TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Jeffrey Provenzano
SUBJECT: See Below DATE: October 5, 2026
Approved Date:
10/15/26
COUNCIL DISTRICT: Citywide
SUBJECT: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
RECOMMENDATION
(a) Approve an ordinance amending Parts of Chapter 9.10 of Title 9 of the San José Municipal Code:
(1) Parts 1, 2, 3, 7, and 9 to standardize and consolidate solid waste requirements;
(2) Part 13 to incorporate applicable requirements established by Senate Bill 1053 and provisions of the California Public Resources Code pertaining to recycled paper carry-out bags and other requirements for retail establishments;
(3) Part 15 relating to the construction and demolition diversion program to align with construction and demolition industry and state standards; and (4) To make other technical, non-substantive, or formatting changes within the same Parts.
(b) Adopt a resolution amending the Administrative Citation Schedule of Fines to revise existing fines for violations of Sections 9.10.430 and 9.10.2020 of Chapter
9.10 of Title 9 of the San José Municipal Code (Solid Waste Management) and repealing Resolution No. RES2026-317.
COUNCIL AGENDA: 10/27/26
FILE: 26-1115
ITEM: 6.1
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
SUMMARY AND OUTCOME
The proposed amendments to Chapter 9.10 (Solid Waste Management) of the San José Municipal Code (Code) update the City's solid waste regulations for both residential and commercial premises to improve consistency and enforceability; incorporate state carry-out bag requirements pursuant to Senate Bill (SB) 1053 and applicable provisions of the California Public Resources Code for retail establishments not subject to SB 1053 in order to have consistency across all retail establishments; and modernize the construction and demolition diversion (CDD) program requirements supporting the City's waste reduction and diversion programs. The proposed changes will accomplish the following:
1. Consolidate and standardize solid waste setout requirements for residential properties by combining overlapping Code sections;
2. Consolidate and standardize solid waste management requirements for residential and commercial properties, including the addition of new definitions;
3. Address existing solid waste enforcement gaps related to unauthorized use of solid waste containers or solid waste services;
4. Clarify the Environmental Services Department’s authority to determine appropriate solid waste services and collection requirements;
5. Update the City's Single-Use Carry-out Bag Ordinance to incorporate requirements established by SB 1053 and applicable provisions of the California Public Resources Code, for retail establishments not covered by SB 1053 to maintain consistency between state law and the Code; and
6. Modernize the CDD program to clarify requirements for facility operators, nonexclusive haulers, and permit holders by updating program definitions; establishing requirements for state-mandated waste management plans; clarifying construction and demolition (C&D) material recovery, landfill diversion requirements, and deposit refund eligibility; and requiring mixed C&D materials generated from permitted projects to be processed at City-certified recycling facilities that meet third-party certification requirements.
If adopted, the amendments will provide clearer and more consistent solid waste requirements for residents, businesses, regulated entities, and City staff; improve the City's ability to administer and enforce its solid waste programs; and align applicable City requirements with current state law and industry practices. The amendments will also support increased material recovery and the City's waste diversion goals, including
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
implementation of the Zero Waste Element to the Climate Smart San José Plan1 approved by City Council in November 2025.
The proposed amendments to the Administrative Citation Schedule of Fines include increased fines for violations of Sections 9.10.430 (relating to solid waste container requirements) and 9.10.2020 (relating to carry-out bags, effective January 1, 2028). The fine revisions for violations of Section 9.10.430 include escalating fines compared to a flat fine, and the fines for violations of Section 9.10.2020 are being increased to align with the state’s fines set forth in California Public Resources Code Section 42285.
These amendments ensure consistent enforcement and promote public health and safety.
BACKGROUND
Chapter 9.10 of the Code governs the collection, storage, and disposal of solid waste generated by residential and commercial properties within the City and is enforced by the Environmental Service Department’s Integrated Waste Management Division.
Over time, changes in state requirements, industry practices, and the City's administration and enforcement of these programs have created a need to update portions of the Code to improve clarity, consistency, and enforceability, and to ensure alignment with current regulatory requirements.
