Introduction and Background
In September 2014, Governor Brown signed Assembly Bill (AB) 1594 (Williams, Chapter 719, Statutes of 2014), mandating that as of January 1, 2020, the use of green material as alternative daily cover (ADC) will no longer constitute diversion through recycling and will instead be considered disposal in terms of measuring a jurisdiction’s annual 50 percent per capita disposal rate ( Public Resources Code (PRC) Section 41781.3).
Frequently Asked Questions
CalRecycle has prepared a list of common questions and answers about this bill.
Key Elements of the Law
- As of January 1, 2020, the use of green material as ADC does not constitute diversion through recycling and will be considered disposal for purposes of measuring a jurisdiction’s 50 percent per capita disposal rate.
- In the 2017 Electronic Annual Report (due August 1, 2018), jurisdictions will include information on plans to address these new requirements and divert green material that is being used as ADC. CalRecycle’s Electronic Annual Report (EAR) will be adjusted to reflect these reporting requirements.
- CalRecycle will provide guidance to local enforcement agencies (LEA) on any conditions and restrictions on the utilization of ADC.
- Beginning with the 2020 Electronic Annual Report (due August 1, 2021), if a jurisdiction does not meet its 50 percent per capita disposal target as a result of not being able to claim diversion for the use of green material as ADC, it must report additional information (e.g., barriers to recycling green material, capacity at facilities that recycle green material, a plan to address those barriers). CalRecycle’s EAR will be adjusted to reflect these reporting requirements.
- For jurisdictions on a two-year review cycle, the formal jurisdiction review will commence after receipt of the 2021 Annual Report that is submitted August 1, 2022. Then the next formal review for all jurisdictions will commence after receipt of the 2023 Annual Report that is submitted August 1, 2024. Note: Reviews will continue on the two- and four-year review cycles.
- With respect to the integrated waste management (IWM) fee, there will continue to be no disposal fee on green material that is used as ADC at solid waste landfills.
Note: “Green material” has the same meaning as “processed green material.” The term does not include materials left over from the composting process, materials left over after the material recovery process (commonly referred to as “fines”), or processed construction and demolition waste materials.
- 2018 CalRecycle Disposal Reporting System (DRS) Green Material ADC Tonnages by Jurisdiction: This report provides an analysis of the impact of ADC green material being counted as disposal as it relates to calculating 2018 per capita disposal. This report will be completed and posted annually in an effort to help jurisdictions assess the potential impact of this change to their annual per capita disposal rate and to plan accordingly.
- Jurisdictions can review disposal facilities that assigned green material ADC and the amount by using the CalRecycle RDRS Reports: Jurisdiction Disposal and Beneficial Reuse by Destination.
Search Resolution: Local Government/Landfill
Direction of Travel: Sent To (Please note that selecting this option will still show facilities within the jurisdiction/county)
Jurisdiction: Your Jurisdiction
Material Type: Landfill
Disposal Facility Name or RDRS ID: (optional selection, if searching for all Green Material ADC for the jurisdiction selected, or if identifying by specific facility)
Data displayed in this report includes Destination Facilities, Landfill MSW Disposal Tons (in the “Landfill (Includes host assigned tons due to missing reports)” column) host assigned MSW tons, Green Material ADC (Includes host assigned tons due to missing reports), and host-assigned Green Material ADC tons. Specific facility filters can be applied using the Disposal Facility Name or RDRS ID Filter. More information about these facilities can be found on the SWIS Facility/Site Search.
For more information contact: Local Assistance & Market Development, LAMD@calrecycle.ca.gov or (916) 341-6199.