HomeMy WebLinkAboutF-1.1. SB 1383 Organics Recycling MandateINFORMATION ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY
BOARD
FROM: MANNY ROBLEDO, DIRECTOR OF UTILITIES
DATE: MARCH 22, 2021
SUBJECT: SENATE BILL 1383 (SHORT-LIVED CLIMATE POLLUTANTS) STATE
RECYCLING MANDATE
BACKGROUND:
In 2016, Senate Bill 1383 (Short-Lived Climate Pollutants) was signed into law in a statewide
effort to reduce short-lived climate pollutants, namely methane emissions created by organic
waste, dairy, and livestock. The bill sets statewide targets to reduce organic waste sent to
landfills and rescue at least 20% of edible food currently thrown away. Pursuant to SB 1383,
jurisdictions, including the City of Azusa, are required to require, by ordinance and enforcement
mechanisms, all residents and businesses to divert organic waste from landfills to recycling
facilities, recover at least 20% of edible food instead of throwing it away, and procure recycled
organic waste products for use within the City.
RECOMMENDATION:
Staff recommends the Utility Board take the following actions:
1)Receive and file the report on Senate Bill 1383 (Short-Lived Climate Pollutants) State
recycling mandate; and
2) Provide comments and direction to Staff as appropriate.
ANALYSIS:
SB 1383 is the most significant waste reduction mandate to be adopted in California in the last
30 years. It builds upon AB 1826, the Mandatory Commercial Organics Recycling Law, which
jurisdictions have been implementing since 2016. Methane emissions resulting from the
decomposition of organic waste in landfills are a significant source of greenhouse gas (GHG)
emissions contributing to global climate change. Organic materials account for a significant
portion of California's overall waste stream. Organic waste means food waste, green waste,
landscape and pruning waste, organic textiles and carpet, lumber, wood, paper products, printing
and writing paper, manure, biosolids, digestate, and sludge. Food waste alone accounts for
approximately 18% of total landfill disposal. The statewide goal is to reduce methane emissions
F-1Approved
Utility Board
3/22/21
SB 1383 State Recycling Mandate
March 22, 2021
Page 2
from organic waste disposed of in landfills by increasing food waste prevention, encouraging
edible food rescue, and expanding composting and organic waste anaerobic digestion facilities
throughout the state.
SB 1383 Statewide Goals:
• 2020: 50% reduction in landfilled organic waste
• 2022: Regulations take effect
• 2025: 75% reduction in landfilled organic waste
• 2025: 20% recovery of currently disposed edible food for human consumption
The California Department of Resources Recycling and Recovery (CalRecycle) will administer
and provide oversight to ensure that all jurisdictions are in compliance effective January 1, 2022.
The following summarizes the portions of the bill relevant to solid waste and recycling services
planning in the City of Azusa:
1) Provide organics collection services to all residents and businesses.
SB 1383 requires all residents and businesses subscribe to organic waste collection service,
which means providing service automatically and not relying on the generator to subscribe. The
law allows jurisdictions the option of offering three or two containers in which residents and
businesses separate materials for collection; or a single container collection system, in which
organic waste is collected with trash and recyclables. Organic waste commingled with other
materials must be processed at a high diversion organic waste processing facility that recovers
75% organic content.
Jurisdictions must track contamination of the organic waste stream with refuse and provide
training to residents and businesses with excessive contamination. Jurisdictions must focus on
education and training from 2022 to 2023, take enforcement action, and may impose penalties to
violators beginning in 2024. To provide a level of consistency, the color of containers throughout
California will be standardized to gray (trash), blue (non-organic recyclable), green (mixed food
waste and green waste), and brown, if food waste is separated from yard waste by 2036.
2) Pass a Mandatory Organics Recycling Ordinance.
Before January 1, 2022, jurisdictions are required to pass an ordinance to have an inspection and
enforcement program designed to ensure all trash generators recycle organic waste. Between
January 2022 and December 2023, the goal is to provide education and training to generators. On
January 1, 2024, jurisdictions shall begin to take enforcement actions for non-compliance with
the ordinance. However, CalRecycle will begin evaluating a jurisdiction’s compliance and will
notify deficiencies as early as January 1, 2022. The jurisdiction has 180 days to correct any
deficiencies identified during the evaluation. If not corrected, CalRecycle shall commence
enforcement actions and may assess penalties of up to $10,000 per day to jurisdiction for non-
compliance.