Solid Waste Management and Enforcement
Chapter 9.10 has been amended incrementally over a period of many decades. As a result of this incremental development, several distinct Code sections currently govern conduct that is functionally the same but is addressed separately based on material type, property type (single-family residential versus multi-family residential), or container type (carts versus bins). Consequently, the Environmental Service Department’s Integrated Waste Management Division enforcement staff is required to reference multiple Code sections for the same type of violation depending on the material, property, or container. Staff has also observed solid waste-related scenarios in the field that are not clearly addressed by an enforceable Code section. Examples include unauthorized use of solid waste containers, unauthorized use of residential solid waste services, and authority to determine appropriate solid waste services. 1 Climate Smart San José Zero Waste Element:
https://www.sanjoseca.gov/home/showpublisheddocument/127551/639034645676200000
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
Single-Use Carry-out Bag
In January 2011, Chapter 9.10 was amended to add Part 13 (Single-Use Carry-out Bag) to ban single-use carry-out bags and to prohibit the free distribution of recycled paper bags by retail establishments. Part 13 established requirements for retail establishments regarding the types of carry-out bags that may be provided to customers and other applicable requirements in order to reduce pollution, encourage sustainable practices, and mitigate waste. In October 2013, Part 13 was amended to clarify definitions and carry-out bag requirements and applicability.
In 2014, SB 270 passed, which codified carry-out bag requirements similar to those established by the City by prohibiting single-use plastic bags at checkout. SB 270 still allowed thicker plastic bags marketed as “reusable,” if they met certain durability standards; however, these thicker plastic carry-out bags were not generally reused by consumers and resulted in an increased amount of plastic and plastic waste. In 2024, SB 1053 passed (effective January 1, 2026), which established new requirements related to carry-out bags, including not allowing thicker plastic bags to be provided at checkout by regulated stores and retail establishments (as defined by SB 1053), and only allowing recycled paper bags.
Part 13 remains in effect despite the passage of SB 1053 because California Public Resources Code Section 42287 permits local jurisdictions to continue to enforce local carry-out bag ordinances that were passed prior to September 1, 2014. Therefore, under Part 13, a retail establishment is still able to provide a durable plastic bag with handles at checkout. The Environmental Service Department’s Integrated Waste Management Division recommends amending Part 13 to incorporate requirements imposed by SB 1053 and applicable provisions of the California Public Resources Code relating to carry-out bags. Updating the Code will provide regulated businesses, the public, and City staff with clear and consistent requirements and support the City's broader waste reduction and zero waste goals. As amended, Part 13 will only apply to retail establishments that were already subject to the City’s Code requirements for carry-out bags and are not covered under SB 1053. However, provisions pertaining to the enforcement of SB 1053 and Part 13 will apply to all regulated retail establishments, as permitted by California Public Resources Code Section 42285.
CDD Program
The City established the CDD Program (Program) in 2001 to reduce the amount of C&D debris disposed of in landfills by requiring the recycling and recovery of materials generated by C&D activities. The Program encompasses permit holders, City-certified recycling facilities, and non-exclusive haulers, and applies to qualifying projects that require a building or demolition permit. Permit holders are required to submit
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
documentation demonstrating compliance with applicable diversion requirements upon project completion. If a diversion deposit is paid, projects may receive a refund after satisfying the Program's diversion and documentation requirements and submitting an application.
The amendments update Part 15 to ensure the Code accurately reflects the City's current Program administration needs and regulatory framework. The amendments reorganize and clarify existing provisions, incorporate updated definitions and administrative processes that have been implemented since the Program was established, and update Program requirements to reflect current C&D debris management practices. The amendments also align the Code with the most up-to-date applicable state requirements and provide a more comprehensive and clearer framework for the administration of California Green Building Standards Code mandated waste management plans, diversion documentation, compliance, and Program oversight and enforcement.
ANALYSIS
Solid Waste Management and Enforcement
Staff recommends amending various parts of Chapter 9.10 relating to general regulations and those specific to residential and commercial solid waste services. The proposed amendments consolidate, clarify, and expand Code language, which will reduce administrative burden, improve enforcement fairness, close existing gaps, and support public safety and neighborhood cleanliness. Some of the major changes include:
Consolidation of Residential Container Setout: Improper setout of solid waste and solid waste containers is currently addressed separately by property type (single-family/multi-family residential) and service type (cart/bin), resulting in different Code sections being cited for the same conduct (e.g., early setout of containers or containers left out too long). The amendments consolidate solid waste container setout requirements for all residential properties, cart types, and service types for easier reference and application of fines. The amendments add definitions for solid waste containers, bins, and carts to facilitate the above revisions.
Consolidation of Improper Management of Solid Waste Sections: Improper management of solid waste materials (garbage, recyclables, organics) is currently addressed across multiple Code sections depending on material and
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
property type. The amendments consolidate various improper solid waste management sections into a single section covering improper management of any solid waste material. This will simplify enforcement procedures, public-facing educational materials, and an understanding of solid waste management standards. The amendments also prohibit unauthorized use of solid waste containers and unauthorized use of solid waste services (e.g., residential services being used by a commercial business).
