Summary of Regulatory Changes

California Senate Bill (SB) 1383 of 2016 mandated that 75 percent of organic waste streams to be diverted away from landfill disposal no later than January 1, 2025. Additionally, it also requires a 20 percent increase in edible food recovery from these waste streams. The mandate applied to county-run solid waste planning jurisdictions. The purpose of SB 1383 was to reduce emissions of the short-lived climate pollutant methane by reducing how much degradable waste is deposited in landfills. Reduction in landfilling of degradable waste, and especially highly degradable streams such as food waste, should cause reductions in landfill methane emissions that can mitigate climate change more quickly than other greenhouse gas reduction strategies.

The law requires county solid waste planning jurisdictions to perform capacity planning to assess the capacity they have for recycling organic waste streams and the capacity necessary to meet these goals. It will also require jurisdictions to assess the number of mandated food donors and recovery organizations, as well as how much edible food they dispose, and the capacity required to recover this food.

Complementary mandates in Assembly Bill (AB) 1826 of 2014 requires businesses, including schools and public entities, which generate more than two cubic yards of solid waste per week to recycle their organic waste streams.

AB 341 requires businesses, including schools and public entities, which generate more than four cubic yards of solid waste per week to recycle their organic waste streams. It also established a 75 percent disposal reduction by the year 2020 which we can see as the basis for the 75 percent organic waste diversion of SB 1383.

Starting July 1, 2026, food processors or retailers responsible for labeling food products will be required to display a date which the food item is no longer expected to be safe to consume as a requirement of AB 660. This bill serves as a means of reducing unnecessary food waste to which CalRecycle reports than over 2.5 billion meals of safe food are thrown away every year due to current labeling methods. More detailed information on AB 660 can be found here.

Regulatory changes under wastewater discharge requirements will also be seen as a result of new requirements. The Central Valley Waster Board has reissued WDR General Order R5-2013-0122 which limits waste discharges from dairy cows and as a result the following prohibitions apply:

1. Discharge of hazardous wastes as defined in CCR, Title 22, section 66261.1
2. Except when authorized by a National Pollutant Discharge Elimination System permit the direct or indirect discharge of waste from the production area to surface waters is prohibited.
3. The disposal of waste not generated by on-site animal production activities is prohibited except where a ROWD for the disposal has been submitted to the executive officer and the central valley water board has issued or waived WDRs for that discharge.

Implication of Regulation Changes

As a result of these new requirements there are many things to consider in the practical sense. Depending on the jurisdiction there may be requirements for sorting organic waste streams from other wastes such as plastics. Per the CalRecycle FAQ some facilities may not have the sorting capabilities to remove plastics from organic waste and therefore will require waste to be presorted or for packaging to be fully compostable.

Additionally, under SB 1383 there is a requirement of recordkeeping to demonstrate compliance with diversion of organic waste and edible food recovery. CalRecycle has developed recordkeeping tools to assist jurisdictions, self-haulers, edible food recovery, and solid waste facilities.

Not only are there new recordkeeping requirements but also facilities can expect new reporting requirements. Jurisdiction annual reports are to include the items identified in 14 CCR Section 18994.2 on before August 1^st each year and the reporting period shall cover the prior year. The next County Capacity Planning schedule for Reporting shall be submitted by August 1, 2029, and shall report based on the period January 1, 2030, to December 31, 2039. Subsequent reporting shall occur thereafter every five years for the same period duration.

The requirements of these bills must be followed otherwise failing to maintain compliance may result in fines or a cease of operation. If your facility requires any assistance navigating these new regulatory updates, please reach out to your local Trinity office for more information.