AB 2902: Solid waste: reduction and recycling.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-22
Current Status:
Passed
(2024-09-22: Chaptered by Secretary of State - Chapter 421, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill extends California's rural exemption from state organic-waste collection and procurement rules to 2037 and lets the state recycling department renew those exemptions for up to five years, affecting rural local governments and residents covered by waivers. It excludes residents under low‑population or high‑elevation waivers from a jurisdiction's procurement count, exempts bear‑proof bins from lid‑color rules, and makes bear‑bin purchases eligible for state grants. The bill also directs the department to study carbon‑farming incentives and ways to boost local edible‑food recovery (including animal‑feed uses), share financing options to cut landfill methane, and change required local plan reviews from every two years to every four.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills, as provided. The departments organic waste regulations provide different organic waste procurement targets for local jurisdictions based on population and provide waivers and exemptions from collection and procurement requirements for rural, low-population, and high-elevation jurisdictions. Existing law provides that the exemption for rural jurisdictions is valid until December 31, 2026, as specified. The departments organic waste regulations establish collection bin lid color requirements for waste collection services to identify the types of waste to be placed into a collection bin.
This bill would extend the rural jurisdiction exemption until January 1, 2037, except as provided, and would require the department to adopt regulations to establish a process to renew the exemption after that date for periods of up to 5 years. The bill would require the department to exclude residents included in department-issued low population or elevation waivers from the population in determining a local jurisdictions organic waste procurement target. The bill would exempt bear bins from the collection bin lid color requirements.
(2)Existing law requires the department, in consultation with the state board, to analyze the progress made in achieving the reduction targets for the amounts of organic waste disposed of in landfills and authorizes the department to provide incentives to facilitate progress toward the reduction targets, as provided.
This bill would require the departments organic waste regulations to evaluate ways to incentivize carbon farming, and would require the department to evaluate ways to maximize the local benefits of edible food recovery programs and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
This bill would authorize the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of landfill and composting operations that may be a potential source of methane emissions about financing that may fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(3)Existing law requires at least once every 2 years, the department to review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with requirements for the diversion of solid waste from landfills by source reduction, recycling, and composting.
This bill would instead require that review at least once every 4 years.
(4)Existing law requires the department, upon appropriation, to administer a grant program to provide financial assistance to promote the in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Existing law identifies the types of projects that are eligible infrastructure projects for purposes of the program.
This bill would make the deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste an eligible infrastructure project.
(5)This bill would incorporate additional changes to Section 42652.5 of the Public Resources Code proposed by AB 2346 and AB 2514 to be operative only if this bill and any or all of the other bills are enacted and this bill is enacted last.
(6)This bill would incorporate additional changes to Section 42999 of the Public Resources Code proposed by AB 2311 to be operative only if this bill and AB 2311 are enacted and this bill is enacted last.
(1)Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills, as provided. The departments organic waste regulations provide different organic waste procurement targets for local jurisdictions based on population and provide waivers and exemptions from collection and procurement requirements for rural, low-population, and high-elevation jurisdictions. Existing law provides that the exemption for rural jurisdictions is valid until December 31, 2026, as specified. The departments organic waste regulations establish collection bin lid color requirements for waste collection services to identify the types of waste to be placed into a collection bin.
This bill would extend the rural jurisdiction exemption until January 1, 2037, except as provided, and would require the department to adopt regulations to establish a process to renew the exemption after that date for periods of up to 5 years. The bill would require the department to exclude residents included in department-issued low population or elevation waivers from the population in determining a local jurisdictions organic waste procurement target. The bill would exempt bear bins from the collection bin lid color requirements.
(2)Existing law requires the department, in consultation with the state board, to analyze the progress made in achieving the reduction targets for the amounts of organic waste disposed of in landfills and authorizes the department to provide incentives to facilitate progress toward the reduction targets, as provided.
This bill would require the departments organic waste regulations to evaluate ways to incentivize carbon farming, and would require the department to evaluate ways to maximize the local benefits of edible food recovery programs and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
This bill would authorize the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of landfill and composting operations that may be a potential source of methane emissions about financing that may fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(3)Existing law requires at least once every 2 years, the department to review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with requirements for the diversion of solid waste from landfills by source reduction, recycling, and composting.
This bill would instead require that review at least once every 4 years.
(4)Existing law requires the department, upon appropriation, to administer a grant program to provide financial assistance to promote the in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Existing law identifies the types of projects that are eligible infrastructure projects for purposes of the program.
This bill would make the deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste an eligible infrastructure project.
(5)This bill would incorporate additional changes to Section 42652.5 of the Public Resources Code proposed by AB 2346 and AB 2514 to be operative only if this bill and any or all of the other bills are enacted and this bill is enacted last.
(6)This bill would incorporate additional changes to Section 42999 of the Public Resources Code proposed by AB 2311 to be operative only if this bill and AB 2311 are enacted and this bill is enacted last.
(1)Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills, as provided. The departments organic waste regulations provide different organic waste procurement targets for local jurisdictions based on population and provide waivers and exemptions from collection and procurement requirements for rural, low-population, and high-elevation jurisdictions. Existing law provides that the exemption for rural jurisdictions is valid until December 31, 2026, as specified. The departments organic waste regulations establish collection bin lid color requirements for waste collection services to identify the types of waste to be placed into a collection bin.
This bill would extend the rural jurisdiction exemption until January 1, 2037, except as provided, and would require the department to adopt regulations to establish a process to renew the exemption after that date for periods of up to 5 years. The bill would require the department to exclude residents included in department-issued low population or elevation waivers from the population in determining a local jurisdictions organic waste procurement target. The bill would exempt bear bins from the collection bin lid color requirements.
(2)Existing law requires the department, in consultation with the state board, to analyze the progress made in achieving the reduction targets for the amounts of organic waste disposed of in landfills and authorizes the department to provide incentives to facilitate progress toward the reduction targets, as provided.
This bill would require the departments organic waste regulations to evaluate ways to incentivize carbon farming, and would require the department to evaluate ways to maximize the local benefits of edible food recovery programs and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
This bill would authorize the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of landfill and composting operations that may be a potential source of methane emissions about financing that may fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(3)Existing law requires at least once every 2 years, the department to review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with requirements for the diversion of solid waste from landfills by source reduction, recycling, and composting.
This bill would instead require that review at least once every 4 years.
(4)Existing law requires the department, upon appropriation, to administer a grant program to provide financial assistance to promote the in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Existing law specifies eligible infrastructure projects for purposes of the program.
This bill would make the deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste an eligible infrastructure project.
(5)This bill would incorporate additional changes to Section 42652.5 of the Public Resources Code proposed by AB 2346 and AB 2514 to be operative only if this bill and any or all of the other bills are enacted and this bill is enacted last.
(5)(6)This bill would incorporate additional changes to Section 42999 of the Public Resources Code proposed by AB 2311 to be operative only if this bill and AB 2311 are enacted and this bill is enacted last.
(1)Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills, as provided. The departments organic waste regulations provide different organic waste procurement targets for local jurisdictions based on population and provide waivers and exemptions from collection and procurement requirements for rural, low-population, and high-elevation jurisdictions. Existing law provides that the exemption for rural jurisdictions is valid until December 31, 2026, as specified. The departments organic waste regulations establish collection bin lid color requirements for waste collection services to identify the types of waste to be placed into a collection bin.
This bill would extend the rural jurisdiction exemption until January 1, 2037, except as provided, and would require the department to adopt regulations to establish a process to renew the exemption after that date for periods of up to 10 years. The bill would require, commencing January 1, 2027, those jurisdictions to take specific actions to help reduce, divert, or recycle organic waste. 5 years. The bill would require the department to exclude residents included in department-issued low population or elevation waivers from the population in determining a local jurisdictions organic waste procurement target. The bill would require a jurisdiction that no longer qualifies for a rural exemption due to an increase in population to have 3 years from the date of that population increase to comply with the organic waste collection services and procurement requirements, as specified. The bill also would authorize nonexempt counties that generate less than 200,000 tons of solid waste annually to request the departments approval of a different organic waste diversion and recycling program, as provided. The bill would exempt bear bins from the collection bin lid color requirements.
(2)Existing law requires the department, in consultation with the state board, to analyze the progress made in achieving the reduction targets for the amounts of organic waste disposed of in landfills and authorizes the department to provide incentives to facilitate progress toward the reduction targets, as provided.
This bill would require the departments organic waste regulations to evaluate ways to incentivize carbon farming, and would require the department to develop training and technical assistance materials to assist local governments in expanding community composting operations, to create a model ordinance and franchise provisions that exempt small-scale community composting operations from specific regulatory and exclusivity provisions, and to evaluate ways to maximize the local benefits of edible food recovery programs and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
This bill would authorize the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of landfill and composting operations that may be a potential source of methane emissions about financing that may fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(3)Existing law requires at least once every 2 years, the department to review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with requirements for the diversion of solid waste from landfills by source reduction, recycling, and composting.
This bill would instead require that review at least once every 4 years.
(4)Existing law requires the department, upon appropriation, to administer a grant program to provide financial assistance to promote the in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Existing law specifies eligible infrastructure projects for purposes of the program.
This bill would make the deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste an eligible infrastructure project.
(5)This bill would incorporate additional changes to Section 42999 of the Public Resources Code proposed by AB 2311 to be operative only if this bill and AB 2311 are enacted and this bill is enacted last.
(1)Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills, as provided. The departments organic waste regulations provide different organic waste procurement targets for local jurisdictions based on population and provide waivers and exemptions from collection and procurement requirements for rural, low-population, and high-elevation jurisdictions. Existing law provides that the exemption for rural jurisdictions is valid until December 31, 2026, as specified. The departments organic waste regulations establish collection bin lid color requirements for waste collection services to identify the types of waste to be placed into a collection bin.
This bill would extend the rural jurisdiction exemption until January 1, 2037, except as provided, and would require the department to adopt regulations to establish a process to renew the exemption after that date for periods of up to 10 years. The bill would require, commencing January 1, 2027, those jurisdictions to take specific actions to help reduce, divert, or recycle organic waste. The bill would require the department to exclude residents included in department-issued low population or elevation waivers from the population in determining a local jurisdictions organic waste procurement target. The bill would require a jurisdiction that no longer qualifies for a rural exemption due to an increase in population to have 3 years from the date of that population increase to comply with the organic waste collection services and procurement requirements, as specified. The bill also would authorize nonexempt counties that generate less than 200,000 tons of solid waste annually to request the departments approval of a different organic waste diversion and recycling program. The bill would authorize a nonexempt jurisdiction to request a waiver from the department from a requirement to separate and recover food waste and food-soiled paper if there are significant public safety issues associated with food waste collection as a result of local bear populations, as provided. program, as provided. The bill would exempt bear bins from the collection bin lid color requirements.
(2)Existing law requires the department, in consultation with the state board, to analyze the progress made in achieving the reduction targets for the amounts of organic waste disposed of in landfills and authorizes the department to provide incentives to facilitate progress toward the reduction targets, as provided.
This bill would require the departments organic waste regulations to evaluate ways to incentivize carbon farming, and would require the department to develop training and technical assistance materials to assist local governments in expanding community composting operations, to create a model ordinance and franchise provisions that exempt small-scale community composting operations from specific regulatory and exclusivity provisions, and to evaluate ways to maximize the local benefits of edible food recovery programs and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
This bill would authorize the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of landfill and composting operations that may be a potential source of methane emissions about financing that may fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(1)Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce the statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills, as provided. The departments organic waste regulations provide different organic waste procurement targets for local jurisdictions based on population and provide waivers and exemptions from collection and procurement requirements for rural, low-population, and high-elevation jurisdictions. Existing law provides that the exemption for rural jurisdictions is valid until December 31, 2026, as specified.
This bill would extend the rural jurisdiction exemption indefinitely, until January 1, 2037, except as provided, and would require the department to adopt regulations to establish a process to renew the exemption after that date for periods of up to 10 years. The bill would require, commencing January 1, 2027, those jurisdictions to take specific actions to help reduce, divert, or recycle organic waste. The bill would require the department to exclude residents included in department-issued low population or elevation waivers from the population in determining a local jurisdictions organic waste procurement target. The bill would require a jurisdiction that no longer qualifies for a rural exemption due to an increase in population to have 3 years from the date of that population increase to comply with the organic waste collection services and procurement requirements, as specified. The bill also would authorize nonexempt counties that generate less than 200,000 tons of solid waste annually to request the departments approval of a different organic waste diversion and recycling program. The bill would authorize a nonexempt jurisdiction to request a waiver from the department from a requirement to separate and recover food waste and food-soiled paper if there are significant public safety issues associated with food waste collection as a result of local bear populations, as provided.
(2)Existing law requires the department, in consultation with the state board, to analyze the progress made in achieving the reduction targets for the amounts of organic waste disposed of in landfills and authorizes the department to provide incentives to facilitate progress toward the reduction targets, as provided.
This bill would require the departments organic waste regulations to evaluate ways to incentivize carbon farming, and would require the department to develop training and technical assistance materials to assist local governments in expanding community composting operations, to create a model ordinance and franchise provisions that exempt small-scale community composting operations from specific regulatory and exclusivity provisions, and to evaluate ways to incentivize local carbon farming efforts, maximize the local benefits of edible food recovery programs, programs and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
This bill would authorize the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of landfill and composting operations that may be a potential source of methane emissions about financing that may fund facility improvements to increase the capture capture, or reduce the escape escape, of methane emissions.
(1)Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce the statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills, as provided. The departments organic waste regulations provide different organic waste procurement targets for local jurisdictions based on population and provide waivers and exemptions from collection and procurement requirements for rural, low-population, and high-elevation jurisdictions. Existing law provides that the exemption for rural jurisdictions is valid until December 31, 2026, as specified.
This bill would extend the rural jurisdiction exemption indefinitely, except as provided, and would require, commencing January 1, 2027, those jurisdictions to take specific actions to help reduce, divert, or recycle organic waste. The bill would require the department to exclude residents included in department-issued low population or elevation waivers from the population in determining a local jurisdictions organic waste procurement target. The bill would require a jurisdiction that no longer qualifies for a rural exemption due to an increase in population to have 3 years from the date of that population increase to comply with the organic waste collection services and procurement requirements, as specified. The bill also would authorize nonexempt counties that generate less than 200,000 tons of solid waste annually to request the departments approval of a different organic waste diversion and recycling program. The bill would authorize a nonexempt jurisdiction to request a waiver from the department from a requirement to separate and recover food waste and food-soiled paper if there are significant public safety issues associated with food waste collection as a result of local bear populations, as provided.
(2)Existing law requires the department, in consultation with the state board, to analyze the progress made in achieving the reduction targets for the amounts of organic waste disposed of in landfills and authorizes the department to provide incentives to facilitate progress toward the reduction targets, as provided.
This bill would require the department to develop training and technical assistance materials to assist local governments in expanding community composting operations, to create a model ordinance and franchise provisions that exempt small-scale community composting operations from specific regulatory and exclusivity provisions, and to evaluate ways to incentivize local carbon farming efforts, maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
This bill would authorize the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of landfill and composting operations that may be a potential source of methane emissions about financing that may fund facility improvements to increase the capture or reduce the escape of methane emissions.
(a)At least once every four years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.
(b)In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.
(c)(1)Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.
(2)The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:
(A)The proposed basis for issuing an order of compliance.
(B)The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.
(C)The proposed recommendations to the department.
(3)The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.
(d)(1)If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.
(2)The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.
(3)In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:
(A)Whether an exceptional growth rate may have affected compliance.
(B)Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.
(e)For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:
(1)For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.
(2)For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.
(3)In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.
(4)The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:
(A)Natural disasters.
(B)Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.
(C)Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.
(D)The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.
(E)The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.
(F)The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.
(G)Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.
(H)The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.
(I)Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling is required to be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.
(5)In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.
SEC. 2.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(i)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(j)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 2.1.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)A local jurisdiction may be credited for the procurement of recovered organic waste products without executing a direct service provider agreement with end users of recovered organic waste products if all of the following conditions are met:
(1)The use of the recovered organic waste product by any entity is a result of the jurisdictions adoption or enforcement of ordinances, regulations, resolutions, or policies.
(2)The jurisdiction complied with all other recordkeeping and reporting requirements related to procurement targets, including verification, as determined by the department, that an entity is procuring on behalf of the jurisdiction.
(3)The recovered organic waste product is not applied to the recovered organic waste product procurement target of another jurisdiction.
(i)(1)A local jurisdiction may count compost produced and procured from the following compost operations, as described in Section 17852 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, towards its recovered organic waste procurement target:
(A)Vermicomposting operations.
(B)Operations composting green material, agricultural material, food material, and vegetative food material, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet.
(C)Mushroom compost. Mushroom compost means the composted growing substrate that remains after a crop has been harvested to completion.
(2)Paragraph (1) applies if a local jurisdiction adopts an ordinance or other enforceable mechanism requiring compost and vermicompost procured by the jurisdiction to comply with this subdivision and to be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(j)A local jurisdiction may count up to 10 percent of its recovered organic waste product procurement target with both of the following recovered organic waste products:
(1)Mulch produced from tree trimming operations conducted by the jurisdiction or a service provider operating under contract to the jurisdiction when applied to landscape areas owned or managed by the jurisdiction or given away to residents, if the local jurisdiction does both of the following:
(A)The local jurisdiction provides documentation of the amount of mulch used and distributed, and where it was applied.
(B)The local jurisdiction adopts an ordinance or other enforceable mechanism requiring that mulch be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(2)Edible food recovered in compliance with Section 18991.1 of Title 14 of the California Code of Regulations generated from a commercial food generator located within the jurisdiction. The conversion factor to be used to convert tonnage in the annual recovered organic waste product procurement target for each jurisdiction to equivalent amounts of recovered organic waste product shall be one ton of edible food for each ton of organic waste in a recovered organic waste product procurement target.
(3)Nothing in this paragraph shall be construed to limit the proportion of recovered organic waste products described in subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, that a jurisdiction can count toward its recovered organic waste procurement target.
(k)To count recovered organic waste products listed in subdivisions (i) and (j) toward its recovered organic waste product procurement target, a local jurisdiction shall comply with applicable regulations.
(l)(1)Subject to paragraph (2), and until December 31, 2035, the following direct expenditures by a local jurisdiction may count towards its recovered organic waste product procurement target:
(A)Investments for community composting operations serving the jurisdiction, including, but not limited to, an investment made to establish or expand a compostable materials handling operation or community composting operation.
(B)Equipment that is used only to apply compost or mulch, including, and limited to, compost spreaders, drag harrows, chippers, stump grinders, and blowers, if the jurisdiction uses the equipment to spread compost or mulch in compliance with procurement requirements during the same year that the purchase expense is applied toward its recovered organic waste product procurement target.
(C)Development of compost or mulch distribution sites to make free compost and mulch accessible and available to residents.
(2)(A)The department may determine, in regulations, the appropriate conversion factors for the direct expenditures in paragraph (1). The expenditures may count for up to 10 percent of a jurisdictions total procurement target.
(B)Prior to the departments adoption of regulations to implement this section, the conversion factor shall be twenty-one dollars and thirty-eight cents ($21.38) for each ton of organic waste in a product procurement target.
(m)(1)One or more local jurisdictions within the same county may determine a local per capita procurement target using information from a local waste characterization study for a period not to exceed five years after the completion of the study. A waste characterization study shall be performed by the local jurisdiction or jurisdictions, which shall apply the results of a study to the total amount of landfill disposal attributed to the local jurisdiction or jurisdictions by the departments Recycling and Disposal Reporting System.
(2)A waste characterization study may be used if it meets all of the following criteria:
(A)It was performed within the prior five years. This subparagraph does not require a jurisdiction to conduct a local waste characterization study within a specified five-year cycle or to wait for a recalculation of the annual recovered organic waste product procurement target pursuant to subdivision (b) of Section 18993.1 of Title 14 of the California Code of Regulations.
(B)It includes all categories of organic waste used in the departments most recent waste characterization study that was available at the time the waste characterization local study was performed.
(C)It includes a statistically significant sampling of solid waste disposed by the local jurisdiction or jurisdictions for which the local per capita procurement target will be determined.
(D)The geographic boundaries within which the study is conducted shall match the geographic boundaries of the jurisdiction or jurisdictions the local per capita procurement target will be applied to.
(E)It uses the most recent formula for the per capita procurement target developed by the department.
(F)The results of the study are submitted to the department in a form and manner determined by the department.
(3)The department may establish in regulations criteria for approving the methodology of a local waste characterization study.
(n)Commencing January 1, 2027, a local jurisdiction may procure a quantity of recovered organic waste products that meets or exceeds a five-year recovered organic waste product procurement target if the following conditions are met:
(1)On or before January 1, 2027, and on or before January 1 every five years thereafter, the jurisdictions five-year recovered organic waste procurement requirement target is calculated by multiplying the annual procurement target by five. The department may grant a jurisdiction approval to begin the five-year period on any January 1 after January 1, 2027.
(2)On or before January 1, 2027, the jurisdiction has notified the department that it intends to comply using a five-year target.
(o)In adopting and revising regulations to implement this section, the department may consider both of the following:
(1)The development and adoption of a conversion factor for one ton of organic waste and one ton of compost applied locally to count towards a local jurisdictions organic waste procurement target.
(2)Other pathways to prioritize local use of compost.
(p)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(q)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(r)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 2.2.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed of compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(12)No later than January 1, 2026, the department shall amend subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations to include in the recovered organic waste products that a jurisdiction may procure to comply with Article 12 (commencing with Section 18993.1) of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations pipeline biomethane converted exclusively from organic waste, as defined and described in Article 10 (commencing with Section 650) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code.
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(i)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(j)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 2.3.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed of compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(12)No later than January 1, 2026, the department shall amend subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations to include in the recovered organic waste products that a jurisdiction may procure to comply with Article 12 (commencing with Section 18993.1) of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations pipeline biomethane converted exclusively from organic waste, as defined and described in Article 10 (commencing with Section 650) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code.
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)A local jurisdiction may be credited for the procurement of recovered organic waste products without executing a direct service provider agreement with end users of recovered organic waste products if all of the following conditions are met:
(1)The use of the recovered organic waste product by any entity is a result of the jurisdictions adoption or enforcement of ordinances, regulations, resolutions, or policies.
(2)The jurisdiction complied with all other recordkeeping and reporting requirements related to procurement targets, including verification, as determined by the department, that an entity is procuring on behalf of the jurisdiction.
(3)The recovered organic waste product is not applied to the recovered organic waste product procurement target of another jurisdiction.
(i)(1)A local jurisdiction may count compost produced and procured from the following compost operations, as described in Section 17852 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, towards its recovered organic waste procurement target:
(A)Vermicomposting operations.
(B)Operations composting green material, agricultural material, food material, and vegetative food material, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet.
(C)Mushroom compost. Mushroom compost means the composted growing substrate that remains after a crop has been harvested to completion.