SB 1383 State Recycling Mandate
March 22, 2021
Page 3
3) Establish a program to recover 20% of edible food.
California sends 11.2 billion pounds of food to landfills, some of which was still fresh enough to
have been recovered to feed people in need. To reduce food waste and address food insecurity,
surplus food still safe to eat will instead go to food banks, soup kitchens, and other food recovery
organizations. Food recovery means collecting edible food that would otherwise go to waste and
redistributing it to feed people who do not have enough to eat. Edible food means food intended
for people to eat, including food not sold because of appearance, age, freshness, grade, size, and
surplus; prepared foods; packaged foods; and produce. All food donations must meet the safety
requirements of the California Retail Code. SB 1383 requires jurisdictions to establish an edible
program to recover 20% edible food instead of disposing in landfill. The law phases in two tiers:
Tier 1, January 1, 2022: supermarkets, grocery stores over 10,000 sq. ft., food service
provider, food distributor, and wholesale food vendor
Tier 2, January 1, 2024: restaurants ≥ 250 seats or 5,000 sq. ft.; hotels with onsite food
facility ≥ & 200 rooms; health facility with onsite food facility ≥ 100 beds; large events
and venues; state agency with cafeteria ≥ 250 seats or 5,000 sq. ft.; and schools with
onsite food facility
4) Conduct education and outreach to all affected parties.
SB 1383 requires jurisdictions to conduct education and outreach to all residents, businesses
(including those generating edible food that can be donated), facilities, and agencies on
collection service requirements, contamination prevention, self-haul requirements, edible food
recovery program, and overall compliance with SB 1383. Jurisdictions may comply by providing
information through print or electronic media or may conduct outreach through phone call,
workshops, meetings or on-site visits. Educational materials must also be provided to majority of
non-English speaking residents. Jurisdictions are required to keep records and report.
5) Procure recycled-content paper products and recovered organic products.
As California collects and recycles organic materials, local governments will be required to
procure annually, a quantity of recovered organic waste products, such as renewable gas, energy
from biomass conversion, compost, and mulch. These procurement requirements are aimed to
create a market for organic waste products that will drive investments and new green collar jobs
in the state.
Each jurisdiction will have an annual procurement target based on its population using the most
recent annual data reported by the Department of Finance. The annual per capita procurement
target is 0.08 tons of organic waste per California resident per year. Procurement doesn’t
necessarily mean purchase. For example, if a jurisdiction produces its own compost or mulch and
uses it in parks, it will count toward its procurement target. The law also requires jurisdictions
procure recycled-content paper products meeting Federal Trade Commission guidelines.
Jurisdictions will need to maintain records in order to show they have met their annual
procurement target and are required to report their procurement activities to CalRecycle
annually.
SB 1383 State Recycling Mandate
March 22, 2021
Page 4
6) Plan access to organic waste processing facility and edible food recovery facility.
The regulations require each jurisdiction to evaluate current infrastructure for organic waste
recycling and facility for edible food recovery and plan new infrastructure that will adequately
process future organic waste collection and edible food recovered. Each county will lead this
effort by coordinating with the cities in the county to assess existing, new or expanded capacity.
7) Report compliance and conduct enforcement.
Jurisdictions are required to maintain records and report annually to CalRecycle on organic
collection service compliance, waivers, education & outreach, edible food recovery program
outcome, procured organic waste products and recycled paper products, and all inspection and
enforcement activities. The initial jurisdiction compliance will be on April 1, 2022 followed by
another report on October 1, 2022 for the January-June period. On or before August 1, 2023; and
on or before, August each year thereafter, jurisdictions shall report for the period covering the
entire previous calendar year. All records must be kept in one central location and accessible to
CalRecycle staff within 10 business days and needs to be retained for five years.
Staff is in negotiations with Athens Services, its exclusive solid waste collection and recycling
contractor, to provide the services mandated by SB 1383, including organic waste collection and
recycling, customer education and outreach, edible food recovery program, compliance
reporting, and enforcement. Staff will present proposed actions to comply with SB 1383 for City
Council consideration in subsequent meetings.
FISCAL IMPACT:
There is no fiscal impact associated with the presentation.
Prepared by: Reviewed and Approved:
Liza Sagun Manny Robledo
Environmental Programs Specialist Director of Utilities
Reviewed by: Reviewed and Approved:
Paul Reid Sergio Gonzalez
Environmental Programs Manager City Manager