SB 1383 Frequently Asked Questions

What is SB 1383?

SB 1383 is a statewide organic waste recycling and surplus food recovery in 2022 to reduce emissions of methane from food and organic waste in landfills. Landfills are the third-largest source of the state’s emissions of methane, a powerful greenhouse gas. The law also aims to reduce food insecurity by ensuring more surplus food reaches people in need instead of being thrown away.

SB 1383 requires the state to:

Reduce organic waste disposal 75% by 2025.
Rescue at least 20% of currently disposed surplus edible food by 2025.

SB 1383 Business Checklist

Requisitos de la Ley del Senado SB 1383 Negocio Lista de Verificación

SB 1383 doanh nghiệp checklist

Environment - SB 1383 - Residents
- Do I need to compost?
  No. The City encourages home composting but does not require it. To learn more about how to compost at home, visit the City’s Home Composting webpage.
- Do single-family dwelling or multifamily dwelling residents need to order different containers?
  No. Residents will continue to use the same containers. (To change the size of a garbage, recycling or yard trimmings container, call 3-1-1, dial (408) 535-3500 or visit www.sanjoseca.gov/311.)
- Does the City provide containers for collecting kitchen food scraps?
  No. Please place food scraps in your household garbage as usual, unless you have a backyard compost bin or pile.
- Does the edible food recovery component of SB 1383 apply to residents?
  No. Please see the Edible Food Recovery section of the FAQ.
- Should San José residents place food scraps in their yard trimmings piles or carts?
  No. Food scraps, food-soiled items and certain paper-based items should be placed in the garbage where they will later be sorted and composted at a materials recovery facility. This keeps the yard trimmings material clean of contamination and helps turn it into high-quality compost.
- What do food-soiled/paper-based items include?
  Paper takeout food containers, paper towels/napkins, paper cups and plates, pizza boxes, coffee filters, tea bags and ice cream cartons. These should all be placed in the garbage.
- What's the best way to put food waste in the garbage to maximize its chances of being sorted correctly?
  Place food waste with other household garbage as usual, and please bag household garbage before placing it into your container. There is no need to combine food scraps into a single bag.
- Where can I find out what belongs in my garbage, recycling or yard trimmings?
  Visit SanJoseRecycles.org to find out what goes where.
- Why is San José's residential organics program different from other cities?
  San José has been processing residential garbage from multifamily dwellings since 2008 and from single-family homes since 2014. Organics are sorted and removed from the garbage at a materials recovery facility, then sent to a composting facility to become compost. Yard trimmings have been collected from loose-in-the-street piles and containers since the 1990s and are sent to a composting facility. This unique system effectively captures household organics and yard trimmings by keeping them out of the landfill while offering convenience to residents. Residents should NOT place food scraps, food-soiled items and paper-based items in yard trimmings piles, because doing so attracts rodents and reduces the quality of our community's yard trimmings recycling.
- Will my garbage and recycling fee increase?
  There are no planned rate increases related to SB 1383 at this time.

Environment - SB 1383 - Businesses
- Will my waste bill from Republic Services increase?
  It depends. Existing customers who add service to comply with the regulations may see an increase in their bill. However, the addition of a new container(s) may allow for a reduction in the size of your current containers and/or frequency of service.
- Is my business affected by this new law?
  All waste generators, regardless of their primary business, are now required to have organics recycling, and to sort their solid waste into Wet, Dry, and Customized containers.
- Does my business have to use Republic Services to add organics collection services?
  Yes. Republic Services is the exclusive franchised hauler for the City of San José.
- What will the containers look like once SB 1383 is in effect?
  The designated waste streams are:
  - Dry – blue bin with black lid
  - Wet – blue cart with green lid
  - Customized – blue cart with blue lid
- What if my business does not generate organic waste?
  Organic waste includes a wide range of potential trash a business may generate, such as food scraps, napkins, and paper towels. Many businesses are above the minimum weekly threshold even though they believe they do not generate much organic waste. However, if you believe your business does not generate more than the minimum weekly thresholds of organic waste, you may qualify for a waiver. Please email questions to zerowaste@sanjoseca.gov.
  
  Minimum weekly thresholds to be considered for a waiver:
  - 20 gallons or more of organics in 2 cubic yards and up of solid waste per week
  - 10 gallons or more of organics in less than 2 cubic yards of solid waste per week
- What if my business does not have space to add the required Wet container?
  If you feel your business lacks the space to safely accommodate the required number of containers, you need to explore alternative options.
  
