Composting facilities: zoning.

2025-2026 Regular Session Introduced by Rhodesia Ransom

OPR to post a best-practices advisory on siting composting facilities; post-2029, cities/counties must consider it when revising land use plans, guiding zoning and permitting.

In committee: Held under submission.

#compostingfacilities #zoning

Purpose / Intent

AB 436 directs the Office of Planning and Research (OPR) — Land Use and Climate Innovation to produce a technical advisory with best practices to facilitate the siting and zoning of composting facilities so local governments can better meet California’s organic waste reduction goals (see Health & Safety Code §39730.6).

Key provisions

Adds two sections to the Government Code:

Section 65040.19 (new): Requires OPR, in consultation with the Department of Resources Recycling and Recovery (CalRecycle), to develop and post a technical advisory on its website by June 1, 2027.
The advisory must reflect best practices for siting composting facilities.
It must include (1) sample general plan goals, policies, and implementation measures and (2) a model ordinance suitable for local adoption or modification.
OPR must consult with representatives from urban, suburban, and rural counties and cities, composting facility operators, and public/private waste services while developing the advisory.
Section 65302.16 (new): Requires that, upon a substantive revision of a jurisdiction’s general plan land use element on or after January 1, 2029, a city/county must consider:
The best practices, sample general plan content, and model ordinance contained in the OPR technical advisory; and
Updating the land use element to identify areas where composting facilities may be an allowable use (with flexibility for different facility types or sizes).
This requirement only applies to land use element revisions occurring after the advisory is publicly posted.

Who is affected

State agencies: OPR and CalRecycle (development of advisory).

Local governments: cities, counties, and city-counties (planning staff and elected bodies) — required to consider the advisory during substantive land use element revisions.

Composting facility operators, waste haulers, and local communities — may see changes in zoning, permitting, and siting pathways.

The bill creates a state-mandated local program by increasing local planning duties.

Timeline & procedural notes

OPR advisory due by June 1, 2027.

Local governments must consider the advisory upon substantive land use element revisions on or after January 1, 2029 (only after the advisory is posted).

Legislative status as of 5/23/2025: held under submission in Assembly Appropriations; prior committee approvals include unanimous Do Pass recommendations in Local Government and Natural Resources committees.

Fiscal / legal notes

The bill contains no appropriation. It is designated as imposing a local program; however, it states no state reimbursement to local agencies is required under Article XIII B, Section 6 of the California Constitution (citing Government Code §17556) because local agencies may fund mandated costs via fees or assessments.

Potential impacts

Encourages consistency across jurisdictions and provides templates to streamline local zoning for composting.

May accelerate siting of composting infrastructure needed to meet organic waste reduction/climate goals.

Imposes additional planning consideration duties on local governments when they revise land use elements, potentially changing zoning maps or allowable uses to accommodate composting operations.

Bill