City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: MARCH 1, 2022 FROM: PUBLIC WORKS DEPARTMENT WARDS: ALL SUBJECT: ADOPT A RESOLUTION TO SUBMIT A NOTICE OF INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS AS AUTHORIZED UNDER SENATE BILL 619 ISSUE:
Adopt a resolution to submit a Notice of Intent to comply with Senate Bill 1383 regulations as authorized under Senate Bill 619.
RECOMMENDATIONS:
That the City Council:
Adopt a resolution to submit a Notice of Intent to Comply with Senate Bill 1383 regulations as authorized under Senate Bill 619; and
2. Authorize the City Manager, or his designee, to approve and execute agreement documents, including making minor and non-substantive changes.
BACKGROUND:
Senate Bill 1383 (SB 1383) was signed in September 2016 by Governor Brown to reduce methane emissions within California. When organic material is deposited in landfills it generates substantial levels of methane. As part of reducing these methane emissions, the State has set objectives to reduce organic waste disposal by 50% by 2020 and 75% by 2025. At least 20% of currently disposed surplus edible food must be rescued for consumption and donated to edible food recovery organizations by 2025. SB 1383 regulations took effect on January 1, 2022.
SB 1383 provides the California Department of Resources Recycling and Recovery (CalRecycle) the ability to impose penalties on local governments who are found to be non-compliant with the regulations. According to CalRecycle, the following are requirements for local governments under SB 1383:
Provide organic waste collection for all residents and businesses.
Establish an edible food recovery program that diverts edible food from the waste stream.
Conduct outreach and education to all affected parties, including waste generators and waste haulers.
Procure recycled organic waste products like compost, mulch, and renewable natural gas.
Inspect and enforce compliance with SB1383.
As jurisdictions are preparing to implement the law, many are facing challenges due to the COVID-19 pandemic. In response, Governor Newsom signed Senate Bill 619 (SB 619) into law to support local governments as they design, pilot, and implement successful organic waste recycling programs throughout the State.
The law authorizes CalRecycle to waive civil penalties for jurisdictions that submit a Notification of Intent to Comply with the regulatory requirements and successfully implements a plan to correct their violations.
DISCUSSION:
According to CalRecycle, SB 619 allows local governments to come into compliance with SB 1383 organic waste recycling regulations by January 1, 2023. The bill also provides relief of SB 1383 administrative civil penalties for the 2022 calendar year if certain conditions are met. Applications for relief under SB 619 require a City Council resolution to be approved by March 1, 2022.
The City of Riverside and its private haulers have experienced delays in implementation due to hiring and staffing challenges, vehicle and equipment procurement delays, and delays in securing solid waste and recycling bins. A Notice of Intent to Comply under SB 619 reaffirms the City’s intent to comply with SB 1383 regulations while affording additional time to reach full compliance.
STRATEGIC PLAN ALIGNMENT:
The SB 619 Notice of Intent to Comply with Senate Bill 1383 regulations aligns with Strategic Priority 4 – Environmental Stewardship and specifically, Goal 4.4, which is to implement measures and educate the community to responsibly manage goods, products, and services throughout their lifecycle to achieve waste reduction outcomes.
The project aligns with each of the Cross-Cutting Threads as follows:
Community Trust – In addition to complying with State mandates, efforts to reduce methane emissions produced from the disposal of organic waste will in turn provide a better environment and cleaner air for residents to breathe.
Equity – Under SB 1383 implementation foods that would otherwise be thrown away will instead be distributed to edible food recovery organizations to feed vulnerable populations.
Fiscal Responsibility – The City’s notice of intent to apply with SB 1383 provides additional time to implement programs that are subject to fines and penalties from the State of California.
Innovation – Processing organic waste provides opportunities to generate compost, feedstock, fuel, and energy.
Sustainability & Resiliency – Implementation of SB 1383 is intended to reduce volumes of methane in the atmosphere.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Prepared by: Gilbert Hernandez, Public Works Director
Certified as to
availability of funds: Edward Enriquez, Chief Financial Officer/Treasurer Approved by Kris Martinez, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachments:
1. Resolution
2. SB619 Organic Waste Bill Text
3. SB619 Exhibit A
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