Discussion
C&D debris is an important source of diversion for jurisdictions, as these materials such as wood, concrete, asphalt, bricks, and metals, take up significant space in landfills, and are typically highly recyclable. The City of San Bernardino's current municipal code regarding Construction & Demolition (C&D) recycling, was previously updated in 2016, and is reflected in Section 8.24.100. Resolution No. 2019-27 set the minimum diversion rate to 65%, but the requirement specified in the City municipal code is still 50%.
To comply with the requirements of SB-1383 and have a robust and accurate process reflected in the City municipal code, the proposed ordinance change will reflect the 65% diversion requirement set by Resolution No. 2019-27. The updated code would also introduce comprehensive language to manage the C&D program more effectively.
One significant change would be the introduction of a required Waste Management Plan (WMP) for all C&D projects that are not exempt. This WMP includes project information, identification of recyclables, facility destination, and proposed methods for recycling and disposal. Additionally, the revised code would incorporate language that requires contractors to use the City’s franchised hauler to help ensure the minimum 65% diversion rate is met. Self-hauling would still be allowed under the proposed ordinance; but with more stringent, updated requirements aimed at ensuring accountability for the state-mandated regulations the City must adhere to.
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The definition of "covered projects" has also been updated to comply with CalGreen’s criteria, expanding the scope of projects that must meet the higher diversion rate. The ordinance would establish clearer enforcement mechanisms to ensure compliance with the 65% recycling rate. Updated language includes penalties for non-compliance, reporting by contractors, and allowing inspections to verify proper diversion practices.
In a previous Resolution (Reso. No. 2010-325), the administrative fee of $35 and C&D security deposit of 0.25% of total project cost up to $10,000 was set by Mayor and City Council. The administrative fee provides the income generation necessary to fund costs associated with maintaining and managing the program. Diversion deposits serve as the main enforcement mechanisms for projects to comply with the requirements of the municipal code to see their deposits returned. New recommendations for the administrative fee and security deposit, with study comparison, will be included in a separate future resolution.
Under the proposed ordinance, certain (exempt) projects will be required to follow the ordinance requirements; but will not be required to pay a deposit or submit a Waste Management Plan. Such exemptions will apply to projects less than $100,000 valuation, certain roofing projects, and residential single-family housing up to 4 units.
This is intended to meet the CalRecycle requirements while not being cost prohibitive to projects that are not generating potentially large quantities of C&D materials. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Strategic Target and Goal No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. By updating the ordinance to align with CalRecycle standards, and further enhancing program enforceable mechanisms, the City minimizes the risk of penalties and fines for non- compliance.
Fiscal Impact
There is no expected impact on the general fund associated with this item. A separate item will be presented at a later date, with proposed changes to the C&D Program administrative fee and diversion deposit schedule.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California:
1. Introduce, read by title only, and waive further reading, Ordinance No. 2025- XXX amending Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code, relating to the Construction and Demolition Debris Recycling Program; and
2. Schedule the adoption of Ordinance MC-1656 for the regular meeting of the Mayor and City Council on December 3, 2025.
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Attachments
Attachment 1 Ordinance No. 2025-XXX
Attachment 2 2019 & 2022 CALGreen Summary
Attachment 3 C&D PowerPoint
Ward:
All Wards
Synopsis of Previous Council Actions:
February 20, 2019 Resolution of the Mayor and City Council of the City of San Bernardino, California, Amending Section 1 of
Resolution 2010-325 Construction and Demolition
Recycling Program in Order to Increase Minimum
Diversion Requirement Set by California Green Building
Standards Code (CalGreen).
November 7, 2016 Ordinance Amending the San Bernardino Municipal Code, Title 8, Health and Safety, Article 24 Entitled
"Refuse and Solid Waste", Incorporating and Repealing
Article 8.24.5 Entitled "Construction and Demolition
Waste Recycling Program" and Article 8.25, Entitled
"Scrap Tires."
