ITEM NO. 1
COUNCIL SPECIAL MEETING
AGENDA ITEM
OCTOBER 25, 2022
PREPARED BY: Brad Kilger, Interim City Manager
Josh Nelson, City Attorney’s Office
SUBJECT: Study Session to Receive City Council Direction on Implementation of SB 1383 Waiver (Short-Lived Climate Pollutant Reduction Strategy)
BACKGROUND
In 2016, then Governor Jerry Brown signed SB 1383 into law. The legislation requires a 50% reduction from 2014 levels in organic waste going to California landfills by 2020 and a 75% reduction by 2025. It also requires that by 2025 at least 20 percent of edible food currently sent to landfills instead go for human consumption. The law directs CalRecycle to adopt regulations designed to achieve these targets, reduce methane emissions and support the state’s climate change goals.
To achieve these targets, the State required all types of organic waste generators — residences, businesses and local, state and federal government entities —to actively participate in organic material collection and food recovery programs. Jurisdictions must adopt enforceable ordinances to ensure that all residential and commercial generators are compliant. CalRecycle can assess penalties for noncompliance beginning in 2022. Local jurisdictions must enforce the regulations on customers beginning in 2024.
On June 7, 2022 the City Council conducted a second reading and approved an ordinance amending Chapter 11-3 of the Gustine Municipal Code Relating to Solid Waste implementing the provisions of SB 1383. The ordinance required all residents and businesses to subscribe to organic waste collection services. As part of the new franchise agreement with Mid Valley Disposal, the City transitioned to a three-cart system where food waste is commingled with green waste in a green cart. The ordinance also required education and outreach to individuals and businesses who generate waste on how they can properly sort materials for collection, the implementation of an edible food recovery program, inspections to ensure compliance with the SB 1383 regulations, and enforcement for non-compliance with the SB 1383 regulations.
The new law also included provisions for jurisdictions to request a waiver from some of the requirements of SB 1383, specifically Title 14, Section 18984 – Combined Organic Waste Collection Services of the California Code of Regulations (CCR). The waiver category applicable to Gustine was for “low population” jurisdictions, defined as those with fewer than 7,500 residents that also generate less than 5,000 tons of waste annually. Gustine met both of those requirements and contacted CalRecycle in the fall of 2021 seeking the waiver.
At the time, CalRecycle informed City staff that Gustine did not qualify for a waiver based on a technicality. Under the State rules, CalRecycle used historical data from 2014 as reported in the CalRecycle Disposal Reporting System for verifying annual waste tonnage eligibility. The Merced County Regional Waste Management Authority, which reports data to that system on behalf of all jurisdictions in Merced County, only reported in 2014 the total generation within the County, not totals for each individual jurisdiction within the County. Though City offered to provide proof of the individual 2014 tonnage for Gustine, CalRecycle refused to accept that verification because the data was not specifically reported in the 2014 CalRecycle data system as required. Following denial of the waiver option, the City was forced to implement the new recycling regulations.
In late August, CalRecycle contacted City staff, stating that the agency decided to reconsider its prior rejection of the Gustine request for a waiver of SB 1383. CalRecycle did not elaborate on why it decided to accept the Gustine 2014 tonnage figures outside of its historical reporting system, but CalRecycle allowed numerous other low population cities to submit waivers as well. Gustine staff quickly submitted its waiver request.
CalRecycle notified the City on October 4, 2022 that the State accepted the Gustine Waiver—leaving the City without additional guidance beyond that. The waiver does not eliminate all recycling requirements. Prior to SB 1383, the State adopted other related laws including AB 341 and AB 1826, which imposed mandatory organic and inorganic recycling for commercial enterprises. Additionally, the waiver has a limited lifespan of five years—unless the State allows extensions, which is not guaranteed. The State has communicated very clearly that it ultimately intends to require all jurisdictions to comply with requirements of SB 1383 in the future.
DISCUSSION
The City’s new SB 1383 waiver will increase the City’s flexibility and discretion regarding solid waste collection. Specifically, the City is no longer required to comply with the recordkeeping, monitoring, and enforcement requirements of SB 1383. In addition, the City is not required to provide SB 1383-compliant collection programs for residential and commercial customers. Some commercial customers will still need to receive recycling and organic waste services under prior laws (AB 341 and AB 1826).
Even if the City is not required to continue with some collection programs, it may wish to do so. While Mid Valley will provide more information at the meeting, preliminary discussions indicate that there would not be cost savings with modifying the singlefamily residential collection program. For example, one benefit of a blue cart is that the cost of processing and disposing of any residual material in that cart is lower than landfilling the material. Removing this cart could increase costs. Based on this, if these programs are no longer required, the Council may wish to keep them in place. These options will be discussed and direction provided to staff at the meeting.
Lastly, there are some SB 1383 programs that remain in effect, even with the waiver. For example, the City must still comply with the edible food and procurement requirements.
Staff will ensure the City continues to comply with these mandates.
At the study session, Mid Valley Disposal will present an overview of the City’s current solid waste and organic recycling program. Staff will then provide an outline of the Section 18984 regulations waived under the waiver granted by CalRecycle. After responding to Council questions and receiving public comment staff will be seeking direction from City Council regarding which components of the City’s current recycling program that it wishes to retain or remove per the waiver. Depending on the direction of Council, amendments to the City’s solid waste ordinance or the franchise agreement with Mid Valley Disposal may be required. If so staff will return at a future meeting with those amendments.
FISCAL IMPACT
There is no direct fiscal impact from this item.
RECOMMENDATION
That the City Council provide direction on the implementation of the CalRecycle SB 1383 waiver for the City of Gustine.
EXHIBIT(S)
A) CalRecycle SB 1383 Waiver Approval
B) CCR, Title 14, Section 18984 – Combined Organic Waste Collection Services APPROVED BY:
Brad Kilger, Interim City Manager