CITY OF POMONA
COUNCIL REPORT
February 7, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted by: Rene Guerrero, Public Works Director
SUBJECT: RESOLUTION ADOPTING NOTIFICATION OF INTENT TO COMPLY WITH SB 1383 REGULATIONS RECOMMENDATION:
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO. 2022-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING THE NOTIFICATION OF INTENT TO COMPLY WITH SB 1383 REGULATIONS EXECUTIVE SUMMARY: Approval of this Resolution (Attachment No. 1 and Exhibit A to the Resolution) will allow the City to submit its Notification of Intent to Comply with SB 1383 Regulations (NOIC) to the California Department of Resources, Recycling, and Recovery (CalRecycle). If, after this Resolution is adopted and the NOIC is approved by CalRecycle, the City will be granted additional time, until January 1, 2023, to attain full compliance with SB 1383 organic waste recycling regulations.
FISCAL IMPACT: Adoption of this Resolution and submittal of the NOIC to CalRecycle will potentially prevent any penalties associated with non-compliance with SB 1383 regulations, which may amount to up to $10,000 per day.
PREVIOUS RELATED ACTION: None.
DISCUSSION: Organic waste comprises two-thirds of the state’s waste stream, and food waste alone is the largest waste stream in California. SB 1383 is the most significant waste reduction mandate to be adopted in California in the last 30 years. The mandate requires the state to reduce organic waste (i.e. food waste, green waste, paper products, etc.) disposal by 50% by 2020 and 75% by 2025, resulting in a reduction of more than 20 million tons annually by 2025. The law also requires the state to increase edible food recovery by 20% by 2025. This law has significant policy and legal implications for state and local governments.
SB 1383 regulations became enforceable on January 1, 2022, and the law requires that jurisdictions have their programs in place to implement SB 1383 by said date. Like most regulatory enforcement programs, the enforcing agency, CalRecycle, has discretion in determining the level of penalty necessary to remedy any given violation, but can impose penalties of up to $10,000 per day against a jurisdiction if this law is not complied with. Demonstrated good faith efforts and progress towards compliance will likely result in fewer penalties.
A subsequent bill, SB 619, was passed in 2021 and allows local jurisdictions to seek relief from administrative civil penalties associated with SB 1383 if they have adopted their SB 1383 Ordinance and have a plan to attain compliance with SB 1383. In order to receive this relief, a local jurisdiction shall approve a resolution adopting the Notice of Intent to Comply with SB 1383 Regulations. Until revenues increase, either due to a rate increase, or from revenues derived from outsourcing its operation to an exclusive franchise hauler, the City is unable to comply fully with SB 1383 due to a lack of staffing because of insufficient funding. In the near term, the City is applying for funding from CalRecycle in an attempt to hire two staff members. The first proposed hire is at a Management Analyst level to handle the reporting requirements and assist in developing a food recovery program. In addition, the City will submit a request to fund an additional part-time position to assist with monitoring cans for contamination, and providing educational and outreach materials to residents. The application for the non-competitive grant will be submitted on February 1, and awards will be made by April. These positions will be proposed as part of the FY2022-23 budget process. Should rates be increased or additional revenue is received as a result of contracting with an exclusive franchise hauler, these positions would continue to be funded after the two-year grant period.
Prepared by:
Shandy Dittman
Public Works Fiscal and Project Manager
ATTACHMENT:
Attachment No. 1 – Resolution No. 2022-16
Attachment No. 2 – Exhibit A to the Resolution for Notice of Intent to Comply Resolution Adopting Notice of Intent to Comply with SB 1383 Regulations