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04
City of Pleasanton
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CITY CLERK
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2021
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110221
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10/27/2021 2:08:17 PM
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10/27/2021 2:07:55 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/2/2021
DESTRUCT DATE
15Y
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(h) In furtherance of the food recovery objectives of the laws noted above and to reduce legal <br />risks associated with food recovery, the State food donation law, Assembly Bill 1219 of <br />2017, the California Good Samaritan Food Donation Act of 2017 (approved by the <br />Governor of the State of California on October 9, 2017, which amended Section 1714.25 <br />of the Civil Code, amended Section 58502 of, and repealed Section 58506 of, the Food <br />and Agricultural Code, and amended Sections 114432, 114433, and 114434 of, and <br />added Section 114435 to, the Health and Safety Code, as amended, supplemented, <br />superseded and replaced from time to time), provides additional protections for entities <br />that donate and distribute food for human consumption. <br />(i) By January 1, 2022, the SB 1383 Regulations require jurisidictions to adopt and enforce <br />an ordinance or other enforceable mechanism to implement relevant provisions of the SB <br />1383 Regulations concerning regulation of organic waste collection services, generators <br />of organic waste, waste haulers, and generators and processors of edible food, together <br />with enforcement mechanisms and administrative civil penalties for violations of local <br />regulations. <br />Q) It is in the public interest for participants in the Alameda County solid waste and recycling <br />systems—including cities, the County, sanitary districts, haulers, processors, facility <br />operators, businesses, institutions, the public, and the WMA—to work together to advance <br />the goals in the state legislation noted above, as well as those in the CoIWMP. <br />(k) This Ordinance is adopted pursuant to CalRecycle's SB 1383 Regulations. The SB 1383 <br />Regulations were the subject of a program environmental impact report (EIR) prepared by <br />CalRecycle, and except for provisions which maintain the already established <br />requirements of the WMA's Ordinance Requiring Actions to Reduce Landfilling of <br />Recyclable and Organic Solid Wastes from Businesses, Multifamily Residences, and Self - <br />Haulers (Ordinance 2012-1; also known as the Mandatory Recycling Ordinance), the <br />activities to be carried out under this Ordinance are entirely within the scope of the SB <br />1383 Regulations and that EIR. No mitigation measures identified in the EIR are applicable <br />to WMA's enactment of this Ordinance. Moreover, none of the conditions requiring a <br />subsequent or supplemental EIR, as described in Public Resources Code Section 21166 <br />and California Environmantal Quality Act (CEQA) Guidelines Sections 15162 and 15163, <br />have occurred. The EIR therefore adequately analyzes any potential environmental <br />effects of the Ordinance and no additional environmental review is required. On a separate <br />and independent basis, the Ordinance is exempt from CEQA pursuant to Section 15308, <br />Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the <br />environment and as an action taken by a regulatory agency for the protection of the <br />environment, specifically, for the protection of the climate. There are no unusual <br />circumstances that would cause this Ordinance to have a significant effect on the <br />environment <br />SECTION 2. TITLE OF ORDINANCE <br />This Ordinance is titled "Organics Reduction and Recycling Ordinance". <br />SECTION 3. DEFINITIONS <br />The following definitions govern the use of terms in this Ordinance: <br />
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