California’s
Mandatory Commercial Recycling Law
A Presentation at the
CEAC Solid Waste Policy Committee Meeting
2011 Annual Meeting in San Francisco
November 30, 2011
California’s
Mandatory Commercial Recycling Law
California’s
Mandatory Commercial Recycling Law
California’s
Mandatory Commercial Recycling Law
Introduction and Background:
With the passage of (Chapter 476, Statutes of 2011 [Chesbro, AB 341]),
California is one of the first states in the nation to enact a statewide program to
reduce greenhouse gas emissions by diverting commercial solid waste from
landfills.
Increasing the recovery of recyclable materials will directly reduce GHG
emissions. This is a goal of one of the measures in the AB 32 Scoping Plan.
In particular, recycled materials can reduce the greenhouse gas emissions from
multiple phases of product production including extraction of raw materials,
preprocessing and manufacturing. A co-benefit of increased recycling is avoided
methane emissions at landfills from the decomposition of organic materials. Use
of composted organic materials also provides environmental benefits such as
carbon storage in soils and reduced use of fertilizers, pesticides, and water.
California’s
Mandatory Commercial Recycling Law
According to 2008 Statewide Waste Characterization data, the commercial sector
generates nearly three fourths of the solid waste in California, with much of the
commercial sector waste disposed in landfills readily recyclable.
With the passage of AB 341, businesses are required to recycle, thus resulting in
an expansion in commercial recycling activities and recycling manufacturing.
California’s
Mandatory Commercial Recycling Law
California’s
Mandatory Commercial Recycling Law
Prior Rulemaking Efforts
Prior to the passage of AB 341, CalRecycle and the Air Resources Board were
engaged in a joint rulemaking process to implement the Mandatory Commercial
Recycling Measure, as required by the AB 32 Scoping Plan, to increase
commercial waste diversion as a method to reduce GHG emissions.
CalRecycle and the Air Resources Board (ARB) were intending to take the
proposed Mandatory Commercial Recycling regulations to the ARB meeting on
October 20-21, 2011, to consider adoption of the proposed regulation. As a
result of Assembly Bill (AB) 341 being signed on October 6, 2011, the public
hearing scheduled for that meeting to consider adoption of the regulations was
cancelled.
California’s
Mandatory Commercial Recycling Law
Instead, at the same October 20-21 ARB meeting, CalRecycle and ARB presented
an informational item on collaborative efforts to date, the new direction
resulting from enactment of AB 341, and CalRecycle’s plans to implement AB
341’s mandatory commercial recycling provision.
This informational item also included discussion of opportunities to expand
recycling services and recycling manufacturing in California and of future
collaboration with the ARB on other AB 32 Scoping Plan measures.
The Staff Report: Initial Statement of Reasons from this prior rulemaking effort
is available for informational and reference purposes.
California’s
Mandatory Commercial Recycling Law
Present Effort
Now that AB 341 has provided authority to CalRecycle to implement the
mandatory commercial recycling program, CalRecycle has commenced its own
rulemaking to implement the statute. These regulations will reflect the statutory
provisions and provide additional procedural clarifications. Because of the
extensive stakeholder input received at 8 public workshops and numerous
stakeholder meetings over the past 2 years, CalRecycle initiated the formal
rulemaking with a 45-day comment period beginning October 28, 2011 and a
subsequent public hearing will be conducted on December 13, 2011.
California’s
Mandatory Commercial Recycling Law
Key Elements of the Law
AB 341 sets forth the requirements of the statewide mandatory commercial
recycling program. Below are basic descriptions:
Purpose
To reduce greenhouse gas emissions by diverting commercial solid waste to
recycling efforts and to expand the opportunity for additional recycling services
and recycling manufacturing facilities in California.
Key Roles
1. Business Commercial Recycling Requirements
2. Local Government Requirements
3. CalRecycle Review
California’s
Mandatory Commercial Recycling Law
Business Commercial Recycling Requirements
A business (includes public entities) that generates more than four cubic
yards of commercial solid waste per week or is a multifamily residential
dwelling of five units or more shall arrange for recycling services.
A commercial waste generator shall source separate recyclable materials
from solid waste and choose from one or more of the following options:
subscribe to a basic level of recycling service that includes collection, selfhaul, arrange for the pickup of the recyclable materials, and/or subscribe to
a recycling service that includes mixed waste processing that yields
diversion results comparable to source separation.
A property owner of a commercial business or multifamily residential
dwelling may require tenants to source separate their recyclable materials
to aid in compliance with this section.
California’s
Mandatory Commercial Recycling Law
Local Government Requirements
Each jurisdiction shall implement a commercial solid waste recycling
program that consists of education, outreach and monitoring of businesses,
that is appropriate for that jurisdiction and is designed to divert commercial
solid waste from businesses, whether or not the jurisdiction has met the
requirements of PRC Section 41780.
