On January 1, 2011, the California Green Building Code (Part 11 of Title 24, California Code of Regulations) known as the CALGreen, became effective and mandated 50 percent of construction and demolition material to be diverted from landfills.  The California Building Standards Commission adopts new and/or updated standard construction codes every three years. In 2016, CALGreen was revised by the California Building Standards Commission, effective on January 1, 2017, which increased the construction and material diversion requirements from 50 percent to 65 percent.  It is expected that the 2019 CalGreen (which will become effective in 2020) will raise the diversion requirement to 75%.

In addition, the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.) (Assembly Bill 939) requires local municipalities to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals and to make substantial reductions in the volume of waste materials going to landfills.

The City has adopted the CALGreen through the triennial adoption of the California Building Standard Codes (GGMC § 18.04.010).  The City is implementing the CALGreen through the regular building permit processing process.  However, the CALGreen provides limited enforcement authority.  The proposed construction and demolition waste recycling program provides more clarity for City staff, contractors and property owners as to specific recycling requirements.  The program includes a requirement for security deposits, diversion plans and diversion reporting, that will assist the City in monitoring and obtaining compliance.  This program will further assist the City in demonstrating its compliance with Waste Management Act diversion requirements.  In anticipation of additional revisions to the State’s regulations expected to increase the diversion requirement to 75%, the proposed ordinance will require the diversion “as set forth by State law and regulations.”

It is recommended that the City Council:

• Introduce for first reading and pass to second reading, read by title only, the ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADDING CHAPTER 18.60 TO TITLE 18 OF THE GARDEN GROVE MUNICIPAL CODE IMPLEMENTING A CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM.