FOR THE COUNCIL MEETING OF FEBRUARY 15, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Utilities
SUBJECT: APPROVING A NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383 AND AUTHORIZING SUBMISSION TO CALRECYCLE
RECOMMENDATION:
That the City Council adopt a Resolution approving a Notification of Intent to Comply with Senate Bill 1383 and authorizing submission to CalRecycle.
BACKGROUND:
On January 1, 2022, Senate Bill 1383, the Short -Lived Climate Pollutant Reduction Act of 2016 ("SB 1383"), also known as the organics recycling program, went into effect. The intent of the legislation is to substantially reduce greenhouse gas emissions from landfills.
SB 1383 directs CalRecycle to divert 75 percent of methane -producing organics from landfills and recover 20 percent of edible food that would otherwise be disposed for human consumption by 2025.
As a jurisdiction, the City of Santa Maria ("City") is responsible for the implementation and enforcement of SB 1383 as outlined in Santa Maria Municipal Code Chapter 8-21.
However, implementation of SB 1383 has been difficult for many reasons, including limited resources and impacts as a result of the ongoing COVID-19 pandemic.
Senate Bill 619 Organic Waste: Reduction Regulations, Local Jurisdiction Compliance was signed into law in Fall 2021 to support local governments as they design and implement successful organic waste recycling programs throughout the state. The law authorizes CalRecycle to waive administrative civil penalties for calendar year 2022 if a jurisdiction submits a Notification of Intent to Comply ("NOIC") for some or all the regulatory requirements and successfully implements a plan to achieve compliance. If a jurisdiction fails to adhere to the proposed actions and schedule described in a NOIC, then CalRecycle may revoke its approval and impose administrative civil penalties for violations.
DISCUSSION:
While the City has added Chapter 8-21 of the Santa Maria Municipal Code to include the regulations relative to SB 1383, it is unable to fully implement all the requirements of SB 1383 as of January 1, 2022. As such, to avoid potential administrative civil penalties from CalRecycle, the City must submit a NOIC, which includes a corrective plan and timetable,
for three specific sections related to the regulation, summarized below, and more thoroughly outlined in Exhibit "A" to the Resolution:
Section
Reference
Item
Issue
City's Proposed
Compliance Plan
14 CCR
Sec.
18984.1
Three -Container
Organic Waste
Collection
Services
While the City has
implemented three -
container collections
Citywide, it is still working
toward food waste
collection for all residents
because not all residents
currently have the
appropriate container for
collection of food waste.
Audit residential routes
and customer records to
identify residential
accounts without green
container organic
collection bins and
provide green container
organic collection bins to
residents as applicable.
14 CCR
Sec.
17409.5.7
Gray Container
Waste
Evaluations
The Santa Maria Regional
Landfill is unable to
implement quarterly gray
container waste
evaluations by July 1,
2022, due to limited
staffing resources.
The City will release a
Request for Proposals to
conduct gray waste
container evaluations
with the goal to select a
consultant to complete
the evaluations.
27 CCR
Sec.
21695
Organic Disposal
Reduction Status
Impact Report
The City is unable to
submit the Organic
Disposal Reduction
Status Impact Report by
January 1, 2023, due to
limited staffing resources.
The City will release a
Request for Proposals to
prepare the required
report with the goal to
select a consultant to
complete the report.
As required, the NOIC further addresses the following in detail:
1. Specific descriptions of the violations.
2. Detailed explanations of the reasons why the City is unable to comply.
3. Descriptions of COVID-19 pandemic impacts on compliance.
4. Descriptions of proposed actions the City will take to remedy the violations with a proposed schedule for doing so.
The proposed actions are tailored to remedy the violations in a timely manner. Based on the proposed time schedule, the last date for the City's compliance is expected to be September 2023. CalRecycle requires that the NOIC be accompanied by a resolution adopted by the City Council affirming the contents and timeline proposed for compliance. 2 Once the NOIC is submitted to CalRecycle, CalRecycle will respond to the City, in writing, within 45 business days with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If CalRecycle approves the City's NOIC, the City may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to 14 CCR 42652.5(d).
2. CalRecycle may issue a corrective action plan pursuant to 14 CCR Section 18996.2 for any violations disclosed in the City's NOIC that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the City's approved NOIC will be in effect until a corrective action plan is issued.
If the City fails to adhere to the proposed actions and schedule described in the NOIC, then CalRecycle may revoke its approval and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
Fiscal Considerations
There is no cost associated with submitting the NOIC to CalRecycle for approval. The full costs to the City to implement SB 1383 cannot be known at this time, but expenses related to organics collection and processing are borne by the Solid Waste Collections Enterprise Fund. Staff will continue to seek grant opportunities to offset impacts to ratepayers.
