LEGISLATION
Mobilizing the framework to support the industry-transforming Senate Bill 1383 was a top priority in 2021. Enforcement will begin on Janaury 1, 2024. OCWR worked together with the County’s 34 cities, jurisdictions, and waste haulers with a common goal of creating the infrastructure needed to comply with the legislative requirements. This included updating franchise agreements, passing mandatory organic waste management ordinances, conducting capacity planning activities and establishing edible food recovery contracts.
Legislation and recycling Timeline
SB
1383
Methane Emissions Reduction And Edible Food Recovery
AB
1826
Mandatory Commercial Organics recycling
AB
1594
PHASE OUT OF ORGANICS DAILY COVER
SB 1383 IMPLEMENTATION ELEMENTS
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Collection and Recycling – Organic Waste Collection
All jurisdictions will need to provide organic waste collection services to all residents and businesses and recycle these organic materials using recycling facilities.
Effective January 1, 2022
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Contamination Minimization
Keeping organics waste streams clean will help ensure that the organic material can be processed and composted or anaerobically digested. Contamination minimization will also help develop markets for recycled products in California.
Effective January 1, 2022
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Waivers
If certain conditions are met, CalRecycle and OCWR may review and issue waivers and exemptions as applicable.
Effective January 1, 2022
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Education and Outreach
The SB 1383 regulations require that jurisdictions conduct education and outreach on organics recycling to all residents, businesses (including those that generate edible food that can be donated), haulers, solid waste facilities and local food banks and other food recovery organizations.
Effective February 1, 2022
Hauler Oversight
Each jurisdiction manages solid waste management programs, including organics recycling. Each local program is based on state minimum standards, including collection service options, container color and labeling requirements and contamination monitoring.
Effective January 1, 2022
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Edible Food Recovery
Some food service businesses must donate edible food to food recovery organizations. This program will be expanded in 2024. By 2025 California has a goal to redirect 20 percent of edible food.
Effective January 1, 2022
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CALGreen Building Standards and Model Water Efficient Landscape Ordinance (MWELO)
Jurisdictions are to specifically adopt an ordinance or other enforceable measure that requires compliance with specific sections of CALGreen and MWELO.
Effective January 1, 2022
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Capacity Planning
Requires the development and planning of organic waste recycling and food recovery capacity program needs required to divert organic waste from landfills into recycling activities and food recovery organizations.
Initial report due April 1, 2022; second report due August 2022
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Procurement
Local governments will be required to use Recycled Organic Waste Products (ROWP) and recycled paper products, as well as products made from recycled organic materials, such as renewable energy, compost and mulch.
Effective January 1, 2022
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Inspection and Enforcement
Jurisdictions are required to implement an inspection and enforcement program to ensure that organic waste generators and food recovery organizations comply with SB 1383 requirements.
Effective January 1, 2022
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Enforceable Mechanisms
The enforcement provisions in SB 1383 and jurisdictional ordinances will establish enforceable mechanisms to regulate compliance, requirements and standards.
Effective January 1, 2022
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Compliance
Compliance will be determined by how jurisdictions and non-local entities implement programs that include:
- Organics waste collection, processing and diversion
- Using recycled organics products like compost and biofuel
- Edible food recovery
Effective January 1, 2022
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Reporting
Jurisdictions are required to report on program implementation and capacity planning.
Effective January 1, 2022
BILLS WE’RE FOLLOWING
Legislative activity continued to unfold throughout 2021. OCWR tracked 79 bills, of which 21 were signed into law. Key legislative highlights include:
AB
1201
Solid Waste: Products and Labeling
Prohibits the sale of plastic products that are labeled as “compostable” or “home compostable”, if not actually compostable according to ASTM standards. Regulations for this bill to be adopted by January 1, 2026.
Truth in Recyclability Claims
Only products meeting statewide recyclability criteria, accepted by at least 60% of the recycling programs and do not contain PFAs can utilize the chasing arrows symbol. The product or packaging must also have accurate and useful information on how to handle it's end of life. The symbol must include the plastic resin code inside a triangle for easier identification. CalRecycle will provide information to the public regarding product or packaging recyclability by January 1, 2024.
SB
343
SB
619
Notice of Intent to Comply with SB 1383
Allows jurisdictions to submit a notice of intent to comply with SB 1383 regulations by March 1, 2022. If CalRecycle approves the plan, the jurisdictions will avoid penalties.
Management Standards for Treated Wood Waste
Restores the alternative management standards for treated wood waste. As a result, variances are no longer needed for disposal facilities, handlers and generators of treated wood waste.