City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: February 15, 2022
ITEM NO: 5.11
SUBJECT: Approve Resolution No. 2022-06, Authorizing Staff to Submit to CalRecycle a Notification of Intent to Comply with SB 1383 Regulations.
RECOMMENDATION
Motion to Approve Resolution No. 2022-06, Authorizing Staff to Submit to CalRecycle a Notification of Intent to Comply with SB 1383 Regulations.
BACKGROUND
Jurisdictions are required to implement SB 1383 starting on January 1, 2022. As jurisdictions are preparing to implement the law, many local governments are facing challenges due to the COVID-19 pandemic. In response, Governor Newsom signed SB 619 (Laird, Chapter 508, Statutes of 2021) into law to support local governments as they design and implement successful organic waste recycling programs throughout the state. The law authorizes CalRecycle to waive civil penalties if a jurisdiction submits a Notification of Intent to Comply for some or all of the regulatory requirements and successfully implements a plan to correct their violations.
ANALYSIS
Jurisdictions that are unable to fully implement the regulations due to the COVID-19 pandemic, may submit to CalRecycle a Notification of Intent to Comply by March 1, 2022.
CalRecycle may waive administrative civil penalties for the violations if the local jurisdiction implements the actions proposed in the Notification. Even with an approved and submitted Notification of Intent to Comply, the City will still need to comply, but will have more time to complete all requirements. If a local jurisdiction fails to adhere to the proposed actions and schedule described in a Notification, then CalRecycle may revoke its approval and impose administrative civil penalties for violations.
FISCAL IMPACT
There will be no fiscal impact related to the submission of the Notice of Intent (NOI) to comply with SB 1383 regulations.