RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, ADOPTING THE NOTIFICATION OF INTENT TO COMPLY RELATED TO SENATE BILL 619
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), designed to achieve the organic waste reduction goals established in Health and Safety Code Section 39730.6 through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.
WHEREAS, the City o f Fullerton is a loca l jurisdiction required to comp ly with the Regulations.
WHEREAS, the City of Fullerton is or expects to face continuing violation s of the Regulations commencing during the 2022 calendar year.
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Public Resources Code Section 42652.5 (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan.
WHEREAS, the City of Fullerton is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval.
WHEREAS, CalRecycle shall approve a Notification of Intent to Comply duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. City Council , by and through its City Manager , hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A.”
2. City Council hereby authorizes and directs its City Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute.
3. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Fullerton represents and certifies that Resolution No. 2022-XX
it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.
4. The City of Fullerton , by and through its City Manager , also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.
5. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED BY THE FULLERTON CITY COUNCIL ON FEBRUARY 15, 2022 Fred Jung
Mayor
ATTEST:
Lucinda Williams, MMC
City Clerk
Date
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.S(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction's governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.S(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction's notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction's approved notification will be in effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction's notification.
Exhibit A
Please clearl� �rint or tv�e responses. Attach additional pages as necessary.
Jurisdiction Name: City of Fullerton I County:Orange
Person Completing the Form:Anissa Livas with Consultant Assistance First Name: Anissa I Last Name: Livas
Title: Administrative Analyst II
Mailing Address: 303 W Commonwealth Ave
City: Fullerton I Zip Code: 92832
Email Address: Anissa. livas@cityoffu llerton .com
Phone Number: 714-738-6317
1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.
Example:
IZl (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. � (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services � (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services � (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services � (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
� (F) 14 CCR section 18984.5 Container Contamination Minimization � (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
D (H) 14 CCR section 18984.7 Container Color Requirements � (I) 14 CCR section 18984.8 Container Labeling Requirements � (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction � (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. � (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach � (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements
D (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers D (0) 14 CCR section 18988.3. Self-haulers of Organic Waste D (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
D (Q) 14 CCR section 18989.1. CALGreen Building Codes
D (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance � (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program � (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
D (U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning D (V) 14 CCR section 18992.2. Edible Food Recovery Capacity � (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target [8J (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
[8J (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements [8J (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to Ca/Recycle.
�(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995. 1 (a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649. 8)
[8J (CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
D (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.
Example:
� (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section [8J (1) 14 CCR Section 18988.4 Record keeping Requirements for Compliance with Jurisdiction Hauler (Could not check above (P))
□ (2)
□ (3)
□ (4)
□ (5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
The City of Fullerton is located in the County of Orange.The City has been in contract negotiations with its franchise hauler since July 2021. Additionally, in December 2021 the franchise hauler had a labor union work stoppage that put the negotiations on pause. Also, the franchise hauler became victim of a ransomware hack on their payroll software (Cronos) in late December 2021 after resolution of the labor stoppage. Prior to initiating negotiations, the City completed an SB 1383 gap analysis and review of their current agreement with their franchise hauler in December 2020. While negotiations have been active (see attached SB 1383 Compliance Process document), there is more time needed to complete negotiations for the restated franchise agreement that includes many of the prescriptive requirements necessary to implement SB 1383-compliant programs. Once the contract has been approved by the City Council, there will also be minimally sufficient time allotted to conduct outreach and education to generators and provide collection containers, as some may not already have the required collection services with the franchise hauler. The franchise hauler has reported industrvwide difficulties of ordering new containers due to a delay caused by the manufacturers of containers.
3. A description of the impacts of the COVID-19 pandemic on compliance.
The City and franchise hauler experienced staffing issues due to quarantine requirements which delayed the contract negotiations for the franchise agreement. Due to the delay in the finalization of SB 1383 Regulations due to COVID-19 there was a delay in being able to actively negotiate the franchise hauler agreement. The franchise hauler has been greatly impacted by COVID-19 and how they operate which has has posed challenges in determining operation/service costs for newly provided services.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.
