CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7]
( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. )
(a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate.
(b) It is the intent of the Legislature to allow jurisdictions flexibility in developing and maintaining commercial solid waste recycling programs.
(c) It is the intent of the Legislature 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.
(Added by Stats. 2011, Ch. 476, Sec. 12. (AB 341) Effective January 1, 2012.)
For purposes of this chapter, the following definitions apply:
(a) “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.
(b) “Commercial solid waste” includes all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of five or more units.
(c) “Commercial waste generator” means a business subject to subdivision (a) of Section 42649.2.
(d) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions:
(1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request.
(2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area.
(3) The food and beverage orders are delivered directly to the
consumer, unless the establishment is buffet style or self-service.
(4) Any requested items associated with the consumer’s food or beverage order are brought to the consumer, unless the establishment is buffet style or self-service.
(5) The check is delivered directly to the consumer at the assigned eating area.
(e) “Park” means a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility.
(f) “Self-hauler” means a business that hauls its own waste rather than
contracting for that service.
(Amended by Stats. 2021, Ch. 56, Sec. 1. (AB 504) Effective January 1, 2022.)
(a) A business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider.
(b) A commercial waste generator shall take at least one of the following actions:
(1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials.
(2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.
(c) (1) A business subject to subdivision (a) and that provides customers access to the business shall provide customers with a commercial solid waste recycling bin or container to collect material purchased on the premises
and that fulfills all of the following requirements:
(A) Is
in the same area
as a bin or container for trash other than recyclable commercial solid waste, except in restrooms.
(B) Is visible and easily accessible.
(C) Is clearly marked with educational signage indicating what is appropriate to place in the commercial solid waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices.
(2) Full-service restaurants are exempt from the requirements of this subdivision if the full-service restaurant provides its employees a commercial solid waste recycling bin or
container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste.
(3) With respect to a park that is subject to subdivision (a), this subdivision only applies to permanent, nonmobile food service facilities with dedicated seating areas that are not full-service restaurants.
(4) The
department shall develop model signage that businesses may use in implementing paragraph (1).
(5) For a park that is subject to subdivision (a), this subdivision shall apply on and after January 1, 2022.
(d) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this
section.
(Amended by Stats. 2021, Ch. 56, Sec. 2. (AB 504) Effective January 1, 2022.)
(a) On and after July 1, 2012, each jurisdiction shall implement a commercial solid waste recycling program appropriate for that jurisdiction designed to divert commercial solid waste from businesses subject to Section 42649.2, whether or not the jurisdiction has met the requirements of Section 41780.
(b) If a jurisdiction already has a commercial solid waste recycling program as one of its diversion elements that meets the requirements of this section, it shall not be required to implement a new or expanded commercial solid waste recycling program.
(c) The commercial solid waste recycling program shall be directed at a
commercial waste generator, as defined in subdivision (c) of Section 42649.1, and may include, but is not limited to, any of the following:
(1) Implementing a mandatory commercial solid waste recycling policy or ordinance.
(2) Requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement.
(3) Requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from disposal.
(d) The commercial solid waste recycling program shall include education, outreach to, and monitoring of, businesses. A jurisdiction shall notify a business if the business is not in compliance
with Section 42649.2.
(e) The commercial solid waste recycling program may include enforcement provisions that are consistent with a jurisdiction’s authority, including a structure for fines and penalties.
(f) The commercial solid waste recycling program may include certification requirements for self-haulers.
(g) The department shall review a jurisdiction’s compliance with this section as part of the department’s review required by Section 41825. 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.
(h) The department may also review whether a jurisdiction is in compliance with this section at any time that the department receives information that a jurisdiction has not implemented, or is not making a good faith effort to implement, a commercial recycling program.
(i) During its review pursuant to subdivision (g) or (h), the department shall determine whether each jurisdiction has made a good faith effort to implement its selected commercial recycling program. For purposes of this section, “good faith effort” means all reasonable and feasible efforts by a jurisdiction to implement its commercial
recycling program. During its review, the department may include, but is not limited to, the following factors in its evaluation of a jurisdiction’s good faith effort:
(1) The extent to which businesses have complied with Section 42649.2, including information on the amount of disposal that is being diverted from the businesses, if available, and on the number of businesses that are subscribing to service.
(2) The recovery rate of the commercial waste from the material recovery facilities that are utilized by the businesses, all information, methods, and calculations, and any additional performance data, as requested by the department from the material recovery facilities pursuant to Section 18809.4 of Title 14 of the California Code of Regulations.
(3) The extent to which the jurisdiction is conducting education and outreach to businesses.
(4) The extent to which the jurisdiction is monitoring businesses, and notifying those businesses that are out of compliance.
(5) The availability of markets for collected recyclables.
(6) Budgetary constraints.
(7) In the case of a rural jurisdiction, the effects of small geographic size, low population density, or distance to markets.
(Amended by Stats. 2013, Ch. 509, Sec. 2. (AB 1398) Effective January 1, 2014.)
(a) If a jurisdiction adds or expands a commercial solid waste recycling program to meet the requirements of Section 42649.3, the jurisdiction shall not be required to revise its source reduction and recycling element, or obtain the department’s approval pursuant to Article 1 (commencing with Section 41800) of Chapter 7 of Part 1.
(b) If an addition or expansion of a jurisdiction’s commercial solid waste recycling program is necessary, the jurisdiction shall update in its annual report required pursuant to Section 41821.
(Added by Stats. 2011, Ch. 476, Sec. 12. (AB 341) Effective January 1, 2012.)
(a) This chapter does not limit the authority of a local agency to adopt, implement, or enforce a local commercial solid waste recycling requirement that is more stringent or comprehensive than the requirements of this section or limit the authority of a local agency in a county with a population of less than 200,000 to require commercial solid waste recycling.
(b) This chapter does not modify, limit, or abrogate in any manner any of the following:
(1) A franchise granted or extended by a city, county, or other local government agency.
(2) A contract, license, or permit to collect solid waste previously granted or extended by a city, county, or other local government agency.
(3) The existing right of a business to sell or donate its recyclable materials.
(Added by Stats. 2011, Ch. 476, Sec. 12. (AB 341) Effective January 1, 2012.)
A local agency may charge and collect a fee from a commercial waste generator in order to recover the local agency’s costs incurred in complying with this chapter.
(Added by Stats. 2011, Ch. 476, Sec. 12. (AB 341) Effective January 1, 2012.)
If the State Air Resources Board adopts regulations for commercial recycling prior to the effective date of the act of the 2011–12 Regular Session of the Legislature adding this section, those regulations shall be deemed to have been adopted by the department, and they shall be added to the department’s regulations and deleted from the board’s regulations as if it were a change without regulatory effect.
(Added by Stats. 2011, Ch. 476, Sec. 12. (AB 341) Effective January 1, 2012.)