Cal. Code Regs. Tit. 14, § 18992.2 - Edible Food Recovery Capacity

(a) Counties, in coordination with jurisdictions and regional agencies located within the county, shall:

(1) Estimate the amount of edible food that will be disposed by commercial edible food generators that are located within the county and jurisdictions within the county.

(2) Identify existing capacity at food recovery organizations identified in Section 18982(a)(25)(A)-(B) that is available to commercial edible food generators located within the county and jurisdictions within the county.

(3) Identify proposed new or expanded food recovery organizations and food recovery services that will be used to recover edible food identified pursuant to Subdivision (a)(1).

(4) Identify the amount of new or expanded capacity, if any, at food recovery organizations and food recovery services that is necessary to recover the edible food that is estimated to be disposed by commercial edible food generators in (a)(1).

(b) In complying with this section the county in coordination with jurisdictions and regional agencies located within the county shall consult with food recovery organizations and food recovery services regarding existing, or proposed new and expanded, capacity that could be accessed by the jurisdiction and its commercial edible food generators.

(1) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 days regarding available and potential new or expanded capacity.

(c) If a county identifies that new or expanded capacity is needed to recover the amount of edible food identified in Subdivision (a), then each jurisdiction within that county that lacks capacity shall:

(1) Submit an implementation schedule to the Department that demonstrates how it will ensure there is enough new or expanded capacity to recover the edible food currently disposed by commercial edible food generators within its jurisdiction by the end of the reporting period set forth in Section 18992.3 of this article.

(A) The implementation schedule shall include timelines and milestones for planning efforts to access additional new or expanded capacity including, but not limited to:

1. Obtaining funding for edible food recovery infrastructure including, but not limited to, modifying franchise agreements or demonstrating other means of financially supporting the expansion of edible food recovery capacity.

2. Identification of facilities, operations, and activities inside the county that could be used for additional capacity.

(2) Consult with food recovery organizations and food recovery services regarding existing, or proposed new and expanded, capacity that could be accessed by the jurisdiction and its commercial edible food generators.

(d) If a county finds that new or expanded capacity is needed pursuant to Subdivision (c) then on or before the county submits the report required pursuant to Section 18992.3, the county shall notify the jurisdiction or jurisdictions that lack sufficient capacity.

(e) A jurisdiction or regional agency contacted by a county pursuant to this section shall respond to the county's request for the information necessary to comply with the requirements of this section within 120 days of receiving the request from the county.

(1) If a jurisdiction or regional agency fails to provide the information necessary to comply with the requirements of this article within 120 days, the county is not required to include estimates for that jurisdiction in the report it submits pursuant to Section 18992.3.

(2) In the report submitted pursuant to Section 18992.3 the county shall identify any jurisdiction that did not provide the information necessary to comply with the requirements of this section within 120 days of receiving a request from the county.

Notes

Cal. Code Regs. Tit. 14, § 18992.2

1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).

Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.

1. New section filed 11-3-2020; operative 1/1/2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).