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June 7, 2022
ITEM TITLE
Senate Bill 1383: Amendments to Chula Vista Municipal Code Chapters 8.24 (Solid Waste) and 8.25 (Recycling, Organic Waste, and Edible Food Recovery) to Ensure Compliance with Senate Bill 1383 Mandates
Report Number: 22-0124
Location: No specific geographic location
Department: Economic Development
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Place an ordinance on first reading amending various sections of Chula Vista Municipal Code Chapter s 8.24 and 8.25 to ensure compliance with Senate Bill 1383 regulations. (First Reading)
SUMMARY
California Senate Bill 1383 (SB 1383) requires cities and counties to expand recycling programs to include the diversion of compostable organic materials from landfill disposal. Organic waste recycling will help the state achieve gree nhouse gas reduction targets and will help local cities achieve their own Climate Action Plan goals. Methane from decomposing organic waste in landfills is a significant source of greenhouse gas emissions and these new regulations require municipal agenci es to modify solid waste management programs to achieve new organic waste reduction targets.
If approved, this ordinance will amend Chula Vista Municipal Code (CVMC) Chapters 8.24 and 8.25 to ensure City’s compliance with SB 1383 regulations which require jurisdictions to implement requirements related to edible food generators, edible food rescue organizations , self-haulers, and the Source -Separation of Organic Waste and Recyclables.
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ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Sectio n 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The Sustainability Commission voted to approve certain revisions to Chapter 8.25 during their April 2022 meeting and recommended City Council approval of the same.
DISCUSSION
SB 1383 codified the California Air Resources Board's Short -Lived Climate Pollutant Reduction Strategy, as it relates to reduction in the emissions of short-lived climate pollutants such as methane from solid wastes.
The regulations were approved by the State’s Office of Administrative Law in November 2020 and prescribe specific actions local jurisdictions must take to reduce short -lived climate pollutants related to solid waste collection and processing. The regulations require municipal agencies to modify solid waste management programs to achieve new organic waste reduction targets. (Attachment 1 SB1383 Regulations).
To achieve the reduction of landfilled organic waste, and to increase recovery, the State has mandated the following:
1. Provide organics collection services to all residents, multi-family complexes, and businesses;
2. Establish edible food recovery programs;
3. Conduct education and outreach to the community;
4. Procure recyclable and recovered organics products; and
5. Monitor compliance and conduct state-mandated enforcement.
Staff determined that amendments are needed to Chula Vista Municipal Code (CVMC) chapters 8.24 and 8.25 in order to meet the above mandates and ensure consistency across these chapters . Staff recommends amending portions of CVMC Chapters 8.24 and 8.25 to achieve compliance with SB 1383, and to provide for general cleanup of outdated or unnecessary provisions as shown in more detail in Attachments 2 and 3, and briefly summarized below.
8.25.020. Definitions. The proposed amendments add defined terms in connection with the SB 1383 mandates, modify existing defined terms to provide clarity with existing or new code requirements , and delete defined terms that are no longer necessary or useful for purposes of these chapters.
8.25.030. Collection service and fees. In accordance with SB 1383 mandates, the proposed amendments require all commercial, multi-family, and residential accounts to subscribe to garbage, recycle, and organic waste collection services, unless an exception or waiver is granted in accordance with the code.
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8.25.040. Storage and Containers. Proposed amendments provide SB 1383 requirements for safe storage of Solid Waste and containers on site.
8.25.050. Separation of Recyclable and Organic Waste. Proposed amendments provide SB 1383 requirements for separation of garbage, recyclables, and organic waste.
8.25.055. Commercial education and outreach requirements. Proposed amendments provide for education and outreach requirements for Commercial Businesses regarding information related to SB 1383 mandates/regulations.
8.25.060. Commercial edi ble food generator requirements . Proposed amendments provide that generators are required to recover the maximum amount of edible food that would otherwise be disposed of in the waste stream and provide parameters for edible food recovery programs in accordance with SB 1383.
Additionally, these generators will be required to maintain and provide access to records to City.
8.25.065/8.25.070. Food recovery organizations and services requirements /Reports. Proposed amendments provide that these organizations shall maintain and provide access to records to City as required by SB 1383.
8.25.100. Inspections and Investigations. Proposed amendments provide that City representatives are authorized to conduct inspection and investigations to confirm compliance with SB 1383 requirements .
Regulated persons and entities are required to provide access and cooperate with City during these processes.
8.25.105. Violations and Penalty. Proposed amendments provide that violations of any provisions of the Chapter shall be unlawful and the City shall enforce violations.
Chapter 8.24. The proposed amendments ensure consistency with Chapter 8.25 and provide for general cleanup for outdated or unnecessary provisions.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the Chula Vista City Council members do not create a disqualifying real prop erty-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any Chula Vista City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
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There are no on-going fiscal impacts to the General Fund as a result of the proposed code amendments.
ONGOING FISCAL IMPACT
There are no on-going fiscal impacts to the General Fund as a result of the proposed code amendments.
ATTACHMENTS
Attachment 1 SB1383 Regulations
Attachment 2 Chapter 8.24 CVMC Redline version
Attachment 3 Chapter 8.25 CVMC Redline version
Staff Contact: Manuel Medrano, Environmental Services Manager.