Illinois Rep. Bicanic-Moeller’s organic waste composting and anaerobic digestion bill passes House and Senate

Passed bill authored by State Rep. Anna Moeller aims to modernize organic waste composting and anaerobic digestion regulations, updating definitions and establishing new standards following approval in both chambers, according to the Illinois General Assembly.

In the House, 69 Democrats and 34 Republicans voted in favor of the bill.

Meanwhile, in the Senate, 40 Democrats and 19 Republicans voted in favor of the bill.

Bicanic-Moeller introduced the bill in the Illinois House on Feb. 6, 2026 during the 104th session.

The legislation, known as HB5541, was passed on May 21, 2026 during the general assembly session 104.

According to the Illinois General Assembly site, the legislature summarized the bill’s official text as follows: “Amends the Environmental Protection Act. Repeals the definition of “food scrap”; adds definitions for “anaerobic digestion”, “biogas”, “digestate”, “food waste”, “organic material”, and “organic waste”; and updates the definitions of “compost” and “composting”. In provisions regarding pollution control facilities, includes a new exemption for portions of sites or facilities used for composting or anaerobic digestion of organic waste that meet specified siting, setback, floodplain, and operational requirements. In provisions regarding prohibited acts, establishes permitting requirements for organic waste composting operations and organic waste anaerobic digesters, and creates exemptions for small-scale and certain farm-based composting operations that meet volume limits, setback distances, and other environmental safeguards. Provides that anaerobic digesters using only non-waste feedstock are exempt from solid waste permitting and clarifies that digested material returned to the economic mainstream is not regulated as waste. Authorizes the Environmental Protection Agency to recommend, and the Pollution Control Board to adopt, performance standards for organic waste compost facilities and testing procedures for end-product compost, and requires a Technical Advisory Committee with balanced stakeholder representation. Specifies that standards apply to compost offered for sale or use and exempts on-site residential composting. Makes conforming changes throughout to integrate new definitions and regulatory requirements.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill updates the Environmental Protection Act to modernize regulation of organic waste composting and anaerobic digestion. It adds new definitions for anaerobic digestion, biogas, digestate, food waste, organic material and organic waste, and revises compost-related terms. It creates a new exemption from “pollution control facility” siting rules for qualifying composting and anaerobic digestion sites that meet volume limits, setback distances, floodplain protections and habitat safeguards. The bill requires solid waste permits for most organic waste composting operations and anaerobic digesters, while exempting very small and certain farm-based sites. It directs the Environmental Protection Agency and Pollution Control Board to develop performance and product standards for organic waste compost facilities, requires a technical advisory committee with balanced stakeholders, and exempts on-site residential composting and certain low-volume operations from those standards.

The bill was sponsored by Sen. Adriane Johnson (Democrat-30th District), Sen. Javier L. Cervantes (Democrat-1st District), and Rep. Margaret A. DeLaRosa (Democrat-42nd District), along with one other sponsor.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Moeller graduated from Northern Illinois University in 1995 with a BA.

Moeller, a Democrat, was elected to the Illinois State House in 2014 to represent the state’s 43rd House District, replacing previous state representative Keith Farnham.

Lawmakers listed as “Not Voting” were present for the vote but did not cast a vote. Those marked as having an “Excused Absence” were not present and formally provided a reason for their absence, which was accepted.