This will start a 30-day comment period that will conclude at 5 p.m. on Wednesday, May 20.
As a part of the Administrative Procedure Act (APA) rulemaking process, CalRecycle is updating the SB 1383 rulemaking package to cite with specificity documents relied upon and to incorporate minor changes to the final regulatory text in response to language clarity and necessity issues identified by the Office of Administrative Law (OAL) during its initial review.
Due to the widespread impacts of the COVID-19 public health emergency, and feedback from local governments, CalRecycle is providing advance notice of the comment period and an extended timeframe for submission of comments beyond the minimum 15 days required by the APA to provide an adequate opportunity for stakeholders to be prepared and respond. The timeline for submission of comments attempts to balance the challenges presented to stakeholders by the public health emergency while recognizing the pending deadline for resubmission of the rulemaking to OAL and the need for certainty for local jurisdictions to begin preparation for the Jan. 1, 2022 statutory effective date for the regulatory requirements.
Comments received prior to the formal April 20 notice are not required by the APA to receive a response and therefore will not be responded to as part of the rulemaking process. Additionally, timely comments received during the upcoming comment period on the regulatory text should only be directed at language changes reflected in the upcoming revised regulatory draft. Comments on regulatory text that has not been changed in the latest draft will not be considered connected, and per the APA, CalRecycle is not required to respond to such comments.
Background on SB 1383
SB 1383 (Lara, 2016)
establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. CalRecycle is charged with implementing this bill to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.
Given the dramatic impacts that SB 1383 regulations will have on cities, the League is encouraging cities to review the new draft regulations, when available, and provide comments to CalRecycle by the May 20 deadline. This will be the final public comment period for the SB 1383 regulations and the last opportunity for city input to be submitted into the record. City feedback is necessary to craft more implementable regulations.
The League has been engaged during each step of these regulations and will be submitting comments to CalRecycle highlighting key issues of the upmost importance to cities by the May 20 deadline.
The League will publish an update in CA Cities Advocate
as more information, and regulations for comment become available.