Agenda Report
Fullerton City Council
MEETING DATE: OCTOBER 1, 2024
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: STEPHEN BISE, PUBLIC WORKS DIRECTOR
PREPARED BY: JEROME JOAQUIN, PUBLIC WORKS ADMINSTRATIVE MANAGER
MICHELLE DURON, SOLID WASTE AND RECYCLING SPECIALIST
SUBJECT: SENATE BILL 1383 – WASTE REDUCTION LEGISLATION IMPLEMENTATION
SUMMARY
Staff introduces Senate Bill 1383, California's Short-Lived Climate Pollutant Reduction Strategy, and provides update regarding legislation implementation.
PROPOSED MOTION
Receive and file.
ALTERNATIVE OPTIONS
Approve the Proposed Motion
Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
No action is required. This is an update on SB 1383 status based on City Council request for a presentation.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Fiscal and Organizational Stability.
FISCAL IMPACT
This item has no fiscal impact.
BACKGROUND AND DISCUSSION
Senate Bill 1383 (SB 1383), passed in 2016, provides landmark environmental legislation to reduce short-lived climate pollutants (SLCPs) in California, focusing on methane, a potent greenhouse gas emitted in large quantities from organic waste decomposing in landfills. SB 1383 sets the most significant waste reduction mandate in California over the past 30 years with ambitious goals to combat climate change and its adverse effects. The bill requires a 75% organic waste disposal reduction and a 20% edible food waste recovery by 2025. The City submitted a Notification of Intent to Comply with CalRecycle. CalRecycle granted the Notification and provided a Corrective Action Plan (CAP) listing all compliance tasks to the City. The City has completed 60 of 73 tasks on the CAP and continues working toward full compliance.
The following summarizes critical SB 1383 components which form the framework for implementation and the City’s progress:
Organics Collection Services to All Residents and Businesses SB 1383 requires local jurisdictions to provide organics collection services to all residents and businesses. Organic waste includes food scraps, yard trimmings and other biodegradable materials. SB 1383 requires cities and counties implement a three-bin collection system or other methods to divert organic waste from landfills. This universal collection service represents a crucial component toward achieving 75% organic waste reduction by ensuring households and businesses separate organic materials from general waste. Local governments must make these services accessible, convenient and cost-effective to encourage widespread participation.
Implementing this aspect of SB 1383 heavily depends on the City solid waste franchise hauler, Republic Services. The City and Republic Services are amending their contract to comply with new collection service regulations. The City has replaced all waste bins at City Hall, the Fullerton Library and the Maintenance Services Yard with 65 three-stream waste collection hubs, funded through the City / County Beverage Container Grant and SB 1383 Grant Funds.
Staff will extend the roll-out to other City facilities including the Police Department, Fire Stations and park facilities. Implementing the new waste bins presented challenges, particularly as staff adjusted to sorting waste appropriately. Staff provided comprehensive educational materials before the roll-out to support the transition and will provide additional outreach efforts, including further educational content and waste-sorting demonstrations to clarify recycling practices and promote compliance.
Edible Food Recovery Program
SB 1383 emphasizes food recovery, aiming to reduce food waste and address food insecurity. The legislation requires recovering 20% of edible food that users would otherwise discard and redirecting to feed people in need by 2025 by establishing edible food recovery programs that involve partnerships between food generators (such as grocery stores, restaurants and large institutions) and food recovery organizations such as food banks. SB 1383 outlines two tiers of edible food generators like supermarkets and distributors required to comply by 2022 and smaller entities like restaurants required to comply by 2024. This initiative helps combat hunger and plays a role in reducing methane emissions from organic waste decomposing in landfills.
Staff identified food generators within the City and categorizing them as Tier 1 and Tier 2. Tier 1 food generators include high-volume sources of excess food such as wholesale food vendors, distributors, food service providers and grocery stores. Tier 2 food generators include restaurants, hospitals and large venues. Staff has communicated with these generators and food recovery organizations through notifications and surveys.
Staff is exploring a partnership with Abound Food Care, a nonprofit organization that eliminates food waste and establishes food security that could assist with implementing an edible food recovery program for the City.
Community Education and Outreach
Successful SB 1383 implementation requires education and outreach. Local jurisdictions must conduct public outreach campaigns to inform residents and businesses about the importance of organic waste diversion, edible food recovery programs and proper waste sorting. These campaigns promote behavior change, ensuring new collection service and food recovery requirements compliance. Effective outreach includes educational materials, workshops and community engagement through digital platforms and partnerships with local organizations. Jurisdictions can ensure higher participation rates and successful long-term SB 1383 compliance by raising awareness.