September 22, 2010 Resolution of the Mayor and Common Council of the City of San Bernardino, California, Establishing the
Construction and Demolition Recycling Programs
Parameters.
CC: Eric Levitt, City Manager
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Ordinance No.MC-1656
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ORDINANCE NO. MC-1656
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTION 8.24.100 OF CHAPTER 8.24 OF
TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
RELATING TO THE CONSTRUCTION AND DEMOLITION
DEBRIS RECYCLING PROGRAM
WHEREAS, the City San Bernardino, California (“City”) is a charter city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, Chapter 8.24 of the San Bernardino Municipal Code outlines the construction and demolition debris recycling program, including covered projects, exemptions, and various requirements; and
WHEREAS, existing state law and regulations already require jurisdictions to adopt in their municipal code and enforce the California Green Building Standards Code (“CALGreen”), which the City currently complies with; and
WHEREAS, in 2016 the California legislature passed SB-1383 requiring the State Board to adopt regulations that address climate pollutants and implement comprehensive strategies to reduce statewide pollutant emissions; and
WHEREAS, adopted SB-1383 regulations require state localities to adopt a waste management plan or other mechanism by which they can enforce CALGreen 65% Construction and Demolition (“C&D”) debris recovery rate requirement by 2025; and WHEREAS, the Mayor and City Council finds that every city and county in California, including the City, could face fines up to $10,000 a day for not meeting the above mandated goal; and
WHEREAS, the City Council now desires to amend Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code to ensure compliance with CALGreen.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Amendment of Section 8.24.100. Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code is hereby amended to read in its entirety as follows:
Ҥ 8.24.100 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM
(A) Definitions. For the purposes of this Chapter, the following definitions shall apply:
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(1) “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity who applies to the city for the applicable permits to und ertake any construction, demolition, or renovation projects within the city.
(2) “Certified recycling ” or “material recovery facility ” shall have the meaning ascribed in section I.
(3) “Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the state, or who performs (whether as contractor, subcontractor, or owner -builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the city. A person or company employed, whether for a fee or otherwise, to haul or remove recyclables and construction and demolition debris generated by the contractor is not a contractor for purposes of this Chapter.
(4) “Deposit” means cash, money order, certified or cashier's' check, or credit card charge.
(5) “Deconstruct” and “deconstruction” mean the careful and systematic dismantling of a structure in order to salvage materials for diversion.
(6) “Director” means the D irector of Public Works or their designee who is hereby designated to issue a compliance order or an administrative citation to enforce this Chapter.
(7) “Permit” means any building or demolition permit.
(8) “Structure” means anything constructed or erected that requires a location in the ground, including a building, but not including a fence or a wall used as a fence, or driveways or walkways for the purposes of this Chapter.
(9) “Waste management plan ” means the form prescribed by the city for completion by the applicant as portion of the building and/or demolition permit process within the provisions of this Chapter.
(B) Franchise Agreement Required. No person shall collect or dispose of construction and demolition waste in the city unless that person has entered into a franchise agreement with the city pursuant to section 8.24.040, except as otherwise specifically provided in this chapter, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste or recyclables.
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(C) City Projects . City contracted projects shall adhere to the C&D Demolition Debris Recycling Program requirements established in this Chapter.
(D) Construction and Demolition Waste Diversion Deposit Requirements.
(1) Except as otherwise specified in this Chapter, each person who applies for a building or demolition permit pursuant to section 15.04.020 shall remit a diversion deposit in the amount set forth by resolution of the C ity Council. The diversion deposit shall be remitted at the same time the permit application is filed.
(2) Deposit amounts shall be established by square footage for demolition projects and percentage of the project valuation for building projects.
(3) The diversion deposit shall be returned, without interest, in accordance with section G.
(4) Except as otherwise specified in this Chapter, any person applying for a building or demolition permit pursuant to section 15.04.020 shall remit an administrative fee, which will be encumbered by the public works department, to cover the costs incurred by the city in administering the C&D diversion program. The fee amount will be determined in accordance with the current resolution of the City Council.
