On September 22, Governor Newsom signed Assembly Bill 2902 (Wood, D-Healdsburg), which makes several changes to CalRecycle’s SB 1383 organic waste regulations, including: 

  • Extending the existing rural exemption for the state’s 19 counties with fewer than 70,000 residents (and cities within those counties).  Those 19 counties are Lake, San Benito, Tehama, Tuolumne, Calaveras, Siskiyou, Amador, Lassen, Glenn, Del Norte, Colusa, Inyo, Plumas, Mariposa, Trinity, Mono, Modoc, Sierra, and Alpine.   
  • Providing flexibility for jurisdictions with nearby bear populations to use bear boxes with lid colors that don’t meet the regulatory requirements.   
  • Expanding CalRecycle’s existing grant program to fund the purchase and distribution of bear bins to residents.   
  • Adjusting local procurement targets to exclude residents covered by low-population and elevation waivers. 
  • Charging CalRecycle with increasing local benefits from edible food recovery programs, sustaining the use of organics for local animal feed practices, promoting healthy soils programs, and educating local governments and the solid waste industry about state financial assistance available for reducing landfill emissions. 
  • Clarifying existing caselaw that local compost/mulch giveaways and rebates are not a gift of public funds. 
  • Reducing the frequency of CalRecycle’s review of local AB 939 solid waste diversion programs. 

Several other components of AB 2902 that would have assisted medium-sized counties and promoted community composting programs were previously removed by legislative policy and fiscal committees.

RCRC was pleased to sponsor AB 2902 to provide local governments and CalRecycle with more flexibility in implementing the state’s organic waste recycling program and accommodating differing local needs.

Governor Newsom also signed another organic waste-related measure supported by RCRC on September 22.  SB 1046 (Laird, D-Santa Cruz) requires CalRecycle to develop a programmatic environmental impact report for small and medium-sized organic waste compost facilities, thereby simplifying the process for local permitting of those facilities and reducing delays related to environmental review and litigation.  Governor Newsom had previously vetoed SB 972 (Min, D- Irvine) which sought to formalize CalRecycle technical assistance program through which it helps local governments comply with SB 1383’s requirements.

One final organic waste-related measure awaits the Governor’s action.  AB 2346 (Lee, D-San Jose) is sponsored by StopWaste (Alameda County Waste Management Authority) and provides local governments with several other pathways to comply with CalRecycle’s SB 1383 procurement requirements.

RCRC will continue to engage with CalRecycle about other potential adjustments to the SB 1383 regulations to increase local flexibility, reduce compliance challenges, and promote local innovation. 

For more information, please contact RCRC Senior Policy Advocate John Kennedy.