Article 9. Locally Adopted Standards and Policies

C.C.R Title 14, Division 7, Chapter 12 Short-lived Climate Pollutants

Article 9. Locally Adopted Standards and Policies

Section 18990.1. Organic Waste Recovery Standards and Policies.

(a) Nothing in this chapter is intended to limit the authority of a jurisdiction to adopt standards that are more stringent than the requirements of this chapter, except as provided in Subdivision (b) of this section.

(b) A jurisdiction shall not implement or enforce an ordinance, policy, procedure, permit condition, or initiative that includes provisions that do any of the following:

(1) Prohibit, or otherwise unreasonably limit or restrict, the lawful processing and recovery of organic waste through a method identified in Article 2 of this chapter.

(2) Limit a particular solid waste facility, operation, property, or activity from accepting organic waste imported from outside of the jurisdiction for processing or recovery.

(3) Limit the export of organic waste to a facility, operation, property or activity outside of the jurisdiction that recovers the organic waste through a method identified in Article 2 of this chapter.

(4) Require a generator or a hauler to transport organic waste to a solid waste facility or operation that does not process or recover organic waste.

(5) Require a generator to use an organic waste collection service or combination of services that do not recover at least the same types of organic waste recovered by a service the generator previously had in place.

(c) This section does not do any of the following:

(1) Require a solid waste facility or operation to accept organic waste that does not meet the quality standards established by the solid waste facility or operation.

(2) Prohibit a jurisdiction from arranging with a solid waste facility or operation to guarantee permitted capacity for organic waste from the jurisdiction.

(3) Supersede or otherwise affect: the land use authority of a jurisdiction, including, but not limited to, planning, zoning, and permitting; or an ordinance lawfully adopted pursuant to that land use authority consistent with this section.

(4) Prohibit a jurisdiction from arranging through a contract or franchise for a hauler to transport organic waste to a particular solid waste facility or operation for processing or recovery.

(5) Exempt a jurisdiction, generator, or hauler from compliance with Division 4.5 of Title 22 of the California Code of Regulations relative to the proper handling of hazardous or universal waste or Title 3, Section 1180.48 of the California Code of Regulations relative to Disposal of Parts and Products of Animals Not Intended for Use as Human Food.

Section 18990.2. Edible Food Recovery Standards and Policies.

(a) A jurisdiction shall not implement or enforce an ordinance, policy, or procedure that prohibits the ability of a generator, food recovery organization, or food recovery service to recover edible food that could be recovered for human consumption.

(b) A local education agency shall not implement or enforce an ordinance, policy, or procedure that prohibits share tables or requires schools to adhere to a food safety standard not specified in Part 7 of Division 104 of the Health and Safety Code.

(c) Nothing in this chapter shall be construed to limit or conflict with the provisions of the California Good Samaritan Food Donation Act of 2017 (the act). Specifically:

(1) Nothing in this chapter shall be construed to limit the amount or types of foods that may be donated under the act.

(2) Nothing in this chapter shall be construed to limit the ability of a person, gleaner or food facility to donate food as provided for in Sections 114432 and 114433 of the Health and Safety Code.

(3) Nothing in this chapter shall be construed to reduce the immunities provided by the California Good Samaritan Food Donation Act as specified in Section 114434 of the Health and Safety Code.

(d) Nothing in this chapter prohibits a food recovery service or organization from refusing to accept edible food from a commercial edible food generator.