(2)Paragraph (1) applies if a local jurisdiction adopts an ordinance or other enforceable mechanism requiring compost and vermicompost procured by the jurisdiction to comply with this subdivision and to be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(j)A local jurisdiction may count up to 10 percent of its recovered organic waste product procurement target with both of the following recovered organic waste products:
(1)Mulch produced from tree trimming operations conducted by the jurisdiction or a service provider operating under contract to the jurisdiction when applied to landscape areas owned or managed by the jurisdiction or given away to residents, if the local jurisdiction does both of the following:
(A)The local jurisdiction provides documentation of the amount of mulch used and distributed, and where it was applied.
(B)The local jurisdiction adopts an ordinance or other enforceable mechanism requiring that mulch be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(2)Edible food recovered in compliance with Section 18991.1 of Title 14 of the California Code of Regulations generated from a commercial food generator located within the jurisdiction. The conversion factor to be used to convert tonnage in the annual recovered organic waste product procurement target for each jurisdiction to equivalent amounts of recovered organic waste product shall be one ton of edible food for each ton of organic waste in a recovered organic waste product procurement target.
(3)Nothing in this paragraph shall be construed to limit the proportion of recovered organic waste products described in subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, that a jurisdiction can count toward its recovered organic waste procurement target.
(k)To count recovered organic waste products listed in subdivisions (i) and (j) toward its recovered organic waste product procurement target, a local jurisdiction shall comply with applicable regulations.
(l)(1)Subject to paragraph (2), and until December 31, 2035, the following direct expenditures by a local jurisdiction may count towards its recovered organic waste product procurement target:
(A)Investments for community composting operations serving the jurisdiction, including, but not limited to, an investment made to establish or expand a compostable materials handling operation or community composting operation.
(B)Equipment that is used only to apply compost or mulch, including, and limited to, compost spreaders, drag harrows, chippers, stump grinders, and blowers, if the jurisdiction uses the equipment to spread compost or mulch in compliance with procurement requirements during the same year that the purchase expense is applied toward its recovered organic waste product procurement target.
(C)Development of compost or mulch distribution sites to make free compost and mulch accessible and available to residents.
(2)(A)The department may determine, in regulations, the appropriate conversion factors for the direct expenditures in paragraph (1). The expenditures may count for up to 10 percent of a jurisdictions total procurement target.
(B)Prior to the departments adoption of regulations to implement this section, the conversion factor shall be twenty-one dollars and thirty-eight cents ($21.38) for each ton of organic waste in a product procurement target.
(m)(1)One or more local jurisdictions within the same county may determine a local per capita procurement target using information from a local waste characterization study for a period not to exceed five years after the completion of the study. A waste characterization study shall be performed by the local jurisdiction or jurisdictions, which shall apply the results of a study to the total amount of landfill disposal attributed to the local jurisdiction or jurisdictions by the departments Recycling and Disposal Reporting System.
(2)A waste characterization study may be used if it meets all of the following criteria:
(A)It was performed within the prior five years. This subparagraph does not require a jurisdiction to conduct a local waste characterization study within a specified five-year cycle or to wait for a recalculation of the annual recovered organic waste product procurement target pursuant to subdivision (b) of Section 18993.1 of Title 14 of the California Code of Regulations.
(B)It includes all categories of organic waste used in the departments most recent waste characterization study that was available at the time the waste characterization local study was performed.
(C)It includes a statistically significant sampling of solid waste disposed by the local jurisdiction or jurisdictions for which the local per capita procurement target will be determined.
(D)The geographic boundaries within which the study is conducted shall match the geographic boundaries of the jurisdiction or jurisdictions the local per capita procurement target will be applied to.
(E)It uses the most recent formula for the per capita procurement target developed by the department.
(F)The results of the study are submitted to the department in a form and manner determined by the department.
(3)The department may establish in regulations criteria for approving the methodology of a local waste characterization study.
(n)Commencing January 1, 2027, a local jurisdiction may procure a quantity of recovered organic waste products that meets or exceeds a five-year recovered organic waste product procurement target if the following conditions are met:
(1)On or before January 1, 2027, and on or before January 1 every five years thereafter, the jurisdictions five-year recovered organic waste procurement requirement target is calculated by multiplying the annual procurement target by five. The department may grant a jurisdiction approval to begin the five-year period on any January 1 after January 1, 2027.
(2)On or before January 1, 2027, the jurisdiction has notified the department that it intends to comply using a five-year target.
(o)In adopting and revising regulations to implement this section, the department may consider both of the following:
(1)The development and adoption of a conversion factor for one ton of organic waste and one ton of compost applied locally to count towards a local jurisdictions organic waste procurement target.
(2)Other pathways to prioritize local use of compost.
(p)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(q)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(r)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 3.Section 42999 of the Public Resources Code is amended to read:42999.(a)The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.
(b)Eligible financial assistance shall be provided for any of the following:
(1)Organics composting.
(2)Organics in-vessel digestion.
(3)Recyclable material manufacturing.
(4)Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention.
(5)Preprocessing organic materials for composting or organics in-vessel digestion.
(6)Codigestion at existing wastewater treatment plants.
(7)Increasing opportunities for reuse of materials diverted from landfill disposal.
(8)Recyclable material recovery, sorting, or bailing equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions.
(c)For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following:
(1)Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.
(2)Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite, bioenergy, and soil amendments.
(3)Designing and constructing or expanding facilities for processing recyclable materials.
(4)Projects to improve the quality of recycled materials.
(5)Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs.
(6)Purchase of equipment and construction of facilities to help develop, implement, or expand edible food waste recovery operations.
(7)Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public.
(8)Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
(d)In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following:
(1)The amount of reductions of emissions of greenhouse gases that may result from the project.
(2)The amount of organic material that may be diverted from landfills as a result of the project.
(3)If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code.
(4)For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels.
(5)Project readiness and permitting that the project may require.
(6)Air and water quality benefits that the project may provide.
(e)To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.
SEC. 3.1.Section 42999 of the Public Resources Code is amended to read:42999.(a)The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.
(b)Eligible financial assistance shall be provided for any of the following:
(1)Organics composting.
(2)Organics in-vessel digestion.
(3)Recyclable material manufacturing.
(4)Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention.
(5)Preprocessing organic materials for composting or organics in-vessel digestion.
(6)Codigestion at existing wastewater treatment plants.
(7)Increasing opportunities for reuse of materials diverted from landfill disposal.
(8)Recyclable material recovery, sorting, or bailing equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions.
(9)Recovery of edible food, including, but not limited to, the transportation of recovered edible food, and the purchase or subscription to technology or software that improves the efficiency and tracking of edible food recovery.
(c)For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following:
(1)Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.
(2)Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite, bioenergy, and soil amendments.
(3)Designing and constructing or expanding facilities for processing recyclable materials.
(4)Projects to improve the quality of recycled materials.
(5)Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs.
(6)Purchase of equipment and construction or expansion of facilities to help develop, implement, or expand edible food waste recovery operations.
(7)Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public.
(8)Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
(d)In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following:
(1)The amount of reductions of emissions of greenhouse gases that may result from the project.
(2)The amount of organic material that may be diverted from landfills as a result of the project.
(3)If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code.
(4)For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels.
(5)Project readiness and permitting that the project may require.
(6)Air and water quality benefits that the project may provide.
(e)In awarding a grant for edible food recovery pursuant to this section, the department shall consider the increased amount of edible food recovery capacity that the project will create.
(f)To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.
SEC. 4.(a)Section 2.1 of this bill incorporates amendments to Section 42652.5 of the Public Resources Code proposed by both this bill and Assembly Bill 2346. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42652.5 of the Public Resources Code, (3) Assembly Bill 2514 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2346, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 42652.5 of the Public Resources Code proposed by both this bill and Assembly Bill 2514. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42652.5 of the Public Resources Code, (3) Assembly Bill 2346 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2514 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 42652.5 of the Public Resources Code proposed by this bill, Assembly Bill 2346, and Assembly Bill 2514. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 42652.5 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2346 and Assembly Bill 2514, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 5.Section 3.1 of this bill incorporates amendments to Section 42999 of the Public Resources Code proposed by both this bill and Assembly Bill 2311. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42999 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2311, in which case Section 3 of this bill shall not become operative.
(a)At least once every four years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.
(b)In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.
(c)(1)Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.
(2)The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:
(A)The proposed basis for issuing an order of compliance.
(B)The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.
(C)The proposed recommendations to the department.
(3)The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.
(d)(1)If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.
(2)The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.
(3)In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:
(A)Whether an exceptional growth rate may have affected compliance.
(B)Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.
(e)For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:
(1)For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.
(2)For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.
(3)In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.
(4)The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:
(A)Natural disasters.
(B)Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.
(C)Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.
(D)The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.
(E)The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.
(F)The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.
(G)Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.
(H)The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.
(I)Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling is required to be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.
(5)In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.
SEC. 2.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(i)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(j)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 2.1.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)A local jurisdiction may be credited for the procurement of recovered organic waste products without executing a direct service provider agreement with end users of recovered organic waste products if all of the following conditions are met:
(1)The use of the recovered organic waste product by any entity is a result of the jurisdictions adoption or enforcement of ordinances, regulations, resolutions, or policies.
(2)The jurisdiction complied with all other recordkeeping and reporting requirements related to procurement targets, including verification, as determined by the department, that an entity is procuring on behalf of the jurisdiction.
(3)The recovered organic waste product is not applied to the recovered organic waste product procurement target of another jurisdiction.
(i)(1)A local jurisdiction may count compost produced and procured from the following compost operations, as described in Section 17852 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, towards its recovered organic waste procurement target:
(A)Vermicomposting operations.
(B)Operations composting green material, agricultural material, food material, and vegetative food material, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet.
(C)Mushroom compost. Mushroom compost means the composted growing substrate that remains after a crop has been harvested to completion.
(2)Paragraph (1) applies if a local jurisdiction adopts an ordinance or other enforceable mechanism requiring compost and vermicompost procured by the jurisdiction to comply with this subdivision and to be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(j)A local jurisdiction may count up to 10 percent of its recovered organic waste product procurement target with both of the following recovered organic waste products:
(1)Mulch produced from tree trimming operations conducted by the jurisdiction or a service provider operating under contract to the jurisdiction when applied to landscape areas owned or managed by the jurisdiction or given away to residents, if the local jurisdiction does both of the following:
(A)The local jurisdiction provides documentation of the amount of mulch used and distributed, and where it was applied.
(B)The local jurisdiction adopts an ordinance or other enforceable mechanism requiring that mulch be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(2)Edible food recovered in compliance with Section 18991.1 of Title 14 of the California Code of Regulations generated from a commercial food generator located within the jurisdiction. The conversion factor to be used to convert tonnage in the annual recovered organic waste product procurement target for each jurisdiction to equivalent amounts of recovered organic waste product shall be one ton of edible food for each ton of organic waste in a recovered organic waste product procurement target.
(3)Nothing in this paragraph shall be construed to limit the proportion of recovered organic waste products described in subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, that a jurisdiction can count toward its recovered organic waste procurement target.
(k)To count recovered organic waste products listed in subdivisions (i) and (j) toward its recovered organic waste product procurement target, a local jurisdiction shall comply with applicable regulations.
(l)(1)Subject to paragraph (2), and until December 31, 2035, the following direct expenditures by a local jurisdiction may count towards its recovered organic waste product procurement target:
(A)Investments for community composting operations serving the jurisdiction, including, but not limited to, an investment made to establish or expand a compostable materials handling operation or community composting operation.
(B)Equipment that is used only to apply compost or mulch, including, and limited to, compost spreaders, drag harrows, chippers, stump grinders, and blowers, if the jurisdiction uses the equipment to spread compost or mulch in compliance with procurement requirements during the same year that the purchase expense is applied toward its recovered organic waste product procurement target.
(C)Development of compost or mulch distribution sites to make free compost and mulch accessible and available to residents.
(2)(A)The department may determine, in regulations, the appropriate conversion factors for the direct expenditures in paragraph (1). The expenditures may count for up to 10 percent of a jurisdictions total procurement target.
(B)Prior to the departments adoption of regulations to implement this section, the conversion factor shall be twenty-one dollars and thirty-eight cents ($21.38) for each ton of organic waste in a product procurement target.
(m)(1)One or more local jurisdictions within the same county may determine a local per capita procurement target using information from a local waste characterization study for a period not to exceed five years after the completion of the study. A waste characterization study shall be performed by the local jurisdiction or jurisdictions, which shall apply the results of a study to the total amount of landfill disposal attributed to the local jurisdiction or jurisdictions by the departments Recycling and Disposal Reporting System.
(2)A waste characterization study may be used if it meets all of the following criteria:
(A)It was performed within the prior five years. This subparagraph does not require a jurisdiction to conduct a local waste characterization study within a specified five-year cycle or to wait for a recalculation of the annual recovered organic waste product procurement target pursuant to subdivision (b) of Section 18993.1 of Title 14 of the California Code of Regulations.
(B)It includes all categories of organic waste used in the departments most recent waste characterization study that was available at the time the waste characterization local study was performed.
(C)It includes a statistically significant sampling of solid waste disposed by the local jurisdiction or jurisdictions for which the local per capita procurement target will be determined.
(D)The geographic boundaries within which the study is conducted shall match the geographic boundaries of the jurisdiction or jurisdictions the local per capita procurement target will be applied to.
(E)It uses the most recent formula for the per capita procurement target developed by the department.
(F)The results of the study are submitted to the department in a form and manner determined by the department.
(3)The department may establish in regulations criteria for approving the methodology of a local waste characterization study.
(n)Commencing January 1, 2027, a local jurisdiction may procure a quantity of recovered organic waste products that meets or exceeds a five-year recovered organic waste product procurement target if the following conditions are met:
(1)On or before January 1, 2027, and on or before January 1 every five years thereafter, the jurisdictions five-year recovered organic waste procurement requirement target is calculated by multiplying the annual procurement target by five. The department may grant a jurisdiction approval to begin the five-year period on any January 1 after January 1, 2027.
(2)On or before January 1, 2027, the jurisdiction has notified the department that it intends to comply using a five-year target.
(o)In adopting and revising regulations to implement this section, the department may consider both of the following:
(1)The development and adoption of a conversion factor for one ton of organic waste and one ton of compost applied locally to count towards a local jurisdictions organic waste procurement target.
(2)Other pathways to prioritize local use of compost.
(p)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(q)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(r)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 2.2.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed of compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(12)No later than January 1, 2026, the department shall amend subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations to include in the recovered organic waste products that a jurisdiction may procure to comply with Article 12 (commencing with Section 18993.1) of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations pipeline biomethane converted exclusively from organic waste, as defined and described in Article 10 (commencing with Section 650) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code.
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(i)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(j)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 2.3.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed of compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(12)No later than January 1, 2026, the department shall amend subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations to include in the recovered organic waste products that a jurisdiction may procure to comply with Article 12 (commencing with Section 18993.1) of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations pipeline biomethane converted exclusively from organic waste, as defined and described in Article 10 (commencing with Section 650) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code.
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)A local jurisdiction may be credited for the procurement of recovered organic waste products without executing a direct service provider agreement with end users of recovered organic waste products if all of the following conditions are met:
(1)The use of the recovered organic waste product by any entity is a result of the jurisdictions adoption or enforcement of ordinances, regulations, resolutions, or policies.
(2)The jurisdiction complied with all other recordkeeping and reporting requirements related to procurement targets, including verification, as determined by the department, that an entity is procuring on behalf of the jurisdiction.
(3)The recovered organic waste product is not applied to the recovered organic waste product procurement target of another jurisdiction.
(i)(1)A local jurisdiction may count compost produced and procured from the following compost operations, as described in Section 17852 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, towards its recovered organic waste procurement target:
(A)Vermicomposting operations.
(B)Operations composting green material, agricultural material, food material, and vegetative food material, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet.
(C)Mushroom compost. Mushroom compost means the composted growing substrate that remains after a crop has been harvested to completion.
(2)Paragraph (1) applies if a local jurisdiction adopts an ordinance or other enforceable mechanism requiring compost and vermicompost procured by the jurisdiction to comply with this subdivision and to be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(j)A local jurisdiction may count up to 10 percent of its recovered organic waste product procurement target with both of the following recovered organic waste products:
(1)Mulch produced from tree trimming operations conducted by the jurisdiction or a service provider operating under contract to the jurisdiction when applied to landscape areas owned or managed by the jurisdiction or given away to residents, if the local jurisdiction does both of the following:
(A)The local jurisdiction provides documentation of the amount of mulch used and distributed, and where it was applied.
(B)The local jurisdiction adopts an ordinance or other enforceable mechanism requiring that mulch be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(2)Edible food recovered in compliance with Section 18991.1 of Title 14 of the California Code of Regulations generated from a commercial food generator located within the jurisdiction. The conversion factor to be used to convert tonnage in the annual recovered organic waste product procurement target for each jurisdiction to equivalent amounts of recovered organic waste product shall be one ton of edible food for each ton of organic waste in a recovered organic waste product procurement target.
(3)Nothing in this paragraph shall be construed to limit the proportion of recovered organic waste products described in subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, that a jurisdiction can count toward its recovered organic waste procurement target.
(k)To count recovered organic waste products listed in subdivisions (i) and (j) toward its recovered organic waste product procurement target, a local jurisdiction shall comply with applicable regulations.
(l)(1)Subject to paragraph (2), and until December 31, 2035, the following direct expenditures by a local jurisdiction may count towards its recovered organic waste product procurement target:
(A)Investments for community composting operations serving the jurisdiction, including, but not limited to, an investment made to establish or expand a compostable materials handling operation or community composting operation.
(B)Equipment that is used only to apply compost or mulch, including, and limited to, compost spreaders, drag harrows, chippers, stump grinders, and blowers, if the jurisdiction uses the equipment to spread compost or mulch in compliance with procurement requirements during the same year that the purchase expense is applied toward its recovered organic waste product procurement target.
(C)Development of compost or mulch distribution sites to make free compost and mulch accessible and available to residents.
(2)(A)The department may determine, in regulations, the appropriate conversion factors for the direct expenditures in paragraph (1). The expenditures may count for up to 10 percent of a jurisdictions total procurement target.
(B)Prior to the departments adoption of regulations to implement this section, the conversion factor shall be twenty-one dollars and thirty-eight cents ($21.38) for each ton of organic waste in a product procurement target.
(m)(1)One or more local jurisdictions within the same county may determine a local per capita procurement target using information from a local waste characterization study for a period not to exceed five years after the completion of the study. A waste characterization study shall be performed by the local jurisdiction or jurisdictions, which shall apply the results of a study to the total amount of landfill disposal attributed to the local jurisdiction or jurisdictions by the departments Recycling and Disposal Reporting System.
(2)A waste characterization study may be used if it meets all of the following criteria:
(A)It was performed within the prior five years. This subparagraph does not require a jurisdiction to conduct a local waste characterization study within a specified five-year cycle or to wait for a recalculation of the annual recovered organic waste product procurement target pursuant to subdivision (b) of Section 18993.1 of Title 14 of the California Code of Regulations.
(B)It includes all categories of organic waste used in the departments most recent waste characterization study that was available at the time the waste characterization local study was performed.
(C)It includes a statistically significant sampling of solid waste disposed by the local jurisdiction or jurisdictions for which the local per capita procurement target will be determined.
(D)The geographic boundaries within which the study is conducted shall match the geographic boundaries of the jurisdiction or jurisdictions the local per capita procurement target will be applied to.
(E)It uses the most recent formula for the per capita procurement target developed by the department.
(F)The results of the study are submitted to the department in a form and manner determined by the department.
(3)The department may establish in regulations criteria for approving the methodology of a local waste characterization study.
(n)Commencing January 1, 2027, a local jurisdiction may procure a quantity of recovered organic waste products that meets or exceeds a five-year recovered organic waste product procurement target if the following conditions are met:
(1)On or before January 1, 2027, and on or before January 1 every five years thereafter, the jurisdictions five-year recovered organic waste procurement requirement target is calculated by multiplying the annual procurement target by five. The department may grant a jurisdiction approval to begin the five-year period on any January 1 after January 1, 2027.
(2)On or before January 1, 2027, the jurisdiction has notified the department that it intends to comply using a five-year target.
(o)In adopting and revising regulations to implement this section, the department may consider both of the following:
(1)The development and adoption of a conversion factor for one ton of organic waste and one ton of compost applied locally to count towards a local jurisdictions organic waste procurement target.
(2)Other pathways to prioritize local use of compost.
(p)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(q)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(r)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 3.Section 42999 of the Public Resources Code is amended to read:42999.(a)The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.
(b)Eligible financial assistance shall be provided for any of the following:
(1)Organics composting.
(2)Organics in-vessel digestion.
(3)Recyclable material manufacturing.
(4)Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention.
(5)Preprocessing organic materials for composting or organics in-vessel digestion.
(6)Codigestion at existing wastewater treatment plants.
(7)Increasing opportunities for reuse of materials diverted from landfill disposal.
(8)Recyclable material recovery, sorting, or bailing equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions.
(c)For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following:
(1)Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.
(2)Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite, bioenergy, and soil amendments.
(3)Designing and constructing or expanding facilities for processing recyclable materials.
(4)Projects to improve the quality of recycled materials.
(5)Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs.
(6)Purchase of equipment and construction of facilities to help develop, implement, or expand edible food waste recovery operations.
(7)Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public.
(8)Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
(d)In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following:
(1)The amount of reductions of emissions of greenhouse gases that may result from the project.
(2)The amount of organic material that may be diverted from landfills as a result of the project.
(3)If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code.
(4)For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels.
(5)Project readiness and permitting that the project may require.
(6)Air and water quality benefits that the project may provide.
(e)To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.
SEC. 3.1.Section 42999 of the Public Resources Code is amended to read:42999.(a)The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.
(b)Eligible financial assistance shall be provided for any of the following:
(1)Organics composting.
(2)Organics in-vessel digestion.
(3)Recyclable material manufacturing.
(4)Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention.
(5)Preprocessing organic materials for composting or organics in-vessel digestion.
(6)Codigestion at existing wastewater treatment plants.
(7)Increasing opportunities for reuse of materials diverted from landfill disposal.
(8)Recyclable material recovery, sorting, or bailing equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions.
(9)Recovery of edible food, including, but not limited to, the transportation of recovered edible food, and the purchase or subscription to technology or software that improves the efficiency and tracking of edible food recovery.
(c)For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following:
(1)Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.
(2)Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite, bioenergy, and soil amendments.
(3)Designing and constructing or expanding facilities for processing recyclable materials.
(4)Projects to improve the quality of recycled materials.
(5)Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs.
(6)Purchase of equipment and construction or expansion of facilities to help develop, implement, or expand edible food waste recovery operations.
(7)Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public.
(8)Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
(d)In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following:
(1)The amount of reductions of emissions of greenhouse gases that may result from the project.
