California Compost Law: What You Need to Know

California has long been a leader in progressive environmental policies, from enacting strict vehicle emissions standards to aggressively expanding renewable energy. Now the Golden State is making headlines with a groundbreaking new law that aims to reduce the staggering amount of organic waste sent to landfills each year by diverting it to composting facilities instead.

An Ambitious Statewide Organic Waste Recycling Mandate

On January 1, 2022, Senate Bill 1383 (SB 1383) went into effect across California. This first-of-its-kind legislation sets organic waste reduction targets to reduce emissions of short-lived climate pollutants from landfills. Specifically, the law requires the state to reduce disposal of organic waste by 75% and recover 20% of disposed edible food by 2025.

To meet these goals, SB 1383 makes recycling food scraps and other organic waste mandatory for all residents and businesses in the state. This includes not only households but also grocery stores, restaurants, schools, hotels, hospitals, and other commercial entities. Even farms have to comply. No sector of the economy is exempt from separating out organic material and ensuring it gets composted rather than buried in a landfill.

“This statewide mandate represents the most significant change to trash since recycling began in the 1980s,” remarked CalRecycle Director Rachel Machi Wagoner. “Treating organic waste as a resource instead of waste will help reduce greenhouse gas emissions while creating clean fuels and healthy soils.”

Targeting Methane Emissions from Landfills

A key impetus behind SB 1383 is curbing emissions of methane, a potent greenhouse gas, from landfills full of rotting organic matter. When food scraps, yard clippings, paper products and other organics decompose in the anaerobic environment of a landfill, they release methane, which traps heat at 84 times the rate of carbon dioxide over a 20-year period.

Landfills are the third largest source of methane emissions in the state. Organic waste in landfills emits 20 million metric tons of CO2e (carbon dioxide equivalent) per year in California. That’s more than 4.2 million passenger vehicles driven for one year. Composting organics instead of landfilling them avoids those emissions.

“Diverting millions of tons of wasted food and organic material away from landfills and turning it into compost and biofuel will also help California fight climate change while supporting sustainable agriculture,” remarked Rebecca Spector, the West Coast Director for the Center for Food Safety.

Overview of Requirements

Exactly how does California’s composting mandate work? The law lays out detailed requirements for residents, businesses, haulers, local governments and state agencies. Here is a quick overview:

  • Residents must separate food scraps and other organic waste like yard trimmings into their green compost bin. No more throwing away peels, cores or moldy leftovers. Fines for non-compliance start at $50.
  • Businesses must provide organic waste recycling containers for customers and employees, donate edible food, and implement recycling programs.
  • Haulers must provide organics recycling services for customers, report contamination and participate in education efforts.
  • Local governments must conduct outreach, monitoring and education to drive participation. They also enforce requirements through ordinances, permits and inspections.
  • CalRecycle provides regulatory oversight, issues penalties for non-compliance, and offers assistance through grants and toolkits.

“This policy provides a clear regulatory framework with shared responsibility across sectors to achieve California’s organic waste disposal reduction targets,” explained Rachel Wagoner.

Phased Timeline for Implementation

California’s composting mandate didn’t spring up overnight. SB 1383 outlines a phased timeline for implementation that began years ago:

  • 2016 – Initial regulations adopted
  • 2017 – Local governments begin developing organics infrastructure
  • 2018 – Businesses start separating organics and establishing donation programs
  • 2019 – Statewide public education campaign launches
  • 2020 – Haulers prepare trucks, bins, and facilities for organics collection
  • 2021 – Local governments pass ordinances and finalize implementation plans
  • 2022 – Statewide organic waste separation and recycling takes effect
  • 2024 – Enforcement through fines and penalties begins

This gradual phase-in gave entities time to plan and build capacity. But as the law takes full effect, California still faces challenges in preparing organic waste processing infrastructure and participation levels for the mammoth amounts of material now required to be diverted.

Steep Penalties for Non-Compliance

To give the law teeth, SB 1383 authorizes steep penalties for residents and businesses that don’t comply. Fines range from $50 to $500 per violation. Local governments issue fines for offenses like not properly separating food waste or contaminating bins.

Starting in 2024, inspectors will monitor compliance and issue notices of violation. Penalties apply when entities don’t make reasonable efforts to separate organics or repeatedly contaminate containers after receiving notices. Civil penalties can rapidly multiply for ongoing, egregious violations.