Please see supplemental attachment.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
Signature
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Printed Name Title Date
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Reaulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:
TASK 2: Date to be completed:
TASK 3: Date to be completed:
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:
TASK 2: Date to be completed:
EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory qreenwaste collection to all residents Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes 417/2022
TASK 2: The city will work with its hauler to find a facility to Date to be completed:
accept mixed oraanic waste. 4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes 4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute Date to be completed:
appropriate containers to all commercial accounts. The city will 4/28/2022 obtain monthly reports from the hauler to monitor full distribution of carts.
CITY OF FULLERTON
Action: Proposed Schedule:
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Outreach/Education of new/expanded services to residents Start December 2022 - complete October 2023 (dependent upon completion of Task 3) Task 5: Implement compliant collection system(s) Date to be completed: 1/1/2024 Action: Proposed Schedule:
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Establish commercial accounts list Start December 2022 - complete June 2023 Task 5: Outreach/Education of new/expanded services to businesses Start December 2022 - complete June 2023 (dependent upon completion of Task 3) Task 6: Implement compliant collection system(s) Date to be completed: 1/1/2024 Explanation:
Per #1, until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to provide a full menu of compliant organic waste collection services that meet the requirements of Section 18984.1 - 18984.3 to all of the City's commercial businesses. The timeline provided for the negotiations with the franchise hauler is a best estimate for completion of the entire process.
Final program roll-out and container delivery for all commercial businesses will be significantly onerous on the City and franchise hauler due to limited container supply.
SB 619 NOIC Supplemental Attachment
#2: The City has not implemented compliant organic waste collection services for all commercial businesses.
Note: The City's franchise hauler offers varying levels of trash, recycling, green waste, and food waste collection services to some businesses in the City. Mandatory collection of all waste streams is required by the City's Municipal Code that adopted the SB 1383 requirements and was finalized January 17, 2022.
Explanation:
Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to provide the compliant organic waste collection services that meet the requirements of Section 18984.1 - 18984.3 to all residents.
#1: The City has not implemented compliant organic waste collection services for all residents.
Note: The City's franchised hauler provides trash, recycling, and/or green waste containers to residents of the City. A residential food waste recycling program is currently not available to any residents in the City.
14 CCR Section 18984.1 - 14 CCR Section 18984.3 Organic Waste Collection Services 2/9/2022 1 City of Fullerton
CITY OF FULLERTON
Action: Proposed Schedule:
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: 7/1/2023 (dependent upon completion of Task 3) Action: Proposed Schedule:
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: 7/1/2023 (dependent upon completion of Task 3) Task 5: Outreach/Education of new/expanded services to generators Start December 2022 - complete October 2023 (dependent upon completion of Task 4) Task 6: Franchisee implementation of container contamination minimization programs Date to be implemented: 7/1/2023 Action: Proposed Schedule:
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Outreach/Education of new/expanded services to generators Start December 2022 - complete October 2023 (dependent upon completion of Task 3) Task 5: Hauler implementation of container contamination minimization programs Date to be implemented: 7/1/2023 Task 6: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: 1/1/2024 Explanation:
Recordkeeping information regarding the hauler container contamination minimization programs will be included in the Implementation Record after program implementation. The timeline provided for the negotiations with the franchise hauler is a best estimate for completion of the entire process. #5: The City has not yet implemented recordkeeping requirements for the monitoring of contaminants being placed in a collection container by a generator as the City has not yet implemented container contamination minimization programs, as described in #1.
Per #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City is unable to implement the container contamination minimization/monitoring requirements. The timeline provided for the negotiations with the franchise hauler is a best estimate for completion of the entire process. The franchise agreement will specify the container contamination minimization/monitoring method used for the City. The pending franchise agreement will include contamination minimization/monitoring methods compliant with Section 18984.5. #4: The City has not yet implemented the monitoring of contaminants being placed in a collection container by a generator through route reviews and/or waste evaluations as the City will be delegating this requirement to the franchise hauler through the restated franchise agreement. 14 CCR Section 18984.4 - Recordkeeping Requirements for Compliance with Organic Waste Collection Services #3: The City has not yet implemented recordkeeping requirements for compliance with organic waste collection services as the City is still negotiating compliant collection methods. SB 1383- compliant reporting standards will be included as a requirement in the restated franchise agreement.
