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HomeMy WebLinkAboutItem 10 PresentationSB 1383 Reducing Short-Lived Climate Pollutants in California An Overview of SB 1383’s Organic Waste Reduction Requirements Chula Vista City Council Meeting January 19, 2021 Thank you for inviting us to present to the City Council. This presentation provides a very high-level overview of the requirements for compliance with 1383. 1 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 5 Californians California Throws Away More than 6 Million Tons of Food Waste Every Year! Why is 1383 important?​ Organic waste comprises two-thirds of CA’s waste stream, and food waste alone is the largest waste stream in California (@ roughly 18% of disposal)​ This is when 1 in 5 children go hungry every night in California ​   2 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 SB 1383 passed in 2016 as part of California’s larger strategy to combat climate change.​ The law was designed to reduce global warming super pollutants like methane, which is up to 84 times more potent than carbon dioxide.  ​ Landfills are one of the largest producers of methane in the state.​ As we know, when organic material breaks down in the landfill methane is generated. So we need to move away from landfilling organic waste (like food, paper, and yard waste)​ 3 2025 2025 Regulations Take Effect 2022 2020 SB 1383 Requirements 50% Reduction in Landfilled Organic Waste (11.5 Million Tons Allowed Organic Waste Disposal) 75% Reduction in Landfilled Organic Waste (5.7 Million Tons Allowed Organic Waste Disposal) 20% Recovery of Currently Disposed Edible Food for Human Consumption SB 1383 is a statewide target that requires CA to reduce organic waste disposal by 75% by 2025 and increase edible food recovery by 20% by 2025.​ Organic waste is defined broadly in the regs and includes food waste, paper, cardboard, green waste, organic textiles and carpets, lumber, wood, biosolids, digestate, manure, and sludges. ​ CalRecycle has been collaborating with jurisdictions and other stakeholders over the past 3 ½ years to complete the regulations that are final as of 11/3/2020 While the regulations take effect in 2022, jurisdictions have to plan now so they can be in compliance by January 1, 2022. ​ 4 New Statewide Programs to Reduce Super Pollutants New and Expanded Recycling Recycled Organics Products Edible Food to Food Insecure Food & Organics Waste Collection Creating New Jobs Lower GHGs = 1.7 million fewer cars a year Millions of meals  to 1 in 5 food  insecure in CA 15,000 green jobs 10,000 refuse trucks or 5,700 buses            powered by renewable fuels 27 million tons of  organic waste not  landfilled There are many benefits if we successfully implement California’s super pollutant reduction strategy including: Environmental benefits, such as fighting climate change, improved air quality and less landfilled waste Providing millions of meals to Californians without enough to eat and Creating thousands of new green jobs. 5 SB 1383 Key Implementation Dates 2016-2019 September 2016 SB 1383 Adopted Jan. 2019 Two Years of Informal Rulemaking Ends. Formal Rulemaking Begins Summer/Fall 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 2024 2023 Regulations Take Effect and State Enforcement Begins Jan. 1, 2022 2022 2021 Jan. 1, 2020 50 Percent Reduction in Organic Waste Disposal 2020 Regulations Adopted First, a brief update of the rulemaking process, and a big thanks to all who engaged with us: In January 2020, the Dept. submitted the reg package to OAL On November 3, 2020, CalRecycle received a Notice of Approval of Regulatory Action from the Office of Administrative Law on SB 1383 Short-Lived Climate Pollutants regulations.  These regulations are now final and set to go into effect January 1, 2022. The regulations become enforceable Jan 1, 2022. This means that starting Jan 1 2022, jurisdictions must have their programs in place and CalRecycle can begin enforcement actions on jurisdictions and other entities In 2024 Jurisdictions will be required to take enforcement against noncompliant entities. 6 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 This slide provides a brief overview of the program requirements that jurisdictions will be required to adequately staff and resource. We will cover briefly some of these requirements in the next few slides. Js will be required to provide organic waste collection services to all residents and businesses. This is what we refer to as automatically providing service or universal service; the resident or business is automatically provided the service rather than subscribing to it. The regs standardize container colors across the state (to be fully implemented by Jan 1, 2036), and require a jurisdiction to place a label on each new container or lid provided to generators (starting Jan 1, 2022). Js can issue three types of waivers to generators (de minimis, physical space, and collection frequency). The dept can issue waivers to jurisdictions, which delay or exclude implementation of some of the requirements: low population, rural exemption, and high elevation. The regulations also place requirements on residents and commercial businesses. Jurisdictions must conduct annual education and outreach to all generators This includes information on methods for the prevention of organic waste generation, recycling organic waste onsite, and sending organic waste to community composting. This also includes information regarding programs for the donation of edible food. Must be linguistically accessible Jurisdictions