“We aim to take an education-first approach and reserve fines as a last resort,” noted Stanley Greschner, chief of CalRecycle’s Compliance Division. “But penalties give the law gravity to hold entities accountable if they ignore requirements.”

Critics argue fines disproportionately impact lower income families and small businesses. Some urge pausing penalties to allow time to address infrastructure gaps and contamination challenges before penalizing generators. Education campaigns aim to minimize violations through outreach rather than fines.

Expected Benefits: Less Waste, Cleaner Energy, Healthier Soil

While ambitious in scope, California’s statewide composting mandate promises enormous environmental benefits if implemented successfully. CalRecycle projects the law will:

  • Divert 7-10 million tons of food waste from landfills annually
  • Reduce disposal of organic waste by 75% by 2025
  • Recover 20% of currently disposed surplus food for human consumption by 2025
  • Reduce methane emissions by 4 million metric tons of CO2e per year
  • Provide feedstock to support development of over 600 new biofuel and composting facilities
  • Create thousands of new green jobs in the organics recycling industry

In addition, compost produced from organic waste will enrich soils, support sustainable agriculture, increase drought resistance, and sequester carbon in the state’s farmlands.

“We’re creating clean energy from organic waste while returning nutrients to nourish soils,” said Wagoner. “It’s a win-win for the climate and California’s vibrant agricultural economy.”

Significant Challenges Remain

Despite promising projections, implementing California’s composting mandate faces substantial hurdles. The state must build extensive new organic waste recycling infrastructure to process the sheer quantities of material now required to be diverted.

Many municipalities also report ongoing problems with contamination in green bins from non-compostable items. Plastic bags, glass, and other prohibited materials degrade the quality and marketability of finished compost. Some local governments pushed back their contamination monitoring citing difficulties getting participation rates up.

Additionally, many residents remain confused about what’s allowed in green bins versus blue recycling bins. There are also complaints that switching from biweekly to weekly collection of green bins is noisy and unsightly.

“There’s a steep learning curve for the public to understand what goes where,” noted Shelina Mohammed of the Los Angeles Alliance for a New Economy. “It will take time to change habits and full compliance will be a long process.”

State and local officials emphasize that transforming an entire waste system at this scale is complex. “We anticipated significant challenges,” said Wagoner. “But the environmental payoff is immense, so we must work together to overcome hurdles.”

Ideal Materials to Compost

Wondering what should go in your green compost bin to follow California’s new law? Here are ideal materials to divert from the landfill to proper composting facilities:

  • Fruits and vegetables (including pits, peels, cores and stems)
  • Meat bones and scraps
  • Dairy products (cheese, yogurt, etc.)
  • Bread, grains and pasta
  • Eggshells
  • Nut shells
  • Coffee grounds and filters
  • Tea bags
  • Houseplants and flowers
  • Food-soiled paper towels, napkins and tissues
  • Compostable paper plates
  • Pizza boxes (no grease stains)
  • Uncoated paper cartons (milk, juice, broth)
  • Paper bags
  • Cardboard
  • Wood chopsticks and toothpicks
  • Cotton balls and corks
  • Pet food
  • Hair and nail clippings
  • Yard trimmings and leaves

It’s important not to contaminate green bins with non-compostable items. Avoid plastic of any kind, even if labelled biodegradable or compostable. No glass, metal, styrofoam, electronics, batteries, or liquids. And never place any plastic bags in green bins, even compostable ones.

Overcoming Participation Barriers

Driving full statewide participation in the composting mandate remains a central challenge. Here are some ways California aims to increase engagement in separating organic waste:

Make It Easy and Convenient

  • Provide every household and business with color-coded bins for trash, recycling, and organics to simplify separation.
  • Offer curbside collection of green bins (at least once per week) just like trash and recycling.
  • Place well-labeled, easily accessible public organic waste bins across cities and public spaces.
  • Supply free or discounted starter kits of compost bins, bags and kitchen pails to residents requesting them.
  • Position bins together to allow one-stop drop-off when away from home.

Motivate Through Outreach and Incentives

  • Launch compelling multimedia education campaigns to explain benefits and proper participation.
  • Tap into community networks, schools, libraries, and events to demonstrate why composting matters and how to do it right.
  • Set up friendly competitions between cities, schools and community groups for highest organic waste diversion rates. Offer prizes and recognition.
  • Provide rebates on green bins or lower garbage collection fees as incentives to participate.
  • Share photos and metrics to let residents see piles of food waste diverted and track progress.