Each jurisdiction shall report the progress achieved in implementing its
commercial recycling program, including education, outreach,
identification, and monitoring, and if applicable, enforcement efforts and
exemptions, by providing updates in the electronic annual report.
California’s
Mandatory Commercial Recycling Law
CalRecycle Review
CalRecycle shall review a jurisdiction's compliance with implementing their
education, outreach and monitoring program as part of the department's
review required by PRC Section 41825.
California’s
Mandatory Commercial Recycling Law
Implementation Dates
July 1, 2012, Local Jurisdiction Commercial Recycling Program Implementation:
On or after July, 1, 2012, each jurisdiction shall implement an education,
outreach and monitoring program. Efforts may be phased in over time.
July 1, 2012, Commercial Recycling Requirements:
On and after July 1, 2012, a business that generates more than four cubic yards
of commercial solid waste per week or a multifamily residential dwelling of five
units or more shall arrange for recycling services.
California’s
Mandatory Commercial Recycling Law
August, 2013, Jurisdiction Annual Reports:
Each jurisdiction shall report the progress achieved in implementing its
commercial recycling program, including education, outreach, identification, and
monitoring, and if applicable, enforcement efforts, by providing updates in the
annual report required by Section 41821.
August, 2014, CalRecycle Review:
First review of jurisdictions' that are in a biennial review cycle on their
implementation of the regulation, with reviews conducted every biennial or
quadrennial review cycle thereafter depending on each jurisdiction’s review
status.
California’s
Mandatory Commercial Recycling Law
Enforcement:
EXTRACTED FROM THE DRAFT PROPOSED REGULATORY TEXT FOR MANDATORY
COMMERCIAL RECYCLING (now in the 45 day comment phase):
“When adopting its commercial recycling ordinance, policy, or program, a
jurisdiction may also, but is not required to, consider the following:
(1) Enforcement consistent with a jurisdiction’s authority, including, but not
limited to, a penalty or fine structure that, incorporates warning notices,
civil injunctions, financial penalties, or criminal prosecution.
...
(3) Exemptions deemed appropriate by the jurisdiction such as, but not
limited to, zoning requirements, lack of sufficient space in multi-family
complexes to provide additional recycling bins, lack of markets, nongeneration of recyclable materials, or current implementation by a business
of actions that result in recycling of a significant portion of its commercial
waste. …”
California’s
Mandatory Commercial Recycling Law
Toolbox Links
California’s
Mandatory Commercial Recycling Law
Toolbox Links
Mandatory Commercial Recycling (Home Page)
http://www.calrecycle.ca.gov/climate/Recycling/default.htm
Mandatory Commercial Recycling (Proposed Regulations)
http://www.calrecycle.ca.gov/climate/Recycling/Workshops/default.htm#Docs
California’s
Mandatory Commercial Recycling Law
Toolbox Links
ILG Commercial Recycling Resource Center
http://www.ca-ilg.org/commercialrecycling
•
•
•
•
•
•
•
•
•
•
•
•
Regulatory Update Information on the State's Commercial Recycling Regulations
ILG Sample Commercial Recycling Ordinance
ILG Sample Commercial Recycling Flyer for Businesses & Apartments
Examples of Local Commercial Recycling Ordinances
CalRecycle Resources Related to Commercial Recycling
Local Agency Websites
Outreach and Educational Resources
ILG Commercial Recycling Case Stories
A Snapshot of Local Agency Commercial Recycling Programs and Policies
Working with Local Businesses to Increase Recycling (A Whitepaper)
Increasing Commercial Recycling: Tips for Local Agency Leaders (A Whitepaper)
A Discussion Forum on Commercial Recycling Ordinances and Programs (log in required)
California’s
Mandatory Commercial Recycling Law
Toolbox Links
ILG Commercial Recycling Ordinance Webinar Series
http://www.ca-ilg.org/CommercialRecycling Webinar
The Institute for Local Government hosted a series of webinars in 2010 and 2011 in collaboration with
CalRecycle on adopting commercial recycling ordinances. This series provides information and
resources tailored to local agencies interested in adopting a commercial recycling ordinance. The
following webinar recordings, presentations and associated resources are available for review:
•
•
•
•
•
Adopting A Commercial Recycling Ordinance – How to Get Started
Creating Effective Commercial Recycling Education and Outreach Activities
Creating Enforcement and Compliance Elements for Commercial Recycling
Recycling Programs at Apartment Complexes: Success Tips for Local Officials
Understanding California’s Proposed Commercial Recycling Regulations: What Local Agencies Need
to Know About the Education, Outreach and Monitoring Requirements
California’s
Mandatory Commercial Recycling Law