[Archives] Short-Lived Climate Pollutants (SLCP): Organic Waste Methane Emissions Reductions

This page was archived on 11/3/2020. CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.

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

Clean Draft Regulatory Text Submitted to OAL October 2020

Formal Comment Period: April 20, 2020 – May 20, 2020
Comments must be submitted by 5:00 PM on May 20, 2020. Please note that CalRecycle is only required to respond to comments on the regulatory text that are directed at the changes in this latest draft.

Documents

  1. Formal Comment Period Notice
  2. Formal Proposed Regulatory Text (Fourth Formal Draft), April 20, 2020
  3. List of Main Substantive Changes Made to the Regulatory Text

Comments may be submitted via email to: SLCP.Organics@calrecycle.ca.gov. Comments may also be submitted to:

Ashlee Yee
Materials Management and Local Assistance Division
California Department of Resources Recycling and Recovery
P.O. Box 4025
Sacramento, CA 95812

Formal Comment Period: November 26, 2019 – December 13, 2019
Comments on the updated rulemaking documents must be submitted by 1:00 PM on December 13, 2019.

November 26, 2019, Updated Technical Documents and Appendix to The SB 1383 Short-Lived Climate Pollutants (SLCP) Regulations.

CalRecycle has released an appendix to the Initial Statement of Reasons assessing the costs associated with the revisions to the regulation, revising the methodology used to estimate the costs of regulatory provisions in response to stakeholder comments, and aligning the economic assessments with disposal and recovery projections prepared for the Draft Environmental Impact Report.

This appendix, as well as the entire rulemaking file, including technical documents and all information that provides the basis for the proposed regulation, are available for inspection and copying throughout the rulemaking process.

Documents

  1. Appendix A – Cost Update

October 2, 2019 New Revised Draft of SB 1383 Short-Lived Climate Pollutants (SLCP) Regulations 
CalRecycle has released a new revised draft of the SB 1383 Short-Lived Climate Pollutants Regulations.

Formal Comment Period: October 3, 2019 – October 18, 2019
Comments must be submitted by 1:00 PM on October 18, 2019. Comments germane to the regulatory revisions contained in the updated text will be entered into the record and considered.

Documents

  1. Formal Comment Period Notice
  2. Formal Proposed Regulation Text, October 2, 2019
  3. Summary of Changes Made to The Regulation Text

New Revised Draft of SB 1383 Short-Lived Climate Pollutants (SLCP) Regulations 
CalRecycle has released a new revised draft of the SB 1383 Short-Lived Climate Pollutants Regulations.

Formal Comment Period: June 21, 2019 – July 17, 2019
Comments must be submitted by 1:00 PM on July 17, 2019. Comments germane to the regulatory revisions contained in the updated text will be entered into the record and considered.

Documents

  1. Formal Comment Period Notice
  2. Formal Comment Period Amended Notice
  3. Formal Comment Period Notice of Extension
  4. Amendment to Original ISOR
    1.  Amendment to Original ISOR with Track Changes
  5. Regulatory Text SLCP Organic Waste Reductions
  6. Summary of Changes Made to the Proposed Organic Waste Reduction

Comments may be submitted via email to: SLCP.Organics@calrecycle.ca.gov. Comments may also be submitted to:

Ashlee Yee
Materials Management and Local Assistance Division
California Department of Resources Recycling and Recovery
P.O. Box 4025
Sacramento, CA 95812

Public Workshop
CalRecycle held a public workshop to present the new, revised text of the regulation, June 18, 2019 at the South Coast Air Quality Management District.
Recording of Webcast

45-Day Formal Comment Period: January 18, 2019 – March 4, 2019
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.

Any interested person, or his or her authorized representative, may submit written comments

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

The California Department of Resources Recycling and Recovery (CalRecycle), as the California Environmental Quality Act (CEQA) lead agency, has prepared a Final Program Environmental Impact Report (EIR) for the Statewide Adoption of Regulations for Short-Lived Climate Pollutants (SLCP): Organic Waste Methane Emission Reduction.

A Draft Program EIR was available for public comment through September 13, 2019. Comments were also accepted at the CalRecycle Public Hearing on August 20, 2019 in Sacramento at the Cal EPA Building in the Byron Sher Auditorium.
Questions concerning this Final EIR should be directed to the name and address listed below:

Mail: CalRecycle
Attn: Marcus Santillano
P.O. Box 4025
1001 I Street
Sacramento, CA 95812-4025

Email:  SLCP.Organics@calrecycle.ca.gov.

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 (PDF)
  2. Transcript of Public Hearing, January 22, 2019 (PDF)
  3. Transcript of Public Hearing, January 31, 2019(PDF)
  4. SB 1383 Draft EIR Hearing, Youtube (01:05:31) | Transcript (2019)
  5. Draft Program Environmental Impact Report

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.

PDF Transcripts will open using the reader. All other transcripts are using Microsoft Indexer. After clicking on the link (From the top left menu choose “Timeline”, from top right menu choose “View”, and then “Accessibility” to see the transcript).

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.

Contact

SLCP.Organics@calrecycle.ca.gov

For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov

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