Assembly Bill 1826 (AB 1826) was signed by California Governor, Jerry Brown, on September 28, 2014. This bill will require businesses, including multi-family buildings with five or more units, that generate a specific amount of organic waste per week (yard trimmings, food scraps and food-soiled paper) to arrange for organics recycling and diversion services according to a tiered implementation schedule. These organic materials account for nearly one-third of the approximately 30 million tons of waste destined for California’s landfills each year which could be used for soil amendments which as compost and mulch.
What is Organic Waste?
- Food Scraps including all solid, semi solid and liquid food such as fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, tea bags, coffee filters and oils.
- Food-Soiled Paper is uncoated paper that is soiled by food waste such as napkins, paper towels, paper cups, fast food wrappers and take out boxes, egg cartons, used pizza boxes, wax-coated cardboard and other paper and compostable food packaging.
- Yard Trimmings include grass clippings, leaves, flowers, hedge clippings and weeds. Non-hazardous wood waste includes tree branches, tree trunks and untreated lumber.
Who is Required to Have Mandatory Commercial Organics Recycling Services?
Effective January 1, 2016, AB1826 (Mandatory Commercial Organics Recycling) places requirements on businesses, multi-family residences and jurisdictions to divert organics, which consists of food waste, green waste and non-hazardous wood waste, out of the landfills. Obligations for commercial organics recycling will begin on April 1, 2016 and will ramp up over the next 4 years as summarized in the table below:
Commencement Date
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Requirements for Businesses and Multi-Family Residences
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Requirements for Jurisdictions
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January 1, 2016
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NONE
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Implement organics recycling program for businesses and multi-family residences
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April 1, 2016
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Businesses with 8 cubic yards (CY)/week+ of organic material must recycle organics*
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January 1, 2017
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Businesses with 4 CY/week+ of organic material must recycle organics*
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January 1, 2019
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Businesses with 4 CY/week+ of solid waste must recycle organics*
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September 15, 2020
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Businesses with 2 CY/week+ of solid waste** must recycle organics*
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*”Businesses” includes multi-family residences with 5 units or more; however, multi-family premises are not required to recycle food waste.
**On September 15, 2020, CalRecycle made the determination that the statewide disposal of organic waste has not been reduced to 50% of the 2014 disposal level and the AB1826 threshold is lowered to regulated businesses that generate two or more cubic yards per week of solid waste, recyclables and organics. CalRecycle will work with each affected jurisdiction to determine a plan for implementing the lowered threshold by December 31, 2020. Please visit the CalRecycle website to find the more details related to this finding. The City of Dana Point and CR&R will be reaching out to the affected businesses with information to obtain compliance with the updated State mandate.
To summarize the table above, businesses with 8 cubic yards (CY) of organic waste must have an organics diversion program in place by April 1, 2016. These identified businesses will have to source separate organic waste from non-organic waste and participate in a waste recycling service that includes collection and recycling of organic waste. Businesses also have the option to self-haul its organic waste off site for processing and recycling.
The businesses with 4 CY of organic waste would be expected to start organics recycling on or after January 1, 2017 and so forth.
CR&R began offering food waste recycling services for Dana Point food establishments in early 2010 as part of a OC Waste and Recycling grant funded pilot commercial food waste recycling program from April 2010-October 2011. Dana Point was chosen among eight other Orange County cities to participate in the food waste composting program. The Dana Point food businesses that participated in this pilot program included Salt Creek Grille, The St. Regis Monarch Beach and the Ritz Carlton. The total food waste tonnage diverted from these 3 businesses totaled 394.67 tons.
The City’s hauler, CR&R, Inc., has been performing outreach, education and monitoring of the businesses affected by AB1826 and can assist with right-sizing waste services with implementation of the organics program.
View CR&R's Commercial Food Waste Recycling Program handout (PDF, 363KB)or call CR&R (877) 728-0446 for program details.
