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HomeMy WebLinkAbout2022-02-08 - AGENDA REPORTS - INTENT TO COMPLY SB 1383 REGSO Agenda Item: 9 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: February 8, 2022 SUBJECT: NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS DEPARTMENT: Neighborhood Services PRESENTER: Darin Seegmiller RECOMMENDED ACTION City Council: 1. Adopt a resolution approving a Notice of Intent to Comply with Senate Bill 1383 regulations. 2. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND In September 2016, Governor Brown signed Senate Bill 1383 (SB1383), primarily to set methane emission reduction targets for the state. The targets were designed to reduce landfill disposal of organic waste by 2025. Additionally, SB1383 required the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations for local governments to achieve those targets. Senate Bill 1383 regulations took effect on January 1, 2022. Senate Bill 1383 gives CalRecycle the ability to impose penalties on local governments who are found to be non -compliant with the regulations. The following are requirements for local governments under SB1383: • Provide organic waste collection for all residents and businesses • Establish an edible food recovery program that diverts edible food from the waste stream • Conduct outreach and education to all affected parties, including waste generators and waste haulers • Procure recycled organic waste products like compost, mulch, and renewable natural gas • Inspect and enforce compliance with SB1383 Page 1 Packet Pg. 108 O Senate Bill 619 (SB619) delays CalRecycle's ability to impose penalties on local governments who are found to be non -compliant with SB1383. This would allow the City of Santa Clarita (City) to come into compliance with SB1383 by July 1, 2023. SB619 further states that a penalty may only be imposed if CalRecycle finds that a local government did not make a reasonable effort to comply with the regulations. On January 25, 2022, the City Council amended Santa Clarita Municipal Code Chapter 15.44 to adopt many of the regulations imposed by SB1383. However, many of the programs mandated by SB1383 will be implemented by the City's waste haulers. The extension of time allowed by SB619 will allow the City to go through a competitive procurement process and select a hauler(s) that will implement many of the SB1383 required programs. It will also offer the City time needed to establish a local mulch and compost procurement and distribution process, secure necessary funding for the implementation of the regulations, and develop a local food recovery program. As a requirement of SB619, the City must file a Notice of Intent to Comply with SB619 to CalRecycle. This document is labeled Exhibit A. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT There is no fiscal impact as a result of this item. ATTACHMENTS Resolution Exhibit A Page 2 Packet Pg. 109 9.a RESOLUTION 22- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING THE FILING OF A NOTICE OF INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS WHEREAS, the California Department of Resources Recycling and Recovery (CalRecycle), in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are 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 Clarita (City) is a local jurisdiction required to comply with the Regulations; and WHEREAS, the City is or expects to be facing continuing violations of the Regulations commencing 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 (NOIC) 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 is a local jurisdiction authorized by the Statute to submit a NOIC for CalRecycle approval; and WHEREAS, CalRecycle shall approve a NOIC that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute. NOW THEREFORE, the City Council of the City of Santa Clarita, California, does herby resolve as follows: SECTION 1. The City by and through its City Council hereby formally adopts the NOIC, which is Exhibit A, incorporated by reference. SECTION 2. The City Council hereby authorizes and directs the City Manager, on its behalf, to submit the NOIC, which is Exhibit A, to CalRecycle for approval pursuant to the Statute. Page 1 of 2 Packet Pg. 110 9.a SECTION 3. By submitting the NOIC pursuant to and subject to the above referenced requirements, the City 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 statute and regulations. SECTION 4. The City, by and through its City Council, also acknowledges and agrees to comply with any maximum compliance deadline in 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 its NOIC. PASSED, APPROVED, AND ADOPTED this day of 2022. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution 22- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 8th day of February 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Page 2 of 2 Packet Pg. 111 9.b EXHIBIT A NOTIFICATION OF INTENT TO COMPLY M co M m Cn t r 3 Q. E 0 U 0 r r c r c 0 c 0 r m r 0 Z L 0 0 LPL Q K W E :.i Q Packet Pg. 112 9.b 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 NOIC(@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. Packet Pg. 113 9.b Please clearlv print or type responses. Attach additional pages as necessary. Jurisdiction Name: City of Santa Clarita County:Los Angeles Person Completing the Form: First Name: Curtis I Last Name: Williams Title: Solid Waste Administrator Mailing Address: 23920 W. Valencia Blvd. #225 City: Santa Clarita I Zip Code:_ 91355 Email Address: cwilliams@santa-clarita.com Phone Number: 661-255-4308 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. Example: © (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services L Not implementing mandatory residential foodwaste collection for all residents. Note: City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more. Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations. (A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. ® (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services ❑ (C) 14 CCR section 18984.2 Two -Container Organic Waste Collection Services ❑ (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services ❑ (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services ❑ (F) 14 CCR section 18984.5 Container Contamination Minimization ❑ (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization ❑ (H) 14 CCR section 18984.7 Container Color Requirements ❑ (1) 14 CCR section 18984.8 Container Labeling Requirements ❑ (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction ❑ (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. ❑ (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach ❑ (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements ❑ (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self -Haulers ❑ (0) 14 CCR section 18988.3. Self -haulers of Organic Waste ❑ (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program ❑ (Q) 14 CCR section 18989.1. CALGreen Building Codes ❑ (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance Packet Pg. 114 9.b ❑ (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program ❑ (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program ❑ (U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning ❑ (V) 14 CCR section 18992.2. Edible Food Recovery Capacity ❑ (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target ❑ (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target ❑ (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements ❑ (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement (AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle. ❑(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8) ❑ (CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints. ❑ (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section. Example: 0 (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section ❑ (1) ❑ (2) ❑ (3) ❑ (4) n (5) 2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable. a. The City is currently contracted with Waste Management to provide three -container residential collection service including garbage, recycling, and green waste collection service. Proactive efforts by the City included discussions of enhancing organics collection service by including food waste with Waste Management since 2019. From 2019 until 2021, the City worked with Waste Management negotiating multiple deal points, reviewing draft franchise agreement amendment language, and rate structures. City staff and Waste Management were ultimately unable to agree to amended services and rates that would be competitive. As a result of the City and Waste Management not being able to come to an agreement with the necessary terms to incorporate the collection of food waste services in the current contract, the City needs additional time to complete a competetive procurement process for SIB 1383-compliant solid waste collection services. The current contract with Waste Management expires June 30, 2023. b. The City is currently contracted with Burrtec to provide three -container commercial collection service includinq garbage, recyclinq, and preen waste collection service. Burrtec provides _7 Packet Pg. 115 9.b commercial food waste collection service upon request In order to be fully compliant with the SB1383 requirements and introduce programs and services that assist the City and the State in diversion goals, the City needs additional time to complete a competitive procurement process to include the required collection of food waste. The current contract with Burrtec expires June 30, 2023. The competitive procurement process includes both the commercial and residential collection services combined for the City of Santa Clarita. c. The City hired R3 Consulting Group to prepare a bid solicitation for residential and commercial collection service, which will include compliant diversion of food waste from the single-family, multi -family, and commercial sector waste streams. The City anticipates a franchise agreement, formally designating provision of compliant organic waste collection service, will be effective July 1, 2023. The RFP / draft agreement is requiring trucks that are less than 10 years old, new carts, and newly painted bins at start of agreement. The City is also requesting that proposers provide a guarantee statement on verifiable capacity for processing food waste for the City. 3. A description of the impacts of the COVID-19 pandemic on compliance. The COVID-19 pandemic required City staff to prioritize relief efforts and emergency actions during 2020 and 2021. City offices closed and staff needed to transition to remote work conditions. The transition to remote work delayed the procurement of consultant services to initially negotiate with the current haulers, with the intent of amending the current franchise agreements. City staff were not able to continue outreach efforts and site visits with commercial generators due to remote work conditions and COVID-19 restrictions, including social distancing. Additionally, many businesses in the City shut down and/or permanently closed, resulting in a significant number of businesses reducing/ cancelling service and unwilling to subscribe to new organics collection services immediately upon reopening. Finally, due to global supply chain issues and shortage, delivery of equipment (new containers and trucks) are being delayed. 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. See optional format below. See below. Packet Pg. 116 9.b Regulatory Requirement: (B.i.) 14 CCR Section 18984.1 Three -Container Organic Waste Collection Services Description: Not implementing residential food waste collection for all single-family and multi- family residents. City provides green waste collection to all residents. Action Proposed Schedule TASK 1: Release RFP for contractor to Date to be completed: 2/1/22 provide organics collection service compliant with 14 CCR 18984 and guarantee organic waste processing capacity TASK 2: Adopt franchise agreement for Date to be completed: 7/31/22 residential collection service TASK 3: Franchise agreement takes effect Date to be completed: 7/1/23 Date to be completed: 7/1/23 TASK 4: Begin deploying new carts for collection service (including food waste collection service) to residential customers TASK 5: All residents provided organics Date to be completed: 12/31/23 collection service (including food waste collection service) Regulatory Requirement: (B.ii.) 14 CCR Section 18984.1 Three -Container Organic Wash Collection Services Description: Not implementing mandatory commercial organics collection to all businesses. Citv offers areen waste and food waste collection service to all businesses. Action Proposed Schedule TASK 1: Release RFP for contractor to Date to be completed: 2/1/22 provide organics collection service compliant with 14 CCR 18984 and guarantee organic waste processing capacity TASK 2: Adopt franchise agreement for I Date to be completed: 7/31/22 commercial collection service TASK 3: Franchise agreement takes effect i Date to be completed: 7/1/23 TASK 4: Begin deploying new containers for Date to be completed: 7/1/23 collection service (including food waste collection service) to commercial customers TASK 5: All businesses provided organics Date to be completed: 12/31/23 collection service (including food waste collection service) Packet Pg. 117 9.b I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge. Signature Printed Name Title Date Packet Pg. 118