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CITY OF REDONDO BREACH
RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT POLICY
EFFECTIVE DATE: November 1, 2022
SECTION 1. PURPOSE
The purpose of this Policy is to protect and conserve natural resources, water and energy; minimize the City’s contribution to climate change, pollution, and solid waste disposal by incorporating recovered organic waste products and recycled-content into the procurement and purchasing practices of the City of Redondo Beach.
This Policy is intended to comply with State requirements set forth in the SB 1383 Regulations (as defined below) that require the City to procure a specified amount of recovered organic waste products to support organic waste disposal reduction targets and markets for products made from recycled and recovered organic waste materials and to purchase recycled-content paper and recycled-content printing and writing paper. This Policy shall be construed and implemented in a manner consistent with that intent.
SECTION 2. DEFINITIONS
Terms and phrases used in this Policy shall have the meanings found (in order of precedence) the SB 1383 Regulations, Section 5-2.801 of the Municipal Code, and this Section.
A. “Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the City is required to procure annually as determined by CalRecycle, pursuant to 14 CCR Section 18993.1.
B. “Direct Service Provider” means a person, company, agency, district, or other entity that provides a service or services to the City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
C. “Eligible Compost” means the product resulting from the controlled biological decomposition of organic solid waste that is source separated from the municipal solid waste stream or which is separated at a centralized facility that, pursuant to 14 CCR Section 18993.1(f)(1), is either produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7 and meets the State’s composting operations regulatory requirements and any applicable limitations of Public Contract Code Section 22150.
D. “Eligible Electricity” means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity and that receives its feedstock directly from one or more of facilities specified in 14 CCR Section 18993.1(i).
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E. “Eligible Mulch” means mulch that meets the following requirements for the duration of the applicable procurement compliance year:
1 It has been produced at any of the following types of facilities:
a. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);
b. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or, c. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
2 It meets or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1–3, as enforced pursuant to the Municipal Code.
F. “Eligible Renewable Gas” means gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62), and is used for fuel for transportation, electricity or heating applications, and, if procured from a POTW, meets all of the conditions set out in 14 CCR Section 18993.1(h) for the applicable Procurement compliance year.
G. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).
H. “Publicly-Owned Treatment Works” or “POTW” has the same meaning as in Section 403.3(r) of Title 40 of the Code of Federal Regulations.
I. “Recordkeeper” means the City Manager or such person designated by the City Manager for the purpose of tracking procurement and maintaining records of Recovered Organic Waste Product procurement efforts both by the City and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.
J. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
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K. “Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.
SECTION 3. PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCTS A. Annual Procurement Target. The City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets are exceeds its Annual Recovered Organic Waste Product Procurement Target through direct procurement or through its Direct Service Providers and vendors. City contracts, agreements, purchase orders, for or including the procurement of Recovered Organic Waste Products by or through a Direct Service Provider will therefore:
1 Include or expressly reference the definitions and specifications for Eligible Mulch, Eligible Compost, Eligible Renewable Gas, and Eligible Electricity; as applicable.
2 Include express remedies or penalties (e.g., termination, liquidated damages) in the event the Direct Service Provider does not comply with the City’s Recovered Organic Waste Products requirements or this Policy.
The City will identify additional procurement opportunities within the City's departments for expanding the use of Recovered Organic Waste Products pursuant to 14 CCR Section 18993.1(k) to assist in compliance with this Policy.
B. Eligible Products. The following products are eligible to meet the Annual Recovered Organic Waste Product Procurement Target, whether procured directly by the City or through a Direct Service Provider: Eligible Compost, Eligible Mulch, Eligible Electricity, and Eligible Renewable Gas (in the form of transportation fuel, electricity, or heat).
C. Eligible Compost and Eligible Mulch. City Departments and divisions and Direct Service Providers shall use Eligible Compost and Eligible Mulch for landscaping maintenance, renovation, or construction when it is practicable, available, and capable of meeting the City’s requirements; and must also comply with the City’s Water Efficient Landscaping Ordinance (WELO), Municipal Code Sections 10-
2.1900(f) and 10-5.1900(f), if applicable under the circumstances.
The City may require Direct Service Providers of Organic Waste collection services to provide a specified quantity of Eligible Compost or Eligible Mulch to the City and its customers via periodic “giveaways” as specified in the applicable franchise agreement or other agreement.
D. Eligible Electricity and Eligible Renewable Gas. City Departments and divisions will procure Eligible Electricity and Eligible Renewable Gas when it is available and appropriate for the City’s use.
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The City may require Direct Service Providers who transport solid waste, Organic Waste, and/or recyclable materials to procure a percentage of their fuel as Eligible Renewable Gas pursuant to a City permit or license or a written agreement, or written contract with the City.
