HomeMy WebLinkAbout01 - - SB-1383 Organic Waste Collection and Pro - 1/12/20211
STUDY SESSION AGENDA
REPORT
MEETING DATE: JANUARY 12, 2021 ITEM NUMBER:
SUBJECT: SB 1383: ORGANIC WASTE COLLECTION AND PROCESSING, AND
RECYCYLING PROGRAMS - REGULATORY IMPACTS AND
REQUIRED ACTIONS
DATE: JANUARY 5, 2021
FROM: PUBLIC SERVICES DEPARTMENT / ADMINISTRATION
PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
SALEM AFEWORKI, ENERGY AND SUSTAINABILITY
SERVICES MANAGER
FOR FURTHER INFORMATION
CONTACT:
SALEM AFEWORKI, LEED GA, ENV SP
ENERGY AND SUSTAINABILITY SERVICES
MANAGER, (714) 754-5343
RECOMMENDATION:
Provide direction on actions required to achieve compliance with SB 1383, mandating
Organic Waste collection and processing, and recycling programs.
BACKGROUND:
Senate Bill 32 (Pavley, Chapter 249, Statutes of 2016) established regulations related to
sources of emissions of greenhouse gases (GHG), as follow-up regulations to the
California Global Warming Solutions Act, also known as Assembly Bill 32 of 2006. SB 32
requires that there be a reduction in GHG emissions to 40% below the 1990 levels by
2030. This builds on AB 32’s existing mandate to reduce statewide emissions to 1990
levels by 2020.
Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) codifies the California Air Resources
Board's Short-Lived Climate Pollutant Reduction Strategy, as it relates to reduction in the
emissions of short-lived climate pollutants such as methane from solid wastes. SB 1383 final
regulations that was approved by the Office of Administrative Law on November 3, 2020,
prescribe specific actions local jurisdictions must take to reduce short-lived climate
pollutants related to solid waste collection and processing, and includes new stipulations on
acceptable waste segregation and processing practices, as well as City procurement
responsibilities.
2
ANALYSIS:
SB 1383 is the most significant waste reduction mandate the State of California has adopted
in the last 30 years. It requires the State to reduce organic waste by 75% by 2025, which
equates to over 20 million tons annually. The law also requires the State to increase edible
food recovery by 20%. Since the law establishes statewide targets, a prescriptive approach
to compliance is being used. This is very different from AB 939 (Integrated Waste
Management Act), which set jurisdictional waste diversion mandates and allowed local
governments to develop their own programs for reaching compliance.
Mandatory commercial recycling (AB 341, Chesbro, Chapter 476, Statutes of 2011) and
mandatory commercial organics recycling (AB 1826, Chesbro, Chapter 727, Statutes of
2014) are incorporated into SB 1383 regulations. Both these mandates (AB 341 and AB
1826) make local jurisdictions ultimately responsible for ensuring 100% compliance. SB
1383 further stipulates the implementation of residential organic waste recycling programs
and make local jurisdictions directly responsible for the following actions, starting on January
1, 2022:
Providing organic waste collection to all mandated residents and businesses.
Establishing an edible food recovery program.
Conducting outreach and education to all affected parties.
Performing capacity planning covering 15 years for organic waste diversion from
landfills.
Procuring recycled organic waste products (i.e. compost, mulch and renewable
natural gas) at levels to be prescribed by the State annually. Such procurement
standards must also be incorporated into a new City ordinance.
Establishing (via ordinance and otherwise) all required enforcement protocols that
include a schedule of fines for non-compliant entities. This ordinance must match
State-developed standards, including minimum fine structure.
Failure by a local jurisdiction to enact and undertake all SB 1383 responsibilities will result
in it being deemed non-compliant and thus subject to fines of up to $10,000 per day. While
the State is suggesting that 2022 and 2023 will be non-adversarial years where the State
will only provide guidance and technical assistance, the regulations do not preclude fines
during this “grace” period.
Waste Collection and Recycling Programs in Costa Mesa
The Public Services Department oversees all commercial waste collection and recycling
services while the Costa Mesa Sanitary District administers residential waste collection
services for single-family and multi-family up to four units. The City uses a non-exclusive
franchise system, consisting of 11 haulers, to manage trash and recycling service to multi-
family (5 or more units) and business properties, as well as any for-hire hauling of temporary
waste collection containers from construction and deconstruction projects. Six (6) of these
haulers provide recurring collection service to businesses and multi-family properties under
SB 1383 regulations. The City also has a permit system that allows contractors to self-haul
the waste generated by their primary business activity (i.e. roofing, land grading, etc.). Both
the commercial non-exclusive franchise and the contractor self-haul permit system provide
competition to keep collection service rates among the lowest in the County.
3
City staff is responsible for monitoring and reporting the implementing of various citywide
programs to comply with the State solid waste and recycling mandates including AB 339,
AB 341, AB 1826 and now with SB 1383. To date, the City has complied with the
requirement to provide organic waste collection. The City has allowed businesses and multi-
family commercial properties (under the City franchise) to voluntarily comply with both AB
341 and AB 1826. Due to the voluntary nature of the requirement, the City compliance rate
is currently under 60%.
Prior to the adoption of SB 1383 regulations, the City notified all permitted haulers that
voluntary compliance efforts among their customers must show substantial year-over-year
improvements (prior to issuance of both calendar year 2019 and 2020 permits). In early
2020, staff determined that voluntary efforts were proving insufficient, as shown in the table
below:
Work then began on investigating alternatives from among those previously developed
through discussions with the State (CalRecyle), and was presented to haulers in 2019 and
2020 during the annual permit renewal process. Staff shared the following options with City
permitted haulers as contemplated City actions to get to 100% compliance:
1. Require haulers to offer AB 1826 compliance program to specific customers and
report the status of these efforts to the City’s consultant. This requirement will have
a set timeline (estimated at 30 days) and will result in either program
implementation or disclosure by the hauler of the reason why their customer
declined to come into compliance.
2. City established targets for customer compliance with AB 341 and AB 1826. Under
this option, the City would set and periodically increase a minimum percentage of
customers that each hauler is required to have in compliance with State recycling
mandates. Haulers failing to meet these requirements will be noticed and if the
required level of compliance is not reached in the subsequent quarter; their permit
will be revoked.
3. Require all haulers to institute all-inclusive service pricing, thus eliminating
voluntary specific subscription service options/costs for AB 341 and AB 1826
compliant programs. All customers under this franchise would then be required to
have programs provided by their hauler to bring them into compliance with all State
mandated recycling programs. The only exemptions to this all-inclusive pricing
requirement would be locations that can demonstrate, to the City’s satisfaction,
that they have internal or third party programs that are fully compliant with State
mandates or locations that are exempted from State mandates. All such
exemptions must be reported to and approved by the City. These locations would
then be able to subscribe to lesser hauler-provided services and avoid all-inclusive
pricing. Haulers failing to meet these requirements will have their permits revoked.
4. The City will issue a RFP and select a single hauler to provide all multi-family
service under an exclusive franchise.