Make Non-Compliance Inconvenient

  • For garbage haulers, only collect bins with proper organics separation. Leave contaminated bins unemptied with tips to improve.
  • Apply penalties and fines for repeat violations and refusal to comply.
  • Name and shame the worst offenders with public reporting. Leverage social pressure to reform habits.
  • Make residents pay by the pound for garbage disposal. Increased trash fees motivate organics diversion.

“We aim to balance education, ease, and enforcement to bring all Californians onboard with separating organic waste,” explained Stanley Greschner of CalRecycle. “It’s a massive shift, but together we can implement this visionary policy.”

Phasing in Enforcement Through Fines

Beginning in 2024, jurisdictions across California can start issuing penalties for non-compliance with the state’s composting law. Fines will phase in gradually, with enforcement focusing on the most egregious, ongoing violations.

The first year fines can be imposed, enforcement will center on the largest organic waste generators like grocery stores, event venues, hospitals, and universities. Regulators assume smaller businesses and residences may need more time to adjust.

Violations like not providing organics recycling or repeated contamination after multiple warnings qualify for fines. But officials expect bringing entities into compliance will primarily rely on technical assistance and education.

The next phase of enforcement will incorporate more residences and smaller businesses based on their access to organics collection services. Enforcement against individuals aims to be progressive based on factors like income level, disability, and language barriers.

Fines can technically range from $50 to $500 per violation but will likely start much smaller – around $50 for households and $100 for businesses – and ramp up for persistent noncompliance.

Revenue from penalties goes into an Organic Waste Recovery Penalty Account to fund grants for organics recycling infrastructure and education campaigns, not to general state funds.

“Enforcement should help educate, not punish,” noted Stanley Greschner. “But ongoing egregious violations could potentially face $500 daily fines to send a message. We hope to never need such punitive measures.”

Criticisms and Calls for Delaying Enforcement

Some stakeholders urge caution on enforcing California’s ambitious organic waste recycling targets too rigidly or quickly. Concerns focus on equity impacts and capacity gaps.

“Low income households and marginalized communities face greater barriers to compliance but would suffer most from fines,” noted Sabina Gonzalez-Eraña, policy coordinator for the Environmental Health Coalition. “We risk burdening those least able to comply if enforcement outpaces education, language access, and financial support.”

Another concern is penalizing organic waste generators before processors expand capacity to handle incoming tons of material. “Don’t punish people for noncompliance when the infrastructure doesn’t exist to make compliance possible,” argued Nick Lapis of Californians Against Waste.

Cities like San Francisco and Los Angeles have granted waivers allowing multi-family buildings more time to comply, recognizing unique space constraints for adding bins.

Some advocates urge California to focus first on expanding composting facilities, improving contamination monitoring, and investing in outreach and incentives. Rushing to issue fines could backfire if people resent penalties amid confusion on how exactly to comply.

“We need additional time, education, and infrastructure funding before imposing fines and fees,” contends Evan Edgar of the California State Association of Counties. “Otherwise we risk eroding public trust. We can’t lose sight of bringing people along.”

The Road Ahead: Overcoming Hurdles to Reach Zero Waste

California’s comprehensive composting law represents an important step on the path to broader zero waste goals. But fully realizing this vision still requires expanding processing capacity, improving contamination rates, increasing participation, and navigating enforcement.

“Ramping up statewide organics recycling on this scale is not easy,” acknowledged CalRecycle’s Rachel Machi Wagoner. “But California didn’t become a global climate leader by shying away from challenges. With ongoing collaboration, innovation and commitment, we can achieve our ambitious waste reduction targets and a cleaner, healthier future.”

Composting organics instead of dumping them in landfills promises enormous benefits: slashing emissions, nourishing soils, feeding the clean energy transition, and conserving precious resources. But the road ahead remains steep. Through sustained public education, smarter policies, and emerging technologies, California aims to overcome hurdles to fully harness the potential of its discarded organic matter.

“This is just the beginning,” said Wagoner. “Implementing SB 1383 establishes a strong foundation. But much work remains to scale up enforcement, expand infrastructure, and bring all Californians onboard with wasting less. Together we’ll build on this groundbreaking legislation to achieve our zero waste vision.”