Staff undertook significant public education and outreach efforts regarding SB 1383 requirements, updating information on the City’s website to reflect the new regulations. Staff also participated in numerous community events to engage with residents, including City Hall On-the-Go, Fullerton Night Market, Love Fullerton and various school events. The City utilized SB 1383 grant funds to retain EcoHero, an outreach consultant providing educational entertainment to elementary schools. EcoHero has conducted 18 presentations at ten elementary schools in the City with additional presentations scheduled for Fall 2024 at schools that have not yet received a presentation.
Staff plans to host more community workshops in the City to further educate residents about the SB 1383 requirements.
Recycled and Recovered Organic Products Procurement
SB 1383 includes procurement requirements for jurisdictions to stimulate recycled organic products market. Local governments must purchase recycled organic products, such as compost, mulch and renewable natural gas (RNG) derived from organic waste, based on a procurement target determined by population size. This component creates a sustainable organic waste product market and ensures cities effectively utilize materials collected through organics recycling programs. Jurisdictions help close the loop in the waste cycle by integrating recycled organics into projects, parks and landscaping and reduce their operational environmental footprint.
SB 1383 requires the City to align purchasing practices with environmentally preferable standards including compliant paper product procurement. The City revised its Environmental Purchasing Policy to ensure all paper products comply with SB 1383 regulations, emphasizing recycled content and sustainability. The Purchasing Division, collaborating with various vendors, developed a recycled paper purchasing program. Staff organized workshops and engaged with departments to ensure city-wide compliance with this new initiative.
The City will address the Recycled Organic Waste Product Procurement requirement by acquiring compost credits through Zero Foodprint to meet SB 1383 compliance targets. The City achieved the calendar year 2023 goal and will finalize agreements for 2024 and 2025. Zero Foodprint coordinates and transports compost materials to farmers and ranchers across California with funding from SB 1383 grants. This partnership enables the City to obtain compost credits to fulfill procurement targets while promoting regenerative food practices within California's agricultural sector. All jurisdictions statewide must meet this annual procurement target.
The City organizes community compost giveaways, offering residents access to high-quality compost for gardening and landscaping. Staff plans to expand the successful compost pile program in summer 2025. These initiatives play crucial roles in complying with legislative mandates and fostering community involvement in sustainable practices.
Access to Recycling and Edible Food Recovery Capacity
County jurisdictions must have sufficient infrastructure to process organic waste and recover edible food to meet SB 1383 goals including expanding composting facilities, anaerobic digesters and food recovery operations. SB 1383 encourages local governments to assess their recycling and food recovery capacity and, if necessary, develop partnerships with other regional facilities to handle the increased volume of organic materials. Jurisdictions must have access to adequate infrastructure to prevent disposing organic waste in landfills and ensure compliance with the law. Additionally, jurisdictions must coordinate with food recovery organizations to divert edible food to those in need.
The City communicates with various food recovery facilities within the county to acquire information related to food recovery and capacity planning.
Compliance and Enforcement
SB 1383 includes strict compliance and enforcement provisions to ensure jurisdictions meet waste diversion and food recovery targets. Local governments must monitor compliance, implement enforcement programs and issue penalties for violations starting in 2022. CalRecycle, the state agency overseeing the program, has authority to audit jurisdictions and impose fines up to $10,000 per day for non-compliance. This rigorous enforcement framework holds jurisdictions accountable for meeting targets and incentivizes timely and effective action. Local governments must maintain records of compliance efforts and submit annual reports to demonstrate compliance in addition to enforcing waste diversion requirements.
Staff completed enforcement certification to gain authority to administratively cite individuals and entities that fail to comply with SB 1383 organics collection services to all residents and businesses. Staff will enforce these requirements under SB 1383 through the updated Republic Services contract. Additionally, staff developed an enforcement protocol, prioritizing community education and outreach regarding regulations to ensure the City provides information in multiple languages, allowing for a comprehensive understanding before issuing citations which aligns with the City commitment to transparent and inclusive communication and enhances compliance through informed community participation.
Senate Bill 1383 represents a comprehensive approach to reducing organic waste, addressing food insecurity and cutting methane emissions. The six key components of the legislation — organics collection services, edible food recovery programs, education and outreach, recycled organics procurement, recycling and food recovery capacity and compliance and enforcement —form a framework that drives California towards a more sustainable future. Local jurisdictions play a crucial role in implementing these measures. The successful execution of SB 1383 will have long-lasting benefits for both the environment and communities across the state.
Attachments:
Attachment 1 – SB 1383 Presentation
cc: City Manager Eric J. Levitt
SB 1383 – Waste Reduction Legislation Implementation
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