Ground Hog Day Review – New Environmental Laws in 2022

On February 10, the SDCBA Environmental Law/Land Use Section met by Zoom to discuss new environmental and land use laws for 2022 in its presentation “Ground Hog Day Review – New Laws in 2022.” The reason for a Ground Hog Day review? Because it seems that every year, policymakers go around in the same circle and end up right back where they started: trying to get policy and law aligned with saving the planet. 

Two of the new laws discussed were California’s Short-Lived Climate Pollutant Reduction Act (SB 1383) and Truth in Labeling (SB 343), which will have a direct effect on individuals, local governments, and potentially industry clients.

California’s Short-Lived Climate Pollutant Reduction Act (SB 1383)

You may have noticed a new green waste bin at your residence or business, for which you can thank SB 1383. Effective as of January, SB 1383 requires businesses, schools, multi-family complexes, and single-family homes to subscribe to an organics collection service and to separate all green waste, food scraps, and food soiled paper into a green organics container. 

SB 1383 aims to reduce methane and other greenhouse gas (GHG) emissions statewide and meet the following two targets by 2025:

1. A 75% reduction of statewide organics waste disposal from 2014 levels; and
2. A 20% or greater recovery (for human consumption) of edible food currently disposed of in California

The decomposition of organics and green waste in landfills creates methane, which is up to 84 times more potent than carbon dioxide. As a result of decomposition, landfills are the third largest source of methane emissions in California. Therefore, removing green waste from landfills will be essential to reaching California’s methane reduction goals. Additionally, the organic matter and green waste that is collected can be recycled into valuable products, such as compost, mulch, and renewable natural gas.

While SB 1383 is overseen by CalRecycle, implementation will be managed by individual jurisdictions such as cities, counties, or special districts. If you do not yet have your green container, check with your city or local jurisdiction to see when it will begin rolling out SB 1383.

Truth in Labeling (SB 343)

Have you ever wondered what the recycling symbol and accompanying numbers on your plastic and paper products mean? You are not alone; as it turns out, we Californians have been “wishcycling” when sorting and disposing of items with the recycling symbol into our blue bins. It is estimated that up to 85% of single use plastics that have a recycling symbol are not recyclable under most conditions and end up in our landfills. 

Signed into law on Oct. 5, 2021, SB 343 restricts what kinds of plastic packaging can tout the triangular symbol, known as “chasing arrows,” under California’s truth-in-labeling law. SB 343 prohibits offering for sale, selling, distributing, or importing a product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made. SB 343 is also overseen by CalRecyle, which will determine what products are recyclable and can carry the chasing arrows symbol in California.

Not surprisingly, the plastics industry opposed SB 343, complaining of rising packaging costs and increased waste to landfills, while environmental groups supported the bill as one of several much-needed efforts to reduce plastic and waste in California.

With these two bills, California continues to lead the way with innovative recycling and waste-related policymaking, with the goal of achieving California’s ambitious environmental goals and targets.

If you wish to view the entire presentation and all of the new laws discussed, a recording of “Ground Hog Day Review – New Laws in 2022” is available to download for those with active SDCBA memberships that include access to the CLE programs. We hope you will join us at the next Environmental Law/Land Use Section event!