(5) Within sixty (60) days following the completion of the demolition or construction project, the contractor (or permit applicant) shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the public works department, which proves compliance with the requirements of section F. The documentation shall consist of a completed waste diversion report with information of actual data of tonnage of materials recycled and diverted, supported by original s or certified photocopies of receipts and weight tickets or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tickets will be used to verify whether materials gene rated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of.
(6) If a deposit has been made for a demolition or construction project and a written request for an extension, or refund, with supporting documentation is not submitted within seven-hundred and thirty (730) days; the deposit will be forfeited in full.
(7) The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this Chapter.
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(8) If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the public works department before issuance of a building permit for the construction project. In the alternative, the applicant may submit a letter stating that no waste or recyclable materials were generated from the project, in which case this statement shall be subject to verification by the Director . Any deposit posted pursuant to subsection G of this section shall be forfeited if the applicant does not meet the timely reporting requirements of this section.
(9) The following projects are required to comply with the waste diversion requirements outlined in this Chapter but are exempt from submitting a C&D diversion deposit, paying an administrative fee, or submitting a Waste Management Plan:
(a) Residential single-family homes up to four units.
(b) Construction projects of less than $100,000.00 in value. (c) Roofing projects that do not include tear-off of existing roof.
(10) The following projects are exempt from the waste diversion requirements and C&D diversion deposit as described in this Chapter:
(a) Work for which only a plumbing permit, an electrical permit or a mechanical permit is required.
(11) Commercial additions greater than 1,000 sq ft, and alteration projects valued greater than $200,000 are required to verify proper disposal and recycling of Universal Waste (per CALGreen Section 301.3).
(E) Construction and demolition diversion requirements.
(1) All construction and demolition projects are required to divert a minimum of 65% of the tonnage generated as a result of the project from the landfill. Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction.
(2) Every structure planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this Chapter. Recovered or salvaged materials may be given or sold on the premises or may be removed to reuse warehouse facilities for storage or sale.
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(F) Administrative rules and regulations.
(1) The Director may adopt administrative rules and regulations not inconsistent with provisions of this Chapter and state law as needed for the purpose of carrying out and enforcing the payment, collection and remittance of the fees herein imposed, clarifying any of the administrative requirements of this Chapter , specifying the types of diversion activities and facilities that meet the requirements of this Chapter and establishing frequency and protocol of city regulatory inspections.
(G) Waste management plan.
(1) Except as otherwise specified in this Chapter, each person who applies for a building or demolition permit pursuant to section 15.04.020 shall complete a "waste management and recycling plan" document to be issued by the Director. Except as otherwise specified in this Chapter, no building or demolition permit shall be issued unless the "waste management and recycling plan" has been submitted by the applicant and approved by the Director. Any changes to the approved plan must be brought to the attention of t he public works department for review and approval prior to commencing work.
(2) The Director is authorized to create guidelines setting forth the information to be included in the "waste management plan," as well as the form thereof. At a minimum, the "waste management plan" shall delineate all of the following:
(a) The C&D waste to be generated by the project;
(b) The square footage of the proposed project;
(c) The estimated weight of the C&D waste to be generated by the project, listed by material types;
(d) The estimated weight of the C&D waste to be generated by the project to be diverted, listed by material types;
(e) The certified recycling or material recovery facility or facilities to which C&D waste will be taken, listed by material types; and
(f) The estimated weight of the C&D waste that will be landfilled.
(H) Authority to Issue Refunds of Diversion Deposits.
(1) The Director may authorize the refund of any diversion deposit, which was erroneously paid or collected.
(2) The Director may authorize the refund of any diversion deposit when the building permit application is withdrawn or cancelled before any work has begun.
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(3) The Director may authorize the refund of a diversion deposit when at least 65% of the waste generate by the project was diverted from landfill disposal.
(4) The Director may authorize a partial refund of a diversion deposit when less than 65% by weight of the waste generated by the project was diverted from landfill disposal if the applicant demonstrates to the satisfaction of the Director that:
(a) A portion of the percentages of the tons of waste generated by the demolition and/or construction project was diverted from landfills and recycled or reused; and
(b) A good faith effort has been made to achieve the required diversion percentages. The partial refund shall not exceed that proportion the diversion waste bears to 65% by weight of the total waste generated.
(5) The Director shall not authorize a refund of any diversion deposit, or portion thereof, unless the original building permit applicant files a written request for refund and provides documentation satisfactory to the Director in support of the request.
(6) The Director shall not authorize a refund of any diversion deposit, or portion thereof, if any of the required waste diversion documentation does not list the City of San Bernardino as the city of origin, and/or the required waste diversion documentation is not from t he contractor self -hauling the material in accordance with section J., the franchised hauler, or a facility identified in the waste management plan.
(7) The Director shall not authorize a refund of any diversion deposit, or portion thereof, if the applicant does not include a weight ticket document for all landfilled and recycled C&D waste as a result of the project.
(I) Waste Diversion Methods.
(1) For the purpose of this Chapter , the term "diverted”, or "diversion" means a reduction of the amount of waste being disposed in landfills by any of the following methods:
(a) Use of new construction methods, as described in regulations promulgated by the Director, that reduce the amount of waste generated. (b) On-site reuse of waste.
(c) Delivery of the waste from the site to a certified recycling facility. (d) Other methods as approved in regulations promulgated by the Director.
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(2) All of the waste diversion methods which may qualify for a refund of a diversion deposit are subject to restrictions and documentation requirements set forth in regulations promulgated by the Director.
(J) Recycling facility certification requirements.
(1) For the purpose of this Chapter , "certified recycling or material recovery facility" means a recycling, composting, materials recovery or reuse facility that has been certified by the Director as meeting all of the requirements in subsection II of this section.
(2) The Director shall issue a certification only if the owner or operator of the facility submits documentation satisfactory to the Director:
(a) That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and (b) The percentage of incoming waste from construction, demolition, and alteration activities that is diverted from landfill disposal meets the required minimum percentage set forth in regulations promulgated by the Director.
(K) Self-Hauling.
(1) For purposes of this section, "job site" means a location at which construction and demolition debris are generated by a contractor.
(2) Subject to subsection III, a contractor may self -haul construction and demolition debris, as defined in section 8.24.010, generated by the contractor at the job site.
When acting as a general contractor the contractor may haul these same materials for any contractor acting as a subcontractor at the same job site.
(3) The right of a contractor to self -haul or haul hereunder is subject to the following conditions:
(a) All contractors generating any of the Recyclable Materials or C&D Waste, as defined by section 8.24.010, to be self - hauled or hauled shall have a valid City business registration certificate;
(b) The contractor owns the self -hauling or hauling equipment and the equipment is clearly marked with the identity of the contractor including, as a minimum threshold requirement, the company name, address, and phone number;
(c) The contractor must be performing construction and demolition work on the permitted job site;
(d) The contractor must be named on the building permit;
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(e) The contractor provides a copy of the vehicle registration; (f) The contractor provides proof of insurance for the vehicle; (g) The contractor cannot serve solely as a hauler of debris from the job site; (h) The contractor's equipment shall be operated by an employee of the contractor at all times during any self -haul to a disposal or processing facility in a manner consistent with all appropriate laws and regulations; (i) The contractor performing the self -haul holds a current building and demolition permit which includes all recyclables or construction and demolition debris for which the contractor will be performing self-hauling, and the contractor complies with the construction and demolition provisions of the city;
(j) The contractor shall hold a construction and demolition self-haul permit and pay the applicable C&D self-haul permit fee as set by the City Council. The C&D self-haul permit and applicable fee are issued per project and are valid only for the duration of the specific project; and
(k) The contractor performing the self-haul must comply with all requirements of this Chapter , including submittal of a waste management plan and a diversion deposit.
(L) Diversion Deposits.
(1) Diversion deposits shall be used only for:
(a) Payment of diversion deposit refunds;
(b) Costs of administration of the program established by this Chapter; (c) Cost of programs whose purpose is to divert from landfill disposal the waste from construction, demolition and alteration projects; and (d) Costs of programs whose purpose is to develop or improve the infrastructure needed to divert from landfill disposal the waste from construction, demolition and alteration projects.
(M) Enforcement.
(1) If an applicant who is subject to the requirements set forth in this Chapter fails to comply with this section prior to commencement of work on a covered project, the project shall be subject to a "stop work" order issued by the city until the waste management plan is submitted as required and has been approved by the Director pursuant to section F.
(2) It is unlawful for any person to collect or transport solid waste (as defined in section
8.24.010) within the city unless such person is a Franchised Hauler, as defined in section 8.24.010, or otherwise authorized in C hapter 8.24. It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection
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Ordinance No.MC-1656
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or transportation of solid waste from any residential premises, commercial premises, or construction or demolition project with any person who is not an authorized collector as herein defined except as permitted in section J of this Chapter.
(3) Each violation of the provisions of this Chapter shall constitute a public nuisance and be subject to abatement as such, pursuant to the provisions of section 8.24.130.” SECTION 3. Certification. City Clerk of the City of San Bernardino shall c ertify to the adoption of this O rdinance and cause publication to occur in a newspaper of general circulation and publi shed and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
SECTION 4. CEQA. The City Council determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.).
The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because the code amendment is not a “project” as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).) The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this __ day of ___ 2025.
Helen Tran, Mayor
City of San Bernardino
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Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance No.MC-1656
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1656, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 5 th day of November 2025. Ordinance No. MC-1656 was approved passed and adopted at a regular meeting held the __ day of_____ , 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025.
Telicia Lopez, CMC, City Clerk
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2019 & 2022 CALGreen Construction Waste Management Requirements Summary Created by CalRecycle
Last Updated: March 10, 2023
1 Projects with demolition-only permit (not included with a construction permit) is outside the scope of the CALGreen building code. Therefore, jurisdictions using CALGreen for C&D waste management should address recycling in demolition-only projects should they occur.
2 All additions conducted within a 12-month period under single or multiple permits, resulting in an increase of 30 percent or more in floor area, shall provide recycling areas on site. CALGreen Section 5.410.1.1 3 Applies to nonresidential additions 1,000 ft2 or greater. CALGreen Section 301.3 4 Applies to building alterations with a permit valuation of $200,000 or above. CALGreen Section 301.3 Non-Residential Compliance Methods (5.408)
Occupancy Covered
Projects
Waste
Diversion
Waste Diversion
Tracking Space Enclosure Universal Waste
New Construction
& Demolition1
Locally
Permitted
Structures
(301.3.2)
≥ 65%
Waste
Diversion
(5.408.1)
Or
≤ 2 lbs/ft2
Disposal
(5.408.1.3)
Submit a
Waste
Management Plan
(5.408.1.1)
Or
Use a waste
management
company with
verifiable
documentation
(5.408.1.2)
Provide areas that serve the
entire building for depositing,
storage and collection of
materials for recycling including
metals, paper, glass, cardboard,
plastics and organic waste
(5.410.1)
NA
Additions
See Above
(5.410.1)
Applies to certain
additions2
(5.410.1.1)
Verify that Universal
Waste is properly
disposed. A list of
materials shall be in the
construction documents
(5.408.2)
Applies to certain
additions3
(301.3)
Alterations
NA
See Above (5.408.2)
Applies to certain
alterations4
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2019 & 2022 CALGreen Construction Waste Management Requirements Summary Created by CalRecycle
Last Updated: March 10, 2023
5 Projects with demolition-only permit (not included with a construction permit) is outside the scope of the CALGreen building code. Therefore, jurisdictions using CALGreen for C&D waste management should address recycling in demolition-only projects should they occur.