Mandated Mandated Businesses Multi-Family Compliance
Year Businesses Multi-Family Total in Compliance in Compliance Total %
2019 566 540 1106 84 540 624 56.42%
AB 1826 Compliance Tracking
4
5. The City will issue a RFP and select a single hauler to provide all commercial
service under an exclusive franchise.
City staff initially considered the combination of mandating haulers to provide State-required
programs to all their customers under all-inclusive pricing (Option 3 above), and developing
an exclusive franchise for commercial multi-family service (Option 4 above). However,
following a series of meetings with permitted haulers and discussions with the City Attorney’s
Office regarding the evergreen provisions of the City’s current permit system (7-year
automatic renewal), and the extensive new service, monitoring, and reporting requirements
contained in recently approved SB 1383, revisions to the above alternatives was required.
With the concurrence of all permitted haulers, the development of a non-exclusive franchise
agreement covering all services (business and multi-family) in connection with to revisions
to the provisions of the Costa Mesa Municipal Code (CMMC) governing solid waste
collection as needed pursuant to SB 1383. See CMMC Title 8, Chapter IV (Garbage,
Rubbish and Weeds). This new agreement will incorporate all SB 1383 requirements, which
cover both business and multi-family service. It will also incorporate facility capacity
guarantees that are needed from all haulers, not just those providing multi-family service.
Regarding pricing structure, this agreement will establish a uniform organic waste collection
program with established rates for various organic waste recycling containers and service
frequencies. This structure will still allow hauler competition in both trash and recycling rates.
Since all haulers can transition to the new agreement structure, concerns regarding the
evergreen permit will be eliminated by design.
The new franchise agreement is the much-needed vehicle to address abandoned and bulky
item collection in City-franchise areas, establish a uniform Christmas tree collection
program, and developing more uniform and consistent program messaging throughout the
City.
Staff suggests the following schedule for meeting SB 1383 requirements by the January 1,
2022 date:
January and February 2021 - Draft model franchise agreement circulated to all
interested haulers for review and comment.
February and March 2021 – Have meetings with each hauler to finalize the language
of the model agreement.
February and March 2021 – Develop the City’s SB 1383 “enforcement” and
“procurement” ordinances, following the CalRecycle (State) model.
March and April 2021 - Prepare SB 1383 compliance package for City Council’s input,
review and approval. The package will include the model proposed hauler franchise
agreement and the two (2) ordinances required by SB 1383.
April 2021 - New franchise agreement starts. All Tier 1 (AB 1826) commercial properties
start mandatory compliance service through franchised haulers (both AB 341 and AB
1826). City to provide third Party/Internal Program Form for locations asserting
compliance independent of hauler programs.
5
July 2021 - All Tier 2 (AB 1826) commercial properties start mandatory compliance
service through franchised haulers (both AB 341 and AB 1826). City provides third
Party/Internal Program Form for locations who may wish to assert compliance
independent of hauler programs. City to determine if hauler compliance program(s) is
required. If not, then quarterly reporting of third Party/Internal Program diversion is
required to maintain exemption from mandatory service.
August 2021 - All Tier 3 and Tier 4 locations notified of mandatory service requirements.
Both exemption forms and third Party/Internal program forms provided with notice that
mandatory service will begin rollout at Tier 3 locations on September 15, 2021 and Tier
4 locations on October 15, 2021. City must approve a submitted form prior to these dates
or containers will be delivered and program charges incurred.
Mid-September 2021 - All Tier 3 (AB 1826) locations start mandatory compliance
service through franchised haulers (both AB 341 and AB 1826).
Mid-October 2021 - All Tier 4 (AB 1826) locations start mandatory compliance service
through franchised haulers (both AB 341 and AB 1826).
October 2021 - All commercial multi-family properties notified of mandatory food waste
recycling service starting on January 1, 2022, with program rollout commencing in
November/December depending upon property size (largest first). Each location also
provided third Party/Internal Program form and notified that contracted landscaper name
and diversion facility used is required to avoid addition green waste service and related
charges. Annual tonnage and compliance verification required to avoid mandatory green
waste service in future years.
January 1, 2022 - All commercial business and multi-family food waste recycling
containers in place.
Another component of the new franchise agreement is instituting a new compliance and
agreement support fee to offset a portion of the new costs being placed upon the City by
this unfunded SB 1383 mandate. Those costs include the previously mentioned mandatory
procurement amounts to be issued by the State annually; the costs of inspection, monitoring
and reporting on all organic waste collection and processing; the creation, promotion, and
ultimate financial support for an edible food donation program; and additional reporting to
the State on a number of new organic waste program elements.
Staff is seeking City Council’s input on the above-proposed actions. Based on Council’s
direction, staff, working with the City Attorney’s Office, will implement the changes to
commercial and multi-family waste hauling program to meet State mandates.
ALTERNATIVES CONSIDERED:
The City may consider continuing to operate its waste collection and recycling program as
is. However, this will lead to incompliance with the State regulations and mandates, which
will lead to subsequent fines. It will also limit the City’s capacity to receive State grants and
incentives to implement new programs. Staff does not recommend this option.
6
FISCAL REVIEW:
Fiscal impact is not known at this time.
LEGAL REVIEW:
The City Attorney’s Office has reviewed SB 1383 regulations, model franchise agreements
the State has provided and has been involved in the various alternatives City staff has
considered to date.
CITY COUNCIL GOALS & PRIORITIES:
This project supports the following City Council Goals –
Goal 2: Improve our Neighborhoods and Quality of Life
Goal 3: Keep the City Fiscally Sustainable
CONCLUSION
This staff report is to inform the City Council on the recently approved SB 1383 regulations
and the significant impacts it will have on the City and its solid waste collection and recycling
programs. Staff recommends that the City Council allow staff to proceed with the suggested
alternative, utilizing a formal franchise agreement to secure needed SB 1383 compliance
assistance from current permitted haulers coupled with revisions to the CMMC. Staff will
bring the necessary ordinance as well as the franchise agreements to Council before the
end of the first quarter 2021 for consideration and approval.
_____________________________ _____________________________
SALEM AFEWORKI RAJA SETHURAMAN
Energy and Sustainability Manager Public Services Director
_____________________________ ______________________________
CAROL MOLINA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENT: 1. Presentation: An Overview of SB 1383’s Organic Waste
Reduction Requirements
AGENDA – SPECIAL CLOSED SESSION – January 12, 2021 – PAGE 1
SPECIAL AGENDA
CITY OF COSTA MESA CITY COUNCIL AND SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY*
*NOTE: ALL AGENCY MEMBERSHIPS ARE REFLECTED IN THE TITLE “COUNCIL MEMBER.”
TUESDAY, JANUARY 12, 2021
CITY COUNCIL CHAMBERS, 77 FAIR DRIVE
SPECIAL CLOSED SESSION – 4:00 P.M.
In order to minimize the spread of the COVID-19 virus, Governor Newsom has issued Executive
Orders that temporarily suspend requirements of the Brown Act which allows Council Members
to attend City Council meetings remotely. Given the health risks associated with COVID-19, the
City Council Chambers will be closed to the public until further notice.
