Senate Bill (SB) 1383 - Organics Reduction & Recycling Law

What is Senate Bill (SB) 1383?

When compostable (organic) materials such as food scraps, food-soiled paper, and yard trimmings are disposed in landfills, they decompose and produce methane, a climate change greenhouse gas contributor 80x more potent than carbon dioxide.

Starting January 1, 2022, the State of California, Alameda County and the City of Union City require residents and businesses to separate and keep recyclable and compostable materials out of landfills under the State’s Organics Reduction and Recycling Law (Senate Bill 1383). This law aims to reduce methane gas emissions and address climate change by reducing the amount of recyclable and compostable materials sent to landfills by 75% by January 1, 2025.

Senate Bill (SB) 1383 is implemented in Alameda County under the county-wide Organics Reduction and Recycling Ordinance and in Union City under Municipal Code Chapter 7.24, in partnership with Republic Services, Tri-CED Community Recycling, and Stop Waste.

Why Should I Compost?

When Union City businesses place compostable materials like food scraps in their green compost bin/cart, they not only reduce methane emissions, but they also create compost - a valuable soil amendment that retains moisture, conserves water, and nourishes plants and trees.

Additionally, adding recycle and compost collection services may provide your business with cost savings since compost and recycle collection services are 40% less costly than comparable landfill collection service in Union City. Adding the required service(s) may also help your business comply with SB 1383.

SB 1383 Goals

By 2020, to reduce compostable materials we send to the landfill by 50 percent (based on 2014 levels).
By 2025, reduce compostable materials we send to the landfill by 75 percent (based on 2014 levels).
By 2025, to recover 20 percent of currently disposed edible food for human consumption.

Requirements for Residents and Businesses

Beginning in January 2022, the Organics Reduction and Recycling Law (SB 1383) will implemented in Union City under the Organics Reduction and Recycling Ordinance (ORRO) and Union City Municipal Code Chapter 7.24.

All Residents Must:

Subscribe to recycle and compost collection service. If you do not have recycle and/or compost collection service, please contact Tri-CED Recycling at (510) 429-8030 or your property manager (for multi-family residents) to start service.
Properly sort recyclable and compostable materials into the correct bin/cart.

All Businesses and Multi-Family Property Owners/Managers Must:

Subscribe to recycle and compost collection services. If you do not have recycle and/or compost collection service, please contact Republic Services at (510) 657-3500 or Tri-CED Recycling at (510) 429-8030 to start service.
Place color-coded and labeled recycle and compost containers next to indoor landfill containers wherever these materials are generated.
Ensure recyclable and compostable materials are properly sorted into the correct bin/cart. Periodically inspect bins/carts and provide feedback to users about incorrectly placed items.
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.

Additionally, some businesses that generate surplus edible food must recover and donate it to a food recovery organization. See the "Edible Food Recovery Requirements" section below for a list of requirements and to see if your business must comply.

How Do I Establish or Improve My Compost Collection Program?

Dedicated recycling coordinators at Republic Services and Tri-CED Community Recycling are available to provide free technical assistance to help your business/multi-family property start or improve its recycle and/or compost collection program, comply with State and local regulations, and realize potential cost savings. Free technical assistance includes:

Assistance signing up for recycle and/or compost collection service. Did you know? Subscribing to recycle and compost collection services may help your business/multi-family community realize cost savings as recycle and compost collection services cost 40% less than comparable landfill (garbage) collection service.
Waste assessments to determine the optimal collection service level for your business/multi-family property and potentially achieve cost savings.
Staff trainings to ensure proper sorting, share best practices, and to answer questions.
Setting up indoor color-coded and labeled collection containers.
Educational materials such as posters, service guides, and indoor/outdoor container decals to educate employees, contractors, and/or tenants on proper sorting.
General support to help your business/multi-family community maximize recycling opportunities and to reduce waste.

Contact your haulers and request to speak with a dedicated recycling coordinator for free technical assistance today!

Republic Services	Tri-CED Community Recycling
Phone: (510) 657-3500 Email: RecycleRep@RepublicServices.com Customer Service Hours: Monday - Friday, 8:00 a.m. - 5:00 p.m.	Phone: (510) 657-3500 Email: Info@Tri-CED.com Customer Service Hours: Monday - Friday, 8:00 a.m. - 5:00 p.m.

For additional information and resources including how to order free indoor decals and customized signs, contact StopWaste at (510) 891-6575 (leave message for call back), ask a question through the online form, or email rules@stopwaste.org.

Edible Food Recovery Requirements

Certain food-generating businesses, also known as Tier One or Tier Two Commercial Edible Food Generators must comply with the SB 1383 edible food recovery requirements listed below.

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 edible food donations, the types of food donated, and the quantity of food donated.

Tier One Commercial Edible Food Generators: Must comply to the SB 1383 edible food recovery requirements by January 1, 2022. Business are identified as Tier One generators if they meet the following criteria:

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 Commercial Edible Food Generators: Must comply to the SB 1383 edible food recovery requirements by January 1, 2024. Business are identified as Tier Two generators if they meet the following criteria:

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.

The Daily Bowl is a 501(c)(3) nonprofit Food Recover Organization located in Union City that has helped divert more than 3 million pounds of surplus edible food (that would have otherwise been destined for landfill or compost) to local agencies that help provide food for those who lack reliable access to affordable, nutritious food. To learn more, visit: The Daily Bowl.

For more information and to find a list of other Food Recovery Organizations/Services available to pick up or receive surplus edible food from Alameda County businesses and institutions, click here.

SB 1383 Exemptions

Businesses that have an approved SB 1383 waiver or Certification of Recycling Service on file are exempt for this law.

SB 1383 Waiver

De minimus waiver: For businesses that generate a minimal amount of compostable (organic) or recyclable materials.
- Businesses that have 2 or more cubic yards of total weekly service (landfill and recycle combined) must generate no more than 20 gallons of recyclable/compostable materials per week to qualify.
- Businesses that have less than 2 cubic yards of total weekly service (landfill and recycle combined) must generate no more than 10 gallons of recyclable/compostable materials per week to qualify.
Physical space waiver: For businesses where physical space constraints prohibit the addition of recycling and/or compost bins/carts.

Learn about waiver qualifications and apply at StopWaste.org/Rules-Waivers.

Certification of Recycling Service

Businesses that have alternate arrangements for recycle and/or compost collection service (e.g., the business shares service, back-hauls recyclable or compostable materials, or self-hauls recyclable or compostable materials) and have all recyclable and/or compostable materials recycled using the alternative method must apply for a Certification of Recycling Service (CRS). Businesses with an approved CRS form on file may be exempt from this law. Learn about and apply for a Certification of Recycling Service at: StopWaste.org/Rules-CRS.

For assistance with determining eligibility and applying for a SB 1383 waiver or Certification of Recycling Service, contact Republic Services at (510) 657-3500 and ask to speak with a dedicated recycling coordinator.

SB 1383 Enforcement

Failure to comply with SB 1383 requirements may result in a fine effective January 1, 2022 under Union City Municipal Code Chapter 7.24.

More Information?

When in doubt, find out! Visit our Publications & Resources webpages to learn more about waste prevention, proper sorting, and other available programs and services: