HomeMy WebLinkAbout2021-07-13 - AGENDA REPORTS - SB 619 (2)Agenda Item: 6
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CONSENT CALENDAR
CITY OF SANTA CLARITA
AGENDA REPORT
CITY MANAGER APPROVAL:
DATE: July 13, 2021
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SUBJECT: STATE LEGISLATION: SENATE BILL 619
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to support Senate
Bill 619 (Laird) and transmit position statements to Senator Laird, Santa Clarita's state
legislative delegation, appropriate legislative committees, Governor Newsom, League of
California Cities, and other stakeholder organizations.
BACKGROUND
Authored by Senator John Laird (D-17-Santa Cruz), Senate Bill 619 delays the ability for the
California Department of Resources Recycling and Recovery (CalRecycle) to impose a penalty
on a local government, related to recently adopted organic waste regulations, until January 1,
2023.
In September 2016, Governor Brown signed Senate Bill 1383 (Chapter 395, Statutes of 2016),
which, among other things, set methane emission reduction targets to reduce landfill disposal of
organic waste by 75 percent of 2014 levels by 2025. Additionally, Senate Bill 1383 required
CalRecycle to adopt regulations for local governments to achieve those targets and required the
regulations to take effect on January 1, 2022.
Furthermore, Senate Bill 1383 authorized CalRecycle to impose penalties on local governments
that were found to be non -compliant with the regulations, beginning on January 1, 2022.
CalRecycle adopted final regulations in November 2020, which include the following
requirements for local governments:
• Provide organic waste collection to all residents and businesses;
• Establish an edible food recovery program that recovers edible food from the waste
stream;
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Conduct outreach and education to all affected parties, including generators and waste
haulers;
Procure recycled organic waste products like compost, mulch, and renewable natural gas;
and
• Inspect and enforce compliance with Senate Bill 1383.
Senate Bill 619 delays the ability for CalRecycle to impose penalties on local governments that
are found to be non -compliant with the aforementioned regulations by one year to January 1,
2023. Additionally, Senate Bill 619 adds that a penalty may only be imposed if CalRecycle finds
that a local government did not make a reasonable effort, as determined by the department, to
comply with the regulations.
Ultimately, Senate Bill 619 offers the City additional time to implement the requirements
established by Senate Bill 1383. This includes finalizing residential and commercial solid waste
franchise agreements, establishing a local mulch and compost procurement and distribution
process, securing necessary funding for the implementation of the regulations, and developing a
local food recovery program.
Senate Bill 619 passed the Senate (35-0-5) on May 20, 2021. Senator Scott Wilk (R-21-Santa
Clarita) and Senator Henry Stem (D-27-Calabasas) voted in support of the bill. On June 23,
2021, Senate Bill 619 unanimously passed the Assembly Natural Resources Committee (11-0)
and referred to the Assembly Appropriations Committee.
Notable supporters include 38 cities, including Whittier, Moorpark, La Canada Flintridge, and
Glendora; League of California Cities; and American Public Works Association California
Advocacy Committee.
Notable opponents include the City of Winters, Yolo Climate Emergency Coalition, and Yolo
Food Bank.
The City Council Legislative Committee met on June 22, 2021, and recommends that the City
Council adopt a "support" position on Senate Bill 619.
ALTERNATIVE ACTION
1. Adopt an "oppose" position on Senate Bill 619.
2. Adopt a "neutral" position on Senate Bill 619.
3. Take no action on Senate Bill 619.
4. Refer Senate Bill 619 back to the Legislative Committee.
5. Other direction, as provided by the City Council.
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FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2021-22 budget.
ATTACHMENTS
Senate Bill 619 - Bill Text
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6.a
AMENDED IN SENATE APRIL 13, 2021
AMENDED IN SENATE MARCH 10, 2021
SENATE BILL
Introduced by Senator Laird
February 18, 2021
No. 619
An act to amend Section 42652.5 of the Public Resources Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 619, as amended, Laird. Organic waste: reduction regulations.
Existing law requires the State Air Resources Board to complete,
approve, and implement a comprehensive strategy to reduce emissions
of short-lived climate pollutants in the state to achieve, among other
things, a reduction in the statewide emissions of methane by 40%.
Existing law requires the methane emissions reduction goals to include
specified targets to reduce the landfill disposal of organics. Existing
law requires the Department of Resources Recycling and Recovery, in
consultation with the state board, to adopt regulations to achieve those
targets for reducing organic waste in landfills, and authorizes those
regulations to require local jurisdictions to impose requirements on
generators or other relevant entities within their jurisdiction, to authorize
local jurisdictions to impose penalties on generators for noncompliance,
and to include penalties to be imposed by the department for
noncompliance. Existing law provides that those regulations shall take
effect on or after January 1, 2022, except that the imposition of penalties
by local jurisdictions pursuant to the regulations shall not take effect
until 2 years after the effective date of the regulations.
Thi,3 N.11 vvfald d:1.aythe January
Wiz, to January- of an u113px Sed-j�car, and vvald p rridc that
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SB 619 — 2 —
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a , r i r, ,
lv f�✓�lAt""� 1�/iUlfvilly �1Ji18 lfl offeet
as-4 D„wlibvc 31, 2-021, Shall bc, an unspzvf ad amciant of years after
dic c�p✓� t _'� a��� ;a�r.;��a `dic rvgulatic�n3. The bd1 vvald dJ�ay
thc, impooitio-n c ' lo,'al juriidic6o—n3 and the dc,�rtni:rut
par3uant4o-A,hc rvgulatislts�, Jafivary-1 4 an unipv: -�var and
Wald auth:firLc the-dep&rtnlcnl to devv/liop l,00la and itw AidV'eS�
c,axfarag;, .. ufd crarly-aetion-by lo, ml juri3dic6sx�
This bill, until January 1, 2023, would require the department to only
impose a penalty on a local jurisdiction, and would require a penalty
to only accrue, for a violation of the regulations if the local jurisdiction
did not make a reasonable effort, as determined by the department, to
comply with the regulations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 42652.5 of the Public Resources Code is
2 amended to read:
3 42652.5. (a) The department, in consultation with the State
4 Air Resources Board, shall adopt regulations to achieve the organic
5 waste reduction goals for 2020 and 2025 established in Section
6 39730.6 of the Health and Safety Code. The regulations shall
7 comply with all of the following:
8 (1) May require local jurisdictions to impose requirements on
9 generators or other relevant entities within their jurisdiction and
10 may authorize local jurisdictions to impose penalties on generators
11 for noncompliance.
12 (2) Shall include requirements intended to meet the goal that
13 not less than 20 percent of edible food that is currently disposed
14 of is recovered for human consumption by 2025.
15 (3) Shall not establish a numeric organic waste disposal limit
16 for individual landfills.
17 (4) May include different levels of requirements for local
18 jurisdictions and phased timelines based upon their progress in
19 meeting the organic waste reduction goals for 2020 and 2025
20 established in Section 39730.6 of the Health and Safety Code. The
21 department shall base its determination of progress on relevant
22 factors, including, but not limited to, reviews conducted pursuant
23 to Section 41825, the amount of organic waste disposed compared
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— 3 — SB 619
6.a
1 to the 2014 level, per capita disposal rates, the review required by
2 Section 42653, and other relevant information provided by a
3 jurisdiction.
4 (5) May include penalties to be imposed by the department for
5 noncompliance. If penalties are included, they shall not exceed
6 the amount authorized pursuant to Section 41850.
7 (6) Shall take effect on or after January 1, 2022, except the
8 imposition of penalties pursuant to paragraph (1) shall not take
9 effect until two years after the effective date of the regulations.
10 (b) Until January 1, 2023, the department shall only impose, in
11 accordance with the enforcement procedures specified in Section
12 18996.2 of Title 14 of the California Code of Regulations, a penalty
13 on a local jurisdiction, and a penalty shall only accrue, for a
14 violation of the regulations if the local jurisdiction did not make
15 a reasonable effort, as determined by the department, to comply
16 with the regulations.
17 (-b)
18 (c) A local jurisdiction may charge and collect fees to recover
19 the local jurisdiction's costs incurred in complying with the
20 regulations adopted pursuant to this section.
21 SECTION 1. Code
22 6 arncrndM tom
23 4 tea) Th;, dcpartifteW, in „vi3ultuaon with `tale
24 Air RcocrarvvJ Dvatd, Shall ad✓V,-regulatiotts-1m, ft nio— e-th;, :.-game
25 waste redi i.7n go-aI3 for 2020 n 2n2c ,,%Hirbhod in 9;��
26 3"'�f-��,h and Safe�C-Ac. The rc/gulatio-n3 Shall
27 eomply with all of the fe-llowing.!
28 (1) May rcquirc, local jtuiidicfio-n3 to irnpoic rcquircaux-ib :ten
29 genem-,&f-s cl.- offi✓� ;ir juri3dicl�
30 may authchiz-, an gefterafors
31 f✓. no—n„uulJ.ianoc.
32 (2) mall inJudc nmquirrrnents inter e 4& meet the goal that
33 t i3 ✓arr. - d6po3cd
34 of i3 rev✓;eyed-fc/.- huruan „on3ur .
35 (3) mall rlc% U.i3h a slum✓ric :r ganic v agti d6poml limit
36 fch individual landf�
37 (4)- May in ludc dim refit level� �� r�uirv�n✓�its--f:✓: 1;,;�al
38 juri3&Ai✓:» and plia3cd tintt/in:r3 L-amd upon thuir lr.VJgt"3 in
39 meeting G ✓geanic V.'ftstG r\Auctlian goaI3 for 2020 and2025
40 estaU.6hM in ��r �"'�^.` �``,lic IIcaltli and Eaf-ety-C-Az. Tho
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SB 619 — 4 —
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I deparftnen.j" Jhall ba3i As determitiati0ft 0 prvgrcaa on relevuiri
2 fa-el,m, lnduding, liat not, limited to, i ownducoSA rfaraum-A
3 to Seeio-n 11 Q2 ;Ii; aru:rant$f dbpoocd „uuparvd
4 to the 20 ^ 'e •v., p✓r Japta di3p` oral rates, the revi rvquirvA try
5 Seetio, ^ "53, and :th�/r lrvaidM l'ry—a
6 juriadi;jioft-.
7 (5) May in:luk psxalt G iiiip,/jv l l/y
8 If p;rnaltico arm, includm, they shall n:t ✓���
9 dig rfarmant to Seeio-n 1185
10 (-6) mall ttke-eiee, o-n cl.- afvr Januai-- 1, . Thz :/p✓.uti-ve
11 datef ;radli of t iz rvquirvu✓-ib in tli; rvgulatio-w ict-+&eet-�
12 D✓✓✓uh✓i 31, 2: ^ I, shall be years after hc vpera�i've-cue
13 identified ozgulati:rna. Thz impooition of petiallicn shall nrot
14 take effee. until January 1, . The &✓�rtrnorit may -develop
15 -ocb and ictarntrves-diat ;rnvarag,- and rw.ur-,,i ;rarly--aetion-+y
16 lo,;ral jur6di,���
17 (b)--A locml juriodic6c/n may charg;, and „vlaef-€ cn to r�,w;er
18 Ihz 1o✓al ju ..thee.. '.. eosts inuarrud in c niplying with the
19 regul iwu ad:rpmSod Ffarauant-',lk; this awh4oti7
I
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