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CC - Item 6C - Discussion on New State Organic Law Senate Bill 1383ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER DATE: JUNE 14, 2021 SUBJECT: DISCUSSION ON THE STATE'S NEW ORGANIC LAW SENATE BILL 1383 — SHORT-LIVED CLIMATE POLLUTANTS SUMMARY This item is presented to the City Council at the request of Council Member Sandra Armenta. She would like to discuss how the City will follow compliance with regards to Senate Bill 1383. STAFF RECOMMENDATION That the City Council discuss and provide further direction. STRATEGIC PLAN IMPACT - None FISCAL IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment A: SB 1383 Background and Requirements AGENDA ITEM 6.0 Attachment A SB 1383 Background and Requirements SB 1383 Background The Law In 2016, Senate Bill 1383 was signed into law to combat climate change and reduce landfill methane emissions. Methane is a climate super pollutant, 84 times more potent than carbon dioxide. Organics like food scraps, yard trimmings, paper, and cardboard currently make up 50% of what Californians dump in landfills. Targets: Reduce organic waste disposal 50% by 2020 and 75% by 2025. Rescue at least 20% of surplus food currently disposed of by 2025 to feed hungry people. SB 1383 goes into effect on January 1, 2022. What Does In 2022, SB 1383 requires every jurisdiction` to provide organic waste collection services to all It Mean? residents and businesses. This law requires that jurisdictions contract with their waste hauler, Republic Services, to collect organics, including food waste, and process it as a unique and separate material stream. The organics recycling system is not a one size fits all approach - so the program and solution for processing the material may vary byjurisdiction. What Are Organic waste includes food, green material, landscape, pruning waste, organic textiles and Organics? carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludge. Who IS Everyone. Residents, multi -family properties and complexes, businesses, schools, and public Affected? agencies will all need to comply with the law and enroll in an organics recycling program. How IS It The law requires a significantly higher level of processing of organic material than current processed? standards. Processors are required to monitor, track, and ultimately limit the amount of organic material sent to landfills after processing, requiring additional processing and the development of new systems to remove contaminants and excess organic material that may have previously been sent to the landfill as residue. To learn more about SB 1383, go to: https://www.calrecycle.ca.goWorganics/slcp/Jurisdictions *Jurisdiction means a city, county, a city and county, or a special district that provides solid waste collection services �#91 REPUBLIC" SERVICES We'll handle it from here' SB1383 Requirements Collection Organics Collection Program: Provide organics recycling collection to all customers jurisdiction -wide, greatly expanding current state -mandated organic collection requirements. Container Color Uniformity: New collection containers must meet a matching color scheme and contain labels with graphics -based instructions for proper separation, which may require replacing all containers. Depending upon a number of factors, this could represent a very large outlay of capital, requiring years to recover in rates. Non -containerized Green Waste: Organic materials must be separated or recovered from other bulky items or other non -containerized collection. Monitoring Minimizing Contamination: Monitor collection containers to ensure proper source separation by physically inspecting containers. Compliance Inspections: Ensure all customers participate in the organics collection program and ultimately enforce compliance through penalties. Enforcement & Grant Waivers: Facilitate verifiable waiver process for customer exemptions Reporting Investigating Violators: Develop a system for tracking and reporting non-compliant customers. Enforcement of Program: jurisdiction is responsible for ensuring program enrollment & compliance and ultimately penalize non-compliant customers. Adopt an Ordinance: Each jurisdiction must utilize an ordinance to outline its enforcement efforts. Reporting: All aspects of the program must be tracked and reported annually. Education & Program Roll-out & Implementation: Outline new program requirements and service offerings Outreach to all customers. Ongoing: Explain the purpose of program participation and compliance requirements. Generators: Ongoing information for program compliance and the requirements to participate. Procurement Recovered Organic Waste Products: Each jurisdiction must procure a calculated volume of products originating from recovered organic material (i.e., a jurisdiction with 100,000 people must procure 4,640 tons of compost). Recycled Paper: Procure paper products that contain recycled material. Edible Food Establish a Food Recovery Program: Create partnerships with edible food collectors to help Recovery reduce food waste. Food Donor Requirements: Establish contracts with edible food collectors and submit data for reporting. REPUBLIC' 4*46 SERVICES To learn more about SB 1383, go to: https://www.calrecycle.ca.goWorganics/slcp/jurisdictions We'll handle it from here' �; ���-. 