Description

In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy. The new law codifies the California Air Resources Board’s Short-Lived Climate Pollutant Strategy, established pursuant to SB 605 (Lara, Chapter 523, Statutes of 2014), to achieve reductions in the statewide emissions of short-lived climate pollutants.

As it pertains to CalRecycle, SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020, and a 75 percent reduction by 2025. The law provides CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets, and establishes an additional target that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.

For more information on the law and its implementation, visit our SLCP page.

Affected Regulatory Code Sections

California Code of Regulations, Title 14, Division 7, Chapters 3, 3.1, 3.2, 5, 9 and 12, commencing with section 17402.

California Code of Regulations, Title 27, Division 2, Chapters 2, 3, and 4, commencing with section 20164.

Current Status and Documents

On January 18, 2019, the Office of Administrative Law (OAL) published to the California Regulatory Notice Register a notice of the regulations to implement the department's responsibilities as established by SB 1383. This notice began the formal 45-day public comment period of the rulemaking process.

45-Day Formal Comment Period: January 18, 2019 - March 4, 2019
Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulation to the department. The 45-day written comment period for this rulemaking closed at 5 p.m. on March 4, 2019.

CalRecycle held a formal public hearing on March 12, 2019 in Sacramento to receive oral and written testimony on the proposed regulation. (Public Hearing Transcript)

Written comments submitted during the public hearing, both hard copy and electronic, have been combined with the written comments received during the 45-day public comment period. 

Next Steps

CalRecycle will consider all submitted comments and may modify the draft regulation accordingly. The modified draft regulation will then be posted for additional public comment.

Subscribe to the SB 1383 listserv for additional SLCP notifications.

Documents

  1. Notice of Proposed Rulemaking
  2. Initial Statement of Reasons
  3. Formal Proposed Regulation Text, January 18, 2019
    1.  Formatting Sheet (notes formatting changes from December 12 draft)
  4. Standardized Regulatory Impact Assessment (SRIA)
  5. CEQA Scoping Meeting & Documents

Environmental Impact Report

CalRecycle is the lead agency for the proposed project to adopt regulations to implement SB 1383 and is required to prepare an Environmental Impact Report (EIR) to determine if the project may have significant adverse effects on the environment. CalRecycle is currently analyzing the potential environmental impacts of implementing the SB 1383 regulations and will prepare a Draft EIR and a Final EIR in compliance with the California Environmental Quality Act (CEQA). 

  1. Notice of Preparation of Environmental Impact Report 
  2. Transcript of Public Hearing, January 22, 2019
  3. Transcript of Public Hearing, January 31, 2019

If you require assistance accessing any documents on this page, please contact CalRecycle's Office of Public Affairs at (916) 341-6300.

For more information on the regulatory process, please visit the Office of Administrative Law website.

Rulemaking History

Past Workshops

Informal Rulemaking Process (February 2017- December 2018)

At CalRecycle’s December 18, 2018, public meeting, staff received approval to begin the formal rulemaking process and notice the Proposed Organic Waste Reduction Regulations to implement the organic waste landfill reduction requirements of SB 1383.

The Request for Approval is included in the public meeting notice.

Standardized Regulatory Impact Assessment (SRIA). The SRIA is a required element of the initial rulemaking documents that must be submitted to OAL. The SRIA provides a macro statewide analysis of the potential costs and benefits of the regulatory requirements, based on assumptions required by the Department of Finance. The SRIA relies on projections of potential infrastructure scenarios that are consistent with the projections made in the Short-Lived Climate Pollutant Strategy adopted by the California Air Resources Board in 2017.

Note: The SRIA projects potential statewide economic impacts and benefits based on assumptions of economic activity and actions induced by the regulations. The SRIA is not intended for setting specific local organic waste collection rates. Local rate structures are subject to highly localized factors, including but not limited to a jurisdiction’s unique population density, distance to markets, and progress implementing existing recycling mandates (e.g., AB 1826, AB 341, and AB 939). The statewide economic analysis included in the SRIA is not a substitute for local analysis. CalRecycle hosted its last set of informal stakeholder workshops to review draft regulatory language and to further discuss the SB 1383 implementation process. The workshops included specific time to collect stakeholder feedback; and both were broadcast, recorded and will be posted on this page. Topics will include an overview of the 2nd draft of the rulemaking text.

CalRecycle held its sixth series of informal stakeholder workshops to review draft regulatory language, address rate increases and Proposition 218, and further discuss the SB 1383 implementation process. The workshops included specific time to collect stakeholder feedback.

In the September informal stakeholder workshop to discuss the SB 1383 implementation process, CalRecycle collected feedback on the regulatory concepts related to market development and recycling capacity planning, and included a speaker panel addressing markets status and regulatory recommendations.

In the fourth in a series of informal stakeholder workshops to discuss the SB 1383 implementation process, CalRecycle collected feedback on the regulatory concepts related to reporting and enforcement.

CalRecycle held the third in a series of stakeholder workshops in June to discuss the SB 1383 implementation process, on the dates below. Topics included regulatory concepts related to local organic waste collection systems, solid waste facilities, and edible food recovery.

In its second in a series of workshops in May, CalRecycle provided an opportunity for informal stakeholder feedback on the development of regulations related to the implementation of SB 1383. Topics included definitions and methane emission calculations, and there were two panels with speakers experienced with local organics recycling programs and edible food recovery programs.

In February, CalRecycle held the first in a series of workshops in February to provide an overview of the law, topics for which regulations are needed, and preliminary questions for consideration and comment, and to collect public comment.