the farming and environmental communities, such as the University of Maryland Extension. The 2023 language amendment and advocacy process was led by Maryland Clean Water Action and an active group of stakeholders that included ILSR, the Maryland Farm Bureau, a local farmer, and a local community composter, all of whom were also involved in 2022.

Starting in the 2022 legislative session, ILSR worked closely with Delegate Regina T. Boyce to draft and introduce a bill addressing the critical need for investment in wasted food reduction and composting programs and infrastructure by establishing major grant funding via a surcharge on waste disposal. Versions of this bill were introduced in 2022, 2023, and 2024, with the 2024 version (HB1318) making the most progress in the legislature. ILSR has provided written and oral testimony at the bill hearings each year and ILSR’s 2024 testimony included 30 organizational sign-ons. ILSR is currently working closely with Maryland stakeholders, including Maryland Department of Environment, Maryland Department of Agriculture, the MD-DC Compost Council, and others to advance an improved version of this bill for the 2025 session.

In 2021, House Bill 248 ensured condominium and HOA unit owners’ right to subscribe to food scrap collection services and HOA unit owners’ right to compost at home. ILSR provided testimony in support of this bill and documented it as a model policy.

Also in 2021, House Bill 280 repealed the policy that allowed toxic incinerator ash to count toward local recycling goals. ILSR and Maryland Clean Water Action met with Delegate Lorig Charkoudian, who sponsored the bill, to raise the issue. Clean Water Action’s written testimony reflected ILSR’s position on the bill.

In 2016, Montgomery County enacted its Strategic Plan to Advance Composting, Compost Use, and Food Waste Diversion, which was developed in response to Bill 28-16. ILSR worked in close partnership with Roger Berliner (County Council Vice President at the time) and the Montgomery County Food Council on the bill and Strategic Plan and testified in favor of the bill at its hearing. The Plan stipulates a diverse and distributed approach to food rescue, at-home and community-scale composting, and local compost use. The Plan serves as a model for communities and metro areas looking to ensure that distributed, small-sized composters have a seat at the table in the discussion of recycling and the waste stream.

In 2021, an Agricultural Reserve Zoning Amendment in Montgomery County expanded local farmers’ composting operations by allowing a greater amount of material to be sourced from off-site. ILSR provided written testimony in support of the zoning amendment to the Montgomery County Council.

Between 2008 and 2015, Brenda Platt co-facilitated the student-led campaign that resulted in a ban on polystyrene (styrofoam) foodservice ware in Takoma Park and in Montgomery County. Legislation that minimizes contaminants in the waste stream is a foundational step to avoiding contamination of food residuals and environmental pollution in general. The efforts of the Montgomery-County-based Young Activist Club laid the foundation for a statewide ban on the sale of polystyrene foodservice products. The first bill introduced in 2017 (HB 229), in support of which ILSR submitted written testimony, did not pass. Eventually, during the 2019 legislative session, a statewide ban on the sale and use of food service products composed of styrofoam was passed (Chapter 579).

In 2022, Prince George’s County passed County Bill 14, reducing the prevalence of single-use utensils by requiring restaurants and eateries to only provide disposable utensils upon request of the customer, instead of by default. ILSR testified in favor of this bill.