(2)The amount of organic material that may be diverted from landfills as a result of the project.
(3)If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code.
(4)For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels.
(5)Project readiness and permitting that the project may require.
(6)Air and water quality benefits that the project may provide.
(e)In awarding a grant for edible food recovery pursuant to this section, the department shall consider the increased amount of edible food recovery capacity that the project will create.
(f)To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.
SEC. 4.(a)Section 2.1 of this bill incorporates amendments to Section 42652.5 of the Public Resources Code proposed by both this bill and Assembly Bill 2346. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42652.5 of the Public Resources Code, (3) Assembly Bill 2514 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2346, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 42652.5 of the Public Resources Code proposed by both this bill and Assembly Bill 2514. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42652.5 of the Public Resources Code, (3) Assembly Bill 2346 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2514 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 42652.5 of the Public Resources Code proposed by this bill, Assembly Bill 2346, and Assembly Bill 2514. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 42652.5 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2346 and Assembly Bill 2514, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 5.Section 3.1 of this bill incorporates amendments to Section 42999 of the Public Resources Code proposed by both this bill and Assembly Bill 2311. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42999 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2311, in which case Section 3 of this bill shall not become operative.
(a)At least once every four years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.
(b)In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.
(c)(1)Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.
(2)The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:
(A)The proposed basis for issuing an order of compliance.
(B)The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.
(C)The proposed recommendations to the department.
(3)The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.
(d)(1)If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.
(2)The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.
(3)In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:
(A)Whether an exceptional growth rate may have affected compliance.
(B)Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.
(e)For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:
(1)For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.
(2)For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.
(3)In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.
(4)The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:
(A)Natural disasters.
(B)Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.
(C)Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.
(D)The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.
(E)The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.
(F)The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.
(G)Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.
(H)The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.
(I)Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling is required to be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.
(5)In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.
SEC. 2.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(i)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(j)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 2.1.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(4)(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(5)(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(6)(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(7)Jurisdictions(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2022, are exempt from the procurement requirement of this subdivision until December 31, 2026. Beginning January 1, 2027, the department may, in its discretion, provide rural counties and jurisdictions located within rural counties that are exempt from organic waste collection requirements an extended recovered organic waste product procurement target schedule similar to the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(8)(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (5) (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (5) (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)A local jurisdiction may be credited for the procurement of recovered organic waste products without executing a direct service provider agreement with end users of recovered organic waste products if all of the following conditions are met:
(1)The use of the recovered organic waste product by any entity is a result of the jurisdictions adoption or enforcement of ordinances, regulations, resolutions, or policies.
(2)The jurisdiction complied with all other recordkeeping and reporting requirements related to procurement targets, including verification, as determined by the department, that an entity is procuring on behalf of the jurisdiction.
(3)The recovered organic waste product is not applied to the recovered organic waste product procurement target of another jurisdiction.
(i)(1)A local jurisdiction may count compost produced and procured from the following compost operations, as described in Section 17852 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, towards its recovered organic waste procurement target:
(A)Vermicomposting operations.
(B)Operations composting green material, agricultural material, food material, and vegetative food material, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet.
(C)Mushroom compost. Mushroom compost means the composted growing substrate that remains after a crop has been harvested to completion.
(2)Paragraph (1) applies if a local jurisdiction adopts an ordinance or other enforceable mechanism requiring compost and vermicompost procured by the jurisdiction to comply with this subdivision and to be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(j)A local jurisdiction may count up to 10 percent of its recovered organic waste product procurement target with both of the following recovered organic waste products:
(1)Mulch produced from tree trimming operations conducted by the jurisdiction or a service provider operating under contract to the jurisdiction when applied to landscape areas owned or managed by the jurisdiction or given away to residents, if the local jurisdiction does both of the following:
(A)The local jurisdiction provides documentation of the amount of mulch used and distributed, and where it was applied.
(B)The local jurisdiction adopts an ordinance or other enforceable mechanism requiring that mulch be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(2)Edible food recovered in compliance with Section 18991.1 of Title 14 of the California Code of Regulations generated from a commercial food generator located within the jurisdiction. The conversion factor to be used to convert tonnage in the annual recovered organic waste product procurement target for each jurisdiction to equivalent amounts of recovered organic waste product shall be one ton of edible food for each ton of organic waste in a recovered organic waste product procurement target.
(3)Nothing in this paragraph shall be construed to limit the proportion of recovered organic waste products described in subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, that a jurisdiction can count toward its recovered organic waste procurement target.
(k)To count recovered organic waste products listed in subdivisions (i) and (j) toward its recovered organic waste product procurement target, a local jurisdiction shall comply with applicable regulations.
(l)(1)Subject to paragraph (2), and until December 31, 2035, the following direct expenditures by a local jurisdiction may count towards its recovered organic waste product procurement target:
(A)Investments for community composting operations serving the jurisdiction, including, but not limited to, an investment made to establish or expand a compostable materials handling operation or community composting operation.
(B)Equipment that is used only to apply compost or mulch, including, and limited to, compost spreaders, drag harrows, chippers, stump grinders, and blowers, if the jurisdiction uses the equipment to spread compost or mulch in compliance with procurement requirements during the same year that the purchase expense is applied toward its recovered organic waste product procurement target.
(C)Development of compost or mulch distribution sites to make free compost and mulch accessible and available to residents.
(2)(A)The department may determine, in regulations, the appropriate conversion factors for the direct expenditures in paragraph (1). The expenditures may count for up to 10 percent of a jurisdictions total procurement target.
(B)Prior to the departments adoption of regulations to implement this section, the conversion factor shall be twenty-one dollars and thirty-eight cents ($21.38) for each ton of organic waste in a product procurement target.
(m)(1)One or more local jurisdictions within the same county may determine a local per capita procurement target using information from a local waste characterization study for a period not to exceed five years after the completion of the study. A waste characterization study shall be performed by the local jurisdiction or jurisdictions, which shall apply the results of a study to the total amount of landfill disposal attributed to the local jurisdiction or jurisdictions by the departments Recycling and Disposal Reporting System.
(2)A waste characterization study may be used if it meets all of the following criteria:
(A)It was performed within the prior five years. This subparagraph does not require a jurisdiction to conduct a local waste characterization study within a specified five-year cycle or to wait for a recalculation of the annual recovered organic waste product procurement target pursuant to subdivision (b) of Section 18993.1 of Title 14 of the California Code of Regulations.
(B)It includes all categories of organic waste used in the departments most recent waste characterization study that was available at the time the waste characterization local study was performed.
(C)It includes a statistically significant sampling of solid waste disposed by the local jurisdiction or jurisdictions for which the local per capita procurement target will be determined.
(D)The geographic boundaries within which the study is conducted shall match the geographic boundaries of the jurisdiction or jurisdictions the local per capita procurement target will be applied to.
(E)It uses the most recent formula for the per capita procurement target developed by the department.
(F)The results of the study are submitted to the department in a form and manner determined by the department.
(3)The department may establish in regulations criteria for approving the methodology of a local waste characterization study.
(n)Commencing January 1, 2027, a local jurisdiction may procure a quantity of recovered organic waste products that meets or exceeds a five-year recovered organic waste product procurement target if the following conditions are met:
(1)On or before January 1, 2027, and on or before January 1 every five years thereafter, the jurisdictions five-year recovered organic waste procurement requirement target is calculated by multiplying the annual procurement target by five. The department may grant a jurisdiction approval to begin the five-year period on any January 1 after January 1, 2027.
(2)On or before January 1, 2027, the jurisdiction has notified the department that it intends to comply using a five-year target.
(o)In adopting and revising regulations to implement this section, the department may consider both of the following:
(1)The development and adoption of a conversion factor for one ton of organic waste and one ton of compost applied locally to count towards a local jurisdictions organic waste procurement target.
(2)Other pathways to prioritize local use of compost.
(h)(p)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(q)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(r)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 2.2.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(4)(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed of compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(5)(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(6)(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(7)Jurisdictions(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2022, are exempt from the procurement requirement of this subdivision until December 31, 2026. Beginning January 1, 2027, the department may, in its discretion, provide rural counties and jurisdictions located within rural counties that are exempt from organic waste collection requirements an extended recovered organic waste product procurement target schedule similar to the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(8)(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(12)No later than January 1, 2026, the department shall amend subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations to include in the recovered organic waste products that a jurisdiction may procure to comply with Article 12 (commencing with Section 18993.1) of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations pipeline biomethane converted exclusively from organic waste, as defined and described in Article 10 (commencing with Section 650) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code.
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (5) (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (5) (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(i)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(j)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 2.3.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(4)(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed of compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(5)(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(6)(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(7)Jurisdictions(9)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2022, are exempt from the procurement requirement of this subdivision until December 31, 2026. Beginning January 1, 2027, the department may, in its discretion, provide rural counties and jurisdictions located within rural counties that are exempt from organic waste collection requirements an extended recovered organic waste product procurement target schedule similar to the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(8)(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(12)No later than January 1, 2026, the department shall amend subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations to include in the recovered organic waste products that a jurisdiction may procure to comply with Article 12 (commencing with Section 18993.1) of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations pipeline biomethane converted exclusively from organic waste, as defined and described in Article 10 (commencing with Section 650) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code.
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (5) (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (5) (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)A local jurisdiction may be credited for the procurement of recovered organic waste products without executing a direct service provider agreement with end users of recovered organic waste products if all of the following conditions are met:
(1)The use of the recovered organic waste product by any entity is a result of the jurisdictions adoption or enforcement of ordinances, regulations, resolutions, or policies.
(2)The jurisdiction complied with all other recordkeeping and reporting requirements related to procurement targets, including verification, as determined by the department, that an entity is procuring on behalf of the jurisdiction.
(3)The recovered organic waste product is not applied to the recovered organic waste product procurement target of another jurisdiction.
(i)(1)A local jurisdiction may count compost produced and procured from the following compost operations, as described in Section 17852 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, towards its recovered organic waste procurement target:
(A)Vermicomposting operations.
(B)Operations composting green material, agricultural material, food material, and vegetative food material, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet.
(C)Mushroom compost. Mushroom compost means the composted growing substrate that remains after a crop has been harvested to completion.
(2)Paragraph (1) applies if a local jurisdiction adopts an ordinance or other enforceable mechanism requiring compost and vermicompost procured by the jurisdiction to comply with this subdivision and to be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(j)A local jurisdiction may count up to 10 percent of its recovered organic waste product procurement target with both of the following recovered organic waste products:
(1)Mulch produced from tree trimming operations conducted by the jurisdiction or a service provider operating under contract to the jurisdiction when applied to landscape areas owned or managed by the jurisdiction or given away to residents, if the local jurisdiction does both of the following:
(A)The local jurisdiction provides documentation of the amount of mulch used and distributed, and where it was applied.
(B)The local jurisdiction adopts an ordinance or other enforceable mechanism requiring that mulch be used in a manner that meets the definition of land application in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
(2)Edible food recovered in compliance with Section 18991.1 of Title 14 of the California Code of Regulations generated from a commercial food generator located within the jurisdiction. The conversion factor to be used to convert tonnage in the annual recovered organic waste product procurement target for each jurisdiction to equivalent amounts of recovered organic waste product shall be one ton of edible food for each ton of organic waste in a recovered organic waste product procurement target.
(3)Nothing in this paragraph shall be construed to limit the proportion of recovered organic waste products described in subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, that a jurisdiction can count toward its recovered organic waste procurement target.
(k)To count recovered organic waste products listed in subdivisions (i) and (j) toward its recovered organic waste product procurement target, a local jurisdiction shall comply with applicable regulations.
(l)(1)Subject to paragraph (2), and until December 31, 2035, the following direct expenditures by a local jurisdiction may count towards its recovered organic waste product procurement target:
(A)Investments for community composting operations serving the jurisdiction, including, but not limited to, an investment made to establish or expand a compostable materials handling operation or community composting operation.
(B)Equipment that is used only to apply compost or mulch, including, and limited to, compost spreaders, drag harrows, chippers, stump grinders, and blowers, if the jurisdiction uses the equipment to spread compost or mulch in compliance with procurement requirements during the same year that the purchase expense is applied toward its recovered organic waste product procurement target.
(C)Development of compost or mulch distribution sites to make free compost and mulch accessible and available to residents.
(2)(A)The department may determine, in regulations, the appropriate conversion factors for the direct expenditures in paragraph (1). The expenditures may count for up to 10 percent of a jurisdictions total procurement target.
(B)Prior to the departments adoption of regulations to implement this section, the conversion factor shall be twenty-one dollars and thirty-eight cents ($21.38) for each ton of organic waste in a product procurement target.
(m)(1)One or more local jurisdictions within the same county may determine a local per capita procurement target using information from a local waste characterization study for a period not to exceed five years after the completion of the study. A waste characterization study shall be performed by the local jurisdiction or jurisdictions, which shall apply the results of a study to the total amount of landfill disposal attributed to the local jurisdiction or jurisdictions by the departments Recycling and Disposal Reporting System.
(2)A waste characterization study may be used if it meets all of the following criteria:
(A)It was performed within the prior five years. This subparagraph does not require a jurisdiction to conduct a local waste characterization study within a specified five-year cycle or to wait for a recalculation of the annual recovered organic waste product procurement target pursuant to subdivision (b) of Section 18993.1 of Title 14 of the California Code of Regulations.
(B)It includes all categories of organic waste used in the departments most recent waste characterization study that was available at the time the waste characterization local study was performed.
(C)It includes a statistically significant sampling of solid waste disposed by the local jurisdiction or jurisdictions for which the local per capita procurement target will be determined.
(D)The geographic boundaries within which the study is conducted shall match the geographic boundaries of the jurisdiction or jurisdictions the local per capita procurement target will be applied to.
(E)It uses the most recent formula for the per capita procurement target developed by the department.
(F)The results of the study are submitted to the department in a form and manner determined by the department.
(3)The department may establish in regulations criteria for approving the methodology of a local waste characterization study.
(n)Commencing January 1, 2027, a local jurisdiction may procure a quantity of recovered organic waste products that meets or exceeds a five-year recovered organic waste product procurement target if the following conditions are met:
(1)On or before January 1, 2027, and on or before January 1 every five years thereafter, the jurisdictions five-year recovered organic waste procurement requirement target is calculated by multiplying the annual procurement target by five. The department may grant a jurisdiction approval to begin the five-year period on any January 1 after January 1, 2027.
(2)On or before January 1, 2027, the jurisdiction has notified the department that it intends to comply using a five-year target.
(o)In adopting and revising regulations to implement this section, the department may consider both of the following:
(1)The development and adoption of a conversion factor for one ton of organic waste and one ton of compost applied locally to count towards a local jurisdictions organic waste procurement target.
(2)Other pathways to prioritize local use of compost.
(h)(p)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(q)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(r)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 3.Section 42999 of the Public Resources Code is amended to read:42999.(a)The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.
(b)Eligible financial assistance shall be provided for any of the following:
(1)Organics composting.
(2)Organics in-vessel digestion.
(3)Recyclable material manufacturing.
(4)Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention.
(5)Preprocessing organic materials for composting or organics in-vessel digestion.
(6)Codigestion at existing wastewater treatment plants.
(7)Increasing opportunities for reuse of materials diverted from landfill disposal.
(8)Recyclable material recovery, sorting, or bailing equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions.
(c)For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following:
(1)Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.
(2)Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite, bioenergy, and soil amendments.
(3)Designing and constructing or expanding facilities for processing recyclable materials.
(4)Projects to improve the quality of recycled materials.
(5)Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs.
(6)Purchase of equipment and construction of facilities to help develop, implement, or expand edible food waste recovery operations.
(7)Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public.
(8)Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
(d)In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following:
(1)The amount of reductions of emissions of greenhouse gases that may result from the project.
(2)The amount of organic material that may be diverted from landfills as a result of the project.
(3)If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code.
(4)For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels.
(5)Project readiness and permitting that the project may require.
(6)Air and water quality benefits that the project may provide.
(e)To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.
SEC. 4.SEC. 3.1.Section 42999 of the Public Resources Code is amended to read:42999.(a)The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.
(b)Eligible financial assistance shall be provided for any of the following:
(1)Organics composting.
(2)Organics in-vessel digestion.
(3)Recyclable material manufacturing.
(4)Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention.
(5)Preprocessing organic materials for composting or organics in-vessel digestion.
(6)Codigestion at existing wastewater treatment plants.
(7)Increasing opportunities for reuse of materials diverted from landfill disposal.
(8)Recyclable material recovery, sorting, or bailing equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions.
(9)Recovery of edible food, including, but not limited to, the transportation of recovered edible food, and the purchase or subscription to technology or software that improves the efficiency and tracking of edible food recovery.
(c)For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following:
(1)Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.
(2)Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite, bioenergy, and soil amendments.
(3)Designing and constructing or expanding facilities for processing recyclable materials.
(4)Projects to improve the quality of recycled materials.
(5)Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs.
(6)Purchase of equipment and construction or expansion of facilities to help develop, implement, or expand edible food waste recovery operations.
(7)Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public.
(8)Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
(d)In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following:
(1)The amount of reductions of emissions of greenhouse gases that may result from the project.
(2)The amount of organic material that may be diverted from landfills as a result of the project.
(3)If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code.
(4)For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels.
(5)Project readiness and permitting that the project may require.
(6)Air and water quality benefits that the project may provide.
(e)In awarding a grant for edible food recovery pursuant to this section, the department shall consider the increased amount of edible food recovery capacity that the project will create.
(f)To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.
SEC. 4.(a)Section 2.1 of this bill incorporates amendments to Section 42652.5 of the Public Resources Code proposed by both this bill and Assembly Bill 2346. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42652.5 of the Public Resources Code, (3) Assembly Bill 2514 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2346, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 42652.5 of the Public Resources Code proposed by both this bill and Assembly Bill 2514. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42652.5 of the Public Resources Code, (3) Assembly Bill 2346 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2514 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 42652.5 of the Public Resources Code proposed by this bill, Assembly Bill 2346, and Assembly Bill 2514. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 42652.5 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2346 and Assembly Bill 2514, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 5.Section 4 3.1 of this bill incorporates amendments to Section 42999 of the Public Resources Code proposed by both this bill and Assembly Bill 2311. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42999 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2311, in which case Section 3 of this bill shall not become operative.
(a)At least once every two four years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.
(b)In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.
(c)(1)Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.
(2)The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:
(A)The proposed basis for issuing an order of compliance.
(B)The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.
(C)The proposed recommendations to the department.
(3)The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.
(d)(1)If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.
(2)The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.
(3)In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:
(A)Whether an exceptional growth rate may have affected compliance.
(B)Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.
(e)For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:
(1)For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.
(2)For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.
(3)In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.
(4)The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:
(A)Natural disasters.
(B)Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.
(C)Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.
(D)The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.
(E)The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.
(F)The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.
(G)Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.
(H)The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.
(I)Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must is required to be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.
(5)In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.
(f)This section shall become operative on January 1, 2022.SECTION 1.SEC. 2.Section 42652.5 of the Public Resources Code is amended to read:42652.5.(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)(A)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, subject to subparagraph (D), jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to 10 five years.
(B)A rural jurisdiction that has a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations shall develop and provide green waste collection and self-haul opportunities commensurate with the jurisdictions needs and capabilities. Beginning January 1, 2027, a rural jurisdiction that has a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations shall do all of the following:(i)Work with representatives of state, regional, and local governments to identify opportunities where the exempt jurisdiction may be able to help nonexempt jurisdictions achieve the states organic waste diversion and recycling goals, including through facilitating the application of compost or mulch in appropriate areas within the rural jurisdiction.(ii)Facilitate independent backyard and community composting programs to increase the use of small-scale composting in order to reduce organic waste. Programs may include, but are not limited to, representatives from solid waste management organizations, the Department of Food and Agriculture, the University of California Cooperative Extension farm advisors, master gardener programs, Future Farmers of America, and schools.(iii)Identify opportunities to sustain and increase the diversion of organic materials for animal feed, including opportunities for collaboration with the Department of Food and Agriculture, the University of California Cooperative Extension farm advisors, a cattlemens association, agricultural associations, Future Farmers of America, and 4-H programs.(iv)Work with other local jurisdictions and joint powers authorities to explore shared opportunities for new or expanded existing regional organic waste facilities and markets.(v)Establish and continue public education and outreach to reduce organic waste generation and disposal, increase onsite organic waste recycling, facilitate community and backyard composting opportunities, and increase edible food recovery.(C)Nothing in this paragraph shall relieve a rural jurisdiction of any other requirements contained in Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.(D)A jurisdiction that no longer qualifies for a rural exemption because the jurisdictions population has increased beyond the limit specified in subdivision (h) of Section 42649.8 shall have three years from the date the jurisdictions population exceeds 70,000 persons to comply with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations. For purposes of this subparagraph, a jurisdictions population shall be determined by a published population estimate provided by the Department of Finance on its internet website.(10)(A)A county that does not qualify for a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, but that generates less than 200,000 tons of solid waste annually, may request the departments approval of an alternative or modified organic waste diversion and recycling program that provides increased flexibility to the jurisdiction for diverting and recycling organic waste. A county may request an alternative or modified organic waste diversion and recycling program for those unincorporated areas within the county, not including census designated places with a population of 10,000 or greater. In considering alternative or modified organic waste diversion and recycling programs, the department shall give consideration to the extent to which the jurisdiction diverts organic waste generated from agricultural and wildfire risk reduction projects from landfill disposal.(B)The process for a county to request, and for the department to approve, an alternative or modified organic waste diversion and recycling program shall include the following:(i)The county shall file a notice of intent to submit an alternative or modified organic waste diversion and recycling program to the department before April 1, 2025.(ii)The county shall submit an alternative or modified organic waste diversion and recycling program in the form and manner prescribed by the department to the department by January 1, 2026. The department may, upon agreement with the county, grant a three-month extension to the January 1, 2026 deadline for the county.(iii)The department shall review the alternative or modified organic waste diversion and recycling program within three months of its submission and approve or deny it. The department may, upon agreement with the county, extend the period to approve or deny the countys alternative or modified organic waste diversion and recycling program by an additional three months.(C)A county shall comply with the regulations adopted to implement this chapter and the regulations adopted to implement Sections 39730.5, 39730.6, 39730.7, and 39730.8 of the Health and Safety Code while the alternative or modified organic waste diversion and recycling program is being developed and before it is approved.(D)A county may submit an alternative or modified organic waste diversion and recycling program once every two years.(E)An alternative or modified organic waste diversion and recycling program shall do both of the following:(i)Include metrics and means to evaluate progress towards the goals it establishes.(ii)Be subject to the same enforcement mechanisms authorized under this chapter.(F)An alternative or modified organic waste diversion and recycling program may include, and the department shall give consideration to, organic waste diversion from landfill disposal generated from agricultural and wildfire risk reduction projects, where wildfire risk reduction projects only include biomass that is removed for any of the following:(i)To reduce or mitigate the risk of wildfire.(ii)To reduce the risk to public safety or infrastructure from falling trees or tree limbs or to create defensible space.(iii)Forest restoration projects.(11)(10)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(12)(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(i)To reduce barriers for the expansion of community composting operations, the department shall develop training and technical assistance materials to assist local governments in promoting the expansion of community composting operations. The materials developed by the department shall include a model ordinance and franchise provisions that exempt small-scale community composting operations from the regulatory and exclusivity provisions applied by the local jurisdiction to other solid waste haulers and establish a specialized local regulatory framework for those operations.(j)(i)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(k)(j)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
SEC. 3.Section 42999 of the Public Resources Code is amended to read:42999.(a)The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.
