Dawn Koepke

CalRecycle releases SB 1383 regulations for review

By Dawn Koepke

Capitol Update, Jan. 28, 2019 Share this on FacebookTweet thisEmail this to a friend

As you may recall, in 2016 the Legislature passed and the Governor signed SB 1383 (former Senator Ricardo Lara, D-Long Beach) requiring CalRecycle, in consultation with the Air Resources Board (ARB), to adopt regulations to achieve organics reduction targets specified in the bill. Among other requirements, the bill specified that the regulations to be developed should consider the following components: 

  • May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and impose penalties for noncompliance;
  • Include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed is recovered for human consumption by 2025;
  • Shall not establish a numeric organic waste disposal limit for individual landfills;
  • Include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, as specified;
  • May include penalties to be imposed by CalRecycle for noncompliance; and,
  • Take effect on or after January 1, 2022, except the imposition of penalties imposed by CalRecycle shall not take effect until two years after the effective date of the regulations. 

Additionally, the bill required CalRecycle, in consultation with ARB, to analyze the progress that the waste sector, state government, and local governments make in achieving the organic waste reduction goals. Such analysis is required to include:

  • The status of new organics recycling infrastructure development; 
  • The progress in reducing regulatory barriers to the siting of organics recycling facilities and the timing and effectiveness of policies that will facilitate the permitting of organics recycling infrastructure; and
  • The status of markets for the products generated by organic recycling facilities, including cost-effective electrical interconnection and common carrier pipeline injection of digester biomethane and the status of markets for compost, biomethane, and other products from the recycling of organic waste.

Finally, it authorized CalRecycle, if it determines that significant progress has not been made, to include incentives or additional requirements in the regulations.

On the heels of much discussion and stakeholder outreach over the past few years, last week CalRecycle released proposed regulations for public review and comment through March 4th with a public hearing set for March 12th in Sacramento. The regulations are intended to implement regulatory requirements to reduce landfill disposal of organic waste in order to achieve the greenhouse gas emissions reductions required by SB 1383. More specifically, SB 1383 established two organic waste disposal reduction targets tied to the 2014 baseline of 23 million tons of organic waste disposal and must be achieved by 2020 and 2025. The target is set for 2020 at 50 percent organic waste reduction from 2014 baseline (11.5 million tons allowed landfill disposal of organic waste), and for 2025 at 75 percent organic waste reduction from 2014 baseline (5.75 million tons allowed landfill disposal of organic waste).

For more information, please see https://www.calrecycle.ca.gov/Laws/Rulemaking/SLCP/

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