If you would like to participate in this meeting, you can participate via the following options:
1. Members of the public can view the City Council meetings live on COSTA MESA TV
(SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) AND ONLINE AT
youtube.com/costamesatv.
2. Members of the public who wish to make a comment on a specific Closed Session agenda
item, may submit your comment via email to the City Clerk at cityclerk@costamesaca.gov.
The comments will be provided to City Council and the City Clerk will read the comments into
the record.
3. Please know that it is important for the City to allow public participation at this meeting. If you
are unable to participate in the meeting via the processes set forth above, please contact the
City Clerk at 714-754-5225 or cityclerk@costamesaca.gov and staff will attempt to
accommodate you. While the City does not expect there to be any changes to the above
process for participating in this meeting, if there is a change, the City will post the information
as soon as possible to the City’s website.
Please note that records submitted by the public will not be redacted in any way and will be posted
online as submitted, including any personal contact information.
Note regarding agenda-related documents provided to a majority of the City Council after
distribution of the City Council agenda packet (GC §54957.5): Any related documents provided
to a majority of the City Council after distribution of the City Council Agenda Packets will be made
available for public inspection. Such documents will be posted on the city’s website at
www.costamesaca.gov or by clicking here.
The City of Costa Mesa’s goal is to comply with the Americans with Disabilities Act (ADA) in all
respects. If, as an attendee or a participant at this meeting, you will need special assistance
beyond what is normally provided, we will attempt to accommodate you in every reasonable
manner. Please contact the City Clerk’s office 24 hours prior to the meeting to inform us of your
particular needs and to determine if accommodation is feasible 714-754-5225 or at
cityclerk@costamesaca.gov. El objetivo de la ciudad de Costa Mesa es cumplir con la ley de
Estadounidenses con Discapacidades (ADA) en todos los aspectos. Si como asistente o
participante en esta reunión, usted necesita asistencia especial, más allá de lo que normalmente
se proporciona, intentaremos de complacer en todas las maneras. Favor de comunicarse a la
oficina del Secretario de la Ciudad con 24 horas de anticipación para informarnos de sus
necesidades y determinar si alojamiento es realizable al 714-754-5225 o
cityclerk@costamesaca.gov
AGENDA – SPECIAL CLOSED SESSION – January 12, 2021 – PAGE 2
TUESDAY, JANUARY 12, 2021
CITY COUNCIL CHAMBERS, 77 FAIR DRIVE
SPECIAL CLOSED SESSION – 4:00 P.M.
KATRINA FOLEY
Mayor
MANUEL CHAVEZ ANDREA MARR
Council Member Mayor Pro Tem
LOREN GAMEROS DON HARPER
Council Member Council Member
JEFFREY HARLAN ARLIS REYNOLDS
Council Member Council Member
City Attorney City Manager
Kimberly Hall Barlow Lori Ann Farrell Harrison
SPECIAL CLOSED SESSION
4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Barnes v. The Superior Court of Orange, Fourth District Court of Appeal, Case No.
G059764 (on appeal from Campbell, et al. v. Barnes, Orange County Superior Court
Case No. 30-2020-01141117-CU-WM-CXC).
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION – ONE
CASE - Pursuant to Subdivision (d)(4) of Section 54956.9, California Government
Code, Potential Litigation.
3. THREAT TO SECURITY
Pursuant to subdivision (a) of Section 54957, California Government Code
Consultation with: Costa Mesa Director of Emergency Services, and City Manager,
Lori Ann Farrell Harrison; Bryan Glass, Police Chief; Dan Stefano, Fire Chief; and
Jason Dempsey, Emergency Services Administrator.
The City Council and Successor Agency to the Redevelopment Agency will recess
for Closed Session at the conclusion of public comments.
2
ANALYSIS:
SB 1383 is the most significant waste reduction mandate the State of California has adopted
in the last 30 years. It requires the State to reduce organic waste by 75% by 2025, which
equates to over 20 million tons annually. The law also requires the State to increase edible
food recovery by 20%. Since the law establishes statewide targets, a prescriptive approach
to compliance is being used. This is very different from AB 939 (Integrated Waste
Management Act), which set jurisdictional waste diversion mandates and allowed local
governments to develop their own programs for reaching compliance.
Mandatory commercial recycling (AB 341, Chesbro, Chapter 476, Statutes of 2011) and
mandatory commercial organics recycling (AB 1826, Chesbro, Chapter 727, Statutes of
2014) are incorporated into SB 1383 regulations. Both these mandates (AB 341 and AB
1826) make local jurisdictions ultimately responsible for ensuring 100% compliance. SB
1383 further stipulates the implementation of residential organic waste recycling programs
and make local jurisdictions directly responsible for the following actions, starting on January
1, 2022:
Providing organic waste collection to all mandated residents and businesses.
Establishing an edible food recovery program.
Conducting outreach and education to all affected parties.
Performing capacity planning covering 15 years for organic waste diversion from
landfills.
Procuring recycled organic waste products (i.e. compost, mulch and renewable
natural gas) at levels to be prescribed by the State annually. Such procurement
standards must also be incorporated into a new City ordinance.
Establishing (via ordinance and otherwise) all required enforcement protocols that
include a schedule of fines for non-compliant entities. This ordinance must match
State-developed standards, including minimum fine structure.
Failure by a local jurisdiction to enact and undertake all SB 1383 responsibilities will result
in it being deemed non-compliant and thus subject to fines of up to $10,000 per day. While
the State is suggesting that 2022 and 2023 will be non-adversarial years where the State
will only provide guidance and technical assistance, the regulations do not preclude fines
during this “grace” period.
Waste Collection and Recycling Programs in Costa Mesa
The Public Services Department oversees all commercial waste collection and recycling
services while the Costa Mesa Sanitary District administers residential waste collection
services for single-family and multi-family up to four units. The City uses a non-exclusive
franchise system, consisting of 11 haulers, to manage trash and recycling service to multi-
family (5 or more units) and business properties, as well as any for-hire hauling of temporary
waste collection containers from construction and deconstruction projects. Six (6) of these
haulers provide recurring collection service to businesses and multi-family properties under
SB 1383 regulations. The City also has a permit system that allows contractors to self-haul
the waste generated by their primary business activity (i.e. roofing, land grading, etc.). Both
the commercial non-exclusive franchise and the contractor self-haul permit system provide
competition to keep collection service rates among the lowest in the County.
3
City staff is responsible for monitoring and reporting the implementing of various citywide
programs to comply with the State solid waste and recycling mandates including AB 339,
AB 341, AB 1826 and now with SB 1383. To date, the City has complied with the
requirement to provide organic waste collection. The City has allowed businesses and multi-
family commercial properties (under the City franchise) to voluntarily comply with both AB
341 and AB 1826. Due to the voluntary nature of the requirement, the City compliance rate
is currently under 60%.