Director Authority to Determine Correct Solid Waste Service: The amendment grants the Director of Environmental Services Department explicit authority to determine the correct solid waste service for a property (e.g., commercial service/single-family service/multi-family service), providing a clear basis for staff decisions and reducing disputes over service requirements. Recyclable/Organic Material Containers Permitted: The amendment deletes outdated provisions pertaining to collection container types that were permitted under previous residential solid waste collection contracts. These updates ensure the sole use of containers provided by the City or the City’s authorized residential solid waste, recycling, and yard trimmings haulers.
Repeal of Section 9.10.1440: Staff recommends repealing this section, which provides an exception allowing small businesses generating less than one cubic yard of solid waste per week to receive residential-rate service. This provision is a remnant of a prior service contract structure and was not deleted when the City transitioned to its current residential and commercial collection contracts, which require all commercial sites to receive solid waste service.
Single-Use Carry-out Bag
Staff recommends amending Part 13 (Single-Use Carry-out Bag) of Chapter 9.10, effective January 1, 2028, to align with state requirements established under SB 1053 and applicable provisions of the California Public Resources Code. Some of the major changes include:
Title of Part 13. The amendment deletes “single-use” from the title. Carry-out Bags. The amendment prohibits retail establishments not regulated by SB 1053 from providing carry-out bags at checkout unless the bags contain at least 50% post-consumer recycled content, are accepted in curbside recycling, and are labeled with the manufacturer’s name, country of manufacture, and postconsumer recycled content percentage. The existing $0.10 minimum bag charge under the Code, consistent with SB 1053, will remain in effect.
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
Monies Collected. The amendment provides that all monies collected from bag sales shall be retained by the retail establishment and can only be used for certain purposes (as required by California Public Resources Code Section 42283.7).
Electronic Benefits Transfer and Women, Infants, and Children Customers.
The amendment prohibits retail establishments from charging Electronic Benefits Transfer and Women, Infants, and Children customers for carry-out bags (as required by California Public Resources Code Section 42283). Enforcement Action and Fines. The amendment expressly provides the City the authority to take enforcement action against a retail establishment that is not compliant with the Code and/or SB 1053 (as provided by California Public Resources Code Section 42285), including the ability to impose fines. This will ensure clarity for all retail establishments that they are subject to the same carryout bag requirements.
These amendments to Part 13 will take effect on January 1, 2028, to give staff ample time to conduct education and outreach to the impacted retail establishments.
CDD Program
Staff recommends amending Part 15 to comply with state solid waste diversion requirements and modernize the Program to align with current industry standards.
Some of the major changes include:
Title and Structure of Part 15. Part 15, entitled the “Construction and Demolition Diversion Deposit Program,” puts the focus on diversion deposit collection and refunds. The proposed amendment deletes “deposit” from the title in order to communicate a broader regulatory framework of the Program. Monetary Value Based Provisions. Deposit requirements based on the value of construction projects will be deleted and replaced with Program applicability thresholds with project scope-based criteria to align with California Green Building Standards Code. Starting January 1, 2027, residential additions and alterations that do not increase a structure’s conditioned floor area, volume, or size; non-residential additions and alterations under 1,000 square feet; and emergency demolitions such as fire-damaged structures will be exempt from the requirements of the Program. This focuses Program requirements on projects with the greatest potential to generate substantial amounts of recoverable C&D debris and reduces the administrative and financial burden on smaller-scale projects and individual residents.
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
Diversion Standards and Deposits. Program requirements will be strengthened by clarifying diversion standards, documentation, deposit refund eligibility, and compliance procedures for permitted C&D projects. The diversion standard for new construction projects is being changed to 65%, bringing the City’s requirement into alignment with the California Green Building Standards Code mandate.
Third-party Certification Requirements. Oversight of C&D debris management will be enhanced by establishing third-party certification requirements for mixed C&D recycling facilities. This replaces the current self-reporting model, in which facilities determine and report their own diversion rates with no independent check, with rates verified by a City-approved third party. Prohibition of Mixed C&D Debris to Landfill. New provisions will eliminate direct to landfill disposal practices for all C&D material generated at project sites, regardless of project scope or valuation. The current Code does not clearly prohibit hauling mixed C&D debris straight to a landfill, which can defeat the Program's basic purpose of diverting debris from disposal. Waste Management Plan Requirements. The current waste management plan process will be improved by adding a new Code section that states the information that must be provided to the City regarding C&D material handling, hauling arrangements, receiving facilities, and projected project disposal volume.