Per #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City is unable to include all of the information in its Implementation Record as required by Section 18984.4 as it pertains to compliance with the organic waste collection service requirements as the franchise hauler is not contractually obligated to provide this information at this time. The timeline provided for the negotiations with the franchise hauler is a best estimate for completion of the entire process. 14 CCR Section 18984.5 - Container Contamination Minimization 14 CCR Section 18984.6 - Recordkeeping Requirements for Container Contamination Minimization Explanation:
Explanation:
2/9/2022 2 City of Fullerton
CITY OF FULLERTON
Action: Proposed Schedule:
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Outreach/Education of new/expanded services to generators Start December 2022 - complete October 2023 (dependent upon completion of Task 3) Task 5: Roll-out of new label-compliant containers by hauler to generators who are receiving new containers Date to be completed: 1/1/2024 Action: Proposed Schedule:
Task 1: City Ordinance in effect with waiver specifications Complete Task 2: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 3: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 4: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 5: Outreach/Education of new/expanded services to generators Start December 2022 - complete October 2023 (dependent upon completion of Task 3) Task 6: Waiver program implementation Date to be completed: 7/1/2024 Action: Proposed Schedule:
Task 1: City Ordinance in effect with waiver specifications Complete Task 2: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 3: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 4: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 5: Outreach/Education of new/expanded services to generators Start December 2022 - complete October 2023 (dependent upon completion of Task 3) Task 6: Waiver program implementation Date to be completed: 7/1/2024 Task 7: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: 7/1/2024 Per #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City is unable to enforce the container labeling requirements. The timeline provided for the negotiations with the franchise hauler is a best estimate for completion of the entire process. The pending franchise agreement will incorporate the container labeling requirements of Section 18984.8. 14 CCR Section 18984.8 - Container Labeling Requirements #6: The City's franchise hauler is currently required to place labels on each container or lid provided to generators specifying materials allowed to be placed in each container however, the current labeling requirements do not meet the requirements of Section 18984.8 without the appropriate images and does not specify the prohibited container materials.
Information regarding the jurisdiction waiver programs will be included in the Implementation Record after program implementation.
The City's Municipal Code has been revised to include the SB 1383 requirements. Language has been included in the ordinance to give the authority for the jurisdiction to issue waivers as prescribed in Section 18984.11. As part of the City's franchise agreement negotiations, mandatory collection services and waiver program assistance will be established through the franchise agreement. The timeline provided for the negotiations with the franchise hauler is a best estimate for completion of the entire process. The City will begin implementation of SB 1383 waiver programs once the hauler franchise agreement is finalized and adopted by the City Council.
Explanation:
Explanation:
Explanation:
14 CCR Section 18984.11 - Waivers Granted by a Jurisdiction #7: The City has not implemented waivers to generators granted by a jurisdiction, as this will be dependent on imposition of mandatory service, approval of the pending franchise agreement by the City Council, and development of a compliant program. #8: The City has not implemented all recordkeeping requirements for waivers and exemptions as the City has not yet implemented SB 1383 waivers, as described in #8. 14 CCR Section 18984.14 - Recordkeeping Requirements for Waivers and Exemptions 2/9/2022 3 City of Fullerton
CITY OF FULLERTON
Action: Proposed Schedule:
Completed Outreach: Distribute required general education and outreach materials related to SB 1383 not specific to organic waste collection services Complete
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Outreach/Education of new/expanded services to generators Start December 2022 - complete October 2023 (dependent upon completion of Task 3) Task 5: Rollout of education and outreach material to generators for area specific organic waste collection services Date to be completed: 1/1/2024
Action: Proposed Schedule:
Completed Outreach: Distribute required general education and outreach materials related to SB 1383 not specific to organic waste collection services Complete
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Outreach/Education of new/expanded services to generators Start December 2022 - complete October 2023 (dependent upon completion of Task 3) Task 5: Rollout of education and outreach material to generators for area specific organic waste collection services Date to be completed: 1/1/2024
Task 6: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: 1/1/2024 #9: The City has not provided organic waste recovery education and outreach to all generators provided with organic waste collection service prior to February 1, 2022, as City will not be providing SB 1383 prescribed organic waste collection services by February 1, 2022. 14 CCR Section 18985.3 - Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements 14 CCR Section 18985.1 - Organic Waste Recovery Education and Outreach Explanation:
Per #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City is unable to provide the organic waste collection services prescribed by Sections 18984.1, 18984.2, or 18984.3. The City has already provided the information prescribed in Section 18985.1(a)(1)-(7) that is not specific to collection services to City generators (based on current contracting arrangements).