6 See Section 1102A.1 for CALGreen’s definition of multifamily dwellings. 7 Section 301.1.1 applies to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. Applies only to and or within the specific area of addition or alteration. 8 Section 301.1.1 applies to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. Applies only to and or within the specific area of addition or alteration.
Residential Compliance Methods (4.408)
Occupancy Covered
Projects Waste Diversion Waste Diversion
Tracking Space Enclosure
New
Construction
& Demolition5
Locally
Permitted
Structures
≥ 65% Waste Diversion (4.408.1)
Or
≤ 3.4 lbs/ft2 disposal
for low-rise, ≤ 3 stories (4.408.4)
Or
≤ 2 lbs/ft2 disposal
for high-rise, ≥ 4 stories (4.408.4.1)
Submit a Waste
Management Plan
(4.408.2)
Or
Use a waste
management company
with verifiable
documentation
(4.408.3)
Provide areas that serve the
entire building for depositing,
storage and collection of
materials for recycling including
metals, paper, glass, cardboard,
plastics and organic waste
(4.410.2)
Only applies to
multifamily dwellings6
with ≥ 5 units
(4.410.2)
Additions
Certain
additions
(301.1.1)7 ≥ 65% Waste Diversion (4.408.1)
NA
Alterations
Certain
alterations
(301.1.1)8
NA
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2019 & 2022 CALGreen Construction Waste Management Requirements Summary Created by CalRecycle
Last Updated: March 10, 2023
Waste Diversion Requirement
• Newly constructed buildings and demolition projects shall divert from landfills at least 65% of the construction and demolition (C&D) materials generated at the project site.
• All locally permitted additions and alterations to non-residential projects shall also meet the minimum 65% waste diversion requirement. • Additions and alterations to residential buildings that increase the structure's conditioned area, volume or size are also required to meet the 65% waste diversion requirement.
Methods of Compliance
• Enforcing agencies can require contractors to develop and maintain a waste management plan and document diversion and disposal. OR • Utilize a waste management company that can provide verifiable documentation that it meets 65% waste diversion. OR • Use a waste stream reduction alternative:
o Non-residential new construction and residential high rise (4 stories or more) projects with a total disposal weight of ≤ 2 lbs/ft2 meets the 65% waste diversion requirement.
o Residential low rise (3 stories or less) with new construction disposal of ≤ 3.4 lbs/ft2 meets the 65% waste diversion requirement.
Recycling by Occupants (Space for Recycling)
• Newly constructed non-residential buildings, certain non-residential additions and multi-family housing with ≥ 5 units should provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of non-hazardous materials for recycling, including (at minimum) paper, corrugated cardboard, glass, plastics, organic waste and metals.
Universal Waste
• Universal waste (such as batteries, e-waste, lamps, cathode ray tubes/glass, aerosol cans) from non-residential addition and alteration projects shall require verification that the materials are disposed of properly and diverted from landfills. A list of prohibited universal waste materials shall be included in the construction documents. This is required for nonresidential additions of 1,000 ft2 or greater and building alterations with a permit valuation of $200,000 or above.
Recycled Content (Voluntary for Non-Residential Structures) • Use recycled content materials that meets specified Recycled Content Value. Or simply use two or three materials out of 9 product types on the list: exterior paint, carpet, compost, mulch, acoustical ceiling panels, drywall, aggregate base, fiberglass or cellulose insulation.
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Construction & Demolition Debris Recycling Program
Amending Section 8.24.100 of the San Bernadino Municipal code Presented by
City of San Bernardino
Public Works Department
November 5, 2025
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It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Introduce, read by title only, and waive further reading, Ordinance No. MC- 1656 amending Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code, relating to the Construction and Demolition Debris Recycling Program (All Wards).
2. Schedule the adoption of the above Ordinance to the regular meeting of the Mayor and City Council on December 3, 2025.