(b)Eligible financial assistance shall be provided for any of the following:
(1)Organics composting.
(2)Organics in-vessel digestion.
(3)Recyclable material manufacturing.
(4)Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention.
(5)Preprocessing organic materials for composting or organics in-vessel digestion.
(6)Codigestion at existing wastewater treatment plants.
(7)Increasing opportunities for reuse of materials diverted from landfill disposal.
(8)Recyclable material recovery, sorting, or bailing equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions.
(c)For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following:
(1)Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.
(2)Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite, bioenergy, and soil amendments.
(3)Designing and constructing or expanding facilities for processing recyclable materials.
(4)Projects to improve the quality of recycled materials.
(5)Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs.
(6)Purchase of equipment and construction of facilities to help develop, implement, or expand edible food waste recovery operations.
(7)Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public.
(8)Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
(d)In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following:
(1)The amount of reductions of emissions of greenhouse gases that may result from the project.
(2)The amount of organic material that may be diverted from landfills as a result of the project.
(3)If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code.
(4)For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels.
(5)Project readiness and permitting that the project may require.
(6)Air and water quality benefits that the project may provide.
(e)To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.
SEC. 4.Section 42999 of the Public Resources Code is amended to read:42999.(a)The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.
(b)Eligible financial assistance shall be provided for any of the following:
(1)Organics composting.
(2)Organics in-vessel digestion.
(3)Recyclable material manufacturing.
(4)Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention.
(5)Preprocessing organic materials for composting or organics in-vessel digestion.
(6)Codigestion at existing wastewater treatment plants.
(7)Increasing opportunities for reuse of materials diverted from landfill disposal.
(8)Recyclable material recovery, sorting, or bailing equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions.
(9)Recovery of edible food, including, but not limited to, the transportation of recovered edible food, and the purchase or subscription to technology or software that improves the efficiency and tracking of edible food recovery.
(c)For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following:
(1)Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.
(2)Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite, bioenergy, and soil amendments.
(3)Designing and constructing or expanding facilities for processing recyclable materials.
(4)Projects to improve the quality of recycled materials.
(5)Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs.
(6)Purchase of equipment and construction or expansion of facilities to help develop, implement, or expand edible food waste recovery operations.
(7)Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public.
(8)Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
(d)In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following:
(1)The amount of reductions of emissions of greenhouse gases that may result from the project.
(2)The amount of organic material that may be diverted from landfills as a result of the project.
(3)If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code.
(4)For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels.
(5)Project readiness and permitting that the project may require.
(6)Air and water quality benefits that the project may provide.
(e)In awarding a grant for edible food recovery pursuant to this section, the department shall consider the increased amount of edible food recovery capacity that the project will create.
(e)(f)To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.
SEC. 5.Section 4 of this bill incorporates amendments to Section 42999 of the Public Resources Code proposed by both this bill and Assembly Bill 2311. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42999 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2311, in which case Section 3 of this bill shall not become operative.
(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming. farming that advances healthy soils.
(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(9)(A)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, subject to subparagraph (D), a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to 10 years.
(B)A rural jurisdiction that has a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations shall develop and provide green waste collection and self-haul opportunities commensurate with the jurisdictions needs and capabilities. Beginning January 1, 2027, a rural jurisdiction that has a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations shall do all of the following:
(i)Work with representatives of state, regional, and local governments to identify opportunities where the exempt jurisdiction may be able to help nonexempt jurisdictions achieve the states organic waste diversion and recycling goals, including through facilitating the application of compost or mulch in appropriate areas within the rural jurisdiction.
(ii)Facilitate independent backyard and community composting programs to increase the use of small-scale composting in order to reduce organic waste. Programs may include, but are not limited to, representatives from solid waste management organizations, the Department of Food and Agriculture, the University of California Cooperative Extension farm advisors, master gardener programs, Future Farmers of America, and schools.
(iii)Identify opportunities to sustain and increase the diversion of organic materials for animal feed, including opportunities for collaboration with the Department of Food and Agriculture, the University of California Cooperative Extension farm advisors, a cattlemens association, agricultural associations, Future Farmers of America, and 4-H programs.
(iv)Work with other local jurisdictions and joint powers authorities to explore shared opportunities for new or expanded existing regional organic waste facilities and markets.
(v)Establish and continue public education and outreach to reduce organic waste generation and disposal, increase onsite organic waste recycling, facilitate community and backyard composting opportunities, and increase edible food recovery.
(C)Nothing in this paragraph shall relieve a rural jurisdiction of any other requirements contained in Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(D)A jurisdiction that no longer qualifies for a rural exemption because the jurisdictions population has increased beyond the limit specified in subdivision (h) of Section 42649.8 shall have three years from the date the jurisdictions population exceeds 70,000 persons to comply with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations. For purposes of this subparagraph, a jurisdictions population shall be determined by a published population estimate provided by the Department of Finance on its internet website.
(10)(A)A county that does not qualify for a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, but that generates less than 200,000 tons of solid waste annually, may request the departments approval of an alternative or modified organic waste diversion and recycling program that provides increased flexibility to the jurisdiction for diverting and recycling organic waste. A county may request an alternative or modified organic waste diversion and recycling program for those unincorporated areas within the county, not including census designated places with a population of 10,000 or greater. In considering alternative or modified organic waste diversion and recycling programs, the department shall give consideration to the extent to which the jurisdiction diverts organic waste generated from agricultural and wildfire risk reduction projects from landfill disposal.
(B)The process for a county to request, and for the department to approve, an alternative or modified organic waste diversion and recycling program shall include the following:
(i)The county shall file a notice of intent to submit an alternative or modified organic waste diversion and recycling program to the department before April 1, 2025.
(ii)The county shall submit an alternative or modified organic waste diversion and recycling program in the form and manner prescribed by the department to the department by January 1, 2026. The department may, upon agreement with the county, grant a three-month extension to the January 1, 2026 deadline for the county.
(iii)The department shall review the alternative or modified organic waste diversion and recycling program within three months of its submission and approve or deny it. The department may, upon agreement with the county, extend the period to approve or deny the countys alternative or modified organic waste diversion and recycling program by an additional three months.
(C)A county shall comply with the regulations adopted to implement this chapter and the regulations adopted to implement Sections 39730.5, 39730.6, 39730.7, and 39730.8 of the Health and Safety Code while the alternative or modified organic waste diversion and recycling program is being developed and before it is approved.
(D)A county may submit an alternative or modified organic waste diversion and recycling program once every two years.
(E)An alternative or modified organic waste diversion and recycling program shall do both of the following:
(i)Include metrics and means to evaluate progress towards the goals it establishes.
(ii)Be subject to the same enforcement mechanisms authorized under this chapter.
(F)An alternative or modified organic waste diversion and recycling program may include, and the department shall give consideration to, organic waste diversion from landfill disposal generated from agricultural and wildfire risk reduction projects, where wildfire risk reduction projects only include biomass that is removed for any of the following:
(i)To reduce or mitigate the risk of wildfire.
(ii)To reduce the risk to public safety or infrastructure from falling trees or tree limbs or to create defensible space.
(iii)Forest restoration projects.
(11)Upon request by a local jurisdiction that does not otherwise qualify for an elevation exemption pursuant to subdivision (d) of Section 18994.12 of Title 14 of the California Code of Regulations, the department may issue a waiver from a requirement to separate and recover food waste and food-soiled paper for all or part of the jurisdiction where there are significant public safety issues associated with food waste collection as a result of local bear populations. Requests for waivers shall include information about the number of generators that will be included in the waiver, local bear populations, and food waste-related incidents that may be corroborated by local, state, or federal public safety or wildlife officials. Residential and small commercial generators within an area granted a waiver pursuant to this subdivision may deposit food waste and food-soiled paper in a municipal solid waste disposal container. Nothing in this paragraph exempts a local jurisdiction from any other obligations to provide collection services for other types of organic waste.(11)Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(12)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(i)To reduce barriers for the expansion of community composting operations, the department shall develop training and technical assistance materials to assist local governments in promoting the expansion of community composting operations. The materials developed by the department shall include a model ordinance and franchise provisions that exempt small-scale community composting operations from the regulatory and exclusivity provisions applied by the local jurisdiction to other solid waste haulers and establish a specialized local regulatory framework for those operations.
(j)In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(k)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This section subdivision does not constitute a change in, but is declaratory of, existing law.
(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to incentivize local carbon farming efforts, maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)Shall evaluate ways to incentivize carbon farming.
(4)(5)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(5)(6)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(6)(7)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(7)(8)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(8)(9)(A)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, subject to subparagraph (D), a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations. Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to 10 years.
(B)A rural jurisdiction that has a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations shall develop and provide green waste collection and self-haul opportunities commensurate with the jurisdictions needs and capabilities. Beginning January 1, 2027, a rural jurisdiction that has a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations shall do all of the following:
(i)Work with representatives of state, regional, and local governments to identify opportunities where the exempt jurisdiction may be able to help nonexempt jurisdictions achieve the states organic waste diversion and recycling goals, including through facilitating the application of compost or mulch in appropriate areas within the rural jurisdiction.
(ii)Facilitate independent backyard and community composting programs to increase the use of small-scale composting in order to reduce organic waste. This collaboration Programs may include, but is are not limited to, representatives from solid waste management organizations, the Department of Food and Agriculture, the University of California Cooperative Extension farm advisors, master gardener programs, Future Farmers of America, and schools.
(iii)Identify opportunities to sustain and increase the diversion of organic materials for animal feed, including opportunities for collaboration with the Department of Food and Agriculture, the University of California Cooperative Extension farm advisors, a cattlemens association, agricultural associations, Future Farmers of America, and 4-H programs.
(iv)Work with other local jurisdictions and joint powers authorities to explore shared opportunities for new or expanded existing regional organic waste facilities and markets.
(v)Continue Establish and continue public education and outreach to reduce organic waste generation and disposal, increase onsite organic waste recycling, facilitate community and backyard composting opportunities, and increase edible food recovery.
(C)Nothing in this paragraph shall relieve a rural jurisdiction of any other requirements contained in Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(D)A jurisdiction that no longer qualifies for a rural exemption because the jurisdictions population has increased beyond the limit specified in subdivision (h) of Section 42649.8 shall have three years from the date the jurisdictions population exceeds 70,000 persons to comply with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations.
(9)(10)A county that does not qualify for a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, but that generates less than 200,000 tons of solid waste annually, may request the departments approval of an alternative or modified organic waste diversion and recycling program that provides increased flexibility to the jurisdiction for diverting and recycling organic waste. A county may request an alternative or modified organic waste diversion and recycling program for those unincorporated areas within the county, not including census designated places with a population of 10,000 or greater. In considering alternative or modified organic waste diversion and recycling programs, the department shall give consideration to the extent to which the jurisdiction diverts organic waste generated from agricultural and wildfire risk reduction projects from landfill disposal.
(10)(11)Upon request by a local jurisdiction that does not otherwise qualify for an elevation exemption pursuant to subdivision (d) of Section 18994.12 of Title 14 of the California Code of Regulations, the department may issue a waiver from a requirement to separate and recover food waste and food-soiled paper for all or part of the jurisdiction where there are significant public safety issues associated with food waste collection as a result of local bear populations. Requests for waivers shall include information about the number of generators that will be included in the waiver, local bear populations, and food waste-related incidents that may be corroborated by local, state, or federal public safety or wildlife officials. Residential and small commercial generators within an area granted a waiver pursuant to this subdivision may deposit food waste and food-soiled paper in a municipal solid waste disposal container. Nothing in this paragraph exempts a local jurisdiction from any other obligations to provide collection services for other types of organic waste.
(11)(12)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (5) (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (5) (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(i)To reduce barriers for the expansion of community composting operations, the department shall develop training and technical assistance materials to assist local governments in promoting the expansion of community composting operations. The materials developed by the department shall include a model ordinance and franchise provisions that exempt small-scale community composting operations from the regulatory and exclusivity provisions applied by the local jurisdiction to other solid waste haulers and establish a specialized local regulatory framework for those operations.
(j)In order to reduce emissions from landfills and composting operations solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(k)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This section does not constitute a change in, but is declaratory of, existing law.
(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)(A)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(B)The department shall evaluate ways to incentivize local carbon farming efforts, maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
(5)(A)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(B)Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i)On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
(ii)On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
(iii)On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
(6)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(7)For purposes of determining a jurisdictions recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdictions population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
(7) Jurisdictions(8)(A)Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, subject to subparagraph (D), a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2022, are exempt from the procurement requirement of this subdivision until December 31, 2026. Beginning January 1, 2027, the department may, in its discretion, provide rural counties and jurisdictions located within rural counties that are exempt from organic waste collection requirements an extended recovered organic waste product procurement target schedule similar to the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations.
(B)A rural jurisdiction shall develop and provide green waste collection and self-haul opportunities commensurate with the jurisdictions needs and capabilities. Beginning January 1, 2027, a rural jurisdiction shall do all of the following:
(i)Work with representatives of state, regional, and local governments to identify opportunities where the exempt jurisdiction may be able to help nonexempt jurisdictions achieve the states organic waste diversion and recycling goals, including through facilitating the application of compost or mulch in appropriate areas within the rural jurisdiction.
(ii)Facilitate independent backyard and community composting programs to increase the use of small-scale composting in order to reduce organic waste. This collaboration may include, but is not limited to, representatives from solid waste management organizations, the Department of Food and Agriculture, the University of California Cooperative Extension farm advisors, master gardener programs, Future Farmers of America, and schools.
(iii)Identify opportunities to sustain and increase the diversion of organic materials for animal feed, including opportunities for collaboration with the Department of Food and Agriculture, the University of California Cooperative Extension farm advisors, a cattlemens association, agricultural associations, Future Farmers of America, and 4-H programs.
(iv)Work with other local jurisdictions and joint powers authorities to explore shared opportunities for new or expanded existing regional organic waste facilities and markets.
(v)Continue public education and outreach to reduce organic waste generation and disposal, increase onsite organic waste recycling, facilitate community and backyard composting opportunities, and increase edible food recovery.
(C)Nothing in this paragraph shall relieve a rural jurisdiction of any other requirements contained in Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
(D)A jurisdiction that no longer qualifies for a rural exemption because the jurisdictions population has increased beyond the limit specified in subdivision (h) of Section 42649.8 shall have three years from the date the jurisdictions population exceeds 70,000 persons to comply with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations.
(9)A county that does not qualify for a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, but that generates less than 200,000 tons of solid waste annually, may request the departments approval of an alternative or modified organic waste diversion and recycling program that provides increased flexibility to the jurisdiction for diverting and recycling organic waste. A county may request an alternative or modified organic waste diversion and recycling program for those unincorporated areas within the county, not including census designated places with a population of 10,000 or greater. In considering alternative or modified organic waste diversion and recycling programs, the department shall give consideration to the extent to which the jurisdiction diverts organic waste generated from agricultural and wildfire risk reduction projects from landfill disposal.
(10)Upon request by a local jurisdiction that does not otherwise qualify for an elevation exemption pursuant to subdivision (d) of Section 18994.12 of Title 14 of the California Code of Regulations, the department may issue a waiver from a requirement to separate and recover food waste and food-soiled paper for all or part of the jurisdiction where there are significant public safety issues associated with food waste collection as a result of local bear populations. Requests for waivers shall include information about the number of generators that will be included in the waiver, local bear populations, and food waste-related incidents that may be corroborated by local, state, or federal public safety or wildlife officials. Residential and small commercial generators within an area granted a waiver pursuant to this subdivision may deposit food waste and food-soiled paper in a municipal solid waste disposal container. Nothing in this paragraph exempts a local jurisdiction from any other obligations to provide collection services for other types of organic waste.
(8)(11)The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1)Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2)A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d)(1)For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (5) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (5) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2)For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3)If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4)Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e)The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1)A description, with specificity, of the continuing violations.
(2)A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3)A description of the impacts of the COVID-19 pandemic on compliance.
(4)A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f)The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g)Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h)(1)The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
(2)Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(i)To reduce barriers for the expansion of community composting operations, the department shall develop training and technical assistance materials to assist local governments in promoting the expansion of community composting operations. The materials developed by the department shall include a model ordinance and franchise provisions that exempt small-scale community composting operations from the regulatory and exclusivity provisions applied by the local jurisdiction to other solid waste haulers and establish a specialized local regulatory framework for those operations.
(j)In order to reduce emissions from landfills and composting operations that may be a potential source of methane emissions, the department, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
(k)Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This section does not constitute a change in, but is declaratory of, existing law.
|
Date
|
Status
|
|---|---|
| Sep 22, 2024 | Chaptered by Secretary of State - Chapter 421, Statutes of 2024. |
| Sep 22, 2024 | Approved by the Governor. |
| Sep 6, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 28, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Assembly Rule 77 suspended. |
| Aug 27, 2024 | Reconsideration granted. (Ayes 39. Noes 0.) |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 1.). |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 23, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | Read second time and amended. Ordered returned to second reading. |
| Aug 15, 2024 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 15). |
| Aug 12, 2024 | In committee: Referred to APPR suspense file. |
| Jul 31, 2024 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 20, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 19, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 19). |
| May 29, 2024 | Referred to Com. on E.Q. |
| May 22, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5416.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass. (Ayes 15. Noes 0.) (May 16). |
| May 1, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 11, 2024 | Re-referred to Com. on APPR. |
| Apr 10, 2024 | Read second time and amended. |
| Apr 9, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 8). |
| Mar 4, 2024 | Referred to Com. on NAT. RES. |
| Feb 16, 2024 | From printer. May be heard in committee March 17. |
| Feb 15, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2024 | AB 2902 Wood Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB2902 Wood et al. By Laird | Senate Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB2902 Wood et al. By Laird Reconsider | Senate Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB2902 Wood et al. By Laird | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 12, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 19, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| May 21, 2024 | AB 2902 Wood Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 8, 2024 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Agricultural Associations | * Support | Jun 19, 2024 |
| Alpine County Supervisor, David Griffith | ** Support | |
| Board of Supervisors County of Tuolumne | ** Support | |
| California Compost Coalition | * Support | Apr 8, 2024 |
| California State Association Of Counties | ** Support | |
| Californians Against Waste | * Indeterminate | Jun 19, 2024 |
| Climate Action California | * Support | Apr 8, 2024 |
| Community Alliance With Family Farmers | * For If Amend | Apr 8, 2024 |
| County of El Dorado | ** Support | |
| County of Lassen | ** Support | |
| County Of Mono | ** Support | |
| County of Monterey | ** Support | |
| Del Norte County | * Support | Apr 8, 2024 |
| Del Norte Solid Waste Management Authority | ** Support | |
| Humboldt County | * Support | Apr 8, 2024 |
| League Of California Cities | ** Support | |
| Madera County Board of Supervisors | ** Support | |
| Modoc County | ** Support | |
| Nevada County | * Support | Apr 8, 2024 |
| Republic Services - Western Region | ** Support | |
| Rural County Representatives of California | ** Support | |
| Sierra County Board of Supervisors | ** Support | |
| Siskiyou County Board of Supervisors | ** Support | |
| Stop Waste | * Support | Apr 8, 2024 |
| Trinity County Board Of Supervisors | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2902
Author:(Wood)
As Amended Ver:August 23, 2024
Majority vote
SUMMARY
Revises the state's organic waste reduction requirements established by SB 1383 (Lara) Chapter 395, Statutes of 2016, including waiving rural jurisdictions from collection and procurement requirements until Jan 1, 2037, and exempting bear bins from the collection bin lid color requirements and making them eligible for Department of Resources Recycling and Recovery (CalRecycle) grants, among other changes.
Senate Amendments
- Require CalRecycle to review each jurisdiction's source reduction and recycling element and household hazardous waste element every four years, instead of every two years.
- Clarify that CalRecycle incentivize carbon farming that advances healthy soils.
- Reduce the duration of a renewal of the extension for a rural exemption from SB 1383 requirements from 10 years to 5 years and remove additional organics collection requirements for those jurisdictions.
- Remove the exemption for local jurisdictions from SB 1383 food waste recovery requirements due to bear populations and instead specify that bear bins are not required to comply with lid color requirements established by CalRecycle.
- Remove a three-year "on-ramp" for local jurisdictions that become subject to SB 1383's requirements due to no longer qualifying for a low-population waiver.
- Remove a provision that allows local jurisdictions that generate less than 200,000 tons of solid waste annually to apply for an alternative or modified organic waste diversion and recycling program.
- Remove a provision that requires CalRecycle to develop training and technical assistance materials to assist local governments in promoting the expansion of community composting operations.
- Specify that bear bins are eligible for funding from SB 1383 grants.
- Include language to avoid chaptering out issues with related bills.
COMMENTS
Organic waste recycling. An estimated 35 million tons of waste are disposed of in California's landfills annually. More than half of the materials landfilled are organics. CalRecycle's 2021 waste characterization study, found that 34% of disposed waste is organic waste. According to University of California Los Angeles Center for Health Policy Research, more than a third of Californians (39%) can’t afford enough food. In spite of widespread food insecurity, 11.2 billion pounds of food is disposed of annually in the state.
SB 1383 requires the Air Resources Board (ARB) to approve and implement a comprehensive short-lived climate pollutant strategy to achieve, from 2013 levels, a 40% reduction in methane, a 40% reduction in hydrofluorocarbon gases, and a 50% reduction in anthropogenic black carbon, by 2030. In order to accomplish these goals, the law specifies that the methane emission reduction goals include targets to reduce the landfill disposal of organic waste, including food, 50% by 2020 and 75% by 2025 from the 2014 level. SB 1383 also requires that by 2025, 20% of edible food that would otherwise be sent to landfills is redirected to feed people. Specifically, the law requires: jurisdictions to establish food recovery programs and strengthen existing food recovery networks; food donors to arrange to recover the maximum amount of edible food; and, food recovery organizations and services that participate in SB 1383 to maintain specified records.
To achieve this, California's waste management infrastructure is going to have to process and recycle much higher quantities of organic materials, involving significant investments in additional processing infrastructure. Organic waste is primarily recycled by composting the material, which generates compost that can be used in gardening and agriculture as a soil amendment and engineering purposes for things like slope stabilization. Anaerobic digestion is also widely used to recycle organic wastes. This technology uses bacteria to break down the material in the absence of oxygen and produces biogas, which can be used as fuel, and digestate, which can also be used as a soil amendment. Tree trimmings and prunings can also be mulched.