City RFPs and RFQs for contractors that procure fuel in the course of their services to the City shall include a price preference to Direct Service Providers that propose to use an amount or percentage of Eligible Renewable Gas specified in the RFP or RFQ. Such use, if it occurs, shall be documented in a written contract or agreement.
SECTION 4. PROCUREMENT OF RECYCLED-CONTENT PAPER
A. City Requirements. Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper shall be purchased whenever it is equal to non-recycled items in fitness and quality and available at the same or a lesser total cost.
B. Vendor Requirements. The City will require vendors who provide Paper Products (e.g., janitorial supplies) or Printing and Writing Paper to do all of the following:
1 Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper whenever it is equal to non-recycled items in fitness and quality and available at the same or a lesser total cost. 2 Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City unless the percentage(s) can be verified by a product label, invoice, or the manufacturer’s or vendor’s marketing materials.
3 Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
4 Provide the City copies a dated invoice or similar evidence of purchase and the quantity or material purchased describing the Paper Products and Printing and Writing Paper by volume and type.
5 If non-recycled items are provided, the vender shall also provide a written explanation why Recycled-Content Paper Products and/or RecycledContent Printing and Writing Paper were not provided.
C. Printing Services. Pursuant to Public Contract Code Section 22153, all vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.
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SECTION 5. PROCUREMENT RECORDS
A. Records Required for all Recovered Organic Waste Product Procurements.
City Departments and divisions, and all Director Service Providers, will keep or provide copies of the following records regarding any procurement subject to this Policy.
1 The type(s) of material procured.
2 The name, physical location, and contact information for each entity, operation, or facility from whom the materials were procured. 3 A general description of how and where the materials was used and, if applicable, applied.
4 A dated invoice or other record demonstrating purchase or procurement of the material.
The City will require Direct Service Providers to provide copies of all required records either upon completion of their project or work for the City or as requested by the Recordkeeper.
B. Additional Records Required for Eligible Compost and Mulch Procurements. 1 The dates and amounts of any giveaway or distribution to residents. 2 A copy of the contract, agreement, purchase order, ordinance or policy that requires the Direct Service Provider’s compliance with 14 CCR Section 18993.1(4).
C. Certification Required for Eligible Renewable Gas Procured from a POTW.
The City will require POTWs to annually certify the all of the following for each applicable compliance year: (1) compliance with 14 CCR Section 17896.6(a)(1), the total tons of Organic Waste it received from facilities listed in 14 CCR Section 18993.1(h)(1), and the percentage of bio solids it disposed of in landfills. The certification must be in writing and signed by the POTW’s authorized representative under penalty of perjury.
D. Certification Required for Eligible Electricity procurements. The City will require biomass conversion facilities to annually certify for each applicable compliance year that the biomass feedstock came from a permitted solid waste facility identified in 14 CCR Section 18993.1(i). The certification must be in writing and shall be signed by the biomass conversion facility’s authorized representative under penalty of perjury.
E. Records Required for all Paper and Printing and Writing Procurements. City Departments and divisions, and all vendors, will keep or provide copies of the -6-
following records regarding any Paper and Printing and Writing procurements subject to this Policy.
1. Vendor name;
2. Purchaser name;
3. All written certifications, invoices and, if applicable, explanations for why recycled-content materials were not provided required pursuant to Section
4.B of this policy.
4. Recycled content (including products that contain none).
The City will require vendors to provide copies of all required records either upon completion of their project or work for the City or as requested by the Recordkeeper.
F. Recordkeeper’s Responsibilities
1. The Recordkeeper will be responsible for collecting and maintaining all records he or she deems necessary or convenient for documenting the City’s compliance with the procurement requirements of SB 1383 Regulations and this Policy, including but not limited to all documentation proving purchase of Recovered Organic Waste Products and RecycledContent Paper Products and Recycled-Content Printing and Writing Papers, all required certifications and all documentation submitted by City Departments and divisions, Direct Service Providers, and/or vendors in accordance with this Policy, . The Recordkeeper may establish a schedule and deadlines for all City Departments, Direct Service Providers, and vendors to submit any such records to the City.
2. The Recordkeeper shall prepare an annual report on the City’s compliance with the procurement requirements of SB 1383 Regulations that includes at a minimum, (a) the amount of Recovered Organic Waste procured directly by the City and through Direct Service Providers and vendors during the prior calendar year, (b) all records collected and maintained pursuant to Section F.1 of this policy, and (c) a description of how the City will comply and is complying with the Procurement requirements of 14 CCR Division 7, Chapter 12, Article 12. The annual report will be shared with the City Council and included in the City’s annual reporting to CalRecycle pursuant to the SB 1383 Regulations.