Prior to the adoption of SB 1383 regulations, the City notified all permitted haulers that
voluntary compliance efforts among their customers must show substantial year-over-year
improvements (prior to issuance of both calendar year 2019 and 2020 permits). In early
2020, staff determined that voluntary efforts were proving insufficient, as shown in the table
below:
Work then began on investigating alternatives from among those previously developed
through discussions with the State (CalRecyle), and was presented to haulers in 2019 and
2020 during the annual permit renewal process. Staff shared the following options with City
permitted haulers as contemplated City actions to get to 100% compliance:
1. Require haulers to offer AB 1826 compliance program to specific customers and
report the status of these efforts to the City’s consultant. This requirement will have
a set timeline (estimated at 30 days) and will result in either program
implementation or disclosure by the hauler of the reason why their customer
declined to come into compliance.
2. City established targets for customer compliance with AB 341 and AB 1826. Under
this option, the City would set and periodically increase a minimum percentage of
customers that each hauler is required to have in compliance with State recycling
mandates. Haulers failing to meet these requirements will be noticed and if the
required level of compliance is not reached in the subsequent quarter; their permit
will be revoked.
3. Require all haulers to institute all-inclusive service pricing, thus eliminating
voluntary specific subscription service options/costs for AB 341 and AB 1826
compliant programs. All customers under this franchise would then be required to
have programs provided by their hauler to bring them into compliance with all State
mandated recycling programs. The only exemptions to this all-inclusive pricing
requirement would be locations that can demonstrate, to the City’s satisfaction,
that they have internal or third party programs that are fully compliant with State
mandates or locations that are exempted from State mandates. All such
exemptions must be reported to and approved by the City. These locations would
then be able to subscribe to lesser hauler-provided services and avoid all-inclusive
pricing. Haulers failing to meet these requirements will have their permits revoked.
4. The City will issue a RFP and select a single hauler to provide all multi-family
service under an exclusive franchise.
Mandated Mandated Businesses Multi-Family Compliance
Year Businesses Multi-Family Total in Compliance in Compliance Total %
2019 566 540 1106 84 540 624 56.42%
AB 1826 Compliance Tracking
4
5. The City will issue a RFP and select a single hauler to provide all commercial
service under an exclusive franchise.
City staff initially considered the combination of mandating haulers to provide State-required
programs to all their customers under all-inclusive pricing (Option 3 above), and developing
an exclusive franchise for commercial multi-family service (Option 4 above). However,
following a series of meetings with permitted haulers and discussions with the City Attorney’s
Office regarding the evergreen provisions of the City’s current permit system (7-year
automatic renewal), and the extensive new service, monitoring, and reporting requirements
contained in recently approved SB 1383, revisions to the above alternatives was required.
With the concurrence of all permitted haulers, the development of a non-exclusive franchise
agreement covering all services (business and multi-family) in connection with to revisions
to the provisions of the Costa Mesa Municipal Code (CMMC) governing solid waste
collection as needed pursuant to SB 1383. See CMMC Title 8, Chapter IV (Garbage,
Rubbish and Weeds). This new agreement will incorporate all SB 1383 requirements, which
cover both business and multi-family service. It will also incorporate facility capacity
guarantees that are needed from all haulers, not just those providing multi-family service.
Regarding pricing structure, this agreement will establish a uniform organic waste collection
program with established rates for various organic waste recycling containers and service
frequencies. This structure will still allow hauler competition in both trash and recycling rates.
Since all haulers can transition to the new agreement structure, concerns regarding the
evergreen permit will be eliminated by design.
The new franchise agreement is the much-needed vehicle to address abandoned and bulky
item collection in City-franchise areas, establish a uniform Christmas tree collection
program, and developing more uniform and consistent program messaging throughout the
City.
Staff suggests the following schedule for meeting SB 1383 requirements by the January 1,
2022 date:
January and February 2021 - Draft model franchise agreement circulated to all
interested haulers for review and comment.
February and March 2021 – Have meetings with each hauler to finalize the language
of the model agreement.
February and March 2021 – Develop the City’s SB 1383 “enforcement” and
“procurement” ordinances, following the CalRecycle (State) model.
March and April 2021 - Prepare SB 1383 compliance package for City Council’s input,
review and approval. The package will include the model proposed hauler franchise
agreement and the two (2) ordinances required by SB 1383.
April 2021 - New franchise agreement starts. All Tier 1 (AB 1826) commercial properties
start mandatory compliance service through franchised haulers (both AB 341 and AB
1826). City to provide third Party/Internal Program Form for locations asserting
compliance independent of hauler programs.
5
July 2021 - All Tier 2 (AB 1826) commercial properties start mandatory compliance
service through franchised haulers (both AB 341 and AB 1826). City provides third
Party/Internal Program Form for locations who may wish to assert compliance
independent of hauler programs. City to determine if hauler compliance program(s) is
required. If not, then quarterly reporting of third Party/Internal Program diversion is
required to maintain exemption from mandatory service.
August 2021 - All Tier 3 and Tier 4 locations notified of mandatory service requirements.
Both exemption forms and third Party/Internal program forms provided with notice that
mandatory service will begin rollout at Tier 3 locations on September 15, 2021 and Tier
4 locations on October 15, 2021. City must approve a submitted form prior to these dates
or containers will be delivered and program charges incurred.
Mid-September 2021 - All Tier 3 (AB 1826) locations start mandatory compliance
service through franchised haulers (both AB 341 and AB 1826).
Mid-October 2021 - All Tier 4 (AB 1826) locations start mandatory compliance service
through franchised haulers (both AB 341 and AB 1826).
October 2021 - All commercial multi-family properties notified of mandatory food waste
recycling service starting on January 1, 2022, with program rollout commencing in
November/December depending upon property size (largest first). Each location also
provided third Party/Internal Program form and notified that contracted landscaper name
and diversion facility used is required to avoid addition green waste service and related
charges. Annual tonnage and compliance verification required to avoid mandatory green
waste service in future years.
January 1, 2022 - All commercial business and multi-family food waste recycling
containers in place.
Another component of the new franchise agreement is instituting a new compliance and
agreement support fee to offset a portion of the new costs being placed upon the City by
this unfunded SB 1383 mandate. Those costs include the previously mentioned mandatory
procurement amounts to be issued by the State annually; the costs of inspection, monitoring
and reporting on all organic waste collection and processing; the creation, promotion, and
ultimate financial support for an edible food donation program; and additional reporting to
the State on a number of new organic waste program elements.
Staff is seeking City Council’s input on the above-proposed actions. Based on Council’s
direction, staff, working with the City Attorney’s Office, will implement the changes to
commercial and multi-family waste hauling program to meet State mandates.
ALTERNATIVES CONSIDERED:
The City may consider continuing to operate its waste collection and recycling program as
is. However, this will lead to incompliance with the State regulations and mandates, which
will lead to subsequent fines. It will also limit the City’s capacity to receive State grants and
incentives to implement new programs. Staff does not recommend this option.
6
FISCAL REVIEW:
Fiscal impact is not known at this time.
LEGAL REVIEW:
The City Attorney’s Office has reviewed SB 1383 regulations, model franchise agreements
the State has provided and has been involved in the various alternatives City staff has
considered to date.