In order to ensure that there are adequate markets for the state's increasing quantities of products made from organic waste, like mulch, compost, and digestate, CalRecycle established procurement requirements for local jurisdictions. The procurement targets are based on the average amount of organic waste generated by Californians annually multiplied by the population of a jurisdiction. Jurisdictions can meet the target by procuring, giving away, or arranging for the use of the material through contracts with direct service providers. Eligible materials include compost, mulch, biomass electricity, or renewable gas, as specified.
Compliance with SB 1383 requirements is particularly challenging for less-populous areas of the state. Implementing the kinds of collection and recycling systems that work well in urban areas is infeasible in more rural areas. Altogether, the 19 counties that are currently eligible for the rural exemption have fewer than 600,000 residents; in some areas the population density drops below 10 per square mile. In higher elevations, roads can become impassable for collection trucks due to snow. These challenges make compliance disproportionately high for these communities.
Waivers and exemptions. CalRecycle's SB 1383 regulations establish various waivers and exemptions for local jurisdictions from SB 1383 requirements:
- Low population waivers: Jurisdictions with a total population less than 7,500 or that disposed less than 5,000 tons of solid waste in 2014 may apply for a waiver from some or all of the regulations for up to five years.
- Rural exemptions: Jurisdictions that meet the statutory definition of a rural jurisdiction are eligible for an exemption from the regulations if the governing body adopts a resolution, as specified. The exemption is valid until December 31, 2026, or until five years after CalRecycle makes a determination that the statewide disposal of organic waste has not been reduced to 50% of the level of disposal during the 2014 calendar year, whichever is later.
- High elevation waivers: A jurisdiction may apply to CalRecycle for a waiver from the requirement to separate and recover food waste and food-soiled paper if the entire jurisdiction is, or in census tracts located in unincorporated portions of a county that are, located at or above 4,500 feet elevation.
This bill. This bill is intended to ease compliance with the state's organic waste recycling laws and regulations for local jurisdictions.
According to the Author
California has made great strides in diverting organic waste from landfill disposal. While the existing regulatory framework is readily adaptable to denser, urban communities, it sometimes fails to accommodate for California’s regional diversity and provides very little flexibility to deal with the implementation challenges in smaller and rural communities. As a result, the greatest implementation challenges and highest anticipated rate increases will occur in rural and sparsely populated areas of the state. AB 2902 provides CalRecycle and local governments with additional flexibility to manage and divert organic waste, facilitates innovation, and seeks to increase the local benefits of edible food recovery.
Arguments in Support
The Rural County Representatives of California state, "Assembly Bill 2902 AB 2902 takes a multi-pronged approach to provide local governments with flexibility, promote innovation, increase local benefits, and reduce cost pressures."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee, ongoing costs, likely in the low hundreds of thousands of dollars annually (special fund), for CalRecycle to facilitate rulemaking, review and approve extension requests, and update procurement targets, among other things.
VOTES:
ASM NATURAL RESOURCES: 11-0-0
YES: Bryan, Flora, Connolly, Friedman, Hoover, Kalra, Joe Patterson, Muratsuchi, Pellerin, Wicks, Wood
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 73-0-7
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Laird, Limón, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Jones, McGuire
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: McGuire
SENATE FLOOR: 38-1-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO: Blakespear
ABS, ABST OR NV: Becker
UPDATED
VERSION: August 23, 2024
CONSULTANT: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0004851
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2902 |
THIRD READING
Bill No: AB 2902
Author: Wood (D), et al.
Amended: 8/23/24 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/19/24
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner
SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Seyarto, Wahab
NO VOTE RECORDED: Bradford
ASSEMBLY FLOOR: 73-0, 5/21/24 - See last page for vote
SUBJECT: Solid waste: reduction and recycling
SOURCE: Author
DIGEST:
This bill makes changes to organic waste policy established under SB 1383 (Lara, Chapter 395, Statutes of 2016), including waiving rural jurisdictions from collection and procurement requirements until Jan 1, 2037, and exempting bear bins from the collection bin lid color requirements and making them eligible for CalRecycle grants, among other changes.
Senate Floor Amendments of 8/23/24 align AB 2902 with AB 2346 (Lee), both of which makes changes to SB 1383 procurement credit requirements.
ANALYSIS:
Existing law:
- Requires the Air Resources Board (ARB) to develop a comprehensive strategy to reduce the emissions of short-lived climate pollutants (SLCP) to achieve a 40% reduction in methane emissions, a 40% reduction in hydrofluorocarbon gases, and a 50% reduction in anthropogenic black carbon below 2013 levels by 2030. (Health and Safety Code (HSC) § 39730-39730.5)
- Requires the state to reduce the disposal of organic waste by 40% from the 2014 level by 2020 and 75% by 2025 to help achieve the state’s methane reduction goal. (HSC § 39730.6)
- Requires CalRecycle, in consultation with ARB, to adopt regulations to achieve the state’s organic waste reduction requirements. Specifies that the regulations, in part:
- May require jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
- Include requirements intended to meet the goal that not less than 20% of edible food is recovered for human consumption by 2025.
- May include penalties for noncompliance, as specified.
- Specify that penalties for the organic waste procurement target established by CalRecycle which begin January 1, 2023.
- Exempt rural jurisdictions in possession of a rural exemption from the organic procurement targets until January 1, 2026, and authorizes CalRecycle to provide rural counties an extended organic procurement schedule on and after January 1, 2027. (Public Resources Code (PRC) § 42652.5)
- Authorizes CalRecycle to grant waivers to a jurisdiction, and some or all generators located within the jurisdiction, from the requirement to separate and recover food waste and food-soiled paper for recycling if the entire jurisdiction is located at or above 4,500 feet. (California Code of Regulations Section (CCR) 18984.12)
- Beginning January 1, 2022, requires jurisdictions to annually procure a specified quantity of recovered organic waste products that meets or exceeds its annual organic waste procurement target. Specifies that the organic waste procurement target is calculated by multiplying the per capita procurement target (0.8 tons per resident per year) by the jurisdiction’s population. (CCR § 18993.1)
- Specifies that the organic waste procurement target may be met by procuring:
- Compost from a compost facility or in-vessel digestion facility;
- Renewable gas used for transportation, electricity, or hearing applications;
- Electricity from biomass conversion; or
- Mulch, as specified. (CCR § 18993.1)
- Defines “rural jurisdiction” as a jurisdiction that is located entirely within one or more rural counties, or a regional agency comprised of jurisdictions located within one or more rural counties. Defines “rural county” as a county that has a total population of less than 70,000 persons. (PRC § 42649.8)
- Prohibits the state and local governments from making gifts of public funds to private parties. (Article XVI, Section 6 of the California Constitution)
This bill:
- Specifies that, for purposes of determining a jurisdiction's organic waste procurement target, a jurisdiction's population does not include the number of residents included in a low population or high elevation waiver granted by CalRecycle.
- Extends CalRecycle's rural exemption until January 1, 2037. Requires CalRecycle to adopt regulations to establish a process to renew the exemption after that date for periods of up to 5 years, and, requires a jurisdiction that has a rural exemption to undertake specified actions.
- Waives the requirement that lids be of a certain color established in regulations for bear bins, and makes deploying bear bins eligible for SB 1383 grants allocated by CalRecycle and establishes bear bins as eligible SB 1383 infrastructure.
- Authorizes CalRecycle, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of solid waste facilities about financing that may be available to fund facility improvements and to reduce methane emissions.
- Reduces the frequency of CalRecycle’s review of local jurisdiction AB 939 diversion elements from every two years to every four years
Background
- Organic waste and methane emission reduction goals. In 2016, California passed SB 1383 (Lara, Chapter 395, Statutes of 2016) to reduce emissions of short-lived climate pollutants (SLCP’s), and specifically to reduce methane emissions by 40% relative to 2014 levels by 2030. SB 1383 targets SLCP emissions from organic material decomposing in landfills.
When food and other organic material are discarded in a landfill, bacteria break down the material aerobically (without oxygen), a process that releases methane and other climate pollutants. While modern landfills have systems in place to capture this methane, significant amounts of SLCPs continue to escape from landfills into the atmosphere. According to CalRecycle, landfills are the third largest source of methane in California, and organic waste in landfills emits 20% of the state's methane. Approximately 8.5 million tons of carbon dioxide equivalent were released by landfills in 2020. Compost facilities, in contrast to landfills, have significantly fewer emissions from organic waste, as composting primarily breaks material down aerobically (with oxygen), which does not produce methane. To reduce emissions from landfills, SB 1383 set a target of reducing the landfill disposal of organic waste 50% by 2020 and 75% by 2025 relative to the 2014 disposal level. Under SB 1383, the organic waste diverted from landfills must go to organics recovery facilities to make products like compost, fertilizer, fuel, or energy. In addition to these goals, at least 20 percent of the edible food in the organic waste stream must be recovered to feed people by 2025.
- Collection and Procurement targets to reach SB 1383 goals. Broadly, SB 1383, as developed in regulations by CalRecycle in consultation with CARB, operates by requiring every jurisdiction to provide organic waste collection services to all residents and businesses and by creating a destination for that stream of organics by setting annual recovered organic waste procurement targets for jurisdictions. Procurement targets are based on the average amount of organic waste generated by Californians annually multiplied by the population of a jurisdiction. Jurisdictions must meet their procurement target by procuring (buying) giving away, or creating direct service contracts with entities to use the compost, mulch, biomass electricity, or renewable gas that is generated from the collected organic waste.
- Progress towards SB 1383 goals. The ambitious waste diversion goals established in 1383 have necessitated significant changes to California’s organic waste management infrastructure. Though California has made significant progress towards achieving the goals laid out in SB 1383, there is still some way to go; according to a report by the Little Hoover Commission in 2023, the state failed to reach its 2020 targets and is not on track to reach its 2025 goals. However, since its January 2022 implementation, 75% of California communities (464 out of 616 jurisdictions) report that they have residential organic waste collection in place. According to CalRecycle, California now has 206 organic waste processing facilities and is building 20 more. CalRecycle reports having invested over $220 million in grants and loans for SB 1383 infrastructure.
- SB 1383 waivers, exemptions, and alternative paths. CalRecycle’s SB 1383 regulations establish various waivers and exemptions for local jurisdictions from SB 1383 requirements.
- Low population waivers: Jurisdictions with a total population of less than 7,500 or that disposed of less than 5,000 tons of solid waste in 2014 may apply for a waiver from some or all of the regulations for up to five years.
- Rural exemptions: Jurisdictions that meet the statutory definition of a rural jurisdiction are eligible for an exemption from the regulations if the governing body adopts a resolution, as specified. The exemption is valid until December 31, 2026, or until five years after CalRecycle makes a determination that the statewide disposal of organic waste has not been reduced to 50% of the level of disposal during the 2014 calendar year, whichever is later.
- High elevation waivers: A jurisdiction may apply to CalRecycle for a waiver from the requirement to separate and recover food waste and food-soiled paper if the entire jurisdiction is, or in census tracts located in unincorporated portions of a county that are, located at or above 4,500 feet elevation.
- Jurisdictions can also apply for disaster and emergency waivers, and non-local entities and local education agencies that meet specific criteria can also apply.
According to data provided by CalRecycle in 2024, CalRecycle has issued waivers to 151 jurisdictions from some or all of the organic waste collection requirements. This represents a substantial increase from 54 entities in 2023.
In addition to regulatory action, the Legislature has developed onramps, waivers, and exemptions for local jurisdictions to meet their SB 1383 goals. In 2022, AB 1985 (R. Rivas, Chapter 344, Statues of 2022) exempted rural jurisdictions from SB 1383 procurement targets until December 31, 2026, if the jurisdictions already had a rural exemption provided through SB 1383 regulations. AB 1985 also authorized CalRecycle to create a delayed enforcement timeline for penalties for rural local jurisdictions to meet their organic waste procurement targets, and authorized CalRecycle to establish alternative targets to reach SB 1383 goals for these rural jurisdictions
Due to disruptions in progress towards SB 1383 goals induced by the COVID-19 pandemic, SB 619 (Laird, Chapter 508, Statutes of 2021) pushed back the timeline for penalties for local jurisdictions that had not complied with SB 1383 requirements until January 1, 2023. The law authorized CalRecycle to waive civil penalties for failure to comply with SB 1383 if a jurisdiction submitted a Notification of Intent to Comply with their SB 1383 and successfully implemented a Corrective Action Plan (CAP) to correct those violations. SB 619 Corrective Action Plans (CAP). According to data on CalRecycle’s webpage, 126 local jurisdictions used the SB 619 extension and submitted a CAP.
Comments
- Purpose of Bill. According to the author, “California has made great strides in diverting organic waste from landfill disposal. While the existing regulatory framework is readily adaptable to denser, urban communities, it sometimes fails to accommodate for California’s regional diversity and provides very little flexibility to deal with the implementation challenges in smaller and rural communities. As a result, the greatest implementation challenges and highest anticipated rate increases will occur in rural and sparsely populated areas of the state. AB 2902 provides CalRecycle and local governments with additional flexibility to manage and divert organic waste, facilitates innovation, and seeks to increase the local benefits of edible food recovery.”
- Barring bears? When bears become habituated to obtaining food by raiding garbage cans, they become extremely difficult to deter and may create public health and safety issues. Storing trash in a bear-proof collection bin (“bear box”) has proven an effective management strategy for deterring bears and other wildlife. The cost of a bear box for single-family residences ranges from $800 to $1,500. Local governments and waste management providers have elected to develop a combination of regulations and incentive programs, such as loans and rebates, to support the deployment of these bear boxes.
SB 1383 requires that food waste be separated from other waste. Food waste can attract bears and may need to be located in a bear box in areas with high bear density to prevent bears from consuming that waste. CalRecycle currently authorizes jurisdictions to apply for a waiver from the SB 1383 requirement to separate and recover food waste and food-soiled paper if they are located in a high-elevation area where bears are more likely to be present and potentially forage on food waste. This bill creates a new path to address bear safety concerns by promoting the deployment of bear bins for food waste via two pathways. First, this bill relaxes SB 1383 requirements that bin lids be a specific color. This requirement may be a barrier to deploying bear boxes for local jurisdictions since existing bear boxes may not come in the required colors, and smaller jurisdictions may not have the purchasing power to shift manufacturers' design specifications. In addition, this bill makes bear bins eligible for SB 1383 grants. This could be important in actuating the deployment of bear bins, given that bear-proof bins are more expensive than regular garbage bins.
- A 12-year exemption for rural low-population counties. There are a number of arguments for exempting low-population counties from SB 1383 requirements. According to CalRecycle’s webpage rural, high-elevation, and low-population jurisdictions have a small organic waste footprint and face significant challenges in collecting organic material, noting that it would be “exceedingly expensive for [these local jurisdictions] to comply with the collection service requirements.” For example, SB 1383 regulations require most jurisdictions to create curbside organics recycling programs, but many rural communities lack curbside trash pickup and paved roads that can accommodate heavy garbage trucks. Under the existing law, California’s 19 rural counties (those with populations under 70,000) and the cities within those counties are exempt from collection and procurement obligations through 2026. This bill would further extend the sunset on organic waste collection and procurement targets until January 1, 2037.
Having a sunset on an exemption sends a clear signal that while rural jurisdictions face special challenges in meeting SB 1383 requirements and thus deserve special accommodation, they still have a role to play in diverting organic waste from landfills. It is worth contemplating if a 12-year sunset is sufficiently long enough for local jurisdictions to advance their organics infrastructure while also being sufficiently motivating to advance SB 1383 collection and procurement goals.
Related/Prior Legislation
AB 2346 (Lee, 2024) authorizes jurisdictions to receive procurement credit for investments made in projects that increase organic waste recycling capacity, authorizes locals to do their own waste characterization studies for calculating SB 1383 goals, and allows more sources of compost to be used to reach SB 1383 procurement credit goals. The bill has passed through Senate Appropriations Committee and is awaiting hearing on the floor.
AB 2514 (Aguiar Curry, 2024) establishes a definition of pyrolysis, requires CalRecycle to include pipeline biomethane converted from organic waste as eligible for procurement credit by local jurisdictions. The bill has passed through Senate Appropriations Committee and is awaiting hearing on the floor.
SB 1046 (Laird, 2024) requires CalRecycle to prepare a program environmental impact report that streamlines the California Environmental Quality Act process for small and medium-sized compost facilities. The bill is awaiting hearing on the Senate floor.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appriopriations Committee, there are Ongoing costs, likely in the low hundreds of thousands of dollars annually (special fund), for the Department of Resources Recycling and Recovery (CalRecycle) to facilitate rulemaking, review and approve extension requests, and update procurement targets, among other things.
SUPPORT: (Verified 8/26/24)
California State Association of Counties
California State Association of Counties
County of Monterey
League of California Cities
Republic Services - Western Region
Rural County Representatives of California
OPPOSITION: (Verified 8/26/24)
None received
ASSEMBLY FLOOR: 73-0, 5/21/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
Prepared by: Brynn Cook / E.Q. / (916) 651-4108
8/26/24 17:01:30
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2902 |
THIRD READING
Bill No: AB 2902
Author: Wood (D), et al.
Amended: 8/15/24 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/19/24
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner
SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Seyarto, Wahab
NO VOTE RECORDED: Bradford
ASSEMBLY FLOOR: 73-0, 5/21/24 - See last page for vote
SUBJECT: Solid waste: reduction and recycling
SOURCE: Author
DIGEST:
This bill makes changes to organic waste policy established under SB 1383 (Lara, Chapter 395, Statutes of 2016), including waiving rural jurisdictions from collection and procurement requirements until Jan 1, 2037, and exempting bear bins from the collection bin lid color requirements and making them eligible for CalRecycle grants, among other changes.
ANALYSIS:
Existing law:
- Requires the Air Resources Board (ARB) to develop a comprehensive strategy to reduce the emissions of short-lived climate pollutants (SLCP) to achieve a 40% reduction in methane emissions, a 40% reduction in hydrofluorocarbon gases, and a 50% reduction in anthropogenic black carbon below 2013 levels by 2030. (Health and Safety Code (HSC) § 39730-39730.5)
- Requires the state to reduce the disposal of organic waste by 40% from the 2014 level by 2020 and 75% by 2025 to help achieve the state’s methane reduction goal. (HSC § 39730.6)
- Requires CalRecycle, in consultation with ARB, to adopt regulations to achieve the state’s organic waste reduction requirements. Specifies that the regulations, in part:
- May require jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
- Include requirements intended to meet the goal that not less than 20% of edible food is recovered for human consumption by 2025.
- May include penalties for noncompliance, as specified.
- Specify that penalties for the organic waste procurement target established by CalRecycle which begin January 1, 2023.
- Exempt rural jurisdictions in possession of a rural exemption from the organic procurement targets until January 1, 2026, and authorizes CalRecycle to provide rural counties an extended organic procurement schedule on and after January 1, 2027. (PRC § 42652.5)
- Authorizes CalRecycle to grant waivers to a jurisdiction, and some or all generators located within the jurisdiction, from the requirement to separate and recover food waste and food-soiled paper for recycling if the entire jurisdiction is located at or above 4,500 feet. (California Code of Regulations (CCR) 18984.12)
- Beginning January 1, 2022, requires jurisdictions to annually procure a specified quantity of recovered organic waste products that meets or exceeds its annual organic waste procurement target. Specifies that the organic waste procurement target is calculated by multiplying the per capita procurement target (0.8 tons per resident per year) by the jurisdiction’s population. (CCR § 18993.1)
- Specifies that the organic waste procurement target may be met by procuring:
- Compost from a compost facility or in-vessel digestion facility;
- Renewable gas used for transportation, electricity, or hearing applications;
- Electricity from biomass conversion; or
- Mulch, as specified. (CCR § 18993.1)
- Defines “rural jurisdiction” as a jurisdiction that is located entirely within one or more rural counties, or a regional agency comprised of jurisdictions located within one or more rural counties. Defines “rural county” as a county that has a total population of less than 70,000 persons. (PRC § 42649.8)
- Prohibits the state and local governments from making gifts of public funds to private parties. (Article XVI, Section 6 of the California Constitution)
This bill:
- Specifies that, for purposes of determining a jurisdiction's organic waste procurement target, a jurisdiction's population does not include the number of residents included in a low population or high elevation waiver granted by CalRecycle.
- Extends CalRecycle's rural exemption until January 1, 2037. Requires CalRecycle to adopt regulations to establish a process to renew the exemption after that date for periods of up to 5 years, and, requires a jurisdiction that has a rural exemption to undertake specified actions.
- Waives the requirement that lids be of a certain color established in regulations for bear bins, and makes deploying bear bins eligible for SB 1383 grants allocated by CalRecycle and establishes bear bins as eligible SB 1383 infrastructure.
- Authorizes CalRecycle, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of solid waste facilities about financing that may be available to fund facility improvements and to reduce methane emissions.
- Reduces the frequency of CalRecycle’s review of local jurisdiction AB 939 diversion elements from every two years to every four years
Background
- Organic waste and methane emission reduction goals. In 2016, California passed SB 1383 (Lara, Chapter 395, Statutes of 2016) to reduce emissions of short-lived climate pollutants (SLCP’s), and specifically to reduce methane emissions by 40% relative to 2014 levels by 2030. SB 1383 targets SLCP emissions from organic material decomposing in landfills.
When food and other organic material are discarded in a landfill, bacteria break down the material aerobically (without oxygen), a process that releases methane and other climate pollutants. While modern landfills have systems in place to capture this methane, significant amounts of SLCPs continue to escape from landfills into the atmosphere. According to CalRecycle, landfills are the third largest source of methane in California, and organic waste in landfills emits 20% of the state's methane. Approximately 8.5 million tons of carbon dioxide equivalent were released by landfills in 2020.
Compost facilities, in contrast to landfills, have significantly fewer emissions from organic waste, as composting primarily breaks material down aerobically (with oxygen), which does not produce methane.
To reduce emissions from landfills, SB 1383 set a target of reducing the landfill disposal of organic waste 50% by 2020 and 75% by 2025 relative to the 2014 disposal level. Under SB 1383, the organic waste diverted from landfills must go to organics recovery facilities to make products like compost, fertilizer, fuel, or energy. In addition to these goals, at least 20 percent of the edible food in the organic waste stream must be recovered to feed people by 2025.
- Collection and Procurement targets to reach SB 1383 goals. Broadly, SB 1383, as developed in regulations by CalRecycle in consultation with CARB, operates by requiring every jurisdiction to provide organic waste collection services to all residents and businesses and by creating a destination for that stream of organics by setting annual recovered organic waste procurement targets for jurisdictions.
