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DISCUSSION
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: 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)
Recommendation:
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; and
2. Schedule the adoption of Ordinance MC-1656 for the regular meeting of the Mayor and City Council on December 3, 2025.
Executive Summary
The San Bernardino Municipal Code Section 8.24.100 establishes a minimum fifty (50) percent recycling diversion rate and mechanisms for construction and demolition (C&D) projects. Senate Bill (SB) 1383, enacted in 2016, requires jurisdictions to adopt mechanisms by which they can enforce CalGreen’s sixty-five (65) percent C&D debris recovery rate requirements by 2025. To comply with these state regulations, an amendment of City code section 8.24.100 is necessary, increasing the C&D debris recycling rate requirement from 50% to 65%. Furthermore, the recommended amendment includes improved mechanisms to enforce the 65% recycling rate for C&D debris projects that are consistent with SB-1383 requirements. 2 4
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City Manager Comments
None
Background
Section 8.24.100 of the City code outlines the Construction and Demolition Debris Recycling Program, including covered projects, exemptions, and various requirements.
Existing state law and regulations already require jurisdictions to adopt in their municipal code and enforce the California Green Building Standards Code (“CalGreen”). 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. Furthermore, adopted SB-1383 regulations require state localities to adopt a waste management plan or other mechanism by which they can enforce CALgreen’s 65% C&D debris recovery rate requirement by 2025. Every city and county within California, including the City, could face fines up to $10,000 a day for not meeting the requirements set forth in SB-1383.
In November of 2016, the City, via Ordinance No. MC-1431 amended 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." Resolution No. 2019-27 sets a minimum diversion requirement of sixty-five (65) percent for the same projects, but this requirement is not reflected in the municipal code.
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. 2 4
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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