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agenda-report City and Fire Protection District Purchasing and Contract Policy Addendum for SB 1383 Procurement

Barstow City Council
March 7, 2022

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agenda-report City and Fire Protection District Purchasing and Contract Policy Addendum for SB 1383 Procurement
Meeting
March 7, 2022
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Barstow City Council
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Text extracted from the city's file for reading and search. Open the original on barstowcityca.iqm2.com. That file is the official record.

Joint Special Council/BFPD
03/7/22 07:00 PM
Environmental Services
Jessica Reed
Resolution
Doc ID: 4947

COUNCIL RESOLUTION
AGENDA MATTER:

CITY AND FIRE PROTECTION DISTRICT PURCHASING AND CONTRACT POLICY ADDENDUM FOR SB 1383 PROCUREMENT
EXECUTIVE SUMMARY:

This is a proposed update to the City/District Purchasing Policy, adding an addendum for recovered organic waste procurement in accordance with SB 1383 regulations. Adoption of this policy would support the City's efforts in achieving the targets set by the State for the procurement of recovered organic waste and recycled-content paper products, establishing a standard for all departments to adhere to.

DISCUSSION:

SB 1383 requires that beginning January 1, 2022 jurisdictions must procure recovered organic waste products made from California, landfill-diverted organic waste, which includes materials such as compost, mulch, renewable energy products and electricity. Each jurisdiction has the flexibility to choose what mix of recovered organic waste products it wants to procure, and may choose to either use or donate the products to meet its procurement target, depending on its needs.

Using a specific formula (City population x 0.08 tons per capita), CalRecycle has determined that our procurement target is 2,000 tons per year. It is important to note that in the context of SB 1383, procurement does not necessarily mean the products must be purchased. Jurisdictions may acquire products with no financial transaction and either use or donate those products to meet the procurement target.

At this time, the City is focusing on the procurement of compost and mulch products, as energy products and electricity are not considered the most feasible options at this time. The City plans to work with Burrtec and other sources to acquire compost and/or mulch to be used for periodic community giveaway events and for use in City landscaping projects, as well as application of material at parks and open spaces, for erosion control, or any other enhancements where the material can be utilized to conserve water and improve soils.

Additionally, there is a recycled-content paper element to the procurement regulations, which states that at least 75% of a jurisdictions annual paper and paper product purchases shall be recycled content. This means all paper products must contain at least 30% postconsumer fiber and must be labeled and certified recyclable.

Furthermore, the law requires that all procurement activities be properly documented and reported to the State.

Prior to the legislation taking effect, solid waste staff met with the various departments who are involved in these types of procurement activities to inform them of the requirements and currently, applicable purchases are being made in accordance with the law and being documented as required.

As a tool to further assist us with compliance, staff is proposing the adoption of this procurement policy, using CalRecycle’s model. After discussion with internal staff including the Finance Director about the Joint Special Council/BFPD
03/7/22 07:00 PM
Environmental Services
Jessica Reed
Resolution
Doc ID: 4947

COUNCIL RESOLUTION
proposed policy, it was determined that the best way to formalize it was to incorporate it into the City’s main Purchasing Policy & Contract Guidelines via an addendum.

Since the purchasing and contract policy covers both the City of Barstow and the Barstow Fire Protection District, it is recommended that each body take separate action by resolution to adopt the updated policy.

The following are attached for approval in support of our obligation to comply with the procurement requirements of SB 1383:
 City Council resolution for the adoption of the amended policy.  BFPD resolution for the adoption of the amended policy.  Redline Purchasing Policy & Contract Guidelines adding Section A for Organic Materials and incorporating Addendum A (See page 24-25 of the policy)  Addendum A: SB 1383 Recovered Organic Waste Procurement Policy.

Recovered organic waste procurement is just one of many City responsibilities under the SB 1383 regulations. Listed below are the other main obligations we must meet in order to achieve compliance:
 Adopt a mandatory organic waste recycling ordinance.
o Completed in December 2021.
 Implement a residential organic waste collection program. o Program is planned to commence in 3rd Quarter 2022 and would provide a 3rd curbside collection container for source separated organics (unbagged green/yard waste and bagged food scraps).
 Update the Burrtec franchise agreement to include the additional services necessary, along with adjusted rates to cover implementation costs.
o Contract and rates are currently under preliminary review and anticipated to be presented to Council in May 2022.
 Implement an edible food recovery program.
o Program is underway and being spearheaded by the JPA.  Conduct outreach and education
o Updates are happening on an ongoing basis via the City’s website, bill inserts/newsletters, Channel 6, and social media.
 Record keeping and reporting of all SB 1383 related activities. o Happening on an ongoing basis, with an initial report due April 1, 2022.

Joint Special Council/BFPD
03/7/22 07:00 PM
Environmental Services
Jessica Reed
Resolution
Doc ID: 4947

COUNCIL RESOLUTION
 Monitoring and enforcement.
o Not required until 2024.
 Capacity planning for both organic waste and edible food. o The legislation places this responsibly primarily on Counties, but requires coordination with cities.
o We must provide the County with our tonnage information so they can estimate the amount of organic waste that will be disposed within the County, the amount of infrastructure capacity available, and estimate new or expanded capacity that would be needed in order to meet the mandates.
o Capacity planning reporting must begin August 1, 2022.

FISCAL IMPACT:

There is no fiscal impact for this item.

RECOMMENDED ACTION:

Staff recommends that:

1. The City Council adopt Resolution No. ______-2022 amending the Purchasing and Contract Policy adding Addendum A: SB 1383 Recovered Organic Waste Procurement Policy.

2. The Fire Board adopt Resolution No. Resolution No. ______-2022 amending the Purchasing and Contract Policy adding Addendum A: SB 1383 Recovered Organic Waste Procurement Policy.

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