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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.
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