Californians: Are you in compliance with the organics mandate?

Keeping up with the ever-changing landscape of waste legislation can be daunting. Here at All About Waste, our goal is to help you understand the big changes that occur and what you might need to do to ensure you are in compliance. One of those big changes in the state of California is Senate Bill 1383.

Background

January 1st 2022, a sweeping new mandate took effect in California to ensure organics generated in the state are donated and recycled/composted. Senate Bill 1383, approved by lawmakers and signed by Governor Jerry Brown in 2016, contains a number of provisions designed to increase organics diversion in the state by enforcing the mandates laid out in Assembly Bill 1826 (passed in 2014). These include requirements for municipalities to provide organics collection service to residents and commercial/government buildings, to procure set amounts of recovered organic waste products, and to ensure that certain foodservice businesses donate eligible food to food recovery organizations. The goal of the legislation is to reduce the greenhouse gas emissions associated with landfilling organic materials, particularly methane which is many times more potent as a climate warming gas than carbon dioxide.

When you should expect to see changes

While local jurisdictions were required to implement SB 1383 starting on January 1st, 2022, some may have received exemptions from the state due to challenges from the COVID-19 pandemic. This resulted in a delay in the kick-off of collection services in some areas, as late as this year. In addition, the state is setting individual targets for each jurisdiction based on current organics diversion performance, meaning some localities may roll out their services at a faster or slower pace depending on their own unique set of targets from the state. 

The differing situations and requirements across jurisdictions have been confusing to say the least. If you do not currently subscribe to organics collection services, and have not been contacted to start service, we recommend checking in with your hauler or local waste management authority (county, city, or a special district that provides solid waste collection services) about whether you need to subscribe to organics collection services (and if so, when the services will be available).  

What buildings are required to do

Buildings will be required to subscribe to and participate in their jurisdiction’s organics curbside collection service or self-haul organic waste to a specified composting facility, community composting program, or other collection activity or program. Buildings must collect all organics generated by employees, tenants, contractors, customers, and residents (as applicable). 

We know this change can be especially overwhelming for commercial buildings. Here are some key things you will need to do to roll out a new organics collection program at a commercial facility:

• Provide collection containers for organic waste in all applicable areas. Ensure you provide the adequate number, size, and location of containers with the correct labels or container colors (green is the standard color for organics bins). Labels with pictures are very helpful. 

• Please note, according to CalRecycle, if a business does not generate any of the materials that would be collected in a specific container, then it does not have to provide that particular container inside its facility.

• To reduce contamination, provide education to employees, contractors, tenants, and customers regarding how to properly sort organic material into the correct containers.

• Periodically:
  - Inspect organic waste containers for contamination
  - Inform employees if containers are contaminated
  - Instruct employees about how to properly sort material into the correct containers.

• Annually educate employees, contractors, customers, and tenants on how to properly sort organic waste into the correct bins

• Property managers should know that CalRecycle requires you to provide information to new tenants within 14 days of occupation of the premises.

Who is required to donate food

One of the components of the law is a requirement that certain businesses donate edible food to food recovery organizations. With SB 1383 will come inspections and enforcement of these requirements. Businesses classified as “food donors” will be required to donate, including: grocery stores and supermarkets, food distributors, wholesale vendors and foodservice providers. A second tier of businesses – including restaurants, hotels, large venues and event centers, and more – will need to donate edible food as of this year. 

In conclusion

While the state is known for progressive zero waste measures, this law is the most significant waste reduction legislation in decades. It will divert a large amount of material away from the landfill, create jobs, create healthy soil, feed more hungry Californians, and reduce significant amounts of methane emissions. While it is sometimes hard to start something new, the payoff to society and our planet is well worth the effort. 

If you have questions or want to talk about what these new laws mean for your site, All About Waste is here to help. Please contact us anytime and we will provide more information, tips, and guidance on how to successfully start diverting organics.