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SB 1383 Organics and Recycling Law
Requirements for Residents and Businesses
Edible Food Recovery
Waivers for Businesses
Reduce Food Waste at the Source
Enforcement
Canyonlands Customers
What is SB 1383?
When organic material, such as food, plant debris, and soiled paper are buried in a landfill, they produce powerful greenhouse gases that contribute to the climate crisis. As we have all seen, this has contributed to severe droughts, wildfires, and extreme heat in California. To address the climate crisis, California has passed Senate Bill (SB) 1383, which aims to reduce food and other organic material we send to the landfill.
SB 1383 Goals:
- By 2020, reduce organic material we send to the landfill by 50 percent (based on 2014 levels).
- By 2025, reduce organic material we send to the landfill by 75 percent (based on 2014 levels).
- By 2025, recover 20 percent of currently disposed edible food for human consumption.
Requirements for Residents and Businesses:
SB 1383 regulations are implemented in Alameda County under the Organics Reduction & Recycling Ordinance (ORRO).
Per the ORRO,
All Residents Must:
- Subscribe to recycling and organics service. If you do not have the proper carts/bins, contact Alameda County Industries (ACI) at (510) 483-1400 (single-family CVSan residents) or your property manager (multi-family residents).
- Properly sort recycling and organic material into the correct cart/bin.
All Multi-Family Property Owners/Managers and Businesses Must:
- Subscribe to recycling and organics service.
- Properly sort recycling and organic material into the correct cart/bin.
- Place color-coded and labeled recycling and organics containers next to all indoor garbage containers.
- Educate employees, contractors, tenants, and students about SB 1383 requirements at least annually.
- Inform tenants no later than 14 days after move-in and at least 14 days prior to move-out about SB 1383 requirements.
- Commercial properties: periodically inspect carts/bins and provide feedback to employees and contractors about incorrectly placed items.
- Certain businesses will be required to donate surplus edible food. See below for a list of requirements and to see if your business must comply.
Two waivers are available for businesses:
- De minimus waiver – for businesses that generate a minimal amount of organic waste or recyclables.
- Physical space waiver – for businesses where physical space constraints prohibit the addition of recycling and/or organics carts/bins.
Businesses that have alternate arrangements for recycling and/or organics collection service must complete Alameda County Waste Management Authority’s (StopWaste) Certification of Recycling Service (CRS) form.
Visit StopWaste’s website to learn more about the available waivers, apply for a waiver, or complete a CRS form.
Edible Food Recovery Requirements for Businesses
Certain food service businesses, also known as commercial edible food generators (CEFGs), must comply with SB 1383’s edible food recovery requirements, which are listed below. These businesses are categorized as either Tier One* or Tier Two* businesses. Tier One businesses must comply by January 1, 2022. Tier Two businesses must comply by January 1, 2024. Please note: Not all businesses fall into these two tiers.
- Recover the maximum amount possible of edible food that would have otherwise been disposed.
- Partner with one or more food recovery organizations or services (i.e., food banks, food pantries, etc.) to have them pick up or receive your edible food donations.
- Have a written contract or agreement with the food recovery organization(s) or service(s). CalRecycle has developed a Model Food Recovery Agreement that businesses can use as a guide when creating their own contract or agreement.
- Maintain records that include information on the food recovery organization(s) or service(s) that will collect or receive the business’ edible food donations, the types of food donated, and the quantity of food donated.
Additionally, Tier One and Tier Two Businesses may not intentionally spoil edible food and are subject to inspection.
Tier One* Generators
- Supermarkets with gross annual sales of $2,000,000, or more.
- Grocery stores with total facility size equal to or greater than 10,000 square feet.
- Food service providers that provide food services to institutional, governmental, commercial, or industrial locations based on contractual arrangements.
- Wholesale food vendor that receives, ships, stores, and prepares food for wholesale distribution.
Tier Two* 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 that are permanent and annually seat or serve an average of more than 2,000 individuals within the grounds of the facility per day of operation. Large venues include but are not limited to stadiums, arenas, fairgrounds, and amusement parks.
- Large events that charge an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event. Large events include but are not limited to flea markets and sporting events.
- State agencies that have a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet.
- Local education agencies with an on-site food facility.
If a CEFG has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services pursuant to Section 7(c)(2) of Alameda County’s ORRO, the CEFG must keep a record that describes (i) its direct donation of Edible Food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus Edible Food that it can donate.
Reduce Food Waste at the Source
Failure to comply with SB 1383 requirements may result in a fine effective January 1, 2022.
Your business or multi-family complex could be issued a fine for contamination – having an excessive amount of incorrect items in the recycling and organics carts/bins. Service interruptions may also occur if ACI observes contamination in residential, commercial, and multi-family carts/bins. ACI may refuse to service your carts/bins if contamination may affect an entire load at the recycling or composting facility.
Additionally, ACI will conduct annual route reviews of residential and commercial carts/bins. During the route review, ACI will inspect a sample of carts/bins to check for contamination (materials placed in the incorrect cart/bin) and other issues, such as overflow. If ACI observes contamination during the route review, they will notify the customer of the violation.
To report a complaint of noncompliance, please complete StopWaste’s Noncompliance Complaint Form.
Customers in the Canyonlands Annexation Area
Canyonlands customers will continue to receive recycling and garbage service from ACI. Canyonlands customers have several options to comply with the regulations of SB 1383 and the ORRO to meet the requirement for proper organics material processing:
- Self-haul material to an organics processing facility, such as the Davis Street Resource Recovery Complex and Transfer Station (formerly known as Davis Street Transfer Station).
- Share organics service with another resident or place of business.
- Manage organics on-site through agricultural practices or on-site composting.
- Do not produce organic material on-site.
- For businesses only: Back-haul organics to a central facility that is owned by the business and which composts the material.
Canyonlands customers will not be receiving an organics cart/bin.
Commercial Canyonlands customers (businesses) have two options to comply with the SB 1383 service requirements, outlined below.
Option 1: Complete a Certification of Recycling Service (CRS) form if your business does any of the following:
• Self-haul material to an organics processing facility, such as the Davis Street Resource Recovery Complex and Transfer Station (formerly known as Davis Street Transfer Station, located in San Leandro).
• Share organics service with another resident or place of business.
• Back-haul organics to a central facility that is owned by the business and which composts the material.
Option 2: Submit a Waiver Application if your business does any of the following:
• Manage organics on-site through agricultural practices or on-site composting.
• Do not produce organic material on-site or have physical space constraints.
Complete a CRS form or Waiver application at stopwaste.org/Rules-Waivers.
Questions about SB 1383?
Contact CVSan by email at contact@cvsan.org, or call (510) 537-0757.