Senate Bill 1383 (SB 1383) is a California State law that went into effect in January 2022 requiring cities and counties to provide organic waste collection to all businesses as well as implement an edible food recovery program that recovers edible food from the waste stream. Organic waste includes food waste such as fruit or vegetable scraps, food soiled paper including coffee filters, and green waste such as weeds or branches. Organic waste in landfills generates methane gas, which contributes significantly to climate change. The goal of SB 1383 is to decrease organic waste disposal by 75% and increase edible food recovery by 20% by 2025.

On January 11, 2022, the Duarte City Council adopted an ordinance updating their Municipal Code to be in compliance with SB 1383. Local Duarte businesses generating more than 2 cubic yards of solid waste per week have been required to establish and maintain commercial organics recycling services since August 2021, in compliance with AB 1826. SB 1383 further expands the requirement to offer a 3-bin solid waste collection to all businesses, each of whom must comply with the new law by separating disposing of organic materials (yard waste and food waste).

Environmental Benefits

Reduce Methane Emissions

•  Landfills undergo anaerobic decomposition which generates methane, whereas compost piles undergo aerobic decomposition which sequesters carbon dioxide – preventing more greenhouse gases from releasing into our atmosphere and contributing further to climate change.

 Composting

• Given the rich nutrient and vitamin content of compost, this addition helps plants grow healthier and more nutritious! 

Drought Resiliency

• Placing organic material back into the soil increases its water holding capabilities, making it more drought resilient.

To learn more about SB 1383, please visit Burrtec's website.

Edible Food Recovery

To meet the mandated statewide goal of increasing edible food recovery by 20% by 2025, the law requires each jurisdiction in California to establish and monitor a robust food recovery program, which will strengthen the relationships between commercial edible food generators and food recovery organizations within their communities, requiring certain food businesses to send the maximum amount of edible food they would otherwise dispose to food recovery organizations.

As a result, the San Gabriel Valley Council of Governments (SGVCOG) launched the San Gabriel Valley Regional Food Recovery Program on September 29, 2021 to support member agencies, such as Duarte, to comply with SB 1383's food recovery mandates and significantly reduce food waste in the San Gabriel Valley. To learn more about commercial edible food generators and the San Gabriel Valley Regional Food Recovery Program, please view the San Gabriel Valley Regional Food Recovery Program widget below.

What is Assembly Bill (AB) 1826? 

AB 1826 set forth mandatory statewide commercial organics recycling requirements that became effective in October 2016. Businesses generating more than two cubic yards of solid waste per week are required to establish and maintain commercial organics recycling services. Organic waste (also referred to as organics or “green waste”) includes food waste, landscape waste, pruning waste, and non-hazardous wood.

What is Organic Waste?

• Food scraps: all solid, semi-solid, and liquid food such as fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta
• Food-soiled paper: uncoated paper soiled by food waste such as napkins, paper towels, paper cups, fast food wrappers and take-out boxes, egg cartons, used pizza boxes, wax-coated cardboard, other paper and compostable food packaging
• Yard trimmings: include grass clippings, leaves, flowers hedge clippings, and weeds. Non-hazardous wood waste includes tree branches, tree trunks, and untreated lumber.

 

Who is Required to have Mandatory Commercial Organics Recycling Services?

• Commercial businesses must recycle all organics, including food scraps and yard/green waste.
  • Effective September 15, 2020, all businesses generating 2 cubic yards or more of commercial solid waste and 20 gallons or more of organic waste per week shall arrange for organic waste recycling service
• Multi-family residential complexes with 5 or more units are required to recycle their yard/green waste under AB 1826.

Commercial Edible Food Generators

To meet the mandated statewide goal, the law requires each jurisdiction in California to establish and monitor a robust food recovery program, which will strengthen between commercial edible good generators and food recovery organizations within their communities, requiring certain food businesses to send the maximum amount of edible food they would otherwise dispose to food recovery organizations.

SB 1383 places commercial edible food generators into two tiers to allow businesses and jurisdictions time to expand or build new food recovery infrastructure and capacity to donate foods that are harder to safely store and distribute.

Commercial Edible Food Generator Requirements

• Secure contracts or written agreements with Edible Food Recovery Services and/or Organizations to recover the maximum amount of edible food that would otherwise be disposed. View CalRecycle's Model Food Recovery Agreement to use as a reference when creating your own agreement. 
• Maintain a list and copy of all Edible Food Recovery Services and/or Organization's contracts or agreements that collects or receives its edible food. Maintain a record of the following for each contract or written agreement:
  • 1) name, address, and contact information of the service or organization
  • 2) the types of food that will be collected by or self-hauled to the service or organization
  • 3) the established frequency that food will be collected or self-hauled
  • 4) the pounds of food per month collected or self-hauled to a service or organization for food recovery

Edible Food

Edible food is defined as food that is safe for human consumption. Unfortunately, too much of it ends up being wasted.  More efforts are needed to get wasted edible food to those who are hungry. SB 1383 establishes two “tiers” of commercial edible food generators to which the regulations apply. Beginning January 1, 2022, Tier 1 generators must arrange for recovery of edible food and keep a record of recovery activities including a contract with a food recovery organization(s). Beginning January 1, 2024, Tier 2 generators will be required to the requirements described above.

Tier 1 Commercial Edible Food Generators

•  Supermarkets
• Grocery stores with a total facility size equal to or greater than 10,000 square feet
• Food service providers
• Food distributors
• Wholesale food vendors

Tier 2 Commercial Edible Food Generators

•  Restaurants with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet
• Hotels with an on‐site food facility and 200 or more rooms
• Health facilities with an on‐site food facility and 100 or more beds
•  Large venues
•  Large events
•  State agencies with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet
• Local education agency facilities with an on‐site food facility

For more information, please visit the CalRecycle's Food Recovery website.

San Gabriel Valley Regional Food Recovery Program 

Known as one of the largest regional food recovery programs in California, this program includes assessing commercial edible food waste generators, identifying and fostering partnerships with local food recovery organizations, implementing outreach and education endeavors, and developing and implementing inspection protocols.

There are several Food Recovery Organizations in and around Duarte, including:

Learn more about the San Gabriel Valley Regional Food Recovery Program on the SGVCOG's website.

Businesses may choose to self-haul organic waste using personal or company vehicles and employee(s). Businesses requesting an Alternative Compliance waiver from collection service from a non-exclusive franchised hauler and choosing to self-haul organic waste must agree to keep receipts or weight tickets from the processing facility and proof that material is being recycled.

These records must be made available upon City request.

If you would like to report an alleged violation of SB 1383, please submit a SB 1383 Violation Complaint Form. This form will be submitted anonymously and will not be disclosed to the alleged violator. Providing your contact information on the bottom section of the form allows the City of Duarte to follow up with you if additional information is needed.