Edible Food Recovery
What is edible food? Edible food is food intended for people to eat, including food not sold because of appearance, age, freshness, grade, surplus, etc. Edible food includes, but is not limited to, prepared foods, packaged foods and produce. All edible food must meet the food safety requirements of the California Retail Food Code(PDF, 1MB).
To reduce unnecessary food waste and help address food insecurity, SB 1383 requires that by 2025, the State of California recover and redistribute 20 percent of edible food that would have otherwise been sent to landfills. Almost 1 in 4 Californians don’t have enough to eat. Feeding hungry people through food recovery is the best use for edible food.
Information for Edible Food Generators
SB 1383 requires certain businesses that are defined as either a "Tier 1" or "Tier 2" edible food generators to recover edible food. Please see the list below for the types of businesses that fall under the Tier 1 and Tier 2 categories and when each is required to start recovering edible food.
- Tier 1 effective January 1, 2022
- Supermarket
- Grocery store with a total facility size equal to or greater than 10,000 square feet
- Food service provider
- Food distributor
- Wholesale food vendor
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- Tier 2 effective January 1, 2024
- Restaurant with 250 or more seats or a facility size equal to or greater than 5,000 square feet
- Hotel with an on-site food facility and 200 or more rooms
- Health facility with an on-site food facility and 100 or more beds
- Large venue
- Large event
- A state agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet
- Local education agency with an on-site food facility.
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Senate Bill 1383 requires Tier 1 and Tier 2 edible food generators to do the following:
- Recover excess edible food - SB 1383 does not require all excess edible food to be donated. It does however, state the following for Tier 1 and Tier 2 edible food generators:
- Edible food generators shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or service.
- Edible food generators are allowed to give away excess food to employees, take it home for personal use, give it away to customers, etc.
- Edible food generators must recover (for human consumption) the maximum amount of edible food that would otherwise be disposed. This can be accomplished by donating or paying for the food to be recovered by a food recovery organization or service, which includes, but is not limited to food banks, food pantries, soup kitchens, for-profit food recovery services and other non-profits that distribute food to people in need.
- A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the SB 1383 edible food recovery requirements.
- Establish contracts or written agreements - Tier 1 and Tier 2 generators must establish contracts or written agreements with food recovery organizations and services. Food recovery organizations and services vary in the amount and types of food they can receive, so edible food generators may need to establish contracts or written agreements with multiple food recovery organizations and services to be in compliance. CalRecycle has developed a Model Food Recovery Agreement that can be used as a template. These contracts can include the establishment of a regular edible food delivery or collection schedule, identifying allowable edible foods for recovery, and cost-sharing options.
- Maintain Recordkeeping- Tier 1 and Tier 2 edible food generators must maintain records of their food recovery activities. This recordkeeping includes the following:
- A list of each food recovery service or organization that collects or receives its edible food under a contract or written agreement
- A copy of contracts or written agreements between the edible food generator and a food recovery service or organization
- For each food recovery organization or service that the Tier 1 and Tier 2 edible food generators has a contract or written agreement with, records must contain:
- The name, address and contact information of the service or organization
- The types of food that will be collected by or self-hauled to the service organization
- The established frequency that food will be collected or self-hauled
- The quantity of food collected or self-hauled to a service or organization for food recovery. The quantity shall be measured in pounds recovered per month.
The City of Dana Point will post and maintain a List of Edible Food Recovery organizations in Orange County.(PDF, 4MB) Tier 1 and Tier 2 edible food generators will be able to use this list to find a good match for their redistribution of edible food items.
The City of Dana Point is re quired by the State of California to monitor compliance by performing annual inspections to review the following records:
- Contract or written agreement information with food recovery organizations.
- Schedules for food recovery deliveries or collections
- Quantity of food recovered in pounds per month
- Types of food each food recovery organization will receive or collect
More information for Tier 1 and Tier 2 edible food generators is available on CalRecycle's website: https://www.calrecycle.ca.gov/organics/slcp/foodrecovery/donors
The EPA created a list of ideas and activities that grocery stores and other food generators can implement to prevent food waste. Explore ways to mitigate food waste here.