4: � �' �, ,� �� #��� ,,� �' s k ;; � ;-' _ � : t k ar ^5 ly: m.: 1 �`Sgd� � � � a �. ii .t� � J .; -,, �/ r— R"-- -_ � �_ s ��� � �� �t �� �� F �f�il� � � �,I � � ���� .r_ tic /1 n ■ k �':, . I �> Why Focus on Organics? Other 3.3% Per CalRecycle organics represent 40% of waste stream * Includes food waste and green waste Rubber, leather & textiles 9% • California throws away more than 6 million tons of food waste every year • Organics produce Methane (pollution) when they breakdown and decompose in landfills 2 California Legislative History AB 939 • Created California Integrated Waste Management Board DiversionFIT • Required Counties to develop SRREs (1989) • Established Diversion Goals: 25% by 1995 and 50% by 2000 • Mandatory Commercial Recycling Recycling • State Recycling Goal: 75% by 2020 (2011) AB • • Mandatory Commercial Organics Recycling O • • • Municipal jurisdictions must adopt program 2014 1 • Local compliance started 2018 AB 1594 Green waste = Disposal ADC in LandfillsNo longer counted towards diversion (2014) SB 1383 • Sets organic disposal targets GHG •"• • • Mandatory food waste recycling for residents 1 • Compliance starts 2022 3 Who Oversees the Legislation? CalRecycle • Branch of California Environmental Protection Agency that oversees the state's waste management, recycling, and waste reduction programs ,a CalRecycle 4 Republic Services Proprietary SB 1383 Key Implementation Dates Jan. 2019 Late 2021 January 1, 2025 Late 2019/Early 2020 September 2016 2016-2019 Source: https://www.calrecycle.ca.gov/organics/slcp/education 5 Republic Services Proprietary Responsibilities Provide Organics Collection Services to All Residents and Businesses Republic Services Proprietary Conduct Education and Outreach to Community Establish Edible Food Recovery Program Secure Access to Recycling and Edible Food Recovery Capacity Procure Recyclable and Recovered Organic Products Monitor Compliance and Conduct Enforcement Source: https://www.calrecycle.ca.gov/organics/slcp/education 6 GOrganic Waste Collection Service Residential • Provide source -separated organics collection service to all residents with mandated cart colors & labels - Black Carts for Solid Waste - Blue Carts for Recyclables - Green Carts for Commingled Organic/Green Waste Commercial • Provide source -separated organics collection service to all residents with mandated bin colors & labels - Black Bins for Solid Waste - Blue Bins for Recyclables - Green Bins or Carts for Commingled Organics or Food Waste -Only 7 Republic Services Proprietary Organic Waste Collection Services Three -Container "source separated" Collection Service • Organics prohibited from black container • All organic waste segregated for collection and recycling Two -Container Collection Service • One container for collection of segregated organic waste • One container for collection of mixed waste - (subject to 75% organic content recovery standard) One -Container Collection Service • One container for collection of mixed waste (subject to 75% organic content recovery standard) organics collection • Minimum contamination monitoring and reduction requirements • all residents• Collection waivers authorized for certain documented circumstances Cal Recycle oa ®` Monitoring, Enforcement & Reporting • By end of 2021 • January 1, 2022 (Law takes effect) - Begin conducting annual compliance reviews, route reviews and inspections - Program enrollment & contamination monitoring - Waivers and compliance reporting • By 2024 - CalRecycle Enforcement: annual compliance reviews, route inspections, notice of violations, penalties for violators 9 Republic Services Proprietary Edible Food Recovery • Establish a food recovery program 04 4 �A� 70OVsEA%D Food Finders REPUBLIC Rescuing Food, Reducing Hunger SERVICES QDOutreach Requirements • Annual education to organic waste generators, commercial food generators and self -haulers • Print or electronic communication requirements • Monitor compliance of edible food generators Republic Services Proprietary 1� •.: Procurement • Jurisdiction must procure recycled and recovered organic products - each jurisdiction's annual procurement target is calculated by multiplying its population by 0.08 tons of organic waste per person - Compost, Renewable Natural Gas, & Electricity • Rosemead will need 2,516.20 tons of compost/year - Paper Procurement Requirements ii Republic Services Proprietary SB 1383 doesn't just apply to waste management and recycling Every local department plays a role in SB 1383 implementation Republic Services Confidential Source: https://www.calrecycle.ca.gov/organics/slcp/education 12 Summary • City adopts SB 1383 enforcement ordinance by end of 2021 • January 1, 2022: SB 1383 legislation takes effect with required program requirements Questions? REPUBLIC" SERVICES Republic Services Proprietary