Local Government Requirements and Resources

A jurisdiction’s organic waste recycling program targeted to commercial organic waste generators may include, but is not limited to, one or more of the following key elements:

  • Implementing a mandatory commercial organic waste recycling policy or ordinance.
  • Enforcement provisions, including a structure for fines and penalties.
  • Requiring a mandatory organic recycling program through a franchise contract or agreement.
  • A requirement that organic waste go through a source-separated or mixed-processing system that diverts organic waste from disposal.
  • Certification requirements for self-haulers.
  • Charging and collecting fees from organic waste generators to recover the jurisdiction’s cost of complying with the law.
  • Implementation or enforcement of organic waste recycling requirements that are more stringent or comprehensive than the minimum requirements outlined.

The law requires that each jurisdiction’s program contain certain common elements. These requirements are applicable whether or not the jurisdiction meets its 50% per capita disposal target:

  • Identifying the businesses that meet the applicable thresholds.
  • Conducting annual education and outreach to inform businesses about the law and how to recycle organics in the jurisdiction.
    • Jurisdictions can build their education, outreach, and monitoring activities into the work they are doing to implement the Mandatory Commercial Recycling law.
    • A jurisdiction could incorporate information on how to recycle organics into its existing activities through its electronic tools, websites, written materials like brochures, and direct contact with businesses.
  • Implementing annual monitoring activities to identify those not recycling and to inform them of the law and how to recycle organics in the jurisdiction. Jurisdictions can build on their monitoring activities for Mandatory Commercial Recycling.
    • For example, the hauler may be responsible for identifying those not recycling organics, and the jurisdiction may contact them via letter, phone call, and/or site visit.

Note: The authority of a local governmental agency to adopt, implement, or enforce a local organic waste recycling requirement, or impose a condition upon a self-hauler, that is more stringent or comprehensive than the requirements of this law is not limited. Additionally, the following are not modified, limited, or abrogated in any manner by this law:

  • A franchise granted or extended by a city, county, city and county, or other local governmental agency.
  • A contract, license, or permit to collect solid waste previously granted or extended by a city, county, city or county, or other local governmental agency.
  • The existing right of a business to sell or donate its recyclable organic waste materials.
  • The authority of a local jurisdiction with respect to land use, zoning, or facility siting decisions by or within that local jurisdiction.

Exemptions

On a case-by-case basis, a jurisdiction may exempt individual businesses from the organic waste recycling requirements. Jurisdictions must include their rationale for allowing exemptions in the electronic annual report (EAR) they submit to CalRecycle. These exemptions under AB 1826 are in effect until January 1, 2022, with one exception. The law contains a 2020 trigger that further increased the scope of affected businesses.

In September of 2020, CalRecycle reduced the threshold to 2 cubic yards of solid waste (including trash, recycling, and organics) generated by covered businesses. This determination also further disallowed the future use of the exemption under 42649.82 (e)(3)(E) related to businesses that generate one cubic yard or less of organic waste.

After January 1, 2022, the de minimis threshold and physical space waivers in section 18984.11 under the SB 1383 regulations would be in place and the exemptions under AB 1826 would no longer apply, unless the regulated business is located in a jurisdiction that has a low population, elevation or rural waiver (see section 18984.12 of the SB 1383 draft regulations for more information about low population, elevation and rural waivers).

Note: If the regulated business is located in a low population or rural area that has a waiver, then the existing exemptions under AB 1826 can still be applied with the exception of PRC section 42649.82 (e )(3)(E). Reasons for exemptions may include, but are not limited to, the following:

  • Lack of sufficient space in multifamily complexes or businesses to provide additional organic material recycling bins.
  • Existing business actions that result in the recycling of a significant portion of its organic waste.
  • Generation by the business or group of less than one-half of a cubic yard of organic waste per week.
  • Extraordinary and unforeseen events (limited-term exemptions).

Rural Exemptions

Exemptions are allowed for jurisdictions that are located entirely within a rural county or counties. A rural county is one with a population of less than 70,000. A rural jurisdiction, e.g., county, city, or regional agency, can submit a resolution to CalRecycle exempting themselves and the businesses that operate in the region from the mandatory organic recycling requirements. Jurisdictions wishing to be exempt from implementation of the law on January 1, 2016, submitted a related resolution to CalRecycle prior to June 30, 2015.

CalRecycle has determined the relative impact by rural jurisdictions on statewide disposal is approximately one percent of the statewide organic waste disposal, which is not significant. Therefore, CalRecycle will extend the current AB 1826 rural exemption until December 31, 2026. This extension also aligns with the provisions regarding rural exemptions contained in section 18984.12(c) of the proposed SB 1383 regulations.

Reporting

Beginning with the submission of the 2016 Electronic Annual Report (EAR) (which was due August 2017, and covered calendar year 2016 recycling activities and programs), jurisdictions will be required to report on progress in implementing the organic waste recycling program.

Each jurisdiction’s annual report must include the following information in the 2016 EAR and subsequent EARs:

  • Existing local organic waste recycling facilities and the respective capacities available for materials to be accepted.
  • Existing solid waste and organic waste recycling facilities within the jurisdiction that may be suitable for potential expansion or co-location of organic waste processing or recycling facilities.
  • Efforts underway to develop new private or public regional organic waste recycling facilities that may serve some or all of the organic waste recycling needs of the commercial waste generators within the jurisdiction, and the anticipated timeframe for completion of those facilities.
    • Closed or abandoned sites that might be available for new organic waste recycling facilities.
    • Other nondisposal opportunities and markets.
    • Appropriate zoning and permit requirements to site new organic waste recycling facilities.
    • Incentives available, if any, for developing new organic waste recycling facilities within the jurisdiction.
    • Barriers to siting new or expanded composting, anaerobic digestion and chip and grind facilities and a plan to remedy those barriers that are within the control of the local jurisdiction.
  • Report on the identification, education, outreach, and monitoring activities, including the number of businesses that are not recycling organics and what was done to inform them of the law. Providing tonnage on the amount of material that is recycled is optional.
  • Rationale for allowing exemptions, and, if applicable, report on enforcement efforts.
    • Exemptions noted in the law include:
      • Lack of sufficient space to provide additional bins,
      • Current business practices already result in a significant reduction in its organic waste,
      • The business does not generate at least one-half cubic yard of organic waste per week, and
      • Extraordinary and unforeseen events (limited-term exemptions).

Related Resources

Related Links

 

For more information contact: Commercial Recycling, LAMD@calrecycle.ca.gov.