must also procure certain levels of recovered organic waste products (compost, renewable gas, or electricity from biomass conversion). Each jurisdiction will have a minimum procurement target that is linked to its population. requirements to purchase recycled-content paper and paper products if price and performance is comparable CalRecycle will provide a calculator for a jurisdiction to use to calculate progress towards meeting their target. CalRecycle will notify jurisdictions of their target Prior to January 1, 2022 Each jurisdiction must plan for adequate capacity for recycling organic waste and edible food recovery Each county will lead this effort by coordinating with cities, special districts that provide solid waste collection services, and regional agencies located within the county CalRecycle will provide a tool for organic waste capacity planning and edible food recovery capacity planning Jurisdictions must monitor compliance and conduct enforcement Monitoring and education begins in 2022 Jurisdictions must do an annual compliance review of commercial businesses to make sure that they have service There are contamination monitoring requirements of the contents of the containers. Jurisdictions will typically delegate this task to their hauler. To reduce reporting, jurisdictions are required to maintain records and keep information in an Implementation Record. Each jurisdiction is required to report to the Department annually on its implementation and compliance with the requirements of 1383. Requirements include adopting an ordinance or enforceable mechanism consistent with the regulatory requirements prior to 2022. I will talk about the model tools to help the City with this requirement. 7 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 SB 1383 extends beyond directing waste management and recycling operations and staff. This slide shows that every dept. within local gov’t will be affected and have a role to play. Each department will need to understand how SB 1383 impacts their work. Jurisdictions should be thinking and planning for the staffing they will need, whether they will task their direct service providers to staff some activities, and whether they will contract with other entities, such as Environmental Health inspectors or consultants. Examples: City Councils and Boards of Supervisors will need to pass local ordinances to require all residents and businesses to subscribe to services. City Managers and Chief Administrative Officers will be involved in capacity planning, directing procurement, and establishing edible food recovery programs. Finance and Legal staff will be involved in local enforcement ordinances, new collection fees, and ensuring programs are adequately resourced. Purchasing staff will be central to procuring recycled organic products. Public Works staff are involved with hauler agreements, local waste management processing facilities, organic waste recycling facilities, and civil engineering activities where compost may be utilized. Public Parks staff may be involved with assessing the need for local compost application to parks and city landscaped areas. Environmental Health staff may be tasked with enforcement duties, including inspecting commercial food generators for compliance with edible food recovery requirements. Public Transportation and Fleet departments could be involved in procuring renewable natural gas for city and county owned vehicles.   Next slide 8 Starts 2022 H 9 Federal Facilities Commercial Edible Food Generators (Article 10) (Sections 18991.3 – 18991.5) Jurisdictions are responsible to implement Edible Food Recovery Programs in their communities. This includes: Providing Education and Outreach Assessing Capacity of Existing Edible Food Recovery (And Expanding Existing Infrastructure if necessary) Conducting inspections of Tier One commercial edible food generators and food recovery organizations and services, beginning 2022; and inspections of Tier Two commercial edible food generators, beginning January 1, 2024. Regarding inspections, jurisdictions are required to inspect Tier 1 and Tier 2 commercial edible food generators to verify they are recovering the maximum amount of edible food possible and are not intentionally spoiling edible food that is recoverable. Inspections should be at a level/rate to adequately determine compliance with the requirements; annual inspections of each Tier 1 and Tier 2 commercial edible food generator is not required. Beginning in 2024, jurisdictions must take enforcement action on commercial edible food generators that are out of compliance with the edible food recovery requirements. There are also recordkeeping and reporting requirements.   Leaders in your jurisdiction should be planning for this program and deciding which staff will have responsibility. For example, some will utilize health inspectors to conduct the inspections, some will utilize the Public Works staff to conduct the capacity planning and provide the education. This slide covers who the Tier 1 and Tier 2 Commercial edible food generators are. 9 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 By January 1, 2022, Jurisdictions are required to have an enforcement mechanism or ordinance in place. Between Jan 2022 and Dec 2023, jurisdictions need to identify businesses in violation of the regulatory requirements and provide educational material to those generators Beginning January 2024, jurisdictions must take progressive enforcement action against organic waste generators that are not in compliance. The progressive approach allows for notification to the generator and provides time for the generator to comply before penalties are required to be issued by the jurisdiction. CalRecycle sets a maximum timeframe that a jurisdiction has to issue a Notice of Violation and issue penalties to a generator. The jurisdiction has the flexibility to develop its own enforcement process within these parameters. An early robust education program will minimize the amount of enforcement action needed Also, if the jurisdiction is automatically providing service to its residents and commercial businesses, then there should not be a need to have any enforcement for recycling. 