SB 1383 Updates
Organic Waste Reduction
February 10, 2022
SB 1383 Organic Waste Reduction
1. Workshop: Updates on City of Fresno’s compliance status
2. Ordinance Updates: Amend FMC Article 2 – Waste Collection and Disposal
3. Notice of Intent to Comply: Approve a resolution authorizing DPU to submit a Notice of Intent to Comply (NOIC) with SB 1383
4. Grant Application: Approve a resolution authorizing DPU to submit an application for SB 1383 Local Assistance Grant Program funding
Overview of Item
SB 1383 Organic Waste Reduction
• Organic Waste:
• Includes green waste, wood waste, food waste, and fibers such as paper and cardboard
• By 2025:
• 75% reduction in landfilled organic waste statewide
• 20% increase in edible food recovery statewide
• There are no individual jurisdiction targets
• Instead, jurisdictions are required to implement specific actions • Regulations took effect January 1, 2022
Regulation Overview
SB 1383 Organic Waste Reduction
Organic Waste Collection Services
• Residential service:
• City currently provides 3-container “source separated” collection service to all residential customers
• Commercial service:
• City contracts with commercial franchise haulers for multifamily and commercial collection service
• Not all multifamily and commercial customers have green waste carts • Must negotiate amendments to commercial hauler agreements Jurisdiction Responsibility #1
SB 1383 Organic Waste Reduction
Edible Food Recovery Program
• Food to Share Program:
• Fresno Metro Ministry’s program
• Highlighted as case study on CalRecycle website
• Need to partner with Fresno Metro Ministry to assess future capacity and expansion
• Commercial Edible Food Generators:
• Tier 1 Commercial Edible Food Generators = Grocery stores, food distributors, wholesale food vendors
• Tier 2 Commercial Edible Food Generators = Restaurants, schools, hotels & hospitals with on-site cafeterias, large entertainment venues • Need to create program for inspection and enforcement Jurisdiction Responsibility #2
SB 1383 Organic Waste Reduction
Education and Outreach
• Residential Service:
• Need to prepare education & outreach plan
• Materials will be available in multiple languages
• Will utilize multiple avenues of communication
• Commercial Service:
• Need to amend contracts with commercial haulers to ensure that outreach and educational materials are provided to all customers • Collection service requirements, contamination standards, overall compliance • Edible food recovery requirements for all commercial edible food generators Jurisdiction Responsibility #3
SB 1383 Organic Waste Reduction
Procurement
• Recovered Organic Waste Products:
• Compost, mulch, renewable energy
• City doesn’t have access to qualified renewable energy • Minimum Procurement Target:
• City of Fresno = 43,741.6 tons of recovered organic waste products • DPU will coordinate with other City departments to meet procurement target (i.e. – PARCS, Public Works for landscape use of mulch) • Need to coordinate citywide reporting of all applicable procurement activities
• Need to update Administrative Order 8-13 (City’s Use of Environmentally Preferable Products)
Jurisdiction Responsibility #4
SB 1383 Organic Waste Reduction
Infrastructure
• Organic Waste Recycling Capacity:
• City must demonstrate adequate access to recycling capacity through existing contracts, franchise agreements, or other documented arrangements
• Need to amend agreements with green waste haulers to incorporate processing of food waste in the organics waste stream
• Edible Food Recovery Capacity:
• Fresno Metro Ministry’s Food to Share Program
• Need to partner with Fresno Metro Ministry to assess future capacity and expansion
Jurisdiction Responsibility #5
SB 1383 Organic Waste Reduction
Inspection and Enforcement
• Ordinance Update (2022):
• Must adopt an ordinance or other enforceable mechanism • Introduction of ordinance February 17; adoption on March 10 • Compliance Monitoring and Education (2022-2024):
• Focus on educating all generators (residential & commercial) and providing opportunity for compliance prior to enforcement
• Residential inspection program to include “lid-flip” inspections • Need to develop commercial collection inspection program • Need to develop commercial edible food generator inspection program • Compliance Monitoring and Enforcement (2024):
• Progressive enforcement – only the most egregious violators will need to be fined
Jurisdiction Responsibility #6
SB 1383 Organic Waste Reduction
Recordkeeping
• Implementation Record:
• Need to implement recordkeeping program to incorporate all required elements:
• Organic collection services (residential & commercial) • Edible food recovery
• Education & outreach
• Procurement
• Hauler programs
• Commercial edible food generators
• Contamination minimization
• Waivers
• Inspection & enforcement
Jurisdiction Responsibility #7
SB 1383 Organic Waste Reduction
Notification of Intent to Comply (NOIC)
• Jurisdictions that are struggling to implement the regulations due to the COVID-19 pandemic, and are facing continuing violations and administrative civil penalties, may submit to CalRecycle a NOIC by March 1, 2022
• Must include a resolution approved by City Council affirming the contents and timeline of the NOIC
• CalRecycle to provide determination within 45 days of application • When approved, a jurisdiction may be eligible for:
• Administrative civil penalty relief for the 2022 calendar year • A corrective action plan
SB 619 – Notice of Intent to Comply
SB 1383 Organic Waste Reduction
The City must:
• Negotiate amendments to agreements with commercial haulers, green waste processors, and non-exclusive roll-off (NERO) haulers • Develop edible food generator inspection plan
• Develop outreach & education plan
• Develop procurement plan and update City’s procurement policy • Develop recordkeeping system
• Complete rate study to include costs related to SB 1383 compliance Key Tasks
SB 1383 Organic Waste Reduction
Proposed Timeline – 2022
• February 17, 2022:
• Introduction of updates to FMC Article 2 – Waste Collection and Disposal (adoption on March 10, 2022)
• Approve a resolution authorizing DPU to submit a NOIC • Approve a resolution authorizing DPU to submit an application for SB 1383 Local Assistance Grant Program funding
• July 1, 2022:
• Develop residential education & outreach plan
Key Milestones
SB 1383 Organic Waste Reduction
Proposed Timeline – 2023
• January 1, 2023:
• Amend agreements with haulers
• Including commercial haulers, green waste processors, non-exclusive roll-off haulers
• Complete rate study for residential collection services • March 1, 2023:
• Implement commercial organics collection
• Implement edible food generators inspection program
• September 1, 2023:
• Implement residential organics collection
Key Milestones
SB 1383 Organic Waste Reduction
Available Funding:
• One-time funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383
• City of Fresno estimated funding amount: $718,149
• To be used specifically for SB 1383 implementation
• City will use these funds for personnel, consultants, education, outreach, public outreach materials, record keeping/tracking software, inspections, enforcement, training, safety, personal equipment/devices, etc.
SB 1383 Local Assistance Grant Program
SB 1383 Organic Waste Reduction
February 17th City Council Action Items:
• Amend FMC Article 2 – Waste Collection and Disposal
• Approve a resolution authorizing DPU to submit a Notice of Intent to Comply
• Approve a resolution authorizing DPU to submit an application for SB 1383 Local Assistance Grant Program funding
Notice of Intent to Comply:
• Submit by March 1, 2022
Next Steps
SB 1383 Organic Waste Reduction
Questions?