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What is the purpose of this change to the ordinance?
• Senate Bill (SB) 1383, enacted in 2016, requires jurisdictions to adopt mechanisms by which they can enforce CalGreen’s sixty-five (65%) Construction & Demolition (C&D) debris recovery rate requirements by 2025.
• Although the existing municipal code and Resolution 2010-325 meet many of the requirements of CalGreen, there are gaps that may be considered non-compliant with the requirements and/or difficult for the City to enforce. • C&D debris is an important source of diversion for jurisdictions, as these materials such as wood, concrete, asphalt, bricks, and metals, take up significant space in landfills, and are typically highly recyclable.
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Updated code includes comprehensive language to manage the C&D program and serve as enforceable baseline requirements for implementation. • Resolution No. 2019-27 set the minimum diversion rate to 65%, but the requirement specified in the City municipal code is 50%. • Introduction of a required Waste Management Plan (WMP) for all C&D projects that are not exempt.
• Incorporates language that that updates self-hauling requirements for accountability with the 65% recycling requirements.
• Establishes more clear language regarding enforcement mechanisms to maintain the program and demonstrate compliance to CalRecycle’s Jurisdiction and Agency Compliance and Enforcement (JACE).
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Expected benefits of the program and the proposed ordinance. • Demonstratable action to comply with SB 1383 and reduce potential for violations from Jurisdiction and Agency Compliance and Enforcement (JACE). • Improve the C&D recycling program:
• Reduce opportunities for illegal dumping from covered projects within the City. • Increase diversion of materials going to landfill.
• Set specific standards related to the WMP and self-hauling requirements. • The ordinance will exempt covered projects under $100,000, certain roofing projects, and residential single-family house up to 4 units from having to perform the administrative aspects of the code (WMP , C&D deposit); While maintaining they comply with the required diversion.
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It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Introduce, read by title only, and waive further reading, Ordinance No. MC-1656 amending Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code, relating to the Construction and Demolition Debris Recycling Program (All Wards).
2. Schedule the adoption of the above Ordinance to the regular meeting of the Mayor and City Council on December 3, 2025.
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Questions?
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Kim Knaus, Council Member, 5th Ward
Department: Council Office
Subject: Staff to Bring Back the Following for Council
Consideration with 45 days: (1) Adoption/Update to the
San Bernardino Encampment Ordinance to Define
“Persistent Camping,” Prohibit Encampments in Sensitive Areas, and Establish Progressive Measures for Multiple
Refusals; and (2) A “No Unsanctioned Drop-Off”
Ordinance Requiring Documented Consent, Receiving
Provider Acceptance, 48-hour Advance Notice to the City, and Penalties for Violating Agencies.(Council Member
Knaus)
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Mario Flores, Council Member, 6th Ward
Department: Council Office
Subject: Consideration of bringing back the Veterans Day Parade for the 2026 Calendar Year. Historically, the parade
concluded at Seccombe Lake Park, where the community
gathered to celebrate and pay tribute to local heroes. To ensure a successful and inclusive event it is requested to explore partnership opportunities with local veteran and community organizations, including but not limited to: The Veterans Chamber of Commerce, Disabled American
Veterans (DAV) Chapter 12, Inland Empire Military
Museum, and City of San Bernardino American Legions
and Veterans of Foreign Wars (VFW). (All Wards) –(Council Member Flores)
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Dr. Treasure Ortiz, Council Member, 7th Ward
Department: Council Office
Subject: At the Completion of the Street Improvement Assessment Study, Bring Forth a Discussion Item to Create a 5 to 10 Year City Wide Paving Schedule and Funding Plan to
Begin in Fiscal Year 26/27. Funding Discussion to Include but are not Limited to Possible Use of Measures S,
Measure I, Cannabis Tax, Property Tax Reimbursements,
Franchise Fees, Impact Fees, Grant Opportunities and
Water Department Project Collaborations. (All Wards)
– (Council Member Ortiz)
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