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.
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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 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 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, self-haul, 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 • CalRecycleReview • CalRecycleshall 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, non-generation 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 Centerhttp://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