CITY COUNCIL GOALS & PRIORITIES:
This project supports the following City Council Goals –
Goal 2: Improve our Neighborhoods and Quality of Life
Goal 3: Keep the City Fiscally Sustainable
CONCLUSION
This staff report is to inform the City Council on the recently approved SB 1383 regulations
and the significant impacts it will have on the City and its solid waste collection and recycling
programs. Staff recommends that the City Council allow staff to proceed with the suggested
alternative, utilizing a formal franchise agreement to secure needed SB 1383 compliance
assistance from current permitted haulers coupled with revisions to the CMMC. Staff will
bring the necessary ordinance as well as the franchise agreements to Council before the
end of the first quarter 2021 for consideration and approval.
_____________________________ _____________________________
SALEM AFEWORKI RAJA SETHURAMAN
Energy and Sustainability Manager Public Services Director
_____________________________ ______________________________
CAROL MOLINA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENT: 1. Presentation: An Overview of SB 1383’s Organic Waste
Reduction Requirements
1
STUDY SESSION AGENDA
REPORT
MEETING DATE: JANUARY 12, 2021 ITEM NUMBER:
SUBJECT: SB 1383: ORGANIC WASTE COLLECTION AND PROCESSING, AND
RECYCYLING PROGRAMS - REGULATORY IMPACTS AND
REQUIRED ACTIONS
DATE: JANUARY 5, 2021
FROM: PUBLIC SERVICES DEPARTMENT / ADMINISTRATION
PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
SALEM AFEWORKI, ENERGY AND SUSTAINABILITY
SERVICES MANAGER
FOR FURTHER INFORMATION
CONTACT:
SALEM AFEWORKI, LEED GA, ENV SP
ENERGY AND SUSTAINABILITY SERVICES
MANAGER, (714) 754-5343
RECOMMENDATION:
Provide direction on actions required to achieve compliance with SB 1383, mandating
Organic Waste collection and processing, and recycling programs.
BACKGROUND:
Senate Bill 32 (Pavley, Chapter 249, Statutes of 2016) established regulations related to
sources of emissions of greenhouse gases (GHG), as follow-up regulations to the
California Global Warming Solutions Act, also known as Assembly Bill 32 of 2006. SB 32
requires that there be a reduction in GHG emissions to 40% below the 1990 levels by
2030. This builds on AB 32’s existing mandate to reduce statewide emissions to 1990
levels by 2020.
Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) codifies the California Air Resources
Board's Short-Lived Climate Pollutant Reduction Strategy, as it relates to reduction in the
emissions of short-lived climate pollutants such as methane from solid wastes. SB 1383 final
regulations that was approved by the Office of Administrative Law on November 3, 2020,
prescribe specific actions local jurisdictions must take to reduce short-lived climate
pollutants related to solid waste collection and processing, and includes new stipulations on
acceptable waste segregation and processing practices, as well as City procurement
responsibilities.
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ANALYSIS:
SB 1383 is the most significant waste reduction mandate the State of California has adopted
in the last 30 years. It requires the State to reduce organic waste by 75% by 2025, which
equates to over 20 million tons annually. The law also requires the State to increase edible
food recovery by 20%. Since the law establishes statewide targets, a prescriptive approach
to compliance is being used. This is very different from AB 939 (Integrated Waste
Management Act), which set jurisdictional waste diversion mandates and allowed local
governments to develop their own programs for reaching compliance.
Mandatory commercial recycling (AB 341, Chesbro, Chapter 476, Statutes of 2011) and
mandatory commercial organics recycling (AB 1826, Chesbro, Chapter 727, Statutes of
2014) are incorporated into SB 1383 regulations. Both these mandates (AB 341 and AB
1826) make local jurisdictions ultimately responsible for ensuring 100% compliance. SB
1383 further stipulates the implementation of residential organic waste recycling programs
and make local jurisdictions directly responsible for the following actions, starting on January
1, 2022:
Providing organic waste collection to all mandated residents and businesses.
Establishing an edible food recovery program.
Conducting outreach and education to all affected parties.
Performing capacity planning covering 15 years for organic waste diversion from
landfills.
Procuring recycled organic waste products (i.e. compost, mulch and renewable
natural gas) at levels to be prescribed by the State annually. Such procurement
standards must also be incorporated into a new City ordinance.
Establishing (via ordinance and otherwise) all required enforcement protocols that
include a schedule of fines for non-compliant entities. This ordinance must match
State-developed standards, including minimum fine structure.
Failure by a local jurisdiction to enact and undertake all SB 1383 responsibilities will result
in it being deemed non-compliant and thus subject to fines of up to $10,000 per day. While
the State is suggesting that 2022 and 2023 will be non-adversarial years where the State
will only provide guidance and technical assistance, the regulations do not preclude fines
during this “grace” period.
Waste Collection and Recycling Programs in Costa Mesa
The Public Services Department oversees all commercial waste collection and recycling
services while the Costa Mesa Sanitary District administers residential waste collection
services for single-family and multi-family up to four units. The City uses a non-exclusive
franchise system, consisting of 11 haulers, to manage trash and recycling service to multi-
family (5 or more units) and business properties, as well as any for-hire hauling of temporary
waste collection containers from construction and deconstruction projects. Six (6) of these
haulers provide recurring collection service to businesses and multi-family properties under
SB 1383 regulations. The City also has a permit system that allows contractors to self-haul
the waste generated by their primary business activity (i.e. roofing, land grading, etc.). Both
the commercial non-exclusive franchise and the contractor self-haul permit system provide
competition to keep collection service rates among the lowest in the County.
City staff is responsible for monitoring and reporting the implementing of various citywide
programs to comply with the State solid waste and recycling mandates including AB 339,
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AB 341, AB 1826 and now with SB 1383. To date, the City has complied with the
requirement to provide organic waste collection. The City has allowed businesses and multi-
family commercial properties (under the City franchise) to voluntarily comply with both AB
341 and AB 1826. Due to the voluntary nature of the requirement, the City compliance rate
is currently under 60%.
Prior to the adoption of SB 1383 regulations, the City notified all permitted haulers that
voluntary compliance efforts among their customers must show substantial year-over-year
improvements (prior to issuance of both calendar year 2019 and 2020 permits). In early
2020, staff determined that voluntary efforts were proving insufficient, as shown in the table
below:
Work then began on investigating alternatives from among those previously developed
through discussions with the State (CalRecyle), and was presented to haulers in 2019 and
2020 during the annual permit renewal process. Staff shared the following options with City
permitted haulers as contemplated City actions to get to 100% compliance:
1. Require haulers to offer AB 1826 compliance program to specific customers and
report the status of these efforts to the City’s consultant. This requirement will have
a set timeline (estimated at 30 days) and will result in either program
implementation or disclosure by the hauler of the reason why their customer
declined to come into compliance.
2. City established targets for customer compliance with AB 341 and AB 1826. Under
this option, the City would set and periodically increase a minimum percentage of
customers that each hauler is required to have in compliance with State recycling
mandates. Haulers failing to meet these requirements will be noticed and if the
required level of compliance is not reached in the subsequent quarter; their permit
will be revoked.
