City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 11/14/2023
Subject: CalRecycle Grants Authorizing Resolution
RECOMMENDED ACTION:
This resolution authorizes the Public Works Director, or his/her designee, to apply for and receive CalRecycle grant program funds over the next five years to financially assist with the implantation of Senate Bill 1383.
BACKGROUND:
The City of Ripon, along with all jurisdictions in California, are subject to several California solid waste laws. The most recent piece of legislation State Senate Bill 1383, which was signed into law by Governor Brown in 2016, required jurisdictions to adopt enforceable ordinances that are consistent with the requirements of the Organic Waste Diversion regulations to mandate compliance from organic waste generators, haulers and other entities. The law establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy and establishes a target of a 50 percent organics disposal reduction by 2020 and a 75 percent reduction by 2025 using 2014 as the baseline. The law also grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.
The City Council approved Ordinance 912 at the March 8, 2022 City Council meeting that amended Chapter 8.12 “Garbage Collection and Disposal” of the Ripon Municipal Code to meet the requirements set forth by the State. The ordinance has several references to the CalRecycle Organic Waste Reduction regulations, which are enforced through the California Code of Regulations Title 14-Natural Resources, Division-7 Department of Resources Recycling and Recovery.
DISCUSSION/ANALYSIS:
Outside of the collection and disposal requirements described above, the City is subject to several other regulations included in SB1383, which are summarized below:
Procurement Requirements. Includes annually purchasing recovered organics such as compost, mulch, renewable energy from anaerobic digestion or electricity from biomass conversion in an amount based on population. According to CalRecycle the intent of these requirements is to strengthen California’s green economy by creating demand for these products which will then drive infrastructure investment and create new greencollar jobs. Capacity Planning. Plan for adequate capacity for recycling organic waste and for edible food recovery. San Joaquin County assists and coordinates with cities to estimate existing, new and/or expanded capacity to determine current availability and future needs.
Edible Food Recovery. Connect edible food generators in City limits with food recovery organizations and ensure contracts between the two are in place. CalRecycle has set a target of recovering 20% of currently disposed of edible food for human consumption by 2025.
Outreach and Education. Annually educate all organic waste generators, commercial food generators, and self-haulers about relevant requirements. Provide print and electronic communication and partner with schools, chamber, an dlibrary to help distribute relevant information.
Enforcement and Penalties. Ensuring businesses and permitted haulers are in compliance with the collection and disposal requirements of SB1383. Conduct surveys, audits and issue penalties as necessary for noncompliance.
Recordkeeping and Reporting. The City is required to keep and maintain records demonstrating compliance with the law. Comply with CalRecycle staff and produce records during audits. Complete the annual report regarding overall SB1383 compliance and submit to CalRecycle.
CalRecycle does offer an SB1383 Local Assistance Grant Program to provide funding to local jurisdictions to assist with the implementation of regulation requirements associated with the regulations. The largest expense related to SB1383 will be the disposal fees and unfortunately these are not eligible expenses under the current grants offered by CalRecycle. The cost of the additional regulations included in SB1383 described above have not yet been determined although they are all eligible expenses under the current grant program. Staff will review the available grant criteria over the next 5 years and submit grant applications that maximize grant funds to help mitigate these expenses as the regulations of SB1383 are implemented moving forward.
To be eligible to submit applications to the SB1383 Local Assistance Grant Program, an authorizing resolution from the City Council is required giving the Public Works Director, or his/her designee, the authority to submit applications over the next 5 years. Staff is recommending the City Council approve the attached resolution and authorize staff to submit grant applications that provides maximum reimbursement for the previously described SB1383 requirements within the various grant criteria.
FISCAL IMPACT:
Any grants received will offset Garbage Operating Fund expenses resulting in lower rate increases in the future.
RESOLUTION NO. 23-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON AUTHORIZING SUBMITTAL OF INDIVIDUAL
GRANT APPLICATIONS FOR ALL CALRECYCLE GRANT
PROGRAMS FOR WHICH THE CITY OF RIPON IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon authorizes the submittal of applications to CalRecycle for all grants for which the City of Ripon is eligible.
BE IT FURTHER RESOLVED that the Public Works Director, or their designee, is hereby authorized and empowered to execute in the name of the City of Ripon all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project.
BE IT FURTHER RESOLVED that these authorizations are effective for five years from the date of adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of November, 2023, by the following vote:
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER:Leo Zuber, Vice Mayor
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Dean Uecker ABSENT: Gary Barton
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk