Mandatory Commercial Recycling Regulation
The Office of Administrative Law (OAL) approved the mandatory commercial regulation on May 7, 2012 and it became effective immediately. On June 27, 2012 the Governor signed Senate Bill 1018 which included an amendment that requires a business that generates 4 cubic yards or more of commercial solid waste per week to arrange for recycling services.
New regulation to clarify the responsibilities in implementing mandatory commercial recycling as required by Assembly Bill 341 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]) and Senate Bill 1018. This regulation addresses recycling requirements for businesses that generate 4 or more cubic yards of commercial solid waste per week and multifamily residential dwellings with 5 or more units, regardless of the amount of waste generated; local jurisdiction requirements for education, outreach, monitoring and reporting; and CalRecycle review. Please refer to the FAQs for additional guidance.
Affected Regulatory Code Sections
California Code of Regulations, Title 14, Division 7, Chapter 9.1, commencing with Section 18835.
- January 17, 2012 Public Hearing: CalRecycle held a public hearing to receive comments before adopting the proposed Mandatory Commercial Recycling Regulation. The Regulation was adopted at the January monthly public meeting.
- December 13, 2011 Public Hearing: CalRecycle held a public hearing to receive comments for the proposed regulation following the 45-day comment period.
- October 28, 2011: CalRecycle began the 45-day comment period for the proposed regulation, extending through December 12, 2011.
- Senate Bill 1018 documents for the Mandatory Commercial Recycling Regulation:
- Notice Publication/Regulations Submission. Form 400 Nonsubstantive change. For an accessible version of this document, contact the person listed in the footer below.
- Statement of Explanation. Explanation of the nonsubstantive change
- OAL Approval. OAL approved the Nonsubstative change
- Regulation Text. Final text of the regulation reflecting SB 1018.
- OAL approved documents for the Mandatory Commercial Recycling Regulation:
- Approved Regulation Text. OAL approved the final text of the regulation on May 7, 2012.
- Final Statement of Reasons. Explains the purpose and intent of the regulations.
- Updated Informative Digest. Updated summary of the preceding laws and regulations relating to the regulations and the effect of the regulations.
- Final Statement of Reasons Addendum #1, Nonduplication.
- Revised Comment List.
- Notice Publication/Regulations Submission Form 400 Copy of submission approved by OAL. For an accessible version of this document, contact the person listed in the footer below.
- Documents for the Adoption of Proposed Mandatory Commercial Recycling Regulation at the January 17, 2012 CalRecycle public meeting:
- Documents for the October 28, 2011 CalRecycle public meeting:
- May 7, 2012: The Office of Administrative Law (OAL) approved the mandatory commercial regulation and it became effective immediately.
- January 17, 2012: The Mandatory Commercial Recycling Regulation was adopted at the Department of Resources Recycling and Recovery (CalRecycle) Monthly Public Meeting.
- December 13, 2011: CalRecycle held a public hearing to receive additional comments on the proposed regulation.
- October 28 to December 12, 2011: 45-day comment period for the proposed regulation.
- October 28, 2011: Office of Administrative Law approved the publication of the regulatory packet and the 45-day comment period started.
- October 18, 2011: CalRecycle approved the Proposed Mandatory Commercial Recycling Regulations and directed staff to forward the regulatory packet to the Office of Administrative Law at the CalRecycle Public Meeting.
Rulemaking History Prior to AB 341
Prior to the passage AB 341, CalRecycle and the ARB worked together to establish a rulemaking process for the Mandatory Commercial Recycling Measure required in the AB 32 Scoping Plan. Under a Memorandum of Understanding between the two, CalRecycle was responsible for developing, implementing, and enforcing the regulations, while ARB was responsible for adopting the regulations and providing additional enforcement if needed. To build the basis for the rulemaking, CalRecycle and the ARB hosted eight (8) informal workshops to solicit stakeholder feedback regarding the measure and associated draft regulations. These workshops offered an informal opportunity to talk about design and implementation issues of this measure.