This creates greater consistency and transparency in how projects plan for and document C&D material recovery.
Repeal of Code Section 9.10.2420. This section, which exempted roofing projects from diversion deposit requirements until 2002, is outdated and unnecessary because Code Section 9.10.2430 exempts roofing projects from a demolition debris clearance document and a diversion deposit.
Most of the amendments to Part 15 will take effect 30 days after adoption, but some will not take effect until January 1, 2027, such as diversion deposit exempted projects, diversion deposit refund requirements, prohibition of direct disposal of mixed C&D debris to the landfill, and the change in diversion level requirement to 65% for building permit holders. This short deferment will give staff time to incorporate new requirements into the Program, as well as give time to all persons who are subject to the CDD requirements to incorporate them into their operations.
To support implementation of the changes, staff is developing clear and straightforward outreach materials describing Program requirements and deposit refund eligibility, which will be available at the permit desk and on the City’s website. Collectively, the amendments improve program equity, strengthen accountability, and support the City's
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
goal of maximizing the recovery and recycling of C&D material while maintaining compliance with applicable state requirements.
Peer City Analysis
Staff has also been collaborating with counterparts at the City and County of San Francisco and the City of Oakland on a quarterly basis to research and analyze best practices in the greater Bay Area and the C&D industry as a whole. In addition, staff exchanged information and best practices with several other cities to better contextualize proposed changes. The proposed amendments align the City's requirements, including third-party certification of mixed C&D facilities, prohibition of direct disposal, and Program applicability thresholds, with these established peer practices.
Administrative Citation Schedule of Fines
Fines for violations of Section 9.10.430 (relating to solid waste container requirements) are being revised from a flat rate of $500 to escalating fines starting at $100 and up to $1,000 for the fourth and subsequent violations. This escalation method aligns with other solid waste related fines and is intended to encourage compliance by starting with a lower fine but ultimately resulting in a higher fine than the current amount. Fines for violations of Section 9.10.2020 (carry-out-bags provided at checkout) are being increased to align with the state’s fines set forth in California Public Resources Code Section 42285, which are $1,000 per day for the first violation, $2,000 per day for the second violation, and $5,000 per day for the third and subsequent violations. The carryout-bag fines will not take effect until January 1, 2028, when the amendments to Part 13 become operative. Both amendments are being made to encourage compliance, ensure consistent enforcement, and to promote City health and safety.
Climate Smart San José Analysis
On November 18, 2025, the City Council approved the Zero Waste Element for incorporation into Climate Smart San José, the City’s long-term climate action plan. The proposed amendments advance Zero Waste Element goals by increasing C&D material recovery, reducing landfill disposal, strengthening the CDD Program requirements, and promoting the reuse and recycling of C&D materials. By increasing diversion of recoverable materials, there will be improvements to conserve natural resources, support a circular economy, and contribute to the City’s greenhouse gas reduction objectives. Of particular significance, the prohibition of direct disposal for C&D materials will ensure diversion from landfill disposal whenever feasible.
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
EVALUATION AND FOLLOW-UP
No additional follow-up action with the City Council is expected at this time.
FISCAL IMPACTS
The amendments to the Administrative Citation Schedule of Fines may result in a nominal increase in the number of City administrative citations issued and revenue collected. Any additional revenue collected would be deposited in the Environmental Services Department’s Integrated Waste Management Fund. Amendments related to the CDD Program will not have a fiscal impact.
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
PUBLIC OUTREACH
This memorandum will be posted on the City Council Agenda website for the October 27, 2026 City Council meeting.
Staff researched and collaborated with members of the Technical Advisory Committee to the Recycling and Waste Reduction Commission of Santa Clara County, the Construction and Demolition Recycling Association, and other local jurisdictions.
BOARD, COMMISSION, COMMITTEE RECOMMENDATION AND INPUT
No board, commission, or committee recommendation or input is associated with this action.
CEQA
Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment.
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendments to Chapter 9.10 (Solid Waste Management) of Title 9 of the San José Municipal Code
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution. /s/
Jeffrey Provenzano, P.E.
Director, Environmental Services
Department
For questions, please contact Judy Erlandson, Deputy Director, Environmental Services Department at [email protected] or (408) 535-8557.