Education and outreach is planned to be provided through both print and electronic media. #10: The City has not yet implemented recordkeeping requirements for organic waste recovery education and outreach as the City has not yet implemented mandatory organic waste collection services.
Explanation:
Information regarding the jurisdiction education and outreach efforts will be included in the Implementation Record after program implementation. 2/9/2022 4 City of Fullerton
CITY OF FULLERTON
Action: Proposed Schedule:
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Include prescribed recordkeeping requirements in Implementation Record Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Action: Proposed Schedule:
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Implementation of edible food recovery program Date to be completed: 1/1/2024 Action: Proposed Schedule:
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Implementation of edible food recovery program Date to be completed: 1/1/2024 Explanation:
#11: The City has not implemented recordkeeping requirements for compliance with jurisdiction's hauler programs as the City does not have a franchise hauler agreement that requires compliance with Title 14, Division 7, Chapter 12.
Explanation:
Information regarding the jurisdiction hauler programs will be included in the Implementation Record after program implementation.
Per #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City is unable to require the franchise hauler to subcontract the edible food recovery program to Abound Food Care for the City to comply with all of the remaining requirements in Section 18991.1. The timeline provided for the negotiations with the franchise hauler is a best estimate for completion of the entire process.
#13: The City has not implemented the recordkeeping requirements for the edible food recovery programs required in Section 18991.2 as the City plans to use the franchised hauler to delegate aspects of this requirement.
14 CCR Section 18991.2 - Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program The City responed to the County's survey to assist with edible food capacity planning and the response will be included in the implementation record. Per #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City is unable to require the franchise hauler to subcontract the edible food recovery program to Abound Food Care for the City to comply with all of the recordkeeping requirements in Section 18991.2.
Explanation:
14 CCR Section 18991.1 - Jurisdiction Edible Food Recovery Program #12: The City has not implemented all of the edible food recovery programs required in Section 18991.1 as the City plans to use the franchised hauler to delegate aspects of these requirements.
The City has responded to the County's survey to assist with edible food capacity planning. 14 CCR Section 18988.4 - Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program 2/9/2022 5 City of Fullerton
CITY OF FULLERTON
Action: Proposed Schedule:
Task 1: The City will coordinate with future landscaping contractors to procure recovered organic compost and mulch for use at City facilities and green spaces. Start 4/30/2022 (Note: this will be ongoing per SB 1383 requirements) Task 2: The City will coordinate with its franchise waste hauler to provide recovered organic compost and/or mulch giveaway events to the community. Start 4/30/2022 (Note: this will be ongoing per SB 1383 requirements) Task 3: The City will also seek to procure a combination of renewable gas or electricity from biomass conversion from direct service providers. Start 4/30/2022 (Note: this will be ongoing per SB 1383 requirements) Task 4: The City will work to include remaining procurement tons in the negotiated agreement with the hauler per #1. Date to be completed: 7/1/2023
Action: Proposed Schedule:
Task 1: City will begin process of keeping records of any recovered organic waste product it procures to meet recordkeeping requirements.
Start 3/1/2022 (Note: this will be ongoing per SB 1383 requirements) Task 2: The City will work with future landscapers to obtain records of recovered organic compost and/or mulch distributed in the City.
Start 3/1/2022 (Note: this will be ongoing per SB 1383 requirements) Task 3: The City will work with any direct service providers of renewable gas or electricity from biomass conversion to obtain any relevant records.
Start 3/1/2022 (Note: this will be ongoing per SB 1383 requirements) Task 4: The City will work to include relevant records in its Implementation Plan and recordkeeping requirements.
Start 3/1/2022 (Note: this will be ongoing per SB 1383 requirements) Explanation:
The City will include in its records the name, location, and contact information of each entity or facility from whom the recovered organic waste products were procured, and a general description of how the product was used, and if applicable, where the product was applied. Records will also include any copies of invoices or similar records evidencing all procurement.
Regulatory Requirement: 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target #14: Not meeting the allocated recovered organic waste product procurement target.
Explanation:
The City will seek to annually procure the quantity of recovered organic waste products that meets or exceeds its current annual recovered organic waste product procurement target. The City plans to provide a combination of recovered organic compost and mulch for use at City facilities and green spaces through procurement as the City does not currently utilize the material for City green spaces, medians or City facilities. In addition, the City will coordinate with its franchise waste hauler to provide recovered organic compost and/or mulch giveaway events to the community.
