Administrative
Report
H.12., File # 23-7104 Meeting Date: 11/7/2023
To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
APPROVE AN AGREEMENT WITH HF&H CONSULTANTS TO PERFORM A GAP ANALYSIS AND MAKE RECOMMENDATIONS RELATED TO THE CITY’S COMPLIANCE WITH CALRECYCLE SB1383 REQUIREMENTS FOR AN AMOUNT NOT TO EXCEED $46,000 PAID FOR BY
CALRECYCLE LOCAL ASSISTANCE GRANT FUNDS
EXECUTIVE SUMMARY
Senate Bill (SB) 1383 establishes statewide methane emissions reduction targets with the goal to reduce organic waste disposal in landfills by 75% and increase edible food recovery by 20% by 2025.
SB 1383 requires jurisdictions to provide services, develop programs, and conduct monitoring and enforcement to ensure all businesses, residents, and multi-family complexes have access to recycling and organics recovery programs that capture and divert food scraps, landscape waste, and other organic materials from landfills. The California Department of Resources Recycling and Recovery (CalRecycle) is the State oversight agency responsible for overseeing compliance with all requirements under SB1383.
Staff proposes engaging the services of HF&H Consultants (HF&H) to conduct a compliance analysis of existing services, programs, and program administration. The contract is to be funded by a SB1383 Local Assistance Grant administered by CalRecycle.
BACKGROUND
SB1383 establishes statewide methane emissions reduction targets. As part of the City’s response to this new regulation the City Council passed Ordinance No. 3223-21 Amending the Municipal Code for Mandatory Organics Waste Disposal on December 14, 2021. Additionally, the City introduced organics collection at residential, multi-family, and commercial locations in the City through the City’s hauler, Athens Services, in January 2022.
The requirements of SB1383 include the delivery of services to ensure that all business, multi-family units, and residents have access to organics recovery programs that capture and divert food scraps, landscape waste, and other organic materials away from landfills. The regulations go beyond that and also include monitoring, enforcement, education and outreach, edible food recovery, and the procurement of recycled materials.
Given the evolving legislation and requirements associated with organic waste at the State level, it is critical that the City monitor the services and programs to determine if all related contract and legislation obligations are being meet. CalRecycle has made funding available for jurisdictions,
H.12., File # 23-7104 Meeting Date: 11/7/2023
legislation obligations are being meet. CalRecycle has made funding available for jurisdictions, through the SB1383 Local Assistance Grant to conduct thorough reviews of existing organics programs and operations in an effort to improve implementation and assist with overall compliance.
As noted on the CalRecycle website, “Every department within a jurisdiction will be affected by the implementation of SB1383 and will have a role to play. Staff in every department will need to understand how SB1383 impacts their work, and implementation may require adding staff or contracting with other entities, such as environmental health inspectors or consultants. Jurisdictions may need to increase funding and staffing resources across multiple departments and divisions to support their respective roles in implementing and maintaining SB1383 compliant programs.
Jurisdictions are responsible for coordinating with city and county planners, waste haulers, waste processing facilities, recyclers, commercial businesses, residents, and edible food recovery organizations.” (<https://calrecycle.ca.gov/organics/slcp/electedofficials/>) SB1383 is a shared responsibility bill with jurisdictions, organic waste and edible food generators, facilities, and haulers all subject to penalties for non-compliance. Timelines of the implementation of SB1383 have been adjusted but, as CalRecycle moves from the education phase to the enforcement phase, City staff recommends conducting this gap analysis to determine where additional focus and resources are required to ensure City compliance.
HF&H’s deep knowledge of the industry, state regulations, and the City will allow for a timely and thorough completion of the compliance analysis. Staff recommends approving the Agreement with HF&H Consultants to conduct the proposed analysis.
COORDINATION
Public Works coordinated this report with the City Attorney’s Office and Financial Services Department.
FISCAL IMPACT
The $46,000 cost of the contract will be fully covered by CalRecycle SB1383 Local Assistance Grant funds.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agmt - HF&H Consultants, Inc.
· Insurance - HF&H Consultants, Inc.
· Ord - No. 3223-21 Mandatory Organics Waste Disposal, December 14, 2021