10 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 CalRecycle will authorize low population and rural area waivers, which delay or exclude implementation of some of the requirements. In the case of entities such as public universities, school districts, and federal facilities, which are exempt from local solid waste oversight, CalRecycle will be directly responsible for ensuring compliance. However, Jurisdictions are required to provide education and outreach to these entities. SB 1383 is a Statewide target and not a jurisdiction organic waste diversion target. Unlike AB 939 where there was a specified target for each jurisdiction, SB 1383 prohibits a jurisdiction target. Due to this structure: The regulations require a more prescriptive approach and establishes state minimum standards. Jurisdictions will have to demonstrate compliance with each of the prescriptive standards rather than the determination of a Good Faith Effort. However, the Department has included some aspects of flexibility in enforcement of the regulations that are similar to the AB 939 Good Faith Effort requirements. The enforcement structure allows CalRecycle to focus on compliance assistance first and dedicate enforcement efforts to serious offenders. The regulations allow for flexibility and deadline extensions in some instances when there are extenuating circumstances causing compliance issues despite a jurisdiction’s substantial efforts. CalRecycle will conduct compliance evaluations with jurisdictions to address compliance issues first. Then if issues are not addressed, CalRecycle has the discretion to initiate the enforcement process. The enforcement process is an escalating process and the timelines are not triggered until a Notice of Violation (NOV) is issued. CalRecycle will consider the totality of circumstances surrounding a jurisdiction’s compliance prior to issuing NOVs. CalRecycle retains discretion as to whether to issue NOVs, and to issue NOVs but not seek penalties Timeline for Department Enforcement Action over Jurisdictions: If CalRecycle makes a determination that a jurisdiction is violating one or more of the requirements and CalRecycle issues an NOV: A jurisdiction will have 90 days to correct.  Most violations should be able to be corrected in this timeframe.  For cases where the jurisdiction may need a little additional time, the timeframe can be expanded to a total of 180 days from the date of issuance of the NOV. For violations that are due to extenuating circumstances (which are barriers outside the jurisdiction‘s control) and the jurisdiction has made a substantial effort, the regulations allow for the jurisdiction to be placed on a Corrective Action Plan (CAP), allowing up to 24 months to comply from the date of issuance of the NOV. An initial corrective action plan issued due to inadequate organic waste recycling infrastructure capacity may be extended for a period of up to 12 months if the jurisdiction has demonstrated substantial effort to CalRecycle. Substantial effort is where a Jurisdiction has done everything within its authority and ability to comply. It does not include circumstances where a decision-making body has not taken the necessary steps to comply with the chapter including, but not limited to, a failure to provide adequate staff resources, a failure to provide sufficient funding, or failure to adopt the ordinance(s) or enforceable mechanisms. If a jurisdiction does not demonstrate that they have made a substantial effort, they would not be eligible for the 2-3 year extended compliance deadlines. Penalties are imposed as a last resort after all other compliance actions have failed If a jurisdiction does not meet the deadlines in an NOV or a CAP, the Department has another opportunity to exercise enforcement discretion by determining whether to commence an action to impose penalties. If the Department decides to impose administrative civil penalties, it shall serve an accusation and hold a hearing if requested by the respondent (roughly a 180-day process)  11 Model Implementation Tools CalRecycle collaborated with HF&H Consultants, Diversion Strategies and Debra Kaufman Consulting, to develop four Model Tools: Model franchise agreement; Model mandatory organics disposal reduction ordinance; Model organic waste product procurement policy for compost, mulch, renewable gas, electricity from biomass, and recycled-content paper; and, Model edible food recovery agreement. CalRecycle released the draft tools in mid-September. Please let us know if there are other tools that you need as we have a large list of tools that we will be developing in the next 18 months. 12 Stay Engaged https://www2.calrecycle.ca.gov/Listservs/ Subscribe/152 https://www.calrecycle.ca.gov/organics/slcp Contact you LAMD Liaison Or email: SLCP.Organics@calrecycle.ca.gov The regulations were approved by OAL on 11/3/2020. Now I would like to open it up to questions. Thank you!