Alternatives
1. The City Council may direct Staff to amend the proposed actions to remedy the violations and/or amend the proposed schedule for compliance. This alternative is not recommended as the proposed actions and schedules provided are reasonable and the goals attainable by the City within the prescribed timelines.
2. The City Council may direct Staff not to submit the NOIC. This alternative is not recommended because without the NOIC, the City may be subject to administrative civil penalties from CalRecycle.
Impact to the Community
Implementation and compliance with SB 1383 helps the City contribute to statewide organic waste reduction goals.
Impact to the City
The City is required to comply with the regulation. Submission of the NOIC may provide penalty relief from violations of the regulations for 2022 in addition to creating opportunities for a broader and longer -term regulation compliance path.
MICHELLE R NGER
Management Analyst
Director of Utilities
3 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, APPROVING A NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383 AND AUTHORIZING SUBMISSION TO CALRECYCLE WHEREAS, CalRecycle, in consultation with the California Air Resources Board, adopted regulatory requirements ("Regulations"), consistent with the mandate of Senate Bill 1383 (Lara, 2016), designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 -percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 - percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and
WHEREAS, the City of Santa Maria is a local jurisdiction required to comply with the Regulations; and
WHEREAS, due to limited resources and impacts from the ongoing COVID-19 pandemic, the City expects to be facing continuing violations of the Regulations during the 2022 calendar year; and
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code ("Statute"), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year, and may be eligible for a broader and longer -term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and
WHEREAS, the City of Santa Maria is authorized by the Statute to submit a Notification of Intent to Comply for approval by CalRecycle; and WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the City of Santa Maria by formal written resolution that meets the requirements of the Statute.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. The City of Santa Maria's Notification of Intent to Comply attached hereto as Exhibit "A" is hereby approved; and
2. The City Manager, or their designee, is hereby authorized and directed to submit the referenced Notification of Intent to Comply to CalRecycle for approval pursuant to the Statute; and
3. By submitting the Notification of Intent to Comply, the City of Santa Maria represents and certifies that it will implement the proposed actions to remedy
the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statutes and Regulations, and further acknowledges and agrees to comply with any maximum compliance deadline of any corrective action plan that CalRecycle in its sole discretion determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in the Notification of Intent to Comply; and
4. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held on this 15th day of February 2022.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS
City Attorney .0
APP ENT:
�'' ENT:
'rector
ity M§nager
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction's governing body, shall be sent to CalRecycle no later than March 1, 2022, to NOICCa�CalRecycle.ca.gov.
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction's notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction's approved notification will be in effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction's notification.
Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: City of Santa Maria
County: Santa Barbara
Person Completing the Form:
First Name: Herb
Last Name: Cantu
Title: Solid Waste Manager
Mailing Address: 2065 E Main Street
City: Santa Maria
Zip Code: 93454
Email Address: [email protected]
Phone Number: 805-925-0951 ext. 7212
Page l of 5
EXHIBIT "A"
1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.
® 14 CCR section 18984.1 Three -Container Organic Waste Collection Services i. The City has implemented three -container organic waste collections citywide and is working toward food waste collection for all residents. The City is identifying residential customers who may not yet have green waste / organics collection bins by conducting route audits.
® 14 CCR section 17409.5.7: Gray Container Waste Evaluations. i. The Santa Maria Regional Landfill is unable to implement quarterly gray container waste evaluations by July 1, 2022 due to limited staffing resources. ® 27 CCR section 21695: Organic Disposal Reduction Status Impact Report. i. The City is unable to submit the Organic Disposal Reduction Status Impact Report by January 1, 2023 due to limited staffing resources.
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
14 CCR section 18984.1: Three -Container Organic Waste Collection Services The City currently provides food waste and green waste collection services to residents, however, the City is still in the process of auditing residential collections routes to identify customers without existing green waste / organics collection containers. City staff estimates approximately seventy-five (75%) of residents subscribe to green waste recycling, although there is no mechanism in place to accurately identify the actual number of customers without green waste / organics containers because the inventory is not managed in the City's routing software today. This is primarily because residential customers do not always place their green waste / organics containers out for every biweekly collection service making it very difficult to determine with accuracy which customers are truly "missing" containers. 14 CCR section 17409.5.7: Gray Container Waste Evaluations The City is currently working to issue a Request for Proposal (RFP) for a consultant to perform the Gray Container Waste Evaluations for the Santa Maria Regional Landfill. This process has been delayed due to limited staffing and additional workload of existing staffing due to the COVID-19 Pandemic. To manage the new programs and requirements of SB 1383, the City has planned to hire additional staff with the FY 2021-2022 budget cycle and expects to onboard one (1) new employee in February 2022.