Regulatory Requirement: 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target #15: Not implementing recordkeeping requirements for recovered organic waste procurement target. 2/9/2022 6 City of Fullerton
CITY OF FULLERTON
Action: Proposed Schedule:
Task 1: Staff Draft Revised Purchasing Policy Date to be completed: April 1, 2022 Task 2: Purchasing Staff review Revised Purchasing Policy Date to be completed: May 1, 2022 Task 3: City Attorney review Revised Purchasing Policy Date to be completed: August 1, 2022 Task 4: Seek internal administrative approval or Council approval of EPPP Date to be completed: 1/1/2023 Task 5: Identify and contact City vendors impacted by EPPP Start January 2023 - Complete June 30, 2023 Action: Proposed Schedule:
Task 1: Staff Draft Revised Purchasing Policy Date to be completed: April 1, 2022 Task 2: Purchasing Staff review Revised Purchasing Policy Date to be completed: May 1, 2022 Task 3: City Attorney review Revised Purchasing Policy Date to be completed: August 1, 2022 Task 4: Seek internal administrative approval or Council of EPPP Date to be completed: 1/1/2023 Task 5: Identify and contact City vendors impacted by EPPP Start January 2023 - Complete June 30, 2023 Task 6: Confirm City purchasing recordkeeping requirements are in alignment with Section 18993.4 Date to be complete: June 30, 2023 Task 7: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: 7/1/2023 Explanation:
#16: The City currently has an Environmentally Preferable purchasing policy. However, the EPPP will be updated to include further the requirements of SB 1383. 14 CCR Section 18993.3 - Recycled Content Paper Procurement Requirements City Public Works Staff has begun the process of reviewing the City's procurement policy to address the requirements in SB 1383. A draft will been created and will be provided to the various City Departments requiring input with the intent of seeking internal administrative approval by January 1, 2023. Purchasing will identify and contact current City vendors that will be impacted by SB 1383 following board approval.
Purchasing will work with each vendor to classify products to meet the SB 1383 standards. Purchasing intends to have a complete list of all products that need to be replaced by City vendors and will begin implementation of exchange of products or having documentation providing an explanation of non-compliance by June 30, 2023. 14 CCR Section 18993.4 - Recordkeeping Requirements for Recycled Content Paper Procurement #17: The City currently has an Environmentally Preferable purchasing policy that needs to be updated for compliance with SB 1383. The current policy does not include requirements or protocols for recordkeeping.
Explanation:
See above section for details related to updating the City's purchasing policy. 2/9/2022 7 City of Fullerton
CITY OF FULLERTON
Action: Proposed Schedule:
Task 1: Develop City inspection and enforcement program Date to be completed: 7/1/2023 Task 2: Begin annual compliance review program Date to begin: 7/1/2023 Task 3: Implement fines Beginning: 1/1/2024 in alignment with ordinance Action: Proposed Schedule:
Task 1: Conclude on-going negotiations with franchise haulers (began negotiations in 2021) Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing Start January 2023 - complete April 2023 (4 months pending completion of Task 1) Task 3: Seek City Council approval of franchise agreement Anticipated completion date: 7/1/2023 agreement effective date (dependent upon completion of Task 2)
Task 4: Outreach/Education of new/expanded services to generators Date to be completed: 1/1/2024 Task 5: Roll-out of containers by haulers Date to be completed: 1/1/2024 Task 6: Begin route review and inspection programs Date to be completed: 7/1/2023 Task 7: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: 1/1/2024 14 CCR Section 18995.1 - Jurisdiction Inspection Requirements Per #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City lacks the authority to require that franchise hauler provide all of the required reporting information. Furthermore, some of the information may not be available until program implementation is completed congruent with the timelines described in this document.
Explanation:
#19: The City is not currently maintaining all records required by Title 14, Division 7, Chapter 12 in an implementation record. 14 CCR Section 18995.2 - Implementation Record and Recordkeeping Requirements Explanation:
Per #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City will only be able to inspect some generators or violations until the hauler provides organic waste collection services to all generators. Compliance reviews will commence upon agreement or hiring of an enforcement designee for applicable SB 1383-violations until the negotiated agreement goes into effect at which time all reviews will be provided.
#18: City does not have a compliance review program to ensure compliance with Section 18995.1(a)(1)(A) and (B). 2/9/2022 8 City of Fullerton