  For questions about alternative options, see information below or email a Republic Sustainability Advisor at sanjoserecyclingteam@republicservices.com. If no alternative is feasible, you may be eligible for a space constraint waiver. Please email questions to zerowaste@sanjoseca.gov.
- What alternatives to subscribing to Wet collection services do I have?
  Alternatives to adding organics collection to your waste services include:
  - Adjusting container size or service level frequency (visit RepublicServices.com/municipality/san-jose-ca or call Republic Services at 408-432-1234)
  - Sharing containers / carts with their neighbors (ex., one business pays for Dry and Customized while the neighboring business pays for Wet collection, and the two agree on how best to divide the cost)
  - Self-hauling or back-hauling organic waste (see self-hauling requirements below)
  - Donating surplus edible food (visit SCCFoodRecovery.org)
  - Donating usable items to a local shelter or organization
  - Replacing disposable dishware with reusables
  - On-site composting
  - Community composting
  Please visit our Recycling and Organics Regulations webpage to learn more about these alternative approaches.
- What happens if my business does not comply?
  Compliance with SB1383 is mandatory for all businesses. Some businesses may have space constraints or might not produce much of a certain waste stream. Alternative solutions may be available for these businesses. Please contact a Republic Sustainability Advisor at sanjoserecyclingteam@republicservices.com or the City of San José Environmental Services Department at zerowaste@sanjoseca.gov to get more information about what your business can do to follow our program requirements. Failure to comply is grounds for citation under City of San José Municipal Code (9.10.1380) and may result in increasing levels of fines for continued violation.
- I want to comply with the law but unsure if I am doing this right. Is there someone I can speak to who can verify my compliance?
  Yes. Republic Services has a team of Sustainability Advisor devoted to helping businesses. Please call 408-586-2260 or email sanjoserecyclingteam@republicservices.com to speak with a Sustainability Advisor and set up a waste audit and site walk-through.
- What are some ways I can reduce my wet garbage?
  There are a number of ways you can reduce your wet garbage generation. First and foremost is buying less - less food, less packaging, less waste overall. Another way is switching out disposable products for longer-lasting versions, like replacing paper towels with reusable cloth hand towels. Food donation is another possibility and has the added benefit of supporting those most in need. If you do have an excess of shelf-stable or edible food that otherwise would be discarded, please reach out to a local food recovery organization or service. More information can be found at SCCfoodrecovery.org.
- I have cardboard that I want to recycle but don't know what bin it belongs in.
  Here’s how to distinguish and correctly dispose of cardboard:
  - Clean cardboard (no food, no wax, no moisture) goes in the Customized container. If your business does not have a Customized container, it should go in the Dry container.
  - Food-stained cardboard (pizza boxes) goes in the Wet container.
  - Waxy cardboard (produce boxes or any type of cardboard that feels waxy to the touch) goes in the Dry or Wet container.
  Please contact your Republic Sustainability Advisor at (408) 586-2260 or sanjoserecyclingteam@republicservices.com to learn more or schedule a proper disposal training for your business.
Environment - SB 1383 - Edible Food Recovery
- Who is affected by the edible food recovery requirements of SB 1383?
  The edible food recovery requirements of SB 1383 affect commercial edible food generators, food recovery organizations/services, and local jurisdictions (cities and counties). In order to meet the state's 20% food recovery goals, local jurisdictions are supporting businesses and food recovery organizations with educational and planning tools, as well as monitoring and reporting.
- What do food service businesses (commercial edible food generators) need to do?
  Affected businesses of SB1383:
  - Recover the maximum amount of surplus edible food that would otherwise be thrown away so that it can be donated to people in need.
  - Have a written agreement or contract with each food recovery organization/service that picks up or receives edible food from your business.
  - Maintain records of type, frequency and pounds of food recovered each month.
  Affected businesses fall into two categories, Tier 1 and Tier 2. All Tier 1 Generators must comply with SB 1383 requirements by January 1, 2022. Tier 2 Generators must comply by January 1, 2024. For more information on which tier your business might belong to, go to SCCfoodrecovery.org.
- I want to do the right thing and donate/recover edible food but am worried about liability and legal exposure. How can I donate with confidence?
  Donors are protected under both federal and state versions of the Good Samaritan Food Donation Act. You can learn more about donor protection and Santa Clara County protocols for safe food donation on the County’s Food Safety Protocols webpage.
  
  Edible food recovery efforts in San José are being coordinated by Santa Clara County. For more information on the County’s Food Recovery Program, visit SCCfoodrecovery.org.

What is SB 1383?

Environment - SB 1383 - Residents

Do I need to compost?

Do single-family dwelling or multifamily dwelling residents need to order different containers?

Does the City provide containers for collecting kitchen food scraps?

Does the edible food recovery component of SB 1383 apply to residents?

Should San José residents place food scraps in their yard trimmings piles or carts?

What do food-soiled/paper-based items include?

What's the best way to put food waste in the garbage to maximize its chances of being sorted correctly?

Where can I find out what belongs in my garbage, recycling or yard trimmings?

Why is San José's residential organics program different from other cities?

Will my garbage and recycling fee increase?

Environment - SB 1383 - Businesses

Will my waste bill from Republic Services increase?

Is my business affected by this new law?

Does my business have to use Republic Services to add organics collection services?

What will the containers look like once SB 1383 is in effect?

What if my business does not generate organic waste?

What if my business does not have space to add the required Wet container?

What alternatives to subscribing to Wet collection services do I have?

What happens if my business does not comply?

I want to comply with the law but unsure if I am doing this right. Is there someone I can speak to who can verify my compliance?

What are some ways I can reduce my wet garbage?

I have cardboard that I want to recycle but don't know what bin it belongs in.

Environment - SB 1383 - Edible Food Recovery

Who is affected by the edible food recovery requirements of SB 1383?

What do food service businesses (commercial edible food generators) need to do?

I want to do the right thing and donate/recover edible food but am worried about liability and legal exposure. How can I donate with confidence?