Procurement targets are based on the average amount of organic waste generated by Californians annually multiplied by the population of a jurisdiction. Jurisdictions must meet their procurement target by procuring (buying) giving away, or creating direct service contracts with entities to use the compost, mulch, biomass electricity, or renewable gas that is generated from the collected organic waste.
- Progress towards SB 1383 goals. The ambitious waste diversion goals established in 1383 have necessitated significant changes to California’s organic waste management infrastructure. Though California has made significant progress towards achieving the goals laid out in SB 1383, there is still some way to go; according to a report by the Little Hoover Commission in 2023, the state failed to reach its 2020 targets and is not on track to reach its 2025 goals. However, since its January 2022 implementation, 75% of California communities (464 out of 616 jurisdictions) report that they have residential organic waste collection in place. According to CalRecycle, California now has 206 organic waste processing facilities and is building 20 more. CalRecycle reports having invested over $220 million in grants and loans for SB 1383 infrastructure.
- SB 1383 waivers, exemptions, and alternative paths. CalRecycle’s SB 1383 regulations establish various waivers and exemptions for local jurisdictions from SB 1383 requirements.
- Low population waivers: Jurisdictions with a total population of less than 7,500 or that disposed of less than 5,000 tons of solid waste in 2014 may apply for a waiver from some or all of the regulations for up to five years.
- Rural exemptions: Jurisdictions that meet the statutory definition of a rural jurisdiction are eligible for an exemption from the regulations if the governing body adopts a resolution, as specified. The exemption is valid until December 31, 2026, or until five years after CalRecycle makes a determination that the statewide disposal of organic waste has not been reduced to 50% of the level of disposal during the 2014 calendar year, whichever is later.
- High elevation waivers: A jurisdiction may apply to CalRecycle for a waiver from the requirement to separate and recover food waste and food-soiled paper if the entire jurisdiction is, or in census tracts located in unincorporated portions of a county that are, located at or above 4,500 feet elevation.
- Jurisdictions can also apply for disaster and emergency waivers, and non-local entities and local education agencies that meet specific criteria can also apply.
According to data provided by CalRecycle in 2024, CalRecycle has issued waivers to 151 jurisdictions from some or all of the organic waste collection requirements. This represents a substantial increase from 54 entities in 2023.
In addition to regulatory action, the Legislature has developed onramps, waivers, and exemptions for local jurisdictions to meet their SB 1383 goals.
In 2022, AB 1985 (R. Rivas, Chapter 344, Statutes of 2022) exempted rural jurisdictions from SB 1383 procurement targets until December 31, 2026, if the jurisdictions already had a rural exemption provided through SB 1383 regulations. AB 1985 also authorized CalRecycle to create a delayed enforcement timeline for penalties for rural local jurisdictions to meet their organic waste procurement targets, and authorized CalRecycle to establish alternative targets to reach SB 1383 goals for these rural jurisdictions
Due to disruptions in progress towards SB 1383 goals induced by the COVID-19 pandemic, SB 619 (Laird, Chapter 508, Statutes of 2021) pushed back the timeline for penalties for local jurisdictions that had not complied with SB 1383 requirements until January 1, 2023. The law authorized CalRecycle to waive civil penalties for failure to comply with SB 1383 if a jurisdiction submitted a Notification of Intent to Comply with their SB 1383 and successfully implemented a Corrective Action Plan (CAP) to correct those violations. SB 619 Corrective Action Plans (CAP). According to data on CalRecycle’s webpage, 126 local jurisdictions used the SB 619 extension and submitted a CAP.
Comments
- Purpose of the Bill. According to the author, “California has made great strides in diverting organic waste from landfill disposal. While the existing regulatory framework is readily adaptable to denser, urban communities, it sometimes fails to accommodate for California’s regional diversity and provides very little flexibility to deal with the implementation challenges in smaller and rural communities. As a result, the greatest implementation challenges and highest anticipated rate increases will occur in rural and sparsely populated areas of the state. AB 2902 provides CalRecycle and local governments with additional flexibility to manage and divert organic waste, facilitates innovation, and seeks to increase the local benefits of edible food recovery.”
- Barring bears? When bears become habituated to obtaining food by raiding garbage cans, they become extremely difficult to deter and may create public health and safety issues. Storing trash in a bear-proof collection bin (“bear box”) has proven an effective management strategy for deterring bears and other wildlife. The cost of a bear box for single-family residences ranges from $800 to $1,500. Local governments and waste management providers have elected to develop a combination of regulations and incentive programs, such as loans and rebates, to support the deployment of these bear boxes.
SB 1383 required that food waste be separated from other waste. Food waste can attract bears and may need to be located in a bear box in areas with high bear density to prevent bears from consuming that waste. CalRecycle currently authorizes jurisdictions to apply for a waiver from the SB 1383 requirement to separate and recover food waste and food-soiled paper if they are located in a high-elevation area where bears are more likely to be present and potentially forage on food waste.
This bill creates a new path to address bear safety concerns by promoting the deployment of bear bins for food waste via two pathways. First, this bill relaxes SB 1383 requirements that bin lids be a specific color. This requirement may be a barrier to deploying bear boxes for local jurisdictions since existing bear boxes may not come in the required colors, and smaller jurisdictions may not have the purchasing power to shift manufacturers' design specifications. In addition, this bill makes bear bins eligible for SB 1383 grants. This could be important in actuating the deployment of bear bins, given that bear-proof bins are more expensive than regular garbage bins.
- A 12-year exemption for rural low-population counties. There are a number of arguments for exempting low-population counties from SB 1383 requirements. According to CalRecycle’s webpage rural, high-elevation, and low-population jurisdictions have a small organic waste footprint and face significant challenges in collecting organic material, noting that it would be “exceedingly expensive for [these local jurisdictions] to comply with the collection service requirements.” For example, SB 1383 regulations require most jurisdictions to create curbside organics recycling programs, but many rural communities lack curbside trash pickup and paved roads that can accommodate heavy garbage trucks
Under the existing law, California’s 19 rural counties (those with populations under 70,000) and the cities within those counties are exempt from collection and procurement obligations through 2026. This bill further extends the sunset on organic waste collection and procurement targets until January 1, 2037.
Having a sunset on an exemption sends a clear signal that while rural jurisdictions face special challenges in meeting SB 1383 requirements and thus deserve special accommodation, they still have a role to play in diverting organic waste from landfills. It is worth contemplating if a 12-year sunset is sufficiently long enough for local jurisdictions to advance their organics infrastructure while also being sufficiently motivating to advance SB 1383 collection and procurement goals.
Related/Prior Legislation
AB 2346 (Lee, 2024) would authorize jurisdictions to receive procurement credit for investments made in projects that increase organic waste recycling capacity, authorizes locals to do their own waste characterization studies for calculating SB 1383 goals, and allows more sources of compost to be used to reach SB 1383 procurement credit goals. This bill has passed through Senate Appropriations Committee and is awaiting hearing on the floor.
AB 2514 (Aguiar Curry, 2024) would establish a definition of pyrolysis, requires CalRecycle to include pipeline biomethane converted from organic waste as eligible for procurement credit by local jurisdictions. The bill has passed through Senate Appropriations Committee and is awaiting hearing on the floor.
SB 1046 (Laird, 2024) would require CalRecycle to prepare a program environmental impact report that streamlines the California Environmental Quality Act process for small and medium-sized compost facilities. This bill is awaiting hearing on the Senate floor.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
• Ongoing costs, likely in the low hundreds of thousands of dollars annually (special fund), for the Department of Resources Recycling and Recovery (CalRecycle) to facilitate rulemaking, review and approve extension requests, and update procurement targets, among other things
SUPPORT: (Verified 8/17/24)
California State Association of Counties
California State Association of Counties (CSAC)
County of Monterey
League of California Cities
Republic Services - Western Region
Rural County Representatives of California (RCRC)
OPPOSITION: (Verified 8/17/24)
None received
ASSEMBLY FLOOR: 73-0, 5/21/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
Prepared by: Brynn Cook / E.Q. / (916) 651-4108
8/19/24 10:55:54
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2902 (Wood) - Organic waste: reduction regulations: exemptions
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would make changes to organic waste policy established under SB 1383 (Lara, Chapter 395, Statutes of 2016), including waiving rural jurisdictions from collection and procurement requirements until Jan 1, 2037, exempting bear bins from the collection bin lid color requirements., and authorizing creation of alternative programs for jurisdictions that generate 200,000 tons or less of solid waste.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 15, 2024
Fiscal Impact:
- Ongoing costs, likely in the low hundreds of thousands of dollars annually (special fund), for the Department of Resources Recycling and Recovery (CalRecycle) to facilitate rulemaking, review and approve extension requests, and update procurement targets, among other things.
Author Amendments:
These amendments would remove the three-year compliance glide-path for jurisdictions that eventually exceed the 70,000 person rural population limit; remove the ability for counties with less than 200,000 tons of annual waste to propose alternative organic material management programs to CalRecycle; and remove the requirement for CalRecycle to develop training and technical assistance to local governments for community composting operations.
They would provide a 10-year statutory exemption that can be extended by CalRecycle for additional five-year periods; allow CalRecycle’s existing grant program to provide funding to purchase and deploy bear bins for the collection of solid and organic waste; and reduce the frequency of CalRecycle’s review of local jurisdiction AB 939 diversion elements from every two years to every four years.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2902 (Wood) - Organic waste: reduction regulations: exemptions
Version: June 20, 2024 | Policy Vote: E.Q. 7 - 0 |
Urgency: No | Mandate: No |
Hearing Date: August 12, 2024 | Consultant: Ashley Ames |
Bill Summary:
This bill would make changes to organic waste policy established under SB 1383 (Lara, Chapter 395, Statutes of 2016), including waiving rural jurisdictions from collection and procurement requirements until Jan 1, 2037, exempting bear bins from the collection bin lid color requirements., and authorizing creation of alternative programs for jurisdictions that generate 200,000 tons or less of solid waste.
Fiscal Impact:
- The Department of Resources Recycling and Recovery (CalRecycle) estimates ongoing costs of $345,000 annually (special fund) for two positions to facilitate rulemaking, develop and review alternative or modified organic waste diversion and recycling programs, review and approve extension requests, update procurement targets, and provide technical assistance and support to jurisdictions.
Background:
In 2016, California passed SB 1383 (Lara, Chapter 395, Statutes of 2016) to reduce emissions of short-lived climate pollutants (SLCP’s), and specifically to reduce methane emissions by 40% relative to 2014 levels by 2030. SB 1383 targets SLCP emissions from organic material decomposing in landfills
When food and other organic material are discarded in a landfill, bacteria break down the material aerobically (without oxygen), a process that releases methane and other climate pollutants. While modern landfills have systems in place to capture this methane, significant amounts of SLCPs continue to escape from landfills into the atmosphere. According to CalRecycle, landfills are the third largest source of methane in California, and organic waste in landfills emits 20% of the state's methane. Approximately 8.5 million tons of carbon dioxide equivalent were released by landfills in 2020.
Compost facilities, in contrast to landfills, have significantly fewer emissions from organic waste, as composting primarily breaks material down aerobically (with oxygen), which does not produce methane
To reduce emissions from landfills, SB 1383 set a target of reducing the landfill disposal of organic waste 50% by 2020 and 75% by 2025 relative to the 2014 disposal level. Under SB 1383, the organic waste diverted from landfills must go to organics recovery facilities to make products like compost, fertilizer, fuel, or energy. In addition to these goals, at least 20% of the edible food in the organic waste stream must be recovered to feed people by 2025.
CalRecycle reports that meeting the goals of SB 1383 would be equivalent to removing 3 million cars worth of climate pollution. CalRecycle was given the authority to adopt regulations that would achieve these organic waste reduction requirements. After significant public engagement and workshopping over the course of several years, in 2020, CalRecycle adopted its regulations for Short-lived Climate Pollutants (SB 1383 Regulations).
The ambitious waste diversion goals established in SB 1383 have necessitated significant changes to California’s organic waste management infrastructure. Though California has made significant progress towards achieving the goals laid out in SB 1383, there is still some way to go; according to a report by the Little Hoover Commission in 2023, the state failed to reach its 2020 targets and is not on track to reach its 2025 goals. However, since its January 2022 implementation, 75% of California communities (464 out of 616 jurisdictions) report that they have residential organic waste collection in place. According to CalRecycle, California now has 206 organic waste processing facilities and is building 20 more. CalRecycle reports having invested over $220 million in grants and loans for SB 1383 infrastructure.
Broadly, SB 1383 operates by requiring every jurisdiction to provide organic waste collection services to all residents and businesses and by creating a destination for that stream of recovered organics by setting annual recovered organic waste procurement targets for jurisdictions.
Organic waste can be recycled into several useful products, including composting the material, which generates compost that can be used in gardening and agriculture as a soil amendment. Anaerobic digestion is also widely used to recycle organic wastes. This technology uses bacteria to break down the material in the absence of oxygen and produces biogas, which can be used as fuel, and digestate, which can also be used as a soil amendment. Some organic material, like tree trimmings and pruning, can be chipped up into mulch.
To make sure that there are adequate markets for the state’s increasing quantities of products made from diverted organic waste under SB 1383, CalRecycle has established organic material procurement requirements for local jurisdictions as part of the SB 1383 regulations. The procurement targets are based on the average amount of organic waste generated by Californians annually multiplied by the population of a jurisdiction. Jurisdictions can meet the target by procuring, giving away, or arranging for the use of the material through contracts with direct service providers. Eligible materials include compost, mulch, biomass electricity, or renewable gas, as specified.
SB 1383 waivers, exemptions, and alternative paths. CalRecycle’s SB 1383 regulations establish various waivers and exemptions for local jurisdictions from SB 1383 requirements.
- Low population waivers: Jurisdictions with a total population of less than 7,500 or that disposed of less than 5,000 tons of solid waste in 2014 may apply for a waiver from some or all of the regulations for up to five years.
- Rural exemptions: Jurisdictions that meet the statutory definition of a rural jurisdiction are eligible for an exemption from the regulations if the governing body adopts a resolution, as specified. The exemption is valid until December 31, 2026, or until five years after CalRecycle makes a determination that the statewide disposal of organic waste has not been reduced to 50% of the level of disposal during the 2014 calendar year, whichever is later.
- High elevation waivers: A jurisdiction may apply to CalRecycle for a waiver from the requirement to separate and recover food waste and food-soiled paper if the entire jurisdiction is, or in census tracts located in unincorporated portions of a county that are, located at or above 4,500 feet elevation.
- Jurisdictions can also apply for disaster and emergency waivers, and non-local entities and local education agencies that meet specific criteria can also apply.
According to data provided by CalRecycle in 2024, CalRecycle has issued waivers to 151 jurisdictions from some or all of the organic waste collection requirements. This represents a substantial increase from 54 entities in 2023.
In addition to regulatory action, the Legislature has developed onramps, waivers, and exemptions for local jurisdictions to meet their SB 1383 goals.
In 2022, AB 1985 (R. Rivas, Chapter 344, Statues of 2022) exempted rural jurisdictions from SB 1383 procurement targets until December 31, 2026, if the jurisdictions already had a rural exemption provided through SB 1383 regulations. AB 1985 also authorized CalRecycle to create a delayed enforcement timeline for penalties for rural local jurisdictions to meet their organic waste procurement targets, and authorized CalRecycle to establish alternative targets to reach SB 1383 goals for these rural jurisdictions
Due to disruptions in progress towards SB 1383 goals induced by the COVID-19 pandemic, SB 619 (Laird, Chapter 508, Statutes of 2021) pushed back the timeline for penalties for local jurisdictions that had not complied with SB 1383 requirements until January 1, 2023. The law authorized CalRecycle to waive civil penalties for failure to comply with SB 1383 if a jurisdiction submitted a Notification of Intent to Comply with their SB 1383 and successfully implemented a Corrective Action Plan (CAP) to correct those violations. SB 619 Corrective Action Plans (CAP). According to data on CalRecycle’s webpage, 126 local jurisdictions used the SB 619 extension and submitted a CAP.
Proposed Law:
This bill would make changes to organic waste policy established under SB 1383. Specifically this bill would:
- Require CalRecycle, as part of its organic waste reduction regulations, to evaluate ways to maximize local benefits of edible food recovery programs, explore circumstances in which recovered food may be more suitable for use in local animal feed operations, and evaluate ways to incentivize carbon farming that advances healthy soils.
- Specify that, for purposes of determining a jurisdiction's organic waste procurement target, a jurisdiction's population does not include the number of residents included in a low population or high elevation waiver granted by CalRecycle.
- Extend CalRecycle's rural exemption until January 1, 2037. Requires CalRecycle to adopt regulations to establish a process to renew the exemption after that date for periods of up to 10 years, and, requires a jurisdiction that has a rural exemption to undertake specified actions.
- Specify that a jurisdiction that no longer qualifies for a rural exemption due to an increase in population has three years from the date the jurisdiction's population exceeds 70,000 persons to comply with specified organic waste collection and procurement requirements.
- Authorize a county that does not qualify for a rural exemption but that generates less than 200,000 tons of solid waste annually to request CalRecycle's approval for an alternative or modified organic waste diversion and recycling program, as specified. Requires CalRecycle, in considering an alternative or modified program, to give consideration to the extent to which a jurisdiction diverts organic waste generated from agricultural and wildfire risk reduction projects from landfill disposal.
- Specify that bear bins are not required to comply with lid color requirements.
- Requires CalRecycle to develop training and technical assistance materials to assist local governments in promoting the expansion of community composting operations, as specified.
- Authorize CalRecycle, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of solid waste facilities about financing that may be available to fund facility improvements and to reduce methane emissions.
Related Legislation:
AB 2346 (Lee) would authorize local jurisdictions to be credited for the procurement of recovered organic waste products through contracts with direct service providers and authorizes jurisdictions to receive procurement credit for investments made in projects that increase organic waste recycling capacity.
AB 2514 (Aguiar Curry) would establish a definition of pyrolysis, requires CalRecycle to include hydrogen and pipeline biomethane converted from organic waste as eligible for procurement credit by local jurisdictions, and requires CalRecycle to consider “life-cycle” analysis when providing incentives to facilitate progress toward the organic waste reduction targets.
SB 1046 (Laird) would require CalRecycle to prepare a program environmental impact report that streamlines the California Environmental Quality Act process for small and medium-sized compost facilities.
SB 1175 (Ochoa Bogh) would require CalRecycle to consider alternatives to census tracts when establishing the boundaries for a low-population or elevation waiver from the state’s organic waste reduction requirements.
SB 972 would direct CalRecycle to develop procedures for local jurisdictions to request technical assistance from the department on SB 1383 implementation. Requires the department to submit two reports to the Legislature on SB 1383 implementation.
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SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Allen, Chair
2023 - 2024 Regular
Bill No. | AB 2902 | Hearing Date: | 6/19/2024 |
Author: | Wood | ||
Version: | 4/10/2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Brynn Cook | ||
SUBJECT: Organic waste: reduction regulations: exemptions
DIGEST: This bill makes changes to organic waste policy established under SB 1383 (Lara, Chapter 395, Statutes of 2016), including waiving rural jurisdiction from SB 1383 collection and procurement requirements until Jan 1, 2037, authorizing California Department of Resources Recycling and Recovery (CalRecycle) to waive SB 1383 food waste separation requirements for areas in which bears pose a public safety issue, and authorizing creation of alternative programs for jurisdictions that generate 200,000 tons or less of solid waste.
ANALYSIS:
Existing law:
- Requires the Air Resources Board (ARB) to develop a comprehensive strategy to reduce the emissions of short-lived climate pollutants (SLCP) to achieve a 40% reduction in methane emissions, a 40% reduction in hydrofluorocarbon gases, and a 50% reduction in anthropogenic black carbon below 2013 levels by 2030. (Health and Safety Code (HSC) § 39730-39730.5)
- Requires the state to reduce the disposal of organic waste by 40% from the 2014 level by 2020 and 75% by 2025 to help achieve the state’s methane reduction goal. (HSC § 39730.6)
- Requires CalRecycle, in consultation with ARB, to adopt regulations to achieve the state’s organic waste reduction requirements. Specifies that the regulations, in part:
- May require jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
- Include requirements intended to meet the goal that not less than 20% of edible food is recovered for human consumption by 2025.
- May include penalties for noncompliance, as specified.
- Specify that penalties for the organic waste procurement target established by CalRecycle shall be imposed on the following schedule
- On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meet or exceed 30% of its recovered organic waste procurement target;
- On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meet or exceed 65% of its recovered organic waste procurement target; and
- On and after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meet or exceed 100% of its recovered organic waste procurement target.
- Exempt rural jurisdictions in possession of a rural exemption from the organic procurement targets until January 1, 2026, and authorizes CalRecycle to provide rural counties an extended organic procurement schedule on and after January 1, 2027. (PRC § 42652.5)
- Authorizes CalRecycle to grant waivers to a jurisdiction, and some or all generators located within the jurisdiction, from the requirement to separate and recover food waste and food-soiled paper for recycling if the entire jurisdiction is located at or above 4,500 feet. (California Code of Regulations (CCR) 18984.12)
- Beginning January 1, 2022, requires jurisdictions to annually procure a specified quantity of recovered organic waste products that meets or exceeds its annual organic waste procurement target. Specifies that the organic waste procurement target is calculated by multiplying the per capita procurement target (0.8 tons per resident per year) by the jurisdiction’s population. (CCR § 18993.1)
- Specifies that the organic waste procurement target may be met by procuring:
- Compost from a compost facility or in-vessel digestion facility;
- Renewable gas used for transportation, electricity, or hearing applications;
- Electricity from biomass conversion; or
- Mulch, as specified. (CCR § 18993.1)
- Defines “rural jurisdiction” as a jurisdiction that is located entirely within one or more rural counties, or a regional agency comprised of jurisdictions located within one or more rural counties. Defines “rural county” as a county that has a total population of less than 70,000 persons. (PRC § 42649.8)
- Prohibits the state and local governments from making gifts of public funds to private parties. (Article XVI, Section 6 of the California Constitution)
This bill:
- Requires CalRecycle, as part of its organic waste reduction regulations, to evaluate ways to maximize local benefits of edible food recovery programs, explore circumstances in which recovered food may be more suitable for use in local animal feed operations, and evaluate ways to incentivize carbon farming.
- Specifies that, for purposes of determining a jurisdiction's organic waste procurement target, a jurisdiction's population does not include the number of residents included in a low population or high elevation waiver granted by CalRecycle.
- Extends CalRecycle's rural exemption until January 1, 2037. Requires CalRecycle to adopt regulations to establish a process to renew the exemption after that date for periods of up to 10 years, and, requires a jurisdiction that has a rural exemption to undertake specified actions.
- Specifies that a jurisdiction that no longer qualifies for a rural exemption due to an increase in population has three years from the date the jurisdiction's population exceeds 70,000 persons to comply with specified organic waste collection and procurement requirements.
