Title
Introduction of Ordinance Amending Alameda Municipal Code Chapter 21 (Solid Waste and Recycling) to Comply with Senate Bill 1383, Conform with Franchise Agreement, and Implement Strategy Four of Alameda’s Zero Waste Implementation Plan Update. (Public Works 26141630/26241631)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Alameda Municipal Code (AMC) Chapter 21 Solid Waste and Recycling requires all residents and businesses to subscribe to recycling and organics collection services, regulates the City of Alameda’s (City) Solid Waste, Recycling and Organics Franchise Agreement, and prescribes requirements for the handling of construction and demolition material.
Senate Bill (SB) 1383, signed into law in 2016, established statewide targets to reduce disposal of organic waste and increase the recovery of edible food. The regulations for SB 1383 require jurisdictions to adopt an enforceable ordinance by January 1, 2022 to implement specific requirements to achieve the statewide goals.
On May 18, 2021, the City Council approved a 12-year agreement with Alameda County Industries (ACI) for the collection, transportation, and processing of the City’s municipal solid waste, recycling, and organic materials. The agreement, which became effective July 1, 2021, includes new requirements to assist the City with SB 1383 compliance. The proposed Ordinance includes amendments to the AMC to conform with the new agreement by aligning definitions, removing obsolete provisions, and adding requirements to implement SB 1383.
Alameda’s Zero Waste Implementation Plan Update (ZWIP Update) was adopted by the City Council in 2018 and includes five key strategies to achieve zero waste, or 89% diversion from landfill. Strategy Four of the ZWIP Update is to revise the City’s Construction and Demolition Debris Ordinance to reduce the amount of waste from building projects.
Staff prepared this item in response to the new state requirements outlined in the SB 1383 regulations, the new franchise agreement with ACI, and the need to divert additional materials to reach the City’s zero waste goal. The proposed Ordinance and corresponding Chapter 21 code updates achieve the following:
1) City compliance with SB 1383;
2) Conformance between the AMC and the City’s recently approved franchise agreement with ACI for the collection, transportation, and processing of Alameda’s municipal solid waste, recycling, and organic materials; and
3) Provide legal basis to implement Strategy Four of the Zero Waste Implementation Plan Update to reduce construction and demolition waste.
BACKGROUND
Organic Waste Reduction and Senate Bill 1383
In 2016, SB 1383 was signed into law to reduce short-lived climate pollutants, including methane. Methane is more potent than carbon dioxide and contributes significantly to climate change. To reduce methane emissions from landfills, SB 1383 established a statewide target to reduce organic waste disposal by 75 percent from 2014 levels by 2025. The law also requires the state to increase edible food recovery by 20 percent by 2025.
SB 1383 is the most significant waste reduction mandate in the last 30 years. The California Department of Resources Recycling and Recovery’s (CalRecycle) implementing regulations for SB 1383 go into effect January 1, 2022. Jurisdictions are required to adopt an ordinance, or similarly enforceable mechanism, that is consistent with the regulatory requirements by January 1, 2022.
To establish a uniform and comprehensive countywide effort, the Alameda County Waste Management Authority (StopWaste) developed a countywide SB 1383 Ordinance called the Organics Reduction and Recycling Ordinance (ORRO) as well as a template “Opt-In” Ordinance for member agencies to adopt at the local level. The ORRO replaces the existing Mandatory Recycling Ordinance (MRO) developed by StopWaste that the City previously opted into in 2012.
Beginning on May 4, 2021, StopWaste solicited input from member agencies and stakeholders in the development of the ORRO and template Opt-In Ordinance. Staff provided comments on the ORRO during the comment period. On July 28, 2021, the StopWaste Board adopted the ORRO, Ordinance 2021-02. To meet the SB 1383 requirements, the City has integrated the language of the ORRO into the AMC in the proposed Ordinance (Exhibit 1).
To implement SB 1383, jurisdictions are required to implement six main elements:
1) Provide mandatory organics collection services to all residents and businesses
Since 2003, organics collection has been offered to all residents and businesses in the city with cart-based services. In 2010, organics collection capacity was expanded and made available to larger commercial businesses