3. Require all haulers to institute all-inclusive service pricing, thus eliminating
voluntary specific subscription service options/costs for AB 341 and AB 1826
compliant programs. All customers under this franchise would then be required to
have programs provided by their hauler to bring them into compliance with all State
mandated recycling programs. The only exemptions to this all -inclusive pricing
requirement would be locations that can demonstrate, to the City’s satisfaction,
that they have internal or third party programs that are fully compliant with State
mandates or locations that are exempted from State mandates. All such
exemptions must be reported to and approved by the City. These locations would
then be able to subscribe to lesser hauler-provided services and avoid all-inclusive
pricing. Haulers failing to meet these requirements will have their permits revoked.
4. The City will issue a RFP and select a single hauler to provide all multi -family
service under an exclusive franchise.
5. The City will issue a RFP and select a single hauler to provide all commercial
service under an exclusive franchise.
Mandated Mandated Businesses Multi-Family Compliance
Year Businesses Multi-Family Total in Compliance in Compliance Total %
2019 566 540 1106 84 540 624 56.42%
AB 1826 Compliance Tracking
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City staff initially considered the combination of mandating haulers to provide State-required
programs to all their customers under all-inclusive pricing (Option 3 above), and developing
an exclusive franchise for commercial multi-family service (Option 4 above). However,
following a series of meetings with permitted haulers and discussions with the City
Aattorney’s Office regarding the evergreen provisions of the City’s current permit system (7-
year automatic renewal), and the extensive new service, monitoring, and reporting
requirements contained in recently approved SB 1383, revisions to the above alternatives
was required.
With the concurrence of all permitted haulers, the development of a non-exclusive franchise
agreement covering all services (business and multi-family) is now the recommended
alternative. in connection with revisions to the provisions of the Costa Mesa Municipal Code
(CMMC) governing solid waste collection as needed pursuant to SB 1383. See CMMC Title
8, Chapter IV (Garbage, Rubbish and Weeds). This new agreement will incorporate all SB
1383 requirements, which cover both business and multi-family service. It will also
incorporate facility capacity guarantees that are needed from all haulers, not just those
providing multi-family service. Regarding pricing structure, this agreement will establish a
uniform organic waste collection program with established rates for various organic waste
recycling containers and service frequencies. This structure will still allow hauler competition
in both trash and recycling rates. Since all haulers can transition to the new agreement
structure, concerns regarding the evergreen permit will be eliminated by design.
The new franchise agreement is the much-needed vehicle to address abandoned and bulky
item collection in City-franchise areas, establish a uniform Christmas tree collection
program, and developing more uniform and consistent program messaging throughout the
City.
Staff suggests the following schedule for meeting SB 1383 requirements by the January 1,
2022 date:
End January andof January February 2021 - Draft model franchise agreement
circulated to all interested haulers for review and comment.
February and March 2021 – Have meetings with each hauler to finalize and executethe
language of their new the model agreements.
February and March 2021 – Develop the City’s SB 1383 “enforcement” and
“procurement” ordinances, following the CalRecycle (State) model.
March and April 2021 - Prepare SB 1383 compliance package for City Council’s input,
review and approval. The package will include thea model executed proposed hauler
franchise agreements and the two (2) ordinances required by SB 1383.
April 2021 - New franchise agreement starts. All Tier 1 (AB 1826) commercial properties
start mandatory compliance service through franchised haulers (both AB 341 and AB
1826). City to provide third Party/Internal Program Form for locations asserting
compliance independent of hauler programs.
July 2021 - All Tier 2 (AB 1826) commercial properties start mandatory compliance
service through franchised haulers (both AB 341 and AB 1826). City provides third
Party/Internal Program Form for locations who may wish to assert compliance
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independent of hauler programs. City to determine if hauler compliance program(s) is
required. If not, then quarterly reporting of third Party/Internal Program diversion is
required to maintain exemption from mandatory service.
August 2021 - All Tier 3 and Tier 4 locations notified of mandatory service requirements.
Both exemption forms and third Party/Internal program forms provided with notice that
mandatory service will begin rollout at Tier 3 locations on September 15, 2021 and Tier
4 locations on October 15, 2021. City must approve a submitted form prior to these dates
or containers will be delivered and program charges incurred.
Mid-September 2021 - All Tier 3 (AB 1826) locations start mandatory compliance
service through franchised haulers (both AB 341 and AB 1826).
Mid-October 2021 - All Tier 4 (AB 1826) locations start mandatory compliance service
through franchised haulers (both AB 341 and AB 1826).
October 2021 - All commercial multi-family properties notified of mandatory food waste
recycling service starting on January 1, 2022, with program rollout commencing in
November/December depending upon property size (largest first). Each location also
provided third Party/Internal Program form and notified that contracted landscaper name
and diversion facility used is required to avoid addition green waste service and related
charges. Annual tonnage and compliance verification required to avoid mandatory green
waste service in future years.
January 1, 2022 - All commercial business and multi-family food waste recycling
containers in place.
Another component of the new franchise agreement is instituting a new compliance and
agreement support fee to offset a portion of the new costs being placed upon the City by
this unfunded SB 1383 mandate. Those costs include the previously mentioned mandatory
procurement amounts to be issued by the State annually; the costs of inspection, monitoring
and reporting on all organic waste collection and processing; the creation, promotion, and
ultimate financial support for an edible food donation program; and additional reporting to
the State on a number of new organic waste program elements.
Staff is seeking City Council’s input on the above-proposed actions. Based on Council’s
direction, staff, working with the City Attorney’s Office, will implement the changes to
commercial and multi-family waste hauling program to meet State mandates.
ALTERNATIVES CONSIDERED:
The City may consider continuing to operate its waste collection and recycling program as
is. However, this will lead to incompliance with the State regulations and mandates, which
will lead to subsequent fines. It will also limit the City’s capacity to receive State grants and
incentives to implement new programs. Staff does not recommend this option.
FISCAL REVIEW:
Fiscal impact is not known at this time.
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LEGAL REVIEW:
The City Attorney’s Office has reviewed SB 1383 regulations, model franchise agreements
the State has provided and has been involved in the various alternatives City staff has
considered to date.
CITY COUNCIL GOALS & PRIORITIES:
This project supports the following City Council Goals –
Goal 2: Improve our Neighborhoods and Quality of Life
Goal 3: Keep the City Fiscally Sustainable
CONCLUSION
This staff report is to inform the City Council on the recently approved SB 1383 regulations
and the significant impacts it will have on the City and its solid waste collection and recycling
programs. Staff recommends that the City Council allow staff to proceed with the suggested
alternative, utilizing a formal franchise agreement to secure needed SB 1383 compliance
assistance from current permitted haulers coupled with revisions to the CMMC. Staff will
bring executed agreements, the necessary and the procurement and enforcement
ordinance as well as the franchise agreements s to Council before the end of the first quarter
2021 for consideration and approval.
