SB 1383

Short-Lived Climate Pollution Reduction

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What is SB 1383?

In 2016, Governor Brown signed Senate Bill 1383 into California law, establishing statewide greenhouse gas emission reduction goals:

• By 2020, reduce the amount of organic material disposed in landfills by 50% from the 2014 level, and
• By 2025, reduce the amount of organic material disposed in landfills by 75% from the 2014 level.
• By 2025, no less than 20% of edible food currently disposed must also be recovered for human consumption.

This law expands upon the requirements of AB 341: Mandatory Commercial Recycling and AB 1826: Mandatory Commercial Organics. However, SB 1383 is unique in that it impacts residents in addition to businesses, and it requires some businesses to donate excess edible food to feed people in addition to diverting organic materials from the garbage. As the most aggressive waste reduction law to be adopted in California for the past 30 years, SB 1383 includes significant penalties for non-compliance.

The complete text on the final regulations for SB 1383 can be found on the CalRecycle website. CalRecycle is the state agency responsible for creating the regulatory standards for SB 1383. 

Why was SB 1383 passed?

California is experiencing a climate crisis: record-breaking temperatures, longer fire seasons, extreme droughts, and rising sea levels. These extreme weather events are partly caused by too much greenhouse gas in the atmosphere, so named because they trap the sun’s heat and warm the planet. 

Scientists tell us that greenhouse gases released by human activities cause climate change. When organic materials like food scraps & yard waste are landfilled, they break down anaerobically (without oxygen). This creates methane - a greenhouse gas 84x more potent than carbon dioxide (CO2). Landfills are the 3rd largest source of methane emissions in California according to CalRecycle. 

Reducing short-lived climate super pollutants like methane will have the fastest impact on the climate crisis and the health of our planet. Composting organic materials significantly reduces greenhouse gas production. 

When finished compost is applied on land, greenhouse gases are pulled from the atmosphere and into the soil. By composting organic materials and recovering edible food for hungry people, we can all do our part to slow climate change.

Additionally, SB 1383 addresses the issue of food waste and insecurity. About 40% of all food produced in the U.S. is wasted, and almost 1 out of 4 Californians are food insecure. The edible food recovery requirement will help feed those who are food insecure and prevent edible food (more compostable material) from being landfilled.

Who is impacted?

The SB 1383 regulations apply to all persons and entities that generate organic materials, such as food scraps and plant trimmings. Everyone is required to divert their organic materials from the garbage. In addition, certain entities that provide food will be required to donate their excess food to feed people.

What are organics?

The following materials are considered “organic waste”:

• Food waste: things like vegetables, fruits, meat, bones, fish, dairy, bread, rice, plate scrapings, spoiled food
• Yard waste: things like grass clippings, leaves, branches, flower trimmings, hedge trimmings, weeds
• Non-hazardous wood waste: things like unpainted, unstained, or untreated scrap wood
• Food-soiled paper waste: things like napkins, paper towels, paper plates and pizza boxes, coffee filters, wooden chopsticks

How does SB 1383 impact me as a resident?

You must sort your recyclables and organic waste including paper, cardboard, yard waste, food scraps, and food soiled paper from the trash.

Want to compost at home? Learn about backyard composting workshops that are sponsored annually by the UC Master Gardeners, City of Napa, Napa County and the Upper Valley Waste Management Agency by visiting the UC Master Gardeners of Napa County website.

NOTE: Managers and owners of multifamily buildings have additional responsibilities. Please see requirements for businesses

How does SB 1383 impact me as a business?

If you own a business or multi-family housing complex, you are required to divert organic materials from the landfill by:

• Subscribing to organics collection service in addition to garbage and recycling service OR
• Hauling your organic waste and recyclables (self-hauling) to recycling and composting/organics processing facilities, like Clover Flat Resource Recovery Park up-valley and the Napa Recycling and Composting Facility in south Napa County. Note: According to this state law, if you choose to self-haul your organic waste and recyclables to organic waste processing facilities instead of signing up for collection service, you must keep records of each of your deliveries to the processing sites, in the form of weight tags and delivery receipts, and be able to provide copies of these records to County officials whenever they request them.
• Providing organics and recycling containers to employees, contractors, tenants, and customers. There must be access to an adequate number, size, and location of containers.
• Providing indoor recycling and organics collection containers in all areas where a garbage container is located. The collection containers must conform to the color scheme: green for organics, blue for recycling, gray for garbage.
• Annually providing educational information to tenants and staff about the requirements to separate organics and recycling from the garbage. In addition, education must be provided on how to properly sort the three waste streams into correct containers. Please note, for new tenants, this information must be provided before or within 14 days of move-in.
• Prohibiting employees from placing organics in the garbage.
• Periodically inspecting the recycling and organics containers for contamination and if any is found, provide information/education to correct behavior.

Is my business classified as a food service business (commercial food generator) that must comply with SB 1383?

Certain entities that provide food are required to donate the maximum amount of excess edible food to feed people.

Tier 1 commercial entities are required to comply starting January 1, 2022. Tier 1 commercial entities include:

• Supermarkets
• Grocery stores (with a total facility size 10,000 square feet or more)
• Food service providers (contracted)
• Food distributors
• Wholesale food vendors

Tier 2 commercial entities are required to comply starting January 1, 2024. Tier 2 commercial entities include: 

• Restaurants (with 250 seats or more, or 5,000 square feet or more)
• Hotels (with on-site food facility and 200 rooms or more)
• Health facilities (with onsite food facility and 100 or more beds)
• State agencies (with a cafeteria with 250 or more seats, or 5,000 square feet or more)
• Local education agencies (with an onsite food facility)
• Large venues and events

A contract or written agreement must be maintained with food recovery service(s) or organization(s) to pick up or receive edible food.

A record must also be kept indicating the types of food being donated, pounds donated per month, frequency of donations, and the contact information of the contracted food recovery service(s) and/ or organization(s).

Large venues or large event operators that do not provide food services, but allow for food to be provided, shall require food facilities operating on site to comply with the above organics diversion and food recovery requirements

Generators shall not intentionally spoil food that can be recovered.

A model edible food recovery agreement can be found on CalRecycle’s website (scroll down to the “Model Tools” section)

A list of food recovery services and organizations serving Napa County can be found on Napa Recycling and Waste Services website.

What if I self haul?

It is permissible for residents and businesses to self haul.

Residents and businesses must separate organic and recyclable materials from garbage and haul waste to a facility such as the Napa Recycling & Compost Facility or Clover Flat Resource Recovery Park. 

Businesses are required to keep records of receipts and weight tickets. CalRecycle has developed a recordkeeping tool for commercial self haulers (scroll down to “CalRecycle Recordkeeping Resources”)

Clover Flat Landfill has developed a guide to self hauling to Clover Flat Landfill (PDF)

What happens after I place my materials at the curb

Click this link for a video on Napa County Recycling & Waste Service's compost process and Upper Valley Disposal & Recycling's website for more information on what happens to your compost after it leaves the curb. 

Resources 

We’re here to help you successfully comply with SB 1383, so we can divert organics from the landfill and reduce emissions!

Napa County and the Upper Valley Waste Management Agency provides free site visits, trainings and interior recycling and compost containers to businesses, schools and multi-family dwellings committed to recycling and composting.

For south unincorporated areas served by Napa County Recycling & Waste Services, contact David Briggs at (707) 253-4094 or [email protected]. For upper valley areas served by Upper Valley Disposal & Recycling, contact Amanda Griffis at 707-259-8330 or [email protected]