CCMIN 07202021 - Laserfiche WebLink

landfills sources of methane, maximize the life of landfills, and transform that organic waste into compost, bio-fuel, and electricity. Ms. Griffiths advised the City's requirements are focused on the specific program implementation. She advised SB 1383 also sets the goal of 20% recovery of edible food by 2025. She provided a brief overview of implementation timelines and stated the City has been proactively working toward compliance. The draft October 2017 regulations were incorporated into the agreement with Pleasanton Garbage Service (PGS) and the current franchise agreement will need to be updated. Regulations are effective January 1, 2022. All programs need to be in place including ordinances, franchise agreements, and collection systems, and CalReycle can begin assessing penalties against jurisdictions for not implementing these programs. January 1, 2024 is when the City will need to start assessing penalties for non-compliant entities in the City such as generators, haulers, and processors. Ms. Griffiths reported SB 1383 requires monitoring and enforcement by the City. A key requirement is that the City needs to pass enforceable mechanisms to mandate compliance with the SB 1383 programs. A draft ordinance will be presented to City Council later this summer or early fall for consideration. The bill also requires annual education and outreach to generators which is key to creating successful programs and making people aware before rollout and on an ongoing basis. SB 1383 requires robust record-keeping and reporting including producing an initial Jurisdiction Compliance Report, annual reports, and the ongoing maintenance of a Centralized Implementation Record that CalRecycle can request access within 10 days. She noted it is important to use an integrated system and use of a software platform is recommended to help ease the record-keeping, reporting coordination, and making it accessible to the different parties that need to see it. The costs of SB 1383 are significant and are one of the key factors in the Action Plan along with negotiations with PGS regarding impact to rates. Ms. Griffiths advised the City is actively tracking current legislation in the 2021 session related to SB 1383. SB 619 does not change the implementation date of SB 1383 but prevents CalRecycle from issuing penalties to jurisdictions during the first year of implementation if the jurisdiction made a reasonable effort towards compliance. Councilmember Narum suggested City Manager Fialho or Assistant Hopkins work with the City's lobbyist on a trailer bill. Assistant Hopkins advised this was contemplated and part of the role-making. Ms. Griffiths advised there are existing protections both on the federal level and within the State level which is the California Good Samaritan Food Donation Act of 2017. It provides protections for food generators for donation to edible food recovery organizations. She noted the food recovery organizations do not have to accept donations that are not edible for human consumption. In response to Councilmember Narum, Assistant Hopkins clarified that implementation of the SB 1383 ordinance will be a countywide and will supersede the Mandatory Recycling Ordinance (MRO). The staff time and funds going towards the MRO will now be focused on SB 1383. She reported staff has been working with StopWaste staff for almost two years on how they can support the local jurisdictions. She noted there may be some additional costs when the program is underway and the City could use some of its Measure D funding, or StopWaste could ask the jurisdictions, or the board could decide to reallocate resources internally. Assistant Hopkins reported SB 1383 does not by its nature trigger a requirement to expand an enclosure. There are some nuances with townhomes where there is individual service versus an apartment or multi-family that have joint service through enclosures. In response to Councilmember Balch, Assistant Hopkins noted the enforcement and record-keeping will require a full-time person, in-house person, and noted that is why it is so important to have a software program in place. She noted the City will continue to provide the enforcement. City Council Minutes Page 4 of 14 July 20, 2021