1 STAFF REPORT
DATE: December 5, 2023
TO: Justin Hess, City Manager
FROM: Ken Berkman, Public Works Director
VIA: John Molinar, Assistant Public Works Director – Street and Sanitation BY: Amber Duran, Recycling Coordinator
SUBJECT: Adoption of a Resolution Authorizing the Submittal of an Individual Grant Application for Senate Bill 1383 Local Assistance Grant Funds to the California Department of Resources Recycling and Recovery (CalRecycle) and Delegating Such Authority to the Public Works Director to Apply For, Finalize, and Execute Grant Documents Related to SB 1383 For the Next Five Years
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE SUBMITTAL OF AN INDIVIDUAL GRANT APPLICATION FOR SENATE BILL 1383
LOCAL ASSISTANCE GRANT FUNDS TO THE CALIFORNIA DEPARTMENT OF
RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) AND DELEGATION OF
AUTHORITY TO PUBLIC WORKS DIRECTOR TO APPLY FOR, FINALIZE, AND EXECUTE SENATE BILL 1383-RELATED GRANT DOCUMENTS FOR THE NEXT FIVE YEARS (Attachment 1).
BACKGROUND
In September of 2016, Governor Brown signed into law Senate Bill (SB) 1383, the Short- Lived Climate Pollutant Reduction Act. SB1383 is the most significant waste reduction mandate to be adopted in California in the last 30 years and establishes methane emissions reduction targets statewide to reduce emissions of short -lived climate pollutants (SLCP). SB1383 statewide targets are intended to achieve the following actions by 2025: (1) reduce organic waste disposal by 75%; and (2) recover for human consumption not less than 20% of surplus edible food that is currently disposed.
PUBLIC
WORKS
2 The California Department of Resources Recycling and Recovery (CalRecycle) oversees a variety of programs and policy initiatives to reduce the amount of solid waste sent to landfills and to promote recycling within the State and was tasked with adopting implementation regulations to achieve the SB1383 statewide targets. To comply with the requirements of SB1383 and CalRecycle regulations, on March 15, 2022, the City of Burbank (City) passed Ordinance No. 22- 3,969 amending the Burbank Municipal Code (BMC) related to Solid Waste. To assist with the City’s initial SB -1383 program implementation, CalRecycle has designated an estimated $190,318 for the City through the SB1383 Local Assistance Grant Program.
DISCUSSION
The City’s solid waste management program provides solid waste collection services to residential and certain commercial customers. Other customers are serviced by private haulers who are authorized to collect solid waste in the City through a non-exclusive permitting system. In addition to establishing the permitting system for solid waste haulers, the current BMC also includes provisions that govern how businesses and residents must properly handle and dispose of solid waste in the City (including garbage, recyclables, and organics). CalRecycle requires a resolution approved by Burbank’s City Council designating an authorized City representative to apply for the $190,318 in grant funds and that representative should be the point person to apply for and execute each year of the five-year grant. For efficiency purposes and to respect Council’s time because this is a routine and reoccurring grant, staff is recommending as part of this request to authorize the Public Works Director to apply for this grant each year for a five-year term.
This resolution is necessary to allow the City to apply for the allotted funding provided by CalRecycle. Funds will be used to meet the City’s obligation to comply with SB1383’s requirements. This enables staff (or designees) to perform inspections, assess contamination levels, and educate businesses and residents about the requirement to properly separate waste materials for recovery or disposal. All residents and businesses will receive outreach and education from staff, consultants, and private haulers and will be given several chances to comply before notices of violation are issued; however, enforcement actions may include penalties if violations persist. The bulk of the funds will likely be used to procure compost or mulch as mandated by the S tate for dispersal throughout the City.
ENVIRONMENTAL REVIEW
The creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, do not qualify as projects under the California Environmental Quality Act (CEQA). Because this activity only involves 3 funding of an already adopted solid waste management project, such fiscal activities are not a project under CEQA and no further environmental review is necessary.
FISCAL IMPACT
While the grant funds are slated for materials and consultant services related to SB1383 compliance activities, there is no fiscal impact associated with submittal of this grant.
CONCLUSION
Staff respectfully requests that Council adopt the resolution authorizing the submittal of an Individual Grant Application for a Senate Bill 1383 Local Assistance Grant to help the City with education and enforcement of mandated SB 1383 regulations for businesses and residents, and delegate authority to the Public Works Director for the next five years.
ATTACHMENT
Attachment 1 – Proposed Resolution