27 CCR section 21695: Organic Disposal Reduction Status Impact Report The City is currently working to issue a RFP for a California licensed civil engineer or licensed engineering geologist consultant to write the Organic Disposal Reduction Status Impact Report for the City. This process has been delayed due to limited staffing and additional workload of existing staffing due to the COVID-19 Pandemic. To manage the new programs and requirements of SB 1383, the City has planned to hire additional staff with the FY 2021-2022 budget cycle and expects to onboard one (1) new employee in February 2022.
3. A description of the impacts of the COVID-19 pandemic on compliance.
The COVID-19 Pandemic resulted in reduced on -site interactions and remote work for many City and State employees, which may have impaired communications between the City and CalRecycle.
Unfortunately, this may have resulted in misunderstanding of the classification of food waste and the weekly organic waste collection requirement prior to rollout of EoW collection.
Additionally, the COVID-19 Pandemic has increased the workload of the existing and support staff and increased the amount of time required to complete tasks and acquire assets.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner.
14 CCR section 18984.1 Three -Container Organic Waste Collection Services The City already provides food waste and green waste collection to residents, however the City is still in the process of auditing routes to identify customers without green container organic collection bins. This requires physical verification and audits of each of the City's over 18,000 residential accounts. The initial audit is anticipated to be completed by January 2023.
City Staff are committed to working closely with CalRecycle Staff to work toward providing three -container organic waste collection services for all appropriate customers in compliance with SB 619.
14 CCR section 17409.5.7: Gray Container Waste Evaluations The City is currently working to issue a RFP to hire a consultant to perform the Gray Container Waste Evaluations for the City as soon as possible.
City Staff are committed to working closely with CalRecycle Staff to work toward implementation of Gray Container Waste Evaluations in compliance with SB 1383. 27 CCR section 21695: Organic Disposal Reduction Status Impact Report.
The City is currently working to issue a RFP to hire a California licensed civil engineer or licensed engineering geologist consultant to write the Organic Disposal Reduction Status Impact Report for the City as soon as possible.
City Staff are committed to working closely with CalRecycle Staff to work toward submission of the Organic Disposal Reduction Status Impact Report in compliance with SB 1383.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
Herb Cantu Solid Waste Manager
Signature Printed Name Title Date
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Regulatory Requirement and Description:
14 CCR section 18984.1 Three -Container Organic Waste Collection Services. i. Description: The City has implemented three -container organic waste collections citywide and is working toward food waste collection for all residents. The City is identifying residential customers who may not yet have green waste / organics collection bins by conducting route audits.
Action
Proposed Schedule
TASK 1: Audit residential routes and customer records to identify residential accounts without green container organic collection bins.
Date to be completed:
January 2023
TASK 2: Provide green container organic collection bins to eligible residents.
Date to be completed:
September 2023
Regulatory Requirement and Description:
14 CCR section 17409.5.7 Gray Container Waste Evaluations.
Description: The Santa Maria Regional Landfill is unable to implement quarterly gray container waste evaluations by July 1, 2022 due to limited staffing resources.
Action
Proposed Schedule
TASK 1:
Release a RFP for Consultant Services to Conduct Gray
Container Waste Evaluations
Date to be completed:
April 2022
TASK 2:
Select consultant to perform work
Date to be completed:
June 2022
TASK 3:
Execute contract with selected consultant
Date to be completed:
July 2022
TASK 4:
Consultant develops Work Plan
Date to be completed:
November 2022
TASK 5:
Consultant completes first Gray Container Waste Audits
Date to be completed:
January 2023
Regulatory Requirement and Description:
27 CCR section 21695 Organic Disposal Reduction Status Impact Report.
Description: The City is unable to submit the Organic Disposal Reduction Status Impact Report by January 1, 2023 due to limited staffing resources.
Action
Proposed Schedule
TASK 1: Release a RFP for Consultant Services to Prepare Organic Disposal Reduction Status Impact Report
Date to be completed:
April 2022
TASK 2: Select consultant to perform work
Date to be completed:
June 2022
TASK 3: Execute contract with selected consultant
Date to be completed:
August 2022
TASK 4: Consultant completes SIR Report for submittal to CalRecycle Date to be completed:
April 2023