Laws and Regulations

State Agency Waste Management and Diversion

Assembly Bill (AB) 75 was passed in 1999 and the State Agency Model Integrated Waste Management Act (Chapter 764, Statutes of 1999, Strom-Martin) took effect on Jan. 1, 2000. The act mandated that state agencies develop and implement an integrated waste management plan which outlines the steps to be taken to achieve the required waste diversion goals.

Current statutes require all state agencies and large state facilities to divert at least 50 percent of their solid waste from disposal facilities on and after Jan. 1, 2004. The law also requires each state agency and large facility to submit an annual report to the California Department of Resources Recycling and Recovery (CalRecycle) summarizing its yearly progress in implementing waste diversion programs.

The Per Capita Disposal Measurement System Act (SB 1016, Wiggins, Public Resources Code Section 42920-42927, Chapter 343, Statutes of 2008) changed the way state agencies and local governments measure their progress toward meeting the statutory waste diversion mandates. State agencies and large state facilities now use per capita disposal as an indicator of their compliance with the 50 percent waste diversion requirement. Compliance is also determined by diversion program implementation. For more information, see Understanding SB 1016 Solid Waste Disposal Measurement Act of 2008 For State Agencies.

Legislation enacted in 2011 (AB 341 , Chesbro, Chapter 476, Public Resources Code Section 42926(a)) changed the due date of the state agency waste management annual report to May 1 beginning in 2012. The bill makes a legislative declaration that it is the policy goal, of the state of California, that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020.

In October of 2014 Governor Brown signed AB 1826 Chesbro (Chapter 727, Statutes of 2014), requiring businesses, including State Agencies, to recycle their organic waste on and after April 1, 2016, depending on the amount of organic waste they generate per week. This law also requires that on and after January 1, 2016, local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses, including State Agencies that meet the progressive thresholds. Learn more about AB 1826 and Mandatory Commercial Organics Recycling. Review the letter sent to all state agencies in August 2015 and the Tools for Education/Outreach and Implementation of Mandatory Commercial Organics Recycling for state agencies.

As of January 1, 2015 pursuant to AB 2490 (Eggman, Chapter 342, Statutes of 2014) Sections 10 and 15, California district agricultural associations (DAA) are excluded from the definition of “state agency” for purposes of those provisions (Food and Agricultural Code Section 4061(a) and PRC Section 42926 (d)). As such, DAAs are no longer required to submit an annual state agency waste management report to CalRecycle’s State Agency Reporting Center (SARC) by May 1 or a State Agency Buy Recycled Campaign report (SABRC) by March 1 of each year for “Calendar Year” reporters or October 31 for “Fiscal Year” reporters.

While AB 2490 exempts DAAs from reporting requirements, each DAA is required to still maintain and monitor its waste diversion programs and activities to ensure adherence to the diversion requirements for State entities under AB 75 (Strom-Martin, Chapter 764, Statutes of 1999), AB 341 (Chesbro, Chapter 476, Statutes of 2011), SB 1016 (Wiggins, Chapter 343, Statutes of 2008), and PRC 42920-42926.

NEW!! As of January 1, 2017, pursuant to AB 2396 (McCarty, Chapter 466, Statutes of 2016), each state agency is required to include in its existing annual report to CalRecycle specified information on the state agency’s compliance with mandatory commercial recycling requirements, pursuant to AB 341, and mandatory commercial organics recycling requirements, pursuant to AB 1826.

NEW!! As of January 1, 2017, pursuant to AB 2812 (Gordon, Chapter 530, Statutes of 2016), each state agency is required to provide adequate receptacles, signage, education, and staffing, and arrange for recycling services consistent with existing recycling requirements for each office building of the state agency or large state facility. The bill requires, at least once per year, each covered state agency and large state facility to review the adequacy and condition of receptacles for recyclable material and of associated signage, education, and staffing. Additionally, the bill requires each state agency to include in its existing annual report to CalRecycle a summary of the state agency’s compliance with the act.

State agency waste management Annual Reports are now due May 1 of each year for activities conducted during the prior calendar year. Assistance and training is provided by the State Agency team and CalRecycle representatives for each agency.

Waste Management Annual Report Data from Prior Years:

Please refer to the State Agency Electronic Annual Report Database for state agency waste management reports submitted in prior years.

Advisory! This online database contains data from annual reports submitted by state agencies. This information may not have been officially approved by CalRecycle and may be subject to change.

State Agency Buy Recycled Campaign (SABRC)

Assembly Bill (AB) 4, was passed in 1989 (Eastin, Chapter 1094, Statutes of 1989), modified in 1993 (AB 11, Eastin), and updated in 2006 (SB 1106, Committee on Environmental Quality). The State Agency Buy Recycled Campaign statutes are in Public Contract Code Section 12153-12217. The primary intent of SABRC is to stimulate markets for materials diverted by California local government and agencies. It complements the efforts of the Integrated Waste Management Act (Public Resources Code 40000, et seq.) which was enacted to reduce the amount of waste going into California’s landfills.

Public Contract Code (PCC):

Current statutes require all state departments, boards, commissions, offices, state universities, and District Agricultural Associations to purchase post-consumer recycled content products and materials that meet minimum recycled content requirements (PCC Section 12209), within 11 SABRC categories (PCC Section 12207).

The law also requires each state agency to submit an annual report to CalRecycle summarizing its procurement.

State agency SABRC Annual Reports are due Oct. 31 of each year for procurement conducted during the prior fiscal year. For District Agricultural Associations reporting on a calendar year cycle, reports are due Mar. 1 each year. Assistance and training is provided by the SABRC team and CalRecycle representatives for each agency.

As of January 1, 2015 pursuant to Assembly Bill 2490 (Eggman, Chapter 342, Statutes of 2014) Section 10, California district agricultural associations (DAA) are excluded from the definition of “state agency” for purposes of the provisions in the Food and Agricultural Code Section 4061(a). As such, DAAs are no longer required to submit a State Agency Buy Recycled Campaign report (SABRC) by March 1 of each year for “Calendar Year” reporters or October 31 for “Fiscal Year” reporters.

While AB 2490 exempts DAAs from reporting requirements related to recycled content product purchases (RCP), each DAA is still required to maintain and monitor its RCP purchasing programs to ensure adherence to the RCP purchasing requirements for State entities under Public Contract Code 12153-12217.

State Agency Buy Recycled Campaign (SABRC) Data from Prior Years

For reports submitted in prior years, find out how well state agencies have been doing.

Additional Legislation, Policies, and Information

Executive Orders:

Historical Executive Orders:

Department of General Services:

Green Building:

Extended Producer Responsibility:

Resources

For more information contact: Recycling Coordinator, SARC@calrecycle.ca.gov, or Buy Recycled Campaign, SABRC@calrecycle.ca.gov.