- Authorizes a county that does not qualify for a rural exemption but that generates less than 200,000 tons of solid waste annually to request CalRecycle's approval for an alternative or modified organic waste diversion and recycling program, as specified. Requires CalRecycle, in considering an alternative or modified program, to give consideration to the extent to which a jurisdiction diverts organic waste generated from agricultural and wildfire risk reduction projects from landfill disposal.
- Authorizes CalRecycle, upon request by a local jurisdiction, to issue a waiver to a jurisdiction that does not qualify for a high elevation waiver if there are significant public safety issues associated with food waste collection as a result of local bear populations, as specified.
- Requires CalRecycle to develop training and technical assistance materials to assist local governments in promoting the expansion of community composting operations, as specified.
- Authorizes CalRecycle, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of solid waste facilities about financing that may be available to fund facility improvements and to reduce methane emissions.
Background
- Organic Waste and Short-Lived Climate Pollutants. Organic material accounts for more than a third of California’s waste stream: the nearly 6 million tons of food waste that Californians dispose of alone accounts for approximately 18% of landfilled material, and yard waste accounts for another seven percent of the total waste stream. CalRecycle reports that 2.5 billion meals worth of potentially donatable food is landfilled in a year. Organic waste is not only a high volume problem in landfills— it also has an oversized impact on climate. According to CalRecycle, methane emissions from decomposing organic waste in landfills account for approximately 20% of the State’s total methane emissions. Methane is a climate “super pollutant” that is 84 times more potent than carbon dioxide over a 20-year timescale.
- Organic waste and methane emission reduction goals. In 2016, California passed SB 1383 (Lara, Chapter 395, Statutes of 2016) to reduce emissions of short-lived climate pollutants (SLCP’s), and specifically to reduce methane emissions by 40% relative to 2014 levels by 2030. SB 1383 targets SLCP emissions from organic material decomposing in landfills
When food and other organic material are discarded in a landfill, bacteria break down the material aerobically (without oxygen), a process that releases methane and other climate pollutants. While modern landfills have systems in place to capture this methane, significant amounts of SLCPs continue to escape from landfills into the atmosphere. According to CalRecycle, landfills are the third largest source of methane in California, and organic waste in landfills emits 20% of the state's methane. Approximately 8.5 million tons of carbon dioxide equivalent were released by landfills in 2020.
Compost facilities, in contrast to landfills, have significantly fewer emissions from organic waste, as composting primarily breaks material down aerobically (with oxygen), which does not produce methane.
To reduce emissions from landfills, SB 1383 set a target of reducing the landfill disposal of organic waste 50% by 2020 and 75% by 2025 relative to the 2014 disposal level. Under SB 1383, the organic waste diverted from landfills must go to organics recovery facilities to make products like compost, fertilizer, fuel, or energy. In addition to these goals, at least 20 percent of the edible food in the organic waste stream must be recovered to feed people by 2025.
- Collection and Procurement targets to reach SB 1383 goals. Broadly, SB 1383, as developed in regulations by CalRecycle in consultation with CARB, operates by requiring every jurisdiction to provide organic waste collection services to all residents and businesses and by creating a destination for that stream of organics by setting annual recovered organic waste procurement targets for jurisdictions.
Procurement targets are based on the average amount of organic waste generated by Californians annually multiplied by the population of a jurisdiction. Jurisdictions must meet their procurement target by procuring (buying) giving away, or creating direct service contracts with entities to use the compost, mulch, biomass electricity, or renewable gas that is generated from the collected organic waste.
- Progress towards SB 1383 goals. The ambitious waste diversion goals established in 1383 have necessitated significant changes to California’s organic waste management infrastructure. Though California has made significant progress towards achieving the goals laid out in SB 1383, there is still some way to go; according to a report by the Little Hoover Commission in 2023, the state failed to reach its 2020 targets and is not on track to reach its 2025 goals. However, since its January 2022 implementation, 75% of California communities (464 out of 616 jurisdictions) report that they have residential organic waste collection in place. According to CalRecycle, California now has 206 organic waste processing facilities and is building 20 more. CalRecycle reports having invested over $220 million in grants and loans for SB 1383 infrastructure.
- SB 1383 waivers, exemptions, and alternative paths. CalRecycle’s SB 1383 regulations establish various waivers and exemptions for local jurisdictions from SB 1383 requirements.
- Low population waivers: Jurisdictions with a total population of less than 7,500 or that disposed of less than 5,000 tons of solid waste in 2014 may apply for a waiver from some or all of the regulations for up to five years.
- Rural exemptions: Jurisdictions that meet the statutory definition of a rural jurisdiction are eligible for an exemption from the regulations if the governing body adopts a resolution, as specified. The exemption is valid until December 31, 2026, or until five years after CalRecycle makes a determination that the statewide disposal of organic waste has not been reduced to 50% of the level of disposal during the 2014 calendar year, whichever is later.
- High elevation waivers: A jurisdiction may apply to CalRecycle for a waiver from the requirement to separate and recover food waste and food-soiled paper if the entire jurisdiction is, or in census tracts located in unincorporated portions of a county that are, located at or above 4,500 feet elevation.
- Jurisdictions can also apply for disaster and emergency waivers, and non-local entities and local education agencies that meet specific criteria can also apply.
According to data provided by CalRecycle in 2024, CalRecycle has issued waivers to 151 jurisdictions from some or all of the organic waste collection requirements. This represents a substantial increase from 54 entities in 2023.
In addition to regulatory action, the Legislature has developed onramps, waivers, and exemptions for local jurisdictions to meet their SB 1383 goals.
In 2022, AB 1985 (R. Rivas, Chapter 344, Statues of 2022) exempted rural jurisdictions from SB 1383 procurement targets until December 31, 2026, if the jurisdictions already had a rural exemption provided through SB 1383 regulations. AB 1985 also authorized CalRecycle to create a delayed enforcement timeline for penalties for rural local jurisdictions to meet their organic waste procurement targets, and authorized CalRecycle to establish alternative targets to reach SB 1383 goals for these rural jurisdictions
Due to disruptions in progress towards SB 1383 goals induced by the COVID-19 pandemic, SB 619 (Laird, Chapter 508, Statutes of 2021) pushed back the timeline for penalties for local jurisdictions that had not complied with SB 1383 requirements until January 1, 2023. The law authorized CalRecycle to waive civil penalties for failure to comply with SB 1383 if a jurisdiction submitted a Notification of Intent to Comply with their SB 1383 and successfully implemented a Corrective Action Plan (CAP) to correct those violations. SB 619 Corrective Action Plans (CAP). According to data on CalRecycle’s webpage, 126 local jurisdictions used the SB 619 extension and submitted a CAP.
Comments
- Purpose of Bill. According to the author, “California has made great strides in diverting organic waste from landfill disposal. While the existing regulatory framework is readily adaptable to denser, urban communities, it sometimes fails to accommodate for California’s regional diversity and provides very little flexibility to deal with the implementation challenges in smaller and rural communities. As a result, the greatest implementation challenges and highest anticipated rate increases will occur in rural and sparsely populated areas of the state. AB 2902 provides CalRecycle and local governments with additional flexibility to manage and divert organic waste, facilitates innovation, and seeks to increase the local benefits of edible food recovery.”
- Where are the bears? According to CDFW, while black bears historically live in natural mountainous regions of the State, their range has shifted into rural and residential areas as human encroachment restricts their habitat. Bears have been documented almost everywhere in the state, including in residential urban areas.
One of the driving factors leading bears into human-inhabited areas is the opportunity to forage on human garbage. When bears become habituated to obtaining food by raiding garbage cans, they become extremely difficult to deter and may create public health and safety issues. Storing trash in a bear-proof collection bin (“bear box”) has proven an effective management strategy for deterring bears and other wildlife. The cost of a bear box for single-family residences ranges from $800 to $1,500. Local governments and waste management providers have elected to develop a combination of regulations and incentive programs, such as loans and rebates, to support the deployment of these bear boxes.
SB 1383 requires that food waste be separated from other waste. Food waste can attract bears and may need to be located in a bear box in areas with high bear density to prevent bears from consuming that waste. CalRecycle currently authorizes jurisdictions to apply for a waiver from the SB 1383 requirement to separate and recover food waste and food-soiled paper if they are located in a high-elevation area where bears are more likely to be present and potentially forage on food waste.
AB 2902 extends the application of this waiver to anywhere in the state where there are significant public safety issues associated with food waste collection as a result of local bear populations. However, because bears can intrude almost anywhere in the State, allowing an exemption for jurisdictions with any human-bear interactions could exempt the entire state from meeting those SB 1383 requirements.
Instead of extending a waiver, the issue of bear safety could be resolved by having bear-proof bins for the separated food waste. However, not only are bear-safe bins more expensive, current SB 1383 regulations set strict requirements waste containers to come in set colors and specifically to have matching lid colors. This lid color requirement may be a barrier to implementation for local jurisdictions since existing bear boxes may not come in the required colors, and smaller jurisdictions may not have the purchasing power to shift manufacturers' design specifications.
To address the bear issue without incidentally capturing urban areas with occasional human-bear interactions, the author and committee may wish to specify that food waste collected in bear bins does not have to meet the color requirements established in SB 1383 regulations.
- Alternative plans: onramp or off-ramp? AB 2902 would allow counties that generate less than 200,000 tons of solid waste annually to request CalRecycle’s approval of an alternative or modified organic waste diversion and recycling program for unincorporated areas of the county. These alternative programs would also specifically authorize the inclusion of agricultural and forest-derived organic waste to meet organic waste diversion goals.
Giving locals the opportunity to develop alternative programs that align with SB 1383 goals could allow for more tailored solutions and act as an important onramp to compliance with SB 1383 for these jurisdictions. At the same time, strong guardrails are needed to ensure that such an alternative pathway does not become a defacto offramp from SB 1383 goals.
To ensure that alternative programs are rigorous, enforceable, and moving on appropriate timelines, the author and committee may wish to add more specificity to the process and content of alternative programs, including:
- Specifying that while an alternative plan is being contemplated, local jurisdictions must still comply with ongoing SB 1383 goals;
- Establishing timelines for local jurisdictions to develop a plan and for CalRecycle to review and approve or deny such a plan; and
- Authorizing CalRecycle to have enforcement authority mirroring enforcement in SB 1383 to ensure that alternative programs are implemented.
The proposed alternative program would allow locals to include agricultural and forest-derived organic waste as part of meeting their organic waste diversion goals. This may make good sense in cases where agricultural and forest-derived organic waste is otherwise being landfilled or left to decompose where it falls. However, guardrails are needed to ensure that this provision does not inadvertently create an industry for harvesting forested areas specifically to achieve SB 1383 goals.
The author and committee may wish to include a narrow definition of forest biomass waste to only include biomass that is removed to reduce or mitigate the risk of wildfire, reduce the risk to public safety or infrastructure from falling trees or tree limbs, or create defensible space, or for forest restoration projects.
- 15-year exemption for rural low-population counties. There are a number of arguments for exempting low-population counties from SB 1383 requirements. According to CalRecycle’s webpage rural, high-elevation, and low-population jurisdictions have a small organic waste footprint and face significant challenges in collecting organic material, noting that it would be “exceedingly expensive for [these local jurisdictions] to comply with the collection service requirements.” For example, SB 1383 regulations require most jurisdictions to create curbside organics recycling programs, but many rural communities lack curbside trash pickup and paved roads that can accommodate heavy garbage trucks
Under the existing law, California’s 19 rural counties (those with populations under 70,000) and the cities within those counties are exempt from collection and procurement obligations through 2026. AB 2902 would further extend the sunset on organic waste collection and procurement targets until January 1, 2037.
Some rural counties may cross over the 70,000 population threshold during this 15-year sunset and lose their eligibility for the exemption. To ensure that this data is updated regularly to account for changes in population, the author and committee may wish to specify that the timeline to re-evaluate population is based on the Department of Finance population estimates annually to get a yearly update to evaluate if districts are still eligible for this exemption based on their populations.
Having a sunset on an exemption sends a clear signal that while rural jurisdictions face special challenges in meeting SB 1383 requirements and thus deserve special accommodation, they still have a role to play in diverting organic waste from landfills. It is worth contemplating if a 15-year sunset is sufficiently long enough for local jurisdictions to advance their organics infrastructure while also being sufficiently motivating to advance SB 1383 collection and procurement goals.
- What is carbon farming? ‘Carbon farming’ refers to a range of land use and land management practices designed to reduce emissions from farming activities, or sequester carbon in natural sinks such as soil and vegetation. This can include a range of practices to enhance soil health, including adopting no-till cropping practices or applying mulch to bare soil. However, carbon farming can also entail reforestation of cleared lands, protecting native lands, reducing emissions from livestock through changes in feed, or preventing vegetation from being cleared. While these may be important actions to sequester carbon, they do not reduce organic waste disposal.
The author and committee may wish to specify that incentives for carbon farming should focus on carbon farming that advances healthy soils (like applying mulch to bare soils).
Related/Prior Legislation
A number of bills relating to organic waste management have been introduced this year. As the bills move through the process, the authors should work together with CalRecycle, stakeholders, and the relevant policy committees to ensure that the bills are complementary and not duplicative or conflicting. The bills include:
AB 2346 (Lee) authorizes local jurisdictions to be credited for the procurement of recovered organic waste products through contracts with direct service providers and authorizes jurisdictions to receive procurement credit for investments made in projects that increase organic waste recycling capacity. This bill has passed through the Assembly and is pending hearing in the Senate Environmental Quality Committee.
AB 2514 (Aguiar Curry) establishes a definition of pyrolysis, requires CalRecycle to include hydrogen and pipeline biomethane converted from organic waste as eligible for procurement credit by local jurisdictions, and requires CalRecycle to consider “life-cycle” analysis when providing incentives to facilitate progress toward the organic waste reduction targets. This bill has passed through the Assembly and is pending hearing in the Senate Environmental Quality Committee.
SB 1046 (Laird) requires CalRecycle to prepare a program environmental impact report that streamlines the California Environmental Quality Act process for small and medium-sized compost facilities. This bill passed out of Senate and is pending hearing in the Assembly Natural Resources Committee.
SB 1175 (Ochoa Bogh) requires CalRecycle to consider alternatives to census tracts when establishing the boundaries for a low-population or elevation waiver from the state’s organic waste reduction requirements. This bill passed out of Senate and is pending hearing in the Assembly Natural Resources Committee.
SB 972 directs CalRecycle to develop procedures for local jurisdictions to request technical assistance from the department on SB 1383 implementation. Requires the department to submit two reports to the Legislature on SB 1383 implementation. This bill passed out of Senate and is pending hearing in the Assembly Natural Resources Committee.
SUPPORT:
California State Association of Counties
County of Monterey
League of California Cities
Republic Services - Western Region
Rural County Representatives of California (RCRC)
OPPOSITION:
None received
Positions reflect letters received by noon one week prior to the hearing.
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ASSEMBLY THIRD READING
ATR Bill Id:AB 2902
Author:(Wood)
As Amended Ver:April 10, 2024
Majority vote
SUMMARY
This bill provides additional flexibility to certain local governments that are subject to the state's organic waste diversion requirements.
Major Provisions
- Requires the Department of Resources Recycling and Recovery (CalRecycle), as part of its organic waste reduction regulations, to evaluate ways to maximize local benefits of edible food recovery programs, explore circumstances in which recovered food may be more suitable for use in local animal feed operations, and evaluate ways to incentivize carbon farming.
- Specifies that, for purposes of determining a jurisdiction's organic waste procurement target, a jurisdiction's population does not include the number of residents included in a low population or high elevation waiver granted by CalRecycle.
- Extends CalRecycle's rural exemption until January 1, 2037; requires CalRecycle to adopt regulations to establish a process to renew the exemption after that date for periods of up to 10 years; and, requires a jurisdiction that has a rural exemption to undertake specified actions.
- Specifies that a jurisdiction that no longer qualifies for a rural exemption due to an increase in population has three years from the date the jurisdiction's population exceeds 70,000 persons to comply with specified organic waste collection and procurement requirements.
- Authorizes a county that does not qualify for a rural exemption but that generates less than 200,000 tons of solid waste annually to request CalRecycle's approval for an alternative or modified organic waste diversion and recycling program, as specified. Requires CalRecycle, in considering an alternative or modified program, to give consideration to the extent to which a jurisdiction diverts organic waste generated from agricultural and wildfire risk reduction projects from landfill disposal.
- Authorizes CalRecycle, upon request by a local jurisdiction, to issue a waiver to a jurisdiction that does not qualify for a high elevation waiver if there are significant public safety issues associated with food waste collection as a result of local bear populations, as specified.
- Requires CalRecycle to develop training and technical assistance materials to assist local governments in promoting the expansion of community composting operations, as specified.
- Authorizes CalRecycle, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of solid waste facilities about financing that may be available to fund facility improvements and to reduce methane emissions.
COMMENTS
Organic waste recycling. An estimated 35 million tons of waste are disposed of in California's landfills annually. More than half of the materials landfilled are organics. CalRecycle's 2021 waste characterization study, found that 34% of disposed waste is organic waste. According to University of California Los Angeles Center for Health Policy Research, more than a third of Californians (39%) can’t afford enough food. In spite of widespread food insecurity, 11.2 billion pounds of food is disposed of annually in the state.
SB 1383 (Lara), Chapter 395, Statutes of 2016, requires ARB to approve and implement a comprehensive SLCP strategy to achieve, from 2013 levels, a 40% reduction in methane, a 40% reduction in hydrofluorocarbon gases, and a 50% reduction in anthropogenic black carbon, by 2030. In order to accomplish these goals, the law specifies that the methane emission reduction goals include targets to reduce the landfill disposal of organic waste, including food, 50% by 2020 and 75% by 2025 from the 2014 level. SB 1383 also requires that by 2025, 20% of edible food that would otherwise be sent to landfills is redirected to feed people. Specifically, the law requires: jurisdictions to establish food recovery programs and strengthen existing food recovery networks; food donors to arrange to recover the maximum amount of edible food; and, food recovery organizations and services that participate in SB 1383 to maintain specified records.
To achieve this, California's waste management infrastructure is going to have to process and recycle much higher quantities of organic materials, involving significant investments in additional processing infrastructure. Organic waste is primarily recycled by composting the material, which generates compost that can be used in gardening and agriculture as a soil amendment and engineering purposes for things like slope stabilization. Anaerobic digestion is also widely used to recycle organic wastes. This technology uses bacteria to break down the material in the absence of oxygen and produces biogas, which can be used as fuel, and digestate, which can also be used as a soil amendment. Tree trimmings and prunings can also be mulched.
In order to ensure that there are adequate markets for the state's increasing quantities of products made from organic waste, like mulch, compost, and digestate, CalRecycle established procurement requirements for local jurisdictions. The procurement targets are based on the average amount of organic waste generated by Californians annually multiplied by the population of a jurisdiction. Jurisdictions can meet the target by procuring, giving away, or arranging for the use of the material through contracts with direct service providers. Eligible materials include compost, mulch, biomass electricity, or renewable gas, as specified.
Compliance with SB 1383 requirements is particularly challenging for less-populous areas of the state. Implementing the kinds of collection and recycling systems that work well in urban areas is infeasible in more rural areas. Altogether, the 19 counties that are currently eligible for the rural exemption have fewer than 600,000 residents; in some areas the population density drops below 10 per square mile. In higher elevations, roads can become impassable for collection trucks due to snow. These challenges make compliance disproportionately high for these communities.
Waivers and exemptions. CalRecycle's SB 1383 regulations establish various waivers and exemptions for local jurisdictions from SB 1383 requirements:
- Low population waivers: Jurisdictions with a total population less than 7,500 or that disposed less than 5,000 tons of solid waste in 2014 may apply for a waiver from some or all of the regulations for up to five years.
- Rural exemptions: Jurisdictions that meet the statutory definition of a rural jurisdiction are eligible for an exemption from the regulations if the governing body adopts a resolution, as specified. The exemption is valid until December 31, 2026, or until five years after CalRecycle makes a determination that the statewide disposal of organic waste has not been reduced to 50% of the level of disposal during the 2014 calendar year, whichever is later.
- High elevation waivers: A jurisdiction may apply to CalRecycle for a waiver from the requirement to separate and recover food waste and food-soiled paper if the entire jurisdiction is, or in census tracts located in unincorporated portions of a county that are, located at or above 4,500 feet elevation.
This bill. This bill is intended to ease compliance with the state's organic waste recycling laws and regulations for local jurisdictions. It does so by extending and expanding current waivers and exemptions granted to rural and high elevation jurisdictions. Additionally, it creates a new exemption for jurisdictions where there are "significant public safety issues" associated with food waste collection due to local bear populations. Given how extensive bear habitat is in the state, this provision may result in a significant increase in the number of jurisdictions exempted from the state's food waste collection requirements.
This bill establishes scaled-back, alternative requirements for those local jurisdictions beginning January 1, 2027, and creates a three-year compliance onramp for local jurisdictions that lose their rural exemption due to an increase in population. Counties that do not meet the definition of a rural county would be authorized to request alternate or modified requirements for low-population areas within the county.
This bill makes additional changes to the program to expand smaller-scale organics recycling programs that are more appropriate for rural and less-populous jurisdictions, such as community composting. Finally, the bill authorizes CalRecycle, in conjunction with the California Pollution Control Financing Authority and the Infrastructure and Economic Development Bank, to provide information to owners and operators of solid waste facilities about financing available to fund improvements that reduce methane emissions.
According to the Author
California has made great strides in diverting organic waste from landfill disposal. While the existing regulatory framework is readily adaptable to denser, urban communities, it sometimes fails to accommodate for California's regional diversity and provides very little flexibility to deal with the implementation challenges in smaller and rural communities. As a result, the greatest implementation challenges and highest anticipated rate increases will occur in rural and sparsely populated areas of the state. AB 2902 provides CalRecycle and local governments with additional flexibility to manage and divert organic waste, facilitates innovation, and seeks to increase the local benefits of edible food recovery.
Arguments in Support
The Rural County Representatives of California state:
Assembly Bill 2902 provides additional flexibility to local governments implementing the state's SB 1383 organic waste diversion objectives. SB 1383 requires the state to reduce landfill disposal of organic waste 75% below 2014 levels by 2025. CalRecycle's implementing regulations are generally tailored to dovetail within the solid waste collection system that exists in urban areas, but they are sometimes poorly suited to deal with the needs and challenges of lower-population and rural areas and afford very little flexibility for those situations. As a result, the greatest implementation challenges and highest anticipated rate increases will occur in rural and sparsely populated areas of the state. AB 2902 takes a multi-pronged approach to provide local governments with flexibility, promote innovation, and increase local benefits.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee, CalRecycle estimates costs of approximately $130,000 for one new position in fiscal year (FY) 2024-25 and annual costs of approximately $436,000 for three new positions in FY 2025-26 through FY 2027-28 to facilitate rulemaking, implement changes to the waiver process, update procurement targets, provide training and technical assistance, establish and maintain appropriate spatial datasets, and evaluate submitted population counts (Integrated Waste Management Account).
