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California on September 19, 2016, which added Sections 39730.5, 39730.6, and
<br />39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing
<br />with Section 42652) to Part 3 of Division 30 of the Public Resources Code, as
<br />amended, supplemented, superseded, and replaced from time to time), took effect
<br />on January 1, 2017 and sets Statewide Organic Waste disposal reduction targets
<br />of 50 percent by 2020 and 75 percent by 2025, based on the 2014 organics waste
<br />disposal baseline, set forth in Section 39730.6 of the Health and Safety Code, and
<br />requires CalRecycle to develop regulations to reduce organics in landfills as a
<br />source of methane. The SB 1383 Regulations place requirements on multiple
<br />entities, including counties, cities, residential households, Commercial Businesses
<br />(including Multi -Family Residential Dwellings), Commercial Edible Food
<br />Generators, haulers, Self -Haulers, Food Recovery Organizations, and Food
<br />Recovery Services to support achievement of statewide Organic Waste disposal
<br />reduction targets with compliance required beginning January 1, 2022.
<br />(h) In furtherance of the food recovery objectives of the laws noted above and to
<br />reduce legal risks associated with food recovery, the State food donation law,
<br />Assembly Bill 1219 of 2017, the California Good Samaritan Food Donation Act of
<br />2017 (approved by the Governor of the State of California on October 9, 2017,
<br />which amended Section 1714.25 of the Civil Code, amended Section 58502 of,
<br />and repealed Section 58506 of, the Food and Agricultural Code, and amended
<br />Sections 114432, 114433, and 114434 of, and added Section`' 114435 to, the
<br />Health and Safety Code, as amended, supplemented, superseded and replaced
<br />from time to time), provides additional protections for entities that donate and
<br />distribute food for human consumption.
<br />(i) By January 1, 2022, the SB 1383 Regulations require jurisidictions to adopt and
<br />enforce an ordinance or other enforceable mechanism to implement relevant
<br />provisions of the SB 1383 Regulations concerning regulation of organic waste
<br />collection services, generators of organic waste, waste haulers, and generators
<br />and processors of edible food, together with enforcement mechanisms and
<br />administrative civil penalties for violations of local regulations.
<br />(j) It is in the public interest for participants in the Alameda County solid waste and
<br />recycling systems—including cities, the County, sanitary districts, haulers,
<br />processors, facility operators, businesses, institutions, the public, and the WMA—
<br />to work together to advance the goals in the state legislation noted above, as well
<br />as those in the CoIWMP.
<br />(k) This Ordinance is adopted pursuant to CalRecycle's SB 1383 Regulations. The
<br />SB 1383 Regulations were the subject of a program environmental impact report
<br />(EIR) prepared by CalRecycle, and except for provisions which maintain the
<br />already established requirements of the WMA's Ordinance Requiring Actions to
<br />Reduce Landfilling of Recyclable and Organic Solid Wastes from Businesses,
<br />Multifamily Residences, and Self -Haulers (Ordinance 2012-1; also known as the
<br />Mandatory Recycling Ordinance), the activities to be carried out under this
<br />Ordinance are entirely within the scope of the SB 1383 Regulations and that EIR.
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