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AB 1826 Compliance Update
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Requested Action(s)
recommendation
This item is for informational purposes; no action is required.
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Financial Impact:
Background Information:
At the January 5, 2026 Board of Directors meeting the Board directed Waste Connections to bring back cost estimate proposals for constructing and operating a compost facility or hauling organics offsite. As Waste Connections developed their proposals they ran into internal delays in getting approval for the project proposals. As such, these proposals will be presented at the June 1 Full Board meeting.
Agency staff sought further clarification from CalRecycle about the AB 2902 extension to the SB 1383 rural exemption applying to AB 1826 but have not received a clear answer. Their response only pointed out the previous AB 1826 exemption aligned with the rural exemptions in Section 18984.12(c) of the SB 1383 regulations, which could indicate they are suggesting the AB 1826 rural exemption is also extended by AB 2902. It is important to note that the previous AB 1826 rural exemption was extended beyond 2020 because “CalRecycle determined the relative impact by rural jurisdictions on statewide disposal is approximately one percent of the statewide organic waste disposal, which is not significant.”. While the most recent statewide waste characterization did not differentiate between rural and urban waste, it is assumed the relative impact by rural jurisdictions on statewide disposal has not increased.
Additionally, staff worked with ESJPA staff to review AB 1826 and what specifically is required of jurisdictions and the Agency. Key points that ESJPA staff helped us find in statute at PRC 42649.8 et. al., which details AB 1826 compliance, are as follows:
• Businesses shall arrange for organic waste recycling services consistent with local ordinance or franchise agreement, reduce organics, or self-haul for recycling.
• Businesses can require tenants to source separate organics.
• If there is no local ordinance or franchise agreement, the business can arrange for their own service.
• Jurisdictions “shall implement an organic waste recycling program that is appropriate for that jurisdiction and designed specifically to divert organic waste generated by businesses”.
• The jurisdiction organics program has a lot of options the jurisdiction MAY include.
• Jurisdictions provide CalRecycle with “number of regulated businesses that generate organic waste and, if available, the number that are recycling organic waste” in annual report.
• CalRecycle “shall determine whether the jurisdiction has made a good faith effort to implement its selected organic waste recycling program” and has some criteria in their evaluation including education, monitoring businesses, allowing exemptions, markets, budget considerations, and lack of infrastructure.
• There is no explicit requirement to enforce or require compliance by businesses.
Currently, the franchise hauling agreements for each member jurisdiction do not include commercial organics collection service and will have to be amended to address this. Based on the above analysis of AB 1826, the jurisdiction’s program could include yard waste and not allow food scraps. This would allow the Tehama County/Red Bluff Landfill to continue managing organics without any changes as yard waste is already accepted from self-haul customers and from residents through their existing collection service provided by both waste haulers. Additionally, waivers can be granted for commercial entities that do not produce more than one half of a cubic yard of all organic waste per week, and a rough estimate is that waivers could apply to 65% of commercial accounts throughout Tehama County that produce 2 cubic yards or more of total waste per week.