State Law AB 1826: Mandatory Commercial Organics Recycling

In October 2014 Governor Brown signed Assembly Bill (AB) 1826, requiring businesses to recycle their organic waste (AKA Organics) on and after April 1, 2016, depending on the amount of waste they generate per week. This law also requires that on and after January 1, 2016, local jurisdictions across California implement an organic waste recycling program to divert organic waste generated by businesses, including multifamily residential dwellings that consist of five or more units.  This Bill defines Organic Waste as food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. AB 1826 requires jurisdictions to provide information about their organic waste recycling program implementation in the annual report submitted to CalRecycle.

www.calrecycle.ca.gov

As of January 1, 2019, businesses that generate 4 cubic yards or more of commercial solid waste per week are required to arrange for organic waste recycling services.

In fall 2020, using 2018/2019 Statewide Waste Characterization Study data and 2019 Recycling and Disposal Reporting System data, CalRecycle will determine if the statewide disposal of organic waste has decreased by 50 percent by 2020 (using 2014 as a baseline). If it has not decreased by 50 percent, then the organic recycling requirements on businesses will expand to include businesses that generate two cubic yards or more of commercial solid waste per week. Additionally, the exemption for businesses that do not generate at least one cubic yard of organic waste per week will no longer be available if this target is not met. CalRecycle will continue to conduct the two- and four-year reviews after this cycle.

Late last year (October 2019), the City of Irvine like other California local jurisdictions started reaching out to businesses requesting information regarding their Organic Waste Recycling Program.  In their letter, they mentioned that the State has required the jurisdictions to adopt an ordinance and fine structure by no later than January 1, 2022 (i.e. Senate Bill (SB) 1383).  The new State regulations will require the jurisdictions to fine not only all locations who are without required programs, but also locations that have food waste in their trash or are mixing trash with their organic waste set out for recycling.   

NV5’s experienced regulatory compliance specialists provide expertise on the requirements of AB1826.  We can help businesses or property owners prepare Organic Waste Recycling Programs and train their employees and/or tenants before these fines are mandated. ​