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SB1383 Presentation short_Los Gatos v2 SB 1383 Regulations Funding Options Marva Sheehan msheehan@hfh-consultants.com (925) 977-6961 West Valley Solid Waste Management Authority Los Gatos Penalties Next Steps SB 1383 Highlights Jurisdiction Compliance April 6, 2021 1 SB 1383 Highlights 50% 40% 40% Black Carbon Methane HFC Gasses Targets Short Lived Climate Pollutants (SLCP) 3 Climate Change Negatively Impacts California 2 Statewide Methane Emissions Reduction Goals 75% Edible Food Recovery Reduction of Organic Waste to Landfill 20% 2025 4 Organic Waste is the Largest Waste Stream in California California Throws Away More than 6 Million Tons of Food Waste Every Year! In California, Millions Are Food Insecure 3 Implement Ordinances and Polices, Monitor Compliance, Conduct Enforcement, and Report to CalRecycle 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 Compliance Requirements EFFECTIVE JANUARY 1, 2022 5 Jurisdictions will be required to adequately resource these programs: 1. Provide organic waste collection services to all residents and businesses. This means for all organic waste, including green waste, wood waste, food waste, manure, fibers, etc. Containers have prescribed colors (any shade of grey or black for trash, green for organic waste and blue containers for traditional recyclables) There are container labeling and contamination monitoring requirements We need to assess our current collection programs and determine what may need to be, expanded, or changed 2. Establish edible food recovery program for all Tier 1 and 2 commercial edible food generators This means ensuring that there are edible food recovery organizations that have enough capacity This may entail providing funding to ensure there is adequate capacity and collection services 3. Conduct education and outreach to all generators This will require education to be provided to all generators, and when applicable education may need to be provided in Spanish and other languages. 4. Our jurisdiction will be required to procure certain levels of compost, renewable gas used for transportation fuels, electricity, heating applications, or pipeline injection, or electricity from biomass conversion produced from organic waste. 5. Plan and secure access for recycling and edible food recovery capacity. 6. We will be required to monitor compliance and conduct enforcement Monitoring and education must begin in 2022 Enforcement actions must start Jan 1, 2024 7. We will need to adopt an ordinance, or similarly enforceable mechanism that is consistent with these regulatory requirements prior to 2022. 8. Planning in 2019 will be critical to meet the deadline. 4 Containers & Collection 3-Container Collection System 6 Mandatory Colors for each Material Type Recycling Organics Garbage/Landfill Residential Carts – Organics & Recycling OK - Garbage will need to be changed Commercial Bins– Garbage and Organics OK – Recycling will need to change lids to blue Color Change - Phase in Period to 2036 Container or Lids to meet color requirements Food scraps now in the Organics Cart!!!!! … We are a blend…. We are good on the others. Repurpose brown carts for Organics Now food scraps in GW cart -- additional processing cost .. Each resident will receive a kitchen food pail… 5 Generator Los Gatos/County Educate commercial edible food generators Increase access to food recovery programs/services Increase edible food recovery capacity, if needed Monitor compliance 3 8 Edible Food Recovery Requirements 9 Recover edible food that would otherwise be disposed Maintain records Food recovery services/organizations used Copies of related contracts Details regarding types of food, frequency of collection and quantities 2 Tiers Tier 1 – (1/1/22) Supermarkets, large grocery stores, etc Tier 2 - (1/1/25) Smaller generators Also significant requirements on the Edible Food Recipients… 6 Education & Outreach Information to be Provided by Los Gatos* *February 2022, annually Source separation requirements Methods for reducing organic waste Benefits of reducing methane through organics recycling Edible food programs (Who? What? Where?) 10 Working with WVSWMA and other member agencies for consistent messaging. 7 3 Los Gatos Procurement Requirements Beginning January 1, 2022 Jurisdiction must procure a quantity of organic waste products (either compost or renewable natural gas) based on population At least 75% of annual purchases of paper products and printing/writing paper must be recycled content paper 11 “Good faith effort” -CalReycle – Plan for compliance to be well documented Organic waste procurement being evaluated at the County level 8 3 8 By January 1, 2022 Recycling/organics ordinance for all generators Self-haul/back-haul reporting ordinance Edible food recovery ordinance CalGreen building standards ordinance Enforcement ordinance Hauler regulation ordinance Procurement policies for organic waste products Potential amendment of existing ordinances, policies, or procedures to remove restrictions prohibited by SB 1383 for some organics-related locally-adopted standards and policies Required Ordinances and Policies 12 Working with Town Staff Non residential self haulers must keep records and report annually to the jurisdiction – landscapers… All property/business owners to provide organic waste collection to employees, contractors, tenants and customers…. Provide info annually to agency; allow access to inspectors…. 9 Reporting & Recordkeeping 13 Initial Compliance Report (Due 2/1/2022) Annual report (Due 8/1/2022, and annually thereafter) Collection system Contamination monitoring Waivers Education & outreach Hauler oversight Edible food recovery Organic waste recycling capacity Implementation Record (Ongoing) WVSWMA will provide assistance 10 Inspections & Enforcement On or before January 2022, and annually thereafter Compliance reviews of commercial solid waste accounts Quarterly route reviews (check for prohibited contaminants) Inspection of edible food generators and food recovery organizations Investigation of complaints After January 1, 2024 Notice of Violation (NOVs) and fines issued to non-compliant generators by the jurisdiction 7 WVSWMA will provide assistance 11 Penalties for Noncompliance 11 Base Tables (Prescribe Penalties) 1 table for jurisdictions; 10 tables for CalRecycle Penalties target jurisdictions (primarily), facilities, haulers, organic waste generators, property owners, and edible food generators Fines for generators and jurisdictions range from $50/violation (level 1) to $10,000/day (Level 6) Generator compliance initiated with Notice of Violation (NOV), not fine 14 12 Funding Options Increase rates, charge for organics Restructure trash, recycling, & organics rates Implement new SB 1383 fee Adjust or implement C&D admin fee 15 UNFUNDED STATE MANDATE! 13 Next Steps WVSWMA is currently negotiating an amendment with WVC&R Modify ordinances Plan/negotiate/procure services Analyze funding and set rates Begin outreach via Social Media, etc. 16 14 Questions 17 This Photo by Unknown Author is licensed under CC BY-NC Marva M. Sheehan Executive Director WVSMWA msheehan@hfh-consultants.com 15