_____________________________ _____________________________
SALEM AFEWORKI RAJA SETHURAMAN
Energy and Sustainability Manager Public Services Director
_____________________________ ______________________________
CAROL MOLINA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENT: 1. Presentation: An Overview of SB 1383’s Organic Waste
Reduction Requirements
DISTRIBUTION:
City Manager
Assistant City Manager
City Attorney
City Clerk
Staff
File
SB 1383
Reducing Short-Lived
Climate Pollutants in
California
An Overview of SB 1383’s
Organic Waste Reduction
Requirements
Organic Waste Is the Largest Waste Stream in California
CALIFORNIA DISPOSED OF
APPROXIMATELY
27 MILLION TONS OF
ORGANIC WASTE IN 2017
California’s Waste Stream
Non-Organic
Waste 33%
Other
Organics
19%
Paper 18%
Food 18%
Lumber
12%
IN CALIFORNIA, MILLIONS ARE
FOOD INSECURE
1 IN 8 CALIFORNIANS
1 IN 5 CHILDREN
CALIFORNIA THROWS AWAY
MORE THAN 6 MILLION TONS
OF FOOD WASTE EVERY YEAR!
CLIMATE CHANGE NEGATIVELY IMPACTS CALIFORNIA
Landfilled Organic Waste Emits
Methane Gas—
A Super Pollutant
More Powerful than C02
Methane Gas Contributes to
Climate Change in California
20 PERCENT INCREASE IN RECOVERY OF CURRENTLY
DISPOSED EDIBLE FOOD2025
75 PERCENT REDUCTION IN LANDFILLED ORGANIC WASTE
(5.7 Million Tons Allowed Organic Waste Disposal)2025
REGULATIONS TAKE EFFECT2022
50 PERCENT REDUCTION IN LANDFILLED ORGANIC WASTE
(11.5 Million Tons Allowed Organic Waste Disposal)2020
SB 1383 Requirements
SB 1383 Key Implementation Dates
2016-2019
September
2016
SB 1383 Adopted
Jan. 2019
Two Years of
Informal Rulemaking
Ends. Formal
Rulemaking Begins
Late 2019/Early 2020 20% Increase in
Edible Food
Recovery
75% Reduction
in Organics
Disposal
January 1, 2025
2025
Regulations Require
Local Governments
to Take Enforcement
Jan. 1, 2024
20242023
Regulations Take
Effect and State
Enforcement
Begins
Jan. 1, 2022
20222021
50 Percent
Reduction in Organic
Waste Disposal
Jan. 1, 2020
2020
Regulations Adopted
Starting January 1, 2024
Jurisdictions must take
action against non
compliant entities
2024
Capacity Planning
Procurement
Conduct Education and
Outreach
Establish Edible Food
Recovery Program
Provide Organics Collection
Service to All Residents and
Businesses
2022
SB 1383 Key Jurisdiction Dates
Monitor Compliance
and Conduct
Enforcement
Secure Access to
Recycling and Edible
Food Recovery Capacity
Procure Recyclable and
Recovered Organic
Products
Conduct Education and
Outreach to Community
Establish Edible Food
Recovery Program
Provide Organics
Collection Services to All
Residents and Businesses
Jurisdiction Responsibilities –Where We Are
Makes Haulers an
Active Partner in
Monitoring & Reporting
Allows City to
Contractually Establish
Organic Waste Recovery
Capacity
Credit for RNG Use by
Hauler Fleets Against
City Procurement
Requirements
Requires Haulers to
Conduct Education and
Outreach to Community
Requires Haulers to
Report on Edible Food
Recovery Program
Provides Needed
Collection, Service &
Monitoring Assistance
Formal City Franchise Agreement Solution
https://www.calrecycle.ca.gov/organics/slcp
City Compliance –What Has Been Done
January 2016 •City adopted its AB 1826 program as required by CalRecycle
2017-2019
•City added various permit requirements to keep in compliance with AB 1826.
City adopts new ordinance establishing contractor self -haul permit program to
ensure CalGreen compliance. Performed all required education and outreach
and showed year-over-year progress.
2020
•Developed required informal plan with CalRecycle staff. Held meetings to
discuss SB 1383 compliance steps with haulers. Sent out notices to all haulers
ending current “evergreen” permit (6 years remaining). Built 100% support of
recurring service haulers to opt-out of permit and execute formal franchise
agreement.
3rd & 4th Quarter 2020
•Developed draft code revisions to support new franchise agreement. Obtained
State model ordinances for SB 1383 compliant procurement and enforcement.
Presenting SB 1383 requirements to City Manager. Provide City attorney with
draft franchise agreement and State model agreement containing all SB 1383
regulatory requirements.
https://www.calrecycle.ca.gov/organics/slcp
Timeline to Ensure City Compliance
1st Quarter 2021 City finalizes agreements with all haulers. City Council approves code revision and new
hauler agreements. City begins lobbying County for surcharge & countywide edible food
donation program. City approves new procurement and enforcement ordinances.
2nd Quarter 2021 Waste hauling franchise (under new agreement) starts. Tier 1 (large organic waste
generators) falls under hauler-mandate to provide all required service. Forms to certify
third-party and/or internal recycling programs concurrently provided to Tier 1 generators.
City approved forms or hauler services in place at 100% of these locations.
3rd Quarter 2021 Tier 2 (4 cyd organic waste generators) have mandated service. Edible food donation
reporting requirement starts for Tier 1 & 2 locations. Exemption form distributed to Tier 2
objecting to mandatory program. Third-party form distributed to all Tier 2 locations. City
approved forms or mandated service in place. Tier 3 & 4 notified and forms provided.
4th Quarter 2021 Tier 3 & 4 (small volume organic waste generators) fall under mandated service or are
granted City-issued exemptions. All new monitoring and reporting programs installed. CY
2022 procurement planning. Select and start City-based food donation program if efforts
with the County are not successful.
Deep Dive –For Later Review
Public
Transportation
Fleets
Environmental
Health
Public
Parks
Public
Works
Purchasing
Finance
Legal
City Manager
CAO
City Council
Board of
Supervisors
SB 1383 doesn’t just apply
to waste management and
recycling departments.
Every local department
plays a role in SB 1383
implementation.
SB 1383 IN ACTION
LOCAL GOVERNMENT
ROLES AND
RESPONSIBILITIES
•Minimum contamination monitoring and reduction requirements
•Collection waivers authorized for certain documented circumstances
One-Container Collection Service
•One container for collection of mixed waste (subject to
75% organic content recovery standard)
Two-Container Collection Service
•One container for collection of segregated
organic waste
•One container for collection of mixed waste
(subject to 75% organic content recovery standard)
Three-Container “source separated” Collection
Service
•Organics prohibited from black container
•All organic waste segregated for collection and
recycling
Organic Waste Collection Services
Provide organics collection
service to all residents and
businesses
SB 1383 IN ACTION
JURISDICTION
REQUIREMENTS
Ensure
Commercial
Edible Food
Generators Have
Access to Food
Recovery Services
Monitor
Commercial Edible
Food Generators
for Compliance
Expand Existing
Food Recovery
Capacity
(if needed)
Identify Existing
Food Recovery
Capacity
JURISDICTION REQUIREMENTS
Establish Edible Food
Recovery Program
SB 1383 IN ACTION
EDIBLE FOOD
RECOVERY
PROGRAM
Appropriate educational material must be provided to
linguistically isolated households
Jurisdictions May Supplement
with Direct Communication.
Jurisdictions must provide print
or electronic communication.
