File #: 21-007    Name: 01.05.2021 SB1383-The Short Lived Climate Pollutants Act
Type: General Agenda Item Status: Passed - County Administrative Office
File created: 12/18/2020 In control: Board of Supervisors
On agenda: 1/5/2021 Final action: 1/5/2021
Title: a. Receive a presentation on SB1383- The Short-Lived Climate Pollutants Act; b. Direct staff to develop a Strategic Roadmap for interdepartmental coordination for SB1383 and use that roadmap to work towards compliance with the law; c. Direct staff to coordinate with County solid waste operators and processors, haulers, and jurisdictions to plan for and implement measures to meet the goals and deadlines associated with SB1383 d. Provide other direction to staff.
Attachments: 1. Board Report, 2. SB 1383 Non-Compliance Penalties, 3. CAL Recycle SB1383 Presentation, 4. SB 1383 Roadmap Timeline

Title

a. Receive a presentation on SB1383- The Short-Lived Climate Pollutants Act;

b. Direct staff to develop a Strategic Roadmap for interdepartmental coordination for SB1383 and use that roadmap to work towards compliance with the law;

c. Direct staff to coordinate with County solid waste operators and processors, haulers, and jurisdictions to plan for and implement measures to meet the goals and deadlines associated with SB1383

d. Provide other direction to staff.

 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors

a)                     Receive a presentation on SB1383- The Short-Lived Climate Pollutants Act;

b)                     Direct staff to develop a Strategic Roadmap for interdepartmental coordination for SB1383 and use that roadmap to word towards compliance with the law;

c)                     Direct staff to coordinate with County solid waste operators and processors, haulers, and jurisdictions to plan for and implement measures to meet the goals and deadlines associated with SB1383

d)                     Provide other direction to staff.

 

SUMMARY:

SB1383 (Lara, Chapter 395, Statutes of 2016) is the most significant waste reduction mandate to be adopted in California in the last 30 years. It requires the state to reduce organic food waste disposal by 75% by 2025, which is equivalent to approximately 20 million tons of wood waste. The law also requires the state to increase the recovery of edible food waste to 20% by 2025. This has significant policy and legal implications for state and local governments.

 

On July 23, 2020, Cal Recycle presented at the Alternative Energy and Environment Committee meeting on the County roles and responsibilities associated with implementing the measures within SB1383. Based on the presentation, interdepartmental coordination will be needed to effectively implement SB1383. Staff asks the Board of Supervisors direct staff to develop an interdepartmental coordination plan and coordinate with external County agencies in the solid waste management industry to achieve the goals of SB1383

 

DISCUSSION:

By 2022, the County must adopt an ordinance with enforceable mechanisms to comply with SB1383. That ordinance must include reasonable fees for non-compliance and require generators of organic waste to subscribe to organic collection or report self-hauling. Other requirements of SB1383 include edible food recovery programs and the purchase of recovered organic waste products. Being prepared for enforcement includes working well in advance of that deadline to communicate with and educate our generators, haulers, and County staff on what is required and to develop a plan of action. Penalties to the County for non-compliance range from $7,500 minimum to $10,000 maximum per day for major violations.

 

SB1383 lists the following areas which will require interdepartmental coordination:

                     Board of Supervisors will need to pass local enforcement ordinances to require all residents and businesses to subscribe to these services.

                     Chief Administrative Office will be involved in capacity planning, directing procurement of recycled organic products like compost and renewable natural gas, 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, including paper.

                     Public Works staff are involved with local waste management processing facilities, and organic waste recycling facilities (like compost and anaerobic digestion facilities). They may also be involved in civil engineering activities where compost may be utilized (as in erosion control along city streets and embankments).

                     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 SB1383 regulations.

                     Public Transportation and Fleet departments will be involved in procuring renewable natural gas for city and county owned vehicles.

                     Department of Social Services and Ag Commissioners office will be involved in providing linkages to the food donors, the Food Bank and other food assistance partners.

 

Additional areas not listed include grant funding research and administration, public education and awareness campaigns, and collaboration with external stakeholders.

 

The interdepartmental plan would identify the appropriate department to be responsible for each of the areas listed above and lay out roles and responsibilities as well as a timeline for research, meetings, and action plans. Action plans would be created in the following format:

 

1.                     Identification of SB1383 Requirements, including a summary of what County compliance would look like.

2.                     Analysis of existing County programs, resources, needs, and infrastructure.

3.                     Roadmap for meeting SB1383 requirements, including deadlines, resources required, and implementation strategies.

 

Staff asks that the Board of Supervisors direct staff to create this interdepartmental coordination plan and begin working towards compliance and to coordinate with outside agencies as needed to achieve the goals of this legislation.

 

OTHER AGENCY INVOLVEMENT:

Environmental Health, Facilities, Fleet Management, Social Services, Agricultural Commissioner’s Office, Parks Department, Purchasing, Finance

 

FINANCING:

Staff is not requesting funding to implement an interdepartmental plan, though the plan may identify areas that require funding for implementation.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

SB1383 is a state law that the County is required to comply with. The implementation of SB1383 will result in infrastructure upgrades and significant reductions in emissions at the County level as it will decrease emissions from landfills substantially.

 

Mark a check to the related Board of Supervisors Strategic Initiatives

 

__Economic Development

_X_ Administration

_X_Health & Human Services

_X_ Infrastructure

__Public Safety

 

Prepared by: Ashley Paulsworth, Sustainability Program Manager, x 5344

Approved by: Nicholas E. Chiulos, Assistant County Administrative Officer, Ext. 5145

 

Attachments:

Staff Report

SB1383 Non-Compliance Penalties

CAL Recycle SB1383 Presentation

SB 1383 Roadmap Timeline