Open Letter: AB2902 Extends Rural Waste Collection Exemptions to 2037

AB2902 specifically addresses the challenges faced by rural jurisdictions in implementing organic waste recycling and procurement. The bill states that jurisdictions with rural exemptions “shall remain exempt from complying with the organic waste collection services requirements… until January 1, 2037.” It also provides for potential renewals of these exemptions for periods of up to five years after that date.

By Adam Heilman

On September 22, 2024 Governor Newsom Signed AB2902 which extends exemptions for rural communities having to comply with the organic waste collection services requirements until at least January 1, 2037(rural communities will be able to reapply at that time).

I can only assume that this development invalidates the Solid Waste Rate Study that the City of Dunsmuir used to try and justify the unconscionable multi-year solid waste rate increases proposed in the Prop 218 Process that is scheduled for a public hearing on October 3, 2024.

I am hopeful that this development will lead the Dunsmuir City Council to take the proper and ethical actions to put a stop to the proposed rate increases.

A reassessment of the actual deficits in the Solid Waste Enterprise Fund is needed to develop a realistic plan to address the issue. Expenses that have historically been under the general fund, such as street sweeping, that have been shifted to enterprise funds are likely some of the causes of the deficits.

I for one do not feel that shifting expenses to an enterprise fund to make funds available in the general fund for additional administrative expenses and staffing is appropriate or ethical. To do this then turn around and use the 218 process, to push through increases that will impact fixed and low income residents in order to replenish the wrongfully impacted enterprise funds is also unconscionable in my opinion.

Below is the link to AB2902 and the applicable section of the code as amended.

AB-2902 Solid waste: reduction and recycling

(7) (9)  Jurisdictions in  Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in  possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2022, are exempt from the procurement requirement of this subdivision until December 31, 2026. Beginning January 1, 2027, the department may, in its discretion, provide rural counties and jurisdictions located within rural counties that are exempt from  2024, shall remain exempt from complying with the  organic waste collection requirements an extended recovered organic waste product procurement target schedule similar to the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5  services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12  (commencing with Section 11340) of Part 1 18993.1) of, Chapter 12  of Division 3 7  of Title 2 of the Government Code). 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years. 

(10) Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.