VOTES
ASM NATURAL RESOURCES: 11-0-0
YES: Bryan, Flora, Connolly, Friedman, Hoover, Kalra, Joe Patterson, Muratsuchi, Pellerin, Wicks, Wood
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
UPDATED
VERSION: April 10, 2024
CONSULTANT: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0003046
Date of Hearing: May 1, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2902
Author:(Wood) – As Amended Ver:April 10, 2024
Policy Committee: | Natural Resources | Vote: | 11 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill provides additional flexibility to certain local governments that are subject to the state’s organic waste diversion requirements.
Specifically, this bill, among other things:
- Requires the Department of Resources Recycling and Recovery (CalRecycle), as part of its organic waste reduction regulations, to evaluate ways to maximize local benefits of edible food recovery programs, explore circumstances in which recovered food may be more suitable for use in local animal feed operations, and evaluate ways to incentivize carbon farming.
- Specifies that, for purposes of determining a jurisdiction’s organic waste procurement target, a jurisdiction’s population does not include the number of residents included in a low population or high elevation waiver granted by CalRecycle.
- Extends CalRecycle’s rural exemption until January 1, 2037; requires CalRecycle to adopt regulations to establish a process to renew the exemption after that date for periods of up to 10 years; and requires a jurisdiction that has a rural exemption to undertake specified actions.
- Specifies that a jurisdiction that no longer qualifies for a rural exemption due to an increase in population has three years from the date the jurisdiction’s population exceeds 70,000 persons to comply with specified organic waste collection and procurement requirements.
- Authorizes a county that does not qualify for a rural exemption but that generates less than 200,000 tons of solid waste annually to request CalRecycle’s approval for an alternative or modified organic waste diversion and recycling program, as specified. Requires CalRecycle, in considering an alternative or modified program, to give consideration to the extent to which a jurisdiction diverts organic waste generated from agricultural and wildfire risk reduction projects from landfill disposal.
- Authorizes CalRecycle, upon request by a local jurisdiction, to issue a waiver to a jurisdiction that does not qualify for a high elevation waiver if there are significant public safety issues associated with food waste collection as a result of local bear populations, as specified.
- Requires CalRecycle to develop training and technical assistance materials to assist local governments in promoting the expansion of community composting operations, as specified.
- Authorizes CalRecycle, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of solid waste facilities about financing that may be available to fund facility improvements and to reduce methane emissions.
FISCAL EFFECT:
CalRecycle estimates costs of approximately $130,000 for one new position in fiscal year (FY) 2024-25 and annual costs of approximately $436,000 for three new positions in FY 2025-26 through FY 2027-28 to facilitate rulemaking, implement changes to the waiver process, update procurement targets, provide training and technical assistance, establish and maintain appropriate spatial datasets, and evaluate submitted population counts (Integrated Waste Management Account).
COMMENTS:
1) Purpose. According to the author:
California has made great strides in diverting organic waste from landfill disposal. While the existing regulatory framework is readily adaptable to denser, urban communities, it sometimes fails to accommodate for California’s regional diversity and provides very little flexibility to deal with the implementation challenges in smaller and rural communities. As a result, the greatest implementation challenges and highest anticipated rate increases will occur in rural and sparsely populated areas of the state. AB 2902 provides CalRecycle and local governments with additional flexibility to manage and divert organic waste, facilitates innovation, and seeks to increase the local benefits of edible food recovery.
2) Background. Organic material accounts for more than a third of California’s disposed waste stream. As this material decomposes in the state’s landfills, it generates significant quantities of methane. Methane is a powerful short-lived climate pollutant (SLCP) that is 84 times more potent than carbon dioxide over a 20-year timescale. According to CalRecycle, landfills emit approximately 20% of the state’s total methane emissions.
SB 1383 requires the Air Resources Board to approve and implement a comprehensive SLCP strategy to achieve, by 2030, the following reductions from 2013 levels: a 40% reduction in methane, a 40% reduction in hydrofluorocarbon gases, and a 50% reduction in anthropogenic black carbon. In order to accomplish these goals, the law specifies that the methane emission reduction goals include the following targets to reduce the landfill disposal of organic waste, including food: 50% from the 2014 level by 2020 and 75% from the 2014 level by 2025. The law also requires that by 2025, 20% of edible food that would otherwise be sent to landfills be redirected to feed people.
To achieve the aforementioned targets, California’s waste management infrastructure will need to process and recycle much higher quantities of organic materials, involving significant investments in additional processing infrastructure. In order to ensure there are adequate markets for the state’s increasing quantities of products made from organic waste, like mulch, compost, and digestate, CalRecycle established procurement requirements for local jurisdictions. The procurement targets are based on the average amount of organic waste generated by Californians annually multiplied by the population of a jurisdiction. Jurisdictions may meet the target by procuring, giving away, or arranging for the use of the material through contracts with direct service providers.
As detailed in the Assembly Natural Resources Committee analysis of this bill, compliance with SB 1383 requirements and implementing the kinds of collection and recycling systems that work well in urban areas are particularly challenging for less populous and more rural areas of the state. The author intends for this bill to ease compliance with the state’s organic waste recycling laws and regulations for these jurisdictions. It does so by extending and expanding current waivers and exemptions granted to rural and high elevation jurisdictions. Additionally, it creates a new exemption for jurisdictions where there are significant public safety issues associated with food waste collection due to local bear populations.
This bill makes additional changes to the program to expand smaller scale organics recycling programs that are more appropriate for rural and less populous jurisdictions, such as community composting.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: April 8, 2024
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Isaac G. Bryan, Chair
ABPCA Bill Id:AB 2902 (
Author:Wood) – As Introduced Ver:February 15, 2024
SUBJECT: Organic waste: reduction regulations: exemptions
SUMMARY: Makes permanent the exemption for small rural counties with a population below 70,000 from the state’s organic waste reduction requirements, as specified. Provides additional compliance flexibility for small counties that produce less than 200,000 tons of solid waste annually. Establishes a process by which jurisdictions located at higher altitudes may receive an exemption from the Department of Resources Recycling and Recovery (CalRecycle) where food waste collection bins pose a threat to public health or animal safety due to bears.
EXISTING LAW:
- Requires the Air Resources Board (ARB) to develop a comprehensive strategy to reduce the emissions of short-lived climate pollutants (SLCP) to achieve a 40% reduction in methane emissions, 40% reduction in hydrofluorocarbon gases, and 50% reduction in anthropogenic black carbon below 2013 levels by 2030. (Health and Safety Code (HSC) 39730-39730.5)
- Requires the state to reduce the disposal of organic waste by 40% from the 2014 level by 2020 and 75% by 2025 to help achieve the state’s methane reduction goal. (HSC 39730.6)
- Requires that the regulations adopted by CalRecycle include requirements intended to meet the goal that not less than 20% of edible food that is currently disposed is recovered for human consumption by 2025, among other things. (Public Resources Code (PRC) 42652.5)
- Requires CalRecycle, in consultation with ARB, to adopt regulations to achieve the state’s organic waste reduction requirements. Specifies that the regulations, in part:
- May require jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
- Include requirements intended to meet the goal that not less than 20% of edible food is recovered for human consumption by 2025.
- May include penalties for noncompliance, as specified.
- Specify that penalties for the organic waste procurement target established by CalRecycle shall be imposed on the following schedule:
- On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meet or exceed 30% of its recovered organic waste procurement target;
- On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meet or exceed 65% of its recovered organic waste procurement target; and,
- On and after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meet or exceed 100% of its recovered organic waste procurement target.
- Exempt rural jurisdictions in possession of a rural exemption from the organic procurement targets until January 1, 2026, and authorize CalRecycle to provide rural counties an extended organic procurement schedule on and after January 1, 2027. (PRC 42652.5)
- Authorizes CalRecycle to grant waivers to a jurisdiction, and some or all generators located within the jurisdiction, from the requirement to separate and recover food waste and food-soiled paper for recycling if they entire jurisdiction is located at or above 4,500 feet. (California Code of Regulations (CCR) 18984.12
- Beginning January 1, 2022, requires jurisdictions to annually procure a specified quantity of recovered organic waste products that meets or exceeds its annual organic waste procurement target. Specifies that the organic waste procurement target is calculated by multiplying the per capita procurement target (0.8 tons per resident per year) by the jurisdiction’s population. (CCR 18993.1)
- Specifies that the organic waste procurement target may be met by procuring:
- Compost from a compost facility or in-vessel digestion facility;
- Renewable gas used for transportation, electricity, or hearing applications;
- Electricity from biomass conversion; or,
- Mulch, as specified. (CCR 18993.1)
- Defines “rural jurisdiction” as a jurisdiction that is located entirely within one or more rural counties, or a regional agency comprised of jurisdictions located within one or more rural counties. Defines “rural county” as a county that has a total population of less than 70,000 persons. (PRC 42649.8)
- Prohibits the state and local governments from making gifts of public funds to private parties. (Article XVI, Section 6 of the California Constitution)
THIS BILL:
- Requires CalRecycle, as part of the requirements adopted to achieve a 20% reduction in edible food disposal, to evaluate ways to incentivize local carbon farming efforts, maximize local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
- Specifies that, for purposes of determining a jurisdiction’s organic waste procurement target, a jurisdiction’s population does not include the number of residents included in a low population or high elevation waiver granted by CalRecycle.
- Makes permanent rural exemptions granted by CalRecycle for rural jurisdictions, as specified.
- Requires rural jurisdictions to develop and provide green waste collection and self-haul opportunities commensurate with the jurisdictions needs and capabilities.
- Beginning January 1, 2027, requires rural jurisdictions to:
- Work with representatives of state, regional, and local governments to identify opportunities where the exempt jurisdiction may be able to help nonexempt jurisdictions achieve the state’s organic waste diversion and recycling goals, including through facilitating the application of compost or mulch in appropriate areas within the rural jurisdiction.
- Facilitate independent backyard and community composting programs to increase the use of small-scale composting in order to reduce organic waste. Specifies that this collaboration may include representatives from solid waste management organizations, the Department of Food and Agriculture (CDFA), the University of California Cooperative Extension farm advisors, master gardener programs, Future Farmers of America, and schools.
- Identify opportunities to sustain and increase the diversion of organic materials for animal feed, including opportunities for collaboration with CDFA, the University of California Cooperative Extension farm advisors, a cattlemen’s association, agricultural organizations, Future Farmers of America, and 4-H programs.
- Work with other local jurisdictions and joint powers authorities to explore shared opportunities for new or expanded existing regional organic waste facilities and markets.
- Continue public education and outreach to reduce organic waste generation and disposal, increase onsite organic waste recycling, facilitate community and backyard composting opportunities, and increase edible food recovery.
- Specifies that a jurisdiction that no longer qualifies for a rural exemption due to an increase in population has three years from the date the jurisdiction’s population exceeded the limit to comply with organic waste collection requirements.
- Authorizes a county that does not qualify for a rural exemption, but generates less than 200,000 tons of solid waste annually, to request CalRecycle’s approval for an alternate or modified organic waste diversion and recycling program that offers increased flexibility to the jurisdiction for diverting and recycling organic waste. Specifies that the alternative or modified program would apply to unincorporated areas of the county, excluding census designated places with a population of 10,000 or more. Requires CalRecycle to give consideration to the extent to which the jurisdiction diverts organic waste generated from agricultural and wildfire risk reduction projects from landfill disposal.
- Authorizes CalRecycle to issue waivers to jurisdictions that do not qualify for the high elevation waiver if there are significant public safety issues associated with food waste collection as a result of local bear populations, as specified.
- Requires CalRecycle to develop training and technical assistance materials to assist local governments in promoting the expansion of community composting operations, including a model ordinance and franchise provisions that exempt small-scale community composting operations from the regulatory and exclusivity provisions applied by the local jurisdiction to other solid waste haulers and establish a specialized local regulatory framework for these operations.
- Authorizes CalRecycle, in conjunction with the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank, to provide information to the owners and operators of solid waste facilities about financing that may be available to fund facility improvements and to reduce methane emissions.
- Specifies that, consistent with the decisions in Scott v. Board of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution.
FISCAL EFFECT: Unknown
COMMENTS:
- Organic waste recycling. An estimated 35 million tons of waste are disposed of in California's landfills annually. More than half of the materials landfilled are organics. CalRecycle’s 2021 waste characterization study, found that 34% of disposed waste is organic waste. According to University of California Los Angeles Center for Health Policy Research, more than a third of Californians (39%) can’t afford enough food. In spite of widespread food insecurity, 11.2 billion pounds of food is disposed of annually in the state.
SB 1383 (Lara), Chapter 395, Statutes of 2016, requires ARB to approve and implement a comprehensive SLCP strategy to achieve, from 2013 levels, a 40% reduction in methane, a 40% reduction in hydrofluorocarbon gases, and a 50% reduction in anthropogenic black carbon, by 2030. In order to accomplish these goals, the law specifies that the methane emission reduction goals include targets to reduce the landfill disposal of organic waste, including food, 50% by 2020 and 75% by 2025 from the 2014 level. SB 1383 also requires that by 2025, 20% of edible food that would otherwise be sent to landfills is redirected to feed people. Specifically, the law requires: jurisdictions to establish food recovery programs and strengthen existing food recovery networks; food donors to arrange to recover the maximum amount of edible food; and, food recovery organizations and services that participate in SB 1383 to maintain specified records.
To achieve this, California’s waste management infrastructure is going to have to process and recycle much higher quantities of organic materials, involving significant investments in additional processing infrastructure. Organic waste is primarily recycled by composting the material, which generates compost that can be used in gardening and agriculture as a soil amendment and engineering purposes for things like slope stabilization. Anaerobic digestion is also widely used to recycle organic wastes. This technology uses bacteria to break down the material in the absence of oxygen and produces biogas, which can be used as fuel, and digestate, which can also be used as a soil amendment. Tree trimmings and prunings can also be mulched.
In order to ensure that there are adequate markets for the state’s increasing quantities of products made from organic waste, like mulch, compost, and digestate, CalRecycle established procurement requirements for local jurisdictions. The procurement targets are based on the average amount of organic waste generated by Californians annually multiplied by the population of a jurisdiction. Jurisdictions can meet the target by procuring, giving away, or arranging for the use of the material through contracts with direct service providers. Eligible materials include compost, mulch, biomass electricity, or renewable gas, as specified.
Compliance with SB 1383 requirements is particularly challenging for less-populous areas of the state. Implementing the kinds of collection and recycling systems that work well in urban areas is infeasible in more rural areas. Altogether, the 19 counties that are currently eligible for the rural exemption have fewer than 600,000 residents; in some areas the population density drops below 10 per square mile. In higher elevations, roads can become impassable for collection trucks due to snow. These challenges make compliance disproportionately high for these communities.
- Waivers and exemptions. CalRecycle’s SB 1383 regulations establish various waivers and exemptions for local jurisdictions from SB 1383 requirements:
- Low population waivers: Jurisdictions with a total population less than 7,500 or that disposed less than 5,000 tons of solid waste in 2014 may apply for a waiver from some or all of the regulations for up to five years.
- Rural exemptions: Jurisdictions that meet the statutory definition of a rural jurisdiction are eligible for an exemption from the regulations if the governing body adopts a resolution, as specified. The exemption is valid until December 31, 2026, or until five years after CalRecycle makes a determination that the statewide disposal of organic waste has not been reduced to 50% of the level of disposal during the 2014 calendar year, whichever is later.
- High elevation waivers: A jurisdiction may apply to CalRecycle for a waiver from the requirement to separate and recover food waste and food-soiled paper if the entire jurisdiction is, or in census tracts located in unincorporated portions of a county that are, located at or above 4,500 feet elevation.
- Gifts of public funds. Some local jurisdictions have expressed concern that the constitutional ban on providing gifts of public funds to private parties precludes them from participating in public giveaways and rebates for compost and mulch. These giveaways provide a market for the compost and mulch generated by the local jurisdiction’s organic recycling programs, which is critical to achieving the state’s organic waste recycling goals. The use of these materials by private citizens provides additional benefits associated with the use of compost and mulch, such as conserving water, improving soil health, and sequestering carbon in soils. Two court cases have affirmed that activities that benefit private citizens do not amount to an unconstitutional gift of public funds where they serve a public purpose. As Schettler states, the bar on gifts of public funds is not violated even if there are incidental benefits to private persons. In Scott, the court states “We have no quarrel with the validity of the public purpose, and therefore conclude that the legislation does not amount to an unconstitutional gift of public funds.” This bill’s restatement of existing law is intended to provide clarity and resolve any lingering doubts about whether these activities constitute a gift of public funds.
- Author’s statement:
California has made great strides in diverting organic waste from landfill disposal. While the existing regulatory framework is readily adaptable to denser, urban communities, it sometimes fails to accommodate for California’s regional diversity and provides very little flexibility to deal with the implementation challenges in smaller and rural communities. As a result, the greatest implementation challenges and highest anticipated rate increases will occur in rural and sparsely populated areas of the state. AB 2902 provides CalRecycle and local governments with additional flexibility to manage and divert organic waste, facilitates innovation, and seeks to increase the local benefits of edible food recovery.
- This bill. This bill is intended to ease compliance with the state’s organic waste recycling laws and regulations for local jurisdictions. It does so by extending and expanding current waivers and exemptions granted to rural and high elevation jurisdictions. Additionally, it creates a new exemption for jurisdictions where there are “significant public safety issues” associated with food waste collection due to local bear populations. Given how extensive bear habitat is in the state, this provision may result in a significant increase in the number of jurisdictions exempted from the state’s food waste collection requirements. The author should continue to engage in discussions with CalRecycle and the Department of Fish and Wildlife to ensure that food waste collection systems are safe for humans and bears, rather than granting new, and potentially broad, exemptions.
This bill establishes scaled-back, alternative requirements for those local jurisdictions beginning January 1, 2027, and creates a three-year compliance onramp for local jurisdictions that lose their rural exemption due to an increase in population. Counties that do not meet the definition of a rural county would be authorized to request alternate or modified requirements for low-population areas within the county.
This bill makes additional changes to the program to expand smaller-scale organics recycling programs that are more appropriate for rural and less-populous jurisdictions, such as community composting. Finally, the bill authorizes CalRecycle, in conjunction with the California Pollution Control Financing Authority and the Infrastructure and Economic Development Bank, to provide information to owners and operators of solid waste facilities about financing available to fund improvements that reduce methane emissions.
- Suggested amendments. The committee may wish to amend the bill as follows:
- Move carbon farming efforts from the paragraph that requires CalRecycle regulations to maximize food recovery efforts to a new paragraph.
- Extend the rural exemption for 10 years, through January 1, 2037 (10 years), and require CalRecycle to establish a process to renew the exemptions for increments up to 10 years going forward.
- Make related technical and clarifying amendments.
- Related legislation. A number of bills relating to organic waste management have been introduced this year. As the bills move through the process, the authors should work together and with CalRecycle, stakeholders, and the relevant policy committees to ensure that the bills are complimentary and not duplicative or conflicting. The bills include:
AB 2311 (Bennett) adds edible food recovery activities to the activities eligible for funding from CalRecycle’s grant program that provides financial assistance to promote the development of organic waste infrastructure and waste reduction programs (infrastructure grant program). This bill has been referred to the Assembly Appropriations Committee.
AB 2346 (Lee) authorizes local jurisdictions to be credited for the procurement of recovered organic waste products through contracts with direct service providers, and authorizes jurisdictions to receive procurement credit for investments made in projects that increase organic waste recycling capacity. This bill has been referred to the Assembly Natural Resources Committee.
AB 2514 (Aguiar Curry) exempts small counties with a population less than 70,000 from the state’s organic waste reduction requirements. This bill defines pyrolysis as the thermal decomposition of organic material at elevated temperatures in the absence of oxygen. This bill also requires CalRecycle to include hydrogen and pipeline biomethane converted from organic waste as eligible for procurement credit by local jurisdictions and requires CalRecycle to consider “life-cycle carbon intensity” when providing incentives to facilitate progress toward the organic waste reduction targets. Finally, this bill requires CalRecycle, in consultation with ARB, to report to the Legislature on the amount of methane emissions leaked from “different recovered organic waste product procurement target compliance pathways” and measures to reduce methane leakage. This bill has been referred to the Assembly Natural Resources Committee.
AB 2577 (Irwin) requires the regulations adopted by CalRecycle to meet the state’s edible food recovery goal to include product labeling requirements that reduce food waste. This bill has been referred to the Assembly Appropriations Committee.
AB 2658 (Bains) exempts food processing establishments that do not “divert organic waste to landfills” from the state’s organic waste diversion targets. This bill has been referred to the Assembly Natural Resources Committee.
SB 972 (Min) requires CalRecycle, ARB, and the California Environmental Protection Agency to hold at least two joint meetings each calendar year to coordinate the implementation of policies that affect organic waste reduction targets. This bill has been referred to the Senate Environmental Quality Committee.
SB 1045 (Blakespear) requires the Office of Planning and Research, in consultation with CalRecycle, to develop a model zoning ordinance that facilitates the siting of compost facilities and requires local jurisdictions, when amending a zoning ordinance to also amend an appropriate zoning ordinance based on the model ordinance. This bill also requires district or regional water boards to act on permits for compost facilities within 30 days. This bill has been referred to the Senate Local Government Committee.
SB 1046 (Laird) requires CalRecycle to prepare a program environmental impact report that streamlines the California Environmental Quality Act process for small and medium sized compost facilities. This bill has been referred to the Senate Appropriations Committee.
SB 1175 (Ochoa Bogh) requires CalRecycle to consider alternatives to census tracts when establishing the boundaries for a low-population or elevation waiver from the state’s organic waste reduction requirements and extends the length of the waivers to 10 years. This bill has been referred to the Senate Appropriations Committee.
SB 1232 (Grove) exempts a portion of a county from the state’s organic waste collection requirements if the county proposed a fee for the collection and it was rejected by property owners. This bill has been referred to the Senate Local Government Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Alpine County Supervisor, David Griffith (District 5)
Board of Supervisors County of Tuolumne
California Compost Coalition
County of El Dorado
County of Humboldt
County of Lassen
County of Mono
County of Monterey
Del Norte County Board of Supervisors
Del Norte Solid Waste Management Authority
Madera County Board of Supervisors
Modoc County
Republic Services - Western Region
Rural County Representatives of California
Sierra County Board of Supervisors
Siskiyou County Board of Supervisors
Trinity County Board of Supervisors
Opposition
None on file
Analysis Prepared by: Elizabeth MacMillan / NAT. RES. /
Discussed in Hearing
47SEC
Assembly Floor
2MIN
Senate Floor
1MIN
Senate Standing Committee on Appropriations
5MIN
Senate Standing Committee on Environmental Quality
2MIN
Assembly Floor
6MIN
Assembly Standing Committee on Natural Resources
Bill Author
Bill Co-Author(s):
