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Climate Change and Solid Waste Management

Mandatory Commercial Recycling

• Introduction and Background
• Key Elements of the Law
• Rulemaking
• Frequently Asked Questions
• Listserv
• Related Projects
• Related Links

Introduction and Background: California’s Mandatory Commercial Recycling Law

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 adopted by the Air Resources Board (ARB) in 2008 pursuant to Assembly Bill (AB) 32, the California Global Warming Solutions Act (Chapter 488, Statutes of 2006) (see CalRecycle's climate page for more information on CalRecycle’s AB32 Scoping Plan responsibilities). 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.

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.

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. Instead, at the same October 20-21 ARB meeting, CalRecycle and ARB presented an informational item on our 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.

Present Effort

The Mandatory Commercial Recycling Regulation was adopted at the Department of Resources Recycling and Recovery (CalRecycle) Monthly Public Meeting on January 17, 2012. AB 341 provided authority to CalRecycle to implement the mandatory commercial recycling program. This regulation reflects the statutory provisions and provides 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 adopted the Regulation on January 17, 2012. The regulation is currently pending approval by the Office of Administrative Law.

This page provides information on the commercial recycling law and its implementation.

Key Elements of the Law

Chapter 476, Statutes of 2011 (Chesbro, 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

• 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.

• 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.

• CalRecycle Review

CalRecycle shall 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.

Implementation Dates: Mandatory Commercial Recycling Program

• 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 overtime.
• 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.
• 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.

Related Projects

Title	Description
Recycling and Composting Emission Reduction Factors	ARB staff developed life-cycle based greenhouse gas emission reduction factors for recycling and composting. These factors were designed to provide local government officials, planners and other interested stakeholders with a reliable estimate for alternative waste management options. The methodology for their development can be found at: Recycling Emission Reduction Factors (PDF, 212 KB) and Composting Emission Reduction Factor (PDF, 152 KB).
Cost Study on Commercial Recycling	An important consideration in implementing commercial recycling is the cost of such programs. A Cost Study on Commercial Recycling was prepared under contract with HF&H to understand the costs, savings, and net costs associated with the expansion of commercial recycling in California. For more information, contact Janelle Auyeung.
Commercial Recycling Cost & Climate Calculator	In business, every dollar counts. One simple way California businesses can help their bottom line is by reducing trash and increasing recycling. CalRecycle’s Commercial Recycling Cost & Climate Calculator can help businesses evaluate how to improve waste management practices to save money and lower their environmental impact. Coming very soon, the calculator is designed for virtually any California business or multifamily complex to assess the financial, climate change, and diversion benefits of reducing and recycling their discarded materials. In doing so, businesses can reduce the amount of money spent on waste hauling services, lower greenhouse gas emissions, and keep reusable and recyclable material out of landfills.
Implementation	In an effort to encourage expansion in commercial recycling programs and in partnership with CalRecycle, the Institute for Local Government has developed: A Sample Commercial Recycling Ordinance Examples of Local Commercial Recycling Ordinances Outreach and Educational Resources Commercial Recycling Case Stories Sample Commercial Recycling Flyer for Businesses and Apartments Commercial Recycling Ordinance Webinar Series A Snapshot of Local Agency Commercial Recycling Programs and Policies A Whitepaper on Working with Local Businesses to Increase Recycling A Discussion Forum on Commercial Recycling Ordinances and Programs (log in required) For more information, contact Kaoru Cruz, contract manager.
Recycling and Waste Management Infrastructure	When implementing any diversion program, a critical consideration is the impact on the existing solid waste management and recycling infrastructure. CalRecycle's Facility Information Toolbox (FacIT) Project is aimed at providing a centralized source of information on California waste management and recycling facilities. This tool will be helpful in determining if future material generation amounts or programs under consideration for implementation or expansion could be supported within the existing regional processing facility capacity limits and/or require the need for expansion of the infrastructure.

Related Links

• The Waste Reduction Awards Program (WRAP) is administered by CalRecycle and provides an opportunity for California businesses and nonprofit organizations to gain public recognition for their outstanding waste reduction efforts and lets the community know your business takes waste reduction seriously. WRAP also provides businesses with examples of successful waste reduction techniques which they may adopt as their own.
• Other Resources for Business and Industry. CalRecycle interacts with California's business community on several fronts, with programs and services geared toward a variety of business groups. This page is continuously updated with resources to help businesses in California to make waste management and purchasing choices that minimize waste, maximize the purchase of recycled content products, increase the use of recycled content materials in manufacturing, and reduce environmental impacts of doing business.
• Small Business Toolkit. A "one-stop-shop" of guidance and resources to help small businesses reduce greenhouse gas emissions and save money. This is just one of the many tools provided at www.coolcalifornia.org to provide all Californians with the tools they need to voluntarily reduce global warming pollution.
• The California Green Business Program is a network of local governments working with the Department of Toxic Substances Control to help companies make the switch to green business practices. Businesses earn a seal of certification from their local city or county by meeting rigorous criteria established by the California Green Business Program.