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Enforcement on local jurisdictions by the State of California. The SB 1383 enforcement structure allows CalRecycle to focus on compliance assistance first and dedicate enforcement efforts to serious offenders. Regulations allow for flexibility and deadline extensions in some instances when there are extenuating circumstances causing compliance issues despite a jurisdiction's substantial efforts, such as the COVID-19 pandemic and natural disasters. While the regulations become effective Jan. 1, 2022, the enforcement process is an escalating process and the timelines are not triggered until a Notice of Violation (NOV) is issued. • CalRecycle has discretion to address compliance issues with a jurisdiction through compliance evaluations prior to moving to enforcement proceedings. • CalRecycle will consider the totality of circumstances surrounding a jurisdiction's compliance prior to issuing NOVs. • CalRecycle has discretion to issue NOVs and, depending on circumstances, not seek penalties. If CalRecycle takes enforcement action, it can consider extenuating circumstances as well as substantial efforts made by a jurisdiction and place the entity on a Corrective Action Plan (CAP). CalRecycle has enforcement discretion to allow for a longer timeline for compliance. Regulations allow for extended timelines (under certain circumstances), giving jurisdictions up to 3 years to come into compliance before penalties are issued. If CalRecycle determines a jurisdiction is violating one or more requirements and decides to take enforcement action, it must issue an NOV. A jurisdiction will have 90 days to correct the violation. That timeframe can be extended an additional 90 days to a total of 180 days if the department finds that additional time is necessary. Jurisdictions can be placed on a Corrective Action Plan for up to 24 months (from the date of the NOV issuance) to come into compliance with the law for violations due to barriers outside a jurisdiction's control (extenuating circumstances) and when a substantial effort is made by the jurisdiction towards compliance. Extenuating circumstances include: earthquakes, wildfires, flooding, natural disasters, and other emergencies (such as pandemics). Delays in obtaining discretionary permits or other government agency approvals. An organic waste recycling infrastructure capacity deficiency requiring more than 180 days to cure. Substantial effort is where a Jurisdiction has done everything within its authority and ability to comply. Substantial effort does not include circumstances where a decision- making body of a jurisdiction has not taken the necessary steps to comply with the chapter, including, but not limited to failure to provide adequate staff resources to meet its obligations, or failure to provide sufficient funding to meet its obligations, or failure to adopt the ordinance(s) or similarly enforceable mechanisms. Page 3 of 9