Section § 42649

Explanation

This law section emphasizes that the state wants businesses to recycle the waste they create. The government aims to provide local areas with the flexibility to create and manage their recycling programs. The goal is to cut down greenhouse gases by boosting recycling efforts and to support expansion of recycling services and manufacturing facilities in the state.

(a)CA Public Resources Code § 42649(a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate.
(b)CA Public Resources Code § 42649(b) It is the intent of the Legislature to allow jurisdictions flexibility in developing and maintaining commercial solid waste recycling programs.
(c)CA Public Resources Code § 42649(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.

Section § 42649.1

Explanation

This part of the law defines terms for managing commercial solid waste. It clarifies what a 'business' is, which includes both for-profit and nonprofit entities and multifamily residential units. 'Commercial solid waste' refers to waste from businesses or multifamily homes with five or more units. A 'commercial waste generator' is related to businesses that must follow separate guidelines. It also explains what a 'full-service restaurant' is, including how they serve customers, and defines what counts as a 'park', like theme parks or zoos. Lastly, a 'self-hauler' is a business that takes care of its own waste disposal.

For purposes of this chapter, the following definitions apply:
(a)CA Public Resources Code § 42649.1(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)CA Public Resources Code § 42649.1(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)CA Public Resources Code § 42649.1(c) “Commercial waste generator” means a business subject to subdivision (a) of Section 42649.2.
(d)CA Public Resources Code § 42649.1(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)CA Public Resources Code § 42649.1(d)(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)CA Public Resources Code § 42649.1(d)(2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area.
(3)CA Public Resources Code § 42649.1(d)(3) The food and beverage orders are delivered directly to the consumer, unless the establishment is buffet style or self-service.
(4)CA Public Resources Code § 42649.1(d)(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)CA Public Resources Code § 42649.1(d)(5) The check is delivered directly to the consumer at the assigned eating area.
(e)CA Public Resources Code § 42649.1(e) “Park” means a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility.
(f)CA Public Resources Code § 42649.1(f) “Self-hauler” means a business that hauls its own waste rather than contracting for that service.

Section § 42649.2

Explanation

If a business creates at least four cubic yards of waste weekly or is a multi-unit dwelling with five or more units, it needs to have recycling services. Businesses can either separate recyclables from regular waste or use a service that processes mixed waste effectively.

Businesses open to customers must provide recycling bins that are easy to find and clearly marked to show what can be recycled. Restaurants with table service don't have to follow these rules for customer bins if they recycle using employee-only bins and have a recycling program. Parks with permanent food service areas that aren't full-service restaurants must follow similar rules starting January 1, 2022.

Also, property owners of large residential complexes can ask tenants to separate recyclable materials to help follow these rules.

(a)CA Public Resources Code § 42649.2(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)CA Public Resources Code § 42649.2(b) A commercial waste generator shall take at least one of the following actions:
(1)CA Public Resources Code § 42649.2(b)(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)CA Public Resources Code § 42649.2(b)(2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.
(c)Copy CA Public Resources Code § 42649.2(c)
(1)Copy CA Public Resources Code § 42649.2(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)CA Public Resources Code § 42649.2(c)(1)(A) Is in the same area as a bin or container for trash other than recyclable commercial solid waste, except in restrooms.
(B)CA Public Resources Code § 42649.2(c)(1)(B) Is visible and easily accessible.
(C)CA Public Resources Code § 42649.2(c)(1)(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)CA Public Resources Code § 42649.2(c)(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)CA Public Resources Code § 42649.2(c)(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)CA Public Resources Code § 42649.2(c)(4) The department shall develop model signage that businesses may use in implementing paragraph (1).
(5)CA Public Resources Code § 42649.2(c)(5) For a park that is subject to subdivision (a), this subdivision shall apply on and after January 1, 2022.
(d)CA Public Resources Code § 42649.2(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.

Section § 42649.3

Explanation

This law requires each area in California to set up a recycling program for commercial waste starting July 1, 2012. The program should help businesses reduce the amount of waste going to landfills. If an area already has a qualifying program, they don't need to start a new one.

The recycling program focuses on businesses and may include rules that require businesses to recycle, either through local laws or agreements. The program must also involve educating businesses, monitoring their compliance, and possibly enforcing rules with fines.

There can be specific rules for businesses that recycle their own waste. The state will check if these programs are running properly and if the local areas are making a real effort. They will look at business compliance, recycling rates, education efforts, and other factors like budget and recycling market access.

(a)CA Public Resources Code § 42649.3(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)CA Public Resources Code § 42649.3(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)CA Public Resources Code § 42649.3(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)CA Public Resources Code § 42649.3(c)(1) Implementing a mandatory commercial solid waste recycling policy or ordinance.
(2)CA Public Resources Code § 42649.3(c)(2) Requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement.
(3)CA Public Resources Code § 42649.3(c)(3) Requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from disposal.
(d)CA Public Resources Code § 42649.3(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)CA Public Resources Code § 42649.3(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)CA Public Resources Code § 42649.3(f) The commercial solid waste recycling program may include certification requirements for self-haulers.
(g)CA Public Resources Code § 42649.3(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)CA Public Resources Code § 42649.3(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)CA Public Resources Code § 42649.3(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)CA Public Resources Code § 42649.3(i)(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)CA Public Resources Code § 42649.3(i)(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)CA Public Resources Code § 42649.3(i)(3) The extent to which the jurisdiction is conducting education and outreach to businesses.
(4)CA Public Resources Code § 42649.3(i)(4) The extent to which the jurisdiction is monitoring businesses, and notifying those businesses that are out of compliance.
(5)CA Public Resources Code § 42649.3(i)(5) The availability of markets for collected recyclables.
(6)CA Public Resources Code § 42649.3(i)(6) Budgetary constraints.
(7)CA Public Resources Code § 42649.3(i)(7) In the case of a rural jurisdiction, the effects of small geographic size, low population density, or distance to markets.

Section § 42649.4

Explanation

This law says that if a city or county in California needs to add or expand a recycling program for businesses to comply with existing recycling laws, they don't have to change their existing waste management plans or get approval from the state department. Instead, they just need to update their annual report.

(a)CA Public Resources Code § 42649.4(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)CA Public Resources Code § 42649.4(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.

Section § 42649.5

Explanation

This law allows local agencies in California to create and enforce their own commercial solid waste recycling rules, even if they are stricter or more comprehensive than state-level regulations. It also applies to counties with populations under 200,000 that wish to mandate recycling. Additionally, the law ensures that existing franchising rights, waste collection contracts, and business rights to sell or donate recyclables are not altered or limited by this chapter.

(a)CA Public Resources Code § 42649.5(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)CA Public Resources Code § 42649.5(b) This chapter does not modify, limit, or abrogate in any manner any of the following:
(1)CA Public Resources Code § 42649.5(b)(1) A franchise granted or extended by a city, county, or other local government agency.
(2)CA Public Resources Code § 42649.5(b)(2) A contract, license, or permit to collect solid waste previously granted or extended by a city, county, or other local government agency.
(3)CA Public Resources Code § 42649.5(b)(3) The existing right of a business to sell or donate its recyclable materials.

Section § 42649.6

Explanation

This law allows local agencies to charge businesses that produce waste a fee to cover the expenses of managing waste as dictated by this chapter.

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.

Section § 42649.7

Explanation

This law section states that if the State Air Resources Board has already made rules about commercial recycling before a specific 2011-12 legislative act, those rules will automatically become part of the department’s regulations. It will be as if the department adopted them without needing to go through a new regulatory process.

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.