While there are some distinctions between the draft regulations in this prior rulemaking effort and the commercial recycling program outlined in AB 341, the fundamental framework and principals are parallel. Therefore, CalRecycle staff adjusted the proposed regulation for a new rulemaking, as described above to reflect the specifics of AB 341, while also carrying forward the language and details incorporated through the nearly 3-year informal stakeholder engagement process.
The following provides additional details regarding each of these workshops.
July 19, 2011 (Sacramento, California)
CalRecycle staff conducted a workshop seeking stakeholder input on additional staff economic analysis and changes to the proposed AB 32 Mandatory Commercial Recycling regulation since the January 19, 2011 meeting. The workshop materials and description are posted on the related CalRecycle public notice page.
January 19, 2011 (Sacramento, California)
At the January 19, 2011 workshop, CalRecycle and ARB staff reviewed the revised draft regulatory language, various related economic and environmental impact analyses, and the final draft report for the cost study on commercial recycling. Staff engaged with participants, addressing questions and collecting informal stakeholder comments related to these subjects through January 26, 2011.
September 21, 2010 (Sacramento, California)
In coordination with the Air Resources Board, CalRecycle focused the September 21, 2010 informal stakeholder workshop on various related analysis efforts, including:
- Cost model for economic evaluation of the proposed regulation with supplemental economic analysis
- Local government cost survey
- Recycling and composting GHG emission reduction factors
- Environmental impacts analysis
The workshop materials are posted on the related CalRecycle public notice page. CalRecycle staff requested comments by October 8, 2010.
June 16, 2010 (Sacramento, California)
As part of the Materials Management and Local Assistance (MMLA) monthly public meeting agenda, CalRecycle staff engaged in an informal stakeholder workshop on the proposed AB 32 Mandatory Commercial Recycling regulation. Event information included: agenda, proposed regulations, summary of proposed regulation, background information, and presentations. CalRecycle staff requested comments by June 30, 2010.
Workshop topics included:
- Introductions and general project background information.
- Overview of the regulation.
- Focused discussion on related issues.
- Presentation of associated tools.
- Next steps and timeline for formal rulemaking.
- Sample Mandatory Commercial Recycling Ordinance Project by Yvonne Hunter, Institute for Local Government.
- Calculator to Estimate Climate, Financial, and Diversion Benefits of Zero Waste by Amity Lumper, Cascadia Consulting Group, Inc.
December 15, 2009 (Sacramento, California)
September 15, 2009 (Sacramento, California)
At the September 15th CIWMB Board Meeting, CIWMB Staff presented a compilation of stakeholder input obtained from workshops conducted in July and August. Also presented was Staff’s Draft Concepts for Mandatory Commercial Recycling Regulation.
All interested stakeholders were invited to informal stakeholder workshops on Mandatory Commercial Recycling.
Staff provided background information regarding this measure, including related legislation, support projects, and the overall timeline at two initial workshops hosted in the summer of 2009. Discussion included input on a range of issues such as thresholds, exemptions, implementation, enforcement, and costs. These are also described in the related "white paper" provided above.
In follow-up to these workshops, staff prepared and presented a summary of the informal stakeholder comment received relative to staff's draft conceptual regulatory provisions at the September 9, 2009, Strategic Policy Development Committee meeting. At this meeting, staff was directed to use these conceptual regulatory provisions as the basis for draft regulatory language to be presented and discussed at the Strategic Policy Development Committee meeting in December 2009.
July 20, 2009
CalEPA Headquarters Building
August 6, 2009
South Coast Air Quality Management District
Diamond Bar, California
- The City of Chula Vista’s Commercial Recycling Ordinance by Lynn France. For more information, refer to the City of Chula Vista's Business Recycling Guidelines.
Rulemaking File Archives http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/
Legal Office: LegalSec@calrecycle.ca.gov (916) 327-0089