Assembly Bill (AB) 1826 (Chapter 727, Statutes of 2014) was signed into law in September 2014. Beginning April 1, 2016, this legislation requires businesses, including multi-family residential dwellings that consist of five or more units, to arrange for the recycling of their organic waste, depending on the amount of organic waste they generate per week. AB 1826 also requires local jurisdictions to implement organic waste recycling programs to divert from landfills organic waste from businesses subject to the law, and to report progress on implementing their programs to CalRecycle.

Organic waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed with food waste.  Mandatory recycling of organic waste is the next step toward achieving California’s aggressive recycling and greenhouse gas (GHG) emission goals.  California disposes approximately 30 million tons of waste in landfills each year, of which more than 30% could be used for compost or mulch.  Organic waste such as green materials and food materials are recyclable through composting and mulching, and through anaerobic digestion, which can produce renewable energy and fuel.  GHG emissions resulting from the decomposition of organic wastes in landfills have been identified as a significant source of emissions contributing to global climate change.  Reducing the amount of organic materials sent to landfills and increasing the production of compost and mulch are part of the AB 32 (California Global Warming Solutions Act of 2006) Scoping Plan.

Beginning this year, California jurisdictions are required to have a Commercial Organics Recycling Program in place. Staff has worked with Republic Services to create a program and implementation plan for the District and now seeks Board approval of both.

Effective April 1, 2016, AB 1826 will require certain businesses to separate their food scraps and yard trimmings for composting or anaerobic digestion.  Businesses meeting certain criteria must arrange for recycling services for the following types of organic waste: food waste, green waste, landscape and pruning waste, nonhazardous wood waste and food soiled paper.  Multifamily complexes of five units or more must also arrange for recycling services for the same material, with the exception of food waste and food soiled paper.

The State of California has established the following implementation dates and thresholds for AB 1826’s requirements:

• January 1, 2016 – Generators identified.  Generators will be provided outreach and education based on the threshold set forth by CalRecycle.
  
  

• April 1, 2016 – Businesses that generate eight cubic yards of organic waste per week shall arrange for organic waste recycling services.
  
  
• January 1, 2017 – Businesses that generate four cubic yards of organic waste per week shall arrange for organic waste recycling services.
  
  

• August 1, 2017 and ongoing – The District will include information about implementation and progress in its annual report submitted to CalRecycle.

• Fall 2018 – After receipt of the 2017 annual reports submitted on August 1, 2018, CalRecycle will conduct its formal review of those jurisdictions that are on a two year review cycle.
  
  
• January 1, 2019 – Businesses that generate four cubic yards or more of commercial solid waste per week shall arrange for organic waste recycling services.
  
  
• January 1, 2020 - On or after January 1, 2020, if CalRecycle determines that the statewide disposal of organic waste has not been reduced by 50 percent of the level of disposal in 2014, the organic recycling requirements on businesses will expand to cover businesses that generate two cubic yards or more of commercial solid waste per week. Additionally, certain exemptions may no longer be available if the 2020 target is not met.
  
  
• Fall 2020 - After receipt of the 2019 annual reports submitted on August 1, 2020, CalRecycle shall conduct its formal review of all jurisdictions.

The District contracts with Republic Services, Inc. (“Republic”) to provide solid waste management services within its jurisdiction. Republic Services will be the primary facilitator of this mandatory Commercial Organics Recycling Program. Public Works staff will provide program coordination, including monitoring and oversight, and will meet annually with CalRecycle staff to discuss progress achieved.

Republic will identify and notify those businesses to which the new commercial organic recycling requirements apply and provide education and outreach to these businesses regarding the requirements.  A green waste collection program is already available, and Republic will continue to offer this service to qualifying businesses and multifamily complexes.  In addition, beginning in April, Republic will make a new source separated food waste collection program available to qualifying commercial customers.  The additional costs to implement this new program are not yet known.  

Initially, the incremental additional costs of implementing the Mandatory Commercial Organics Recycling Program will be borne primarily by Republic pursuant to the franchise agreement between Republic and the District.  Ultimately, it is anticipated that the costs of the new Program will be funded by the commercial customers to which AB 1826’s mandates apply.  Although Republic, not the City, sets the rates it charges to customers, a future amendment to the current franchise agreement may be needed to facilitate new or increased rates to fund the Program.   

It is recommended that the Garden Grove Sanitary District Board:

• Approve the District's Implementation Plan for the State mandated Commercial Organics Recycling Program

By:  A. J. Holmon III, Streets/Environmental Manager