State of California Law # SB 1383 Food & Organic Waste

Throwing Away Food Scraps in California in 2024 could mean Fines!  News article courtesy of: KCRA News and for further information please see CalRecycle Enforcement

Throwing away your kitchen food scraps in the trash can could be breaking a California law in some cases. Starting in 2024, State Law #SB 1383 says cities could fine you for not recycling your food waste.

However, the city of Sacramento is choosing education over enforcement.

It doesn't want to be the garbage police.

"I don't know if I'm breaking the law, but I need to be a little more diligent and keep in the (bin) instead of putting it in the trash or my garbage disposal," said resident Lisa Banuelos. "They don't want that?"

No, the city and the state don't want you to put food scraps in the trash. In Sacramento, the waste should go in residents' green bin with leaves and yard trimmings.

"You have an apple core, leftover chips, dump those chips in the organic waste, throw the bag away. It's not that hard," said Jesa David with the city of Sacramento Recycling and Solid Waste Division.

The city launched its organics waste recycling program in July of 2022 to comply with the state bill, giving away free organics waste bins to keep on your kitchen counter.

"It's not about punishment or penalizing anybody," David said. "We just want to make sure everybody has the right tools."

The bill mandates city and county governments to recycle organic waste to reduce methane greenhouse gas emissions in landfills.

"I'm not out there with my ticket book checking everybody's trash can," said Rachel Machi Wagoner, director of CalRecycle.

CalRecycle is overseeing local governments to follow the law and implement the program. (At least one county, Placer, has a different method where people are encouraged to put their organic waste in trash bins because it will also get sorted later at a county facility.)

Wagoner said the state is well on its way, with 75% of all cities incorporating the recycling program for its residents.

"I really see 2024, like 2023, as a growth opportunity," Wagoner said. "Yes, we are going to start enforcement, but really enforcement is an eye towards compliance and enforcement as an eye towards culture change."

The state's goal is to have 75% of all organic waste recycled.

"When we reach our 75% goal, it will be like taking 3 million cars off of the road," Wagoner said.

In Sacramento, the city already knows what you're throwing away with cameras on all the trucks.

David said they tracked four months of pick-ups and found a 14% increase in organic recycling and a 10% reduction of waste taken to the landfill.

The city knows people still have questions and David said that's what the city is working on, educating over enforcement so the city doesn't get a fine from the state.

"It's more about getting people to comply with the law to help recycle organics and do the right thing, other than trying to punish anybody," she said.

Other cities are also choosing to waive fines.

"SB1383 does have an enforcement provision that begins on Jan. 1, 2024. Our Waste and Recycling Division’s goal is education and coaching to ensure compliance whenever out-of-compliance customers are brought to their attention. Right now, they have no plans to fine residents for non-compliance," said Chris Shepard with the city of Folsom.

Maria Chacon Kniestedt withthe City of Rancho Cordova said, "To comply with SB 1383, and beginning Jan. 1, 2024, route audits will continue but those out of compliance will receive a notice of violation and a 30-day opportunity to correct, in addition to education. If someone is still out of compliance with state law, they could receive an administrative citation and an additional 10 days to correct. Our focus remains on education, so residents have numerous opportunities to correct. Education and compliance are the goals; fining residents is not the goal. Ultimately, this is about improving the environment for all."

Sacramento County spokesperson Brenda Bongiorno said: "Regarding non-compliance after education: When unacceptable materials are found in a cart by collection staff, they will attach a cart tag that provides education about what was found. Depending on the circumstances, the cart may not be serviced until the issue has been corrected and a non-regular collection day fee could apply for a return trip to service the cart. Also, if the problem continues, a customer may need to update their service level to increase the type, size or number of carts issued. But to reiterate, in tandem, we will call/visit the customer to explain the importance and/or mail a letter explaining the importance with educational materials."

Placer County has a different system that's known as 'one big bin'

A Placer County official pointed out that her county is an exception, where people are actually encouraged to put their food waste in their trash, not a yard waste case.

That's because all organic waste dumped in garbage bins will be sorted, and composted, for households, along with organic waste at shopping centers, gas stations and fast-food restaurants.

"Placer County’s communities have used a unique recycling system for thirty years, sometimes referred to as the 'One Big Bin,' where residents and businesses toss all waste into one garbage bin that’s picked up weekly and then we sort through the entire waste stream for recyclables and compostable material for them at our Materials Recovery Facility," Emily Hoffman said. "Last year, we embarked on a multi-year, $120 million project to renovate our recycling facilities at our campus in Roseville, to ensure we will be able to divert more than 75% of the organic waste in the waste stream and nearly triple the amount of recyclable material we divert from landfill disposal."