Effective January 1, 2022, all California residences, multifamily properties and businesses will be required to separate organic waste from the trash and participate in organic waste collection programs under California Senate Bill 1383, “California’s Short-Lived Climate Pollutant Reduction Strategy”.
SB 1383 requires California cities, municipalities and counties to enact programs and ordinances causing residents and businesses, including most multifamily properties to separate out and recycle organic waste, including organic food waste such as food scraps, food-soiled paper, cut flowers, along with landscaping trimmings, nonhazardous wood and yard wastes recyclable through composting, mulching, and anaerobic digestion.
SB 1383 and companion regulations were enacted to meet state waste reduction goals for California landfills. SB 1383 requires cities and counties annually collect certain quantities of recovered organic waste products. SB 1383 is intended to bring about a 75% reduction in the level of the statewide disposal of organic waste by 2025.
Effective as of September 15, 2020, Businesses that generate two (2) cubic yards or more of trash and recycling combined per week must have organic waste recycling services. 2 cubic yards is the equivalent of four 96 gallon recycling bins. “Businesses” includes multi-family properties with 5 units or more.
“Single-family and multifamily complexes are required to recycle both green waste and food waste, as well as other organic waste materials, beginning January 1, 2022 … Jurisdictions [are required] to provide organic waste collection services to all single-family and multifamily residences of all sizes and businesses that generate organic waste beginning January 1, 2022.”
Cities, municipalities and counties must adopt their ordinances by Jan. 1, 2022. However, SB 1383 allows cities to take an educational and non-punitive approach for the first two years. Penalties for non-compliance will not commence until January 1, 2024.
Residential Landlords
Residential landlords interested in getting ahead of the game should order organic services from their local waste disposal company and provide tenants with notice that food scraps, food-stained paper, other organic compostibles must be recycled in designated green waste/organics bins, along with landscaping and nonhazardous organic yard debris.
Additionally, some municipalities (or the contract haulers) are offering residents interior composting/organic garbage bins for their homes. Property managers and residential landlords should look to local government services to determine if such items are available to distribute to their tenants.
Residential landlords responsible for waste disposal and recycling at their rental properties should consider adding an addendum to their leases, notifying tenants of the need for compliance and holding tenants expressly obligated to follow the law. Landlords may even wish to pass through any increased fees or assessed penalties.
If you need help drafting an “Organics Recycling Addendum” to your lease or crafting a tenant notice, Furton Legal can help.
Businesses, Commercial Entities & Landlords
If you are a commercial entity or landlord who provides waste removal services for its tenants:
- You will need to subscribe to regular organics collection service with a franchised hauler or self-haul organics to a local facility.
- You must also have records showing the amount of organic material delivered to waste facilities. Such records must include delivery receipts and weight tickets that indicate the amount of material in cubic yards or tons.
- You will need to provide organics and recycling service to employees, contractors, tenants, and customers. Collection service must be arranged so that access to an adequate number, size, and location of containers is available. Small indoor containers for organics and recycling must be provided in all areas where garbage containers are present (except for restrooms of multi-family properties).
- You will need to provide educational information to tenants, contractors and employees about the legal requirements to compost and recycle; on how to properly sort the three waste streams into correct containers. For new tenants, this information must be provided before or within 14 days of move-in.
- You will also need to periodically inspect recycling and organics containers and inform employees if contamination is found.
Businesses, commercial entities and landlords should learn how SB1383 impacts their contract with their waste haulers. If you would like an attorney to review your waste hauling contracts, contact us.
Additionally, there are specific regulations and requirements for food service-based businesses, including mandatory participation in a maximum excess edible food donation program. If you have questions regarding your obligations under SB 1383, contact us.
Additional resources: SB 1383 Regulations §§ 18984.7, 18984.8, 18984.9, 18984.10, 18986.1, 18986.2, 18988.3, 18991.3, 18991.4