Annually educate all organic waste generators, commercial edible
food generators, and self-haulers about relevant requirements
JURISDICTION REQUIREMENTS
Conduct Education and
Outreach to Community
SB 1383 IN ACTION
EDUCATION
REQUIREMENTS
Close
the
Loop
PAPER PROCUREMENT
REQUIREMENTS
•Recycled Content
•Recyclability
COMPOST, RNG & ELECTRICITY
•Minimum Procurement
JURISDICTION REQUIREMENTS
Procure Recycled and
Recovered Organic
Products
SB 1383 IN ACTION
PROCUREMENT
REQUIREMENTS
Model Water Efficient
Landscape Ordinance
(MWELO) requirements for
compost and mulch
application.
Recycling organic waste
commingled with C&D
debris, to meet CalGreen
65% requirement for C&D
recycling in both residential
and non-residential projects
Construction & Landscaping Requirements
SB 1383 Requires 50-100
New or Expanded
Organic Waste Recycling Facilities
ORGANIC WASTE RECYCLING INFRASTRUCTURE
Evaluating Current
Infrastructure and Planning
New Compost and AD
Facilities and Edible Food
Recovery
SB 1383 IN ACTION
INFRASTRUCTURE
REQUIREMENTS
Annual Compliance
Reviews
Route Reviews,
Inspections,
Notice of Violations,
Penalties for
Violators
Compliance
Monitoring &
Enforcement
2024
Annual
Compliance
Reviews, Route
Reviews,
Inspections
Educate Violators
Compliance
Monitoring &
Education
2022-2024
Adopt an Ordinance
(Enforceable
Mechanism)
Including
Enforcement
Ordinance
2022
JURISDICTION REQUIREMENTS
Monitor Compliance and
Conduct Enforcement
SB 1383 IN ACTION
INSPECTION AND
ENFORCEMENT
REQUIREMENTS
Requirements Harmonize with AB 1826 and Don’t
Establish a Minimum Quantity of Physical Inspections
Must Have Enforcement and Inspection
Program that Includes:
•Annual Compliance Review
•Commercial Businesses that Generate >2 Cubic Yards/week
•Verify Businesses are:
•Subscribed to Service or Self-hauling
•2 or 3 Container Collection Service: Route Reviews of
Commercial/Residential Areas to Verify Service and Inspect for
Contamination
•Single Unsegregated Collection Service: Verify Businesses are
subscribed to a service that is Transporting Contents to a High
Diversion Organic Waste Processing Facility
J URISDICTIONENFORCEMENTREQUIREMENTS
Commercial Edible Food Generator Inspections Can Be
Combined with Existing Mandatory Inspections
Must Have Enforcement and
Inspection Program that Includes:
•Inspections to verify:
•Edible food Recovery arrangements
•Tier 1 Commercial Edible Food Generators by
2022
•Tier 2 Commercial Edible Food Generators by
2024
J URISDICTIONENFORCEMENTREQUIREMENTSONCOMMERCIALFOODGENERATORS
Jurisdiction
Inspection &
Enforcement
Commercial
Edible Food
Generators
Recycled
Paper
Procurement
Recycled
Organic Waste
Procurement
Edible Food
Recovery
Program
Education &
Outreach
WaiversContamination
Minimization
Hauler
Program
Organic
Collection
Services
Recordkeeping Requirements:
Maintain Records and
Report to CalRecycle
SB 1383 INACTION
JURISDICTION
REQUIREMENTS
If Violations
•Issue Notices of
Violation
•May Authorize
Corrective
Action Plan
•Allows up to 24
months to
address barriers
outside of a
jurisdiction’s
control
Oversee and
Monitor for
Compliance
Jurisdiction Review
•Conduct joint
inspections with
jurisdictions
•Review
Implementation
Record
Authorize Waivers
•Low Population
•Rural Areas
Emergency
Circumstances
Oversee and Monitor
•State Agencies
and Facilities
•Local Education
Agencies
CALRECYCLE OVERSIGHT (BEGINS IN 2022)
STATE
ENFORCEMENT
1/ 11/2021
Re: SB 1383 Organic Waste Collection and Processing, and Recycling Programs - Regulatory Impacts and
Required Actions
Dear City Council,
The staff report is well written. I hope Costa Mesa will provide other Cities a more sustainable and effective
example to comply with SB 1383. There’s an increasing ur gency to address organic waste, landfill diversion,
methane and other greenhouse gas reduction measures.
According to the U.S. Food & Drug Administration, “In the United States, food waste is estimated at between
30–40 percent of the food supply.” In addition, a big problem with organic waste is huge methane emissions
from landfills of which a sizable fraction escape, California Air Resources Board reports 8.63 million tons CO2eq
annually escape. According to the U.S. Environmental Protection Agency, “Methane is the second most
abundant anthropogenic GHG after carbon dioxide (CO 2), accounting for about 20 percent of global emissions.
Methane is more than 25 times as potent as carbon dioxide at trapping heat in the atmosphere .” According to
Environmental Defense Fund, “In the first two decades after its release, methane is 84 times more potent than
carbon dioxide.” The EPA also stated, “Because methane is both a powerful greenhouse gas and short-lived
compared to carbon dioxide, achieving significant reductions would have a rapid and significant effect on
atmospheric warming potential.”
Fortunately, CR&R provides a world class solution with their anaerobic digestion (AD) facility in Perris, that
helps us meet important climate goals.
I have a few thoughts on the procurement requirements by SB 1383 as shown in the CalRecycle PowerPoint:
Recycled Paper: Please start buying recycled paper products immediately. For example, Sprouts sells 100%
recycled toilet paper, wrapped in paper, not plastic. (And this is Buy Local.)
Renewable Natural Gas (RNG): Thanks to Mayor Pro Tem Andrea Marr for explaining why SoCal Gas’s RNG is
problematic at the 2/29/2019 council meeting after SoCal Gas’s presentation. (So far, at least 13 Cities in OC
have adopted SoCal Gas’s balanced energy resolution, which is the gas company’s attempt to perpetuate the
use of fracked fossil natural gas.) Unfortunately, there are issues with distribution of CR&R’s RNG from Perris
because of likely leaks in the gas transmission pipes. UC Davis reported: "Use of landfill gas on-site instead of
being sent elsewhere via pipeline reduces carbon emissions by up to 67%, indicatin g a clear climate benefit to
avoiding pipeline transmission." Due to the potential leakage through the pipeline from Perris to Costa Mesa , I
hope some kind of improvement can be done, all the gas can be used onsite to make energy and fuel trucks.
Compost: Does CR&R mixes anything with the organic waste it collects? At LA County Sanitation Districts’ AD
facility, “the food waste is mixed with the sewage sludge, so the resulting compost is not suitable to use
directly on many food crops.” Ideally, the digestate remaining after anaerobic digestion at the Perris facility is
ready to be used as good quality compost for growing more food. This is what we all want, closing the
recycling loop for true sustainability.
Thank you!
Hoiyin Ip
STAY
ENGAGED
https://www2.calrecycle.ca.gov/Listservs/
Subscribe/152
https://www.calrecycle.ca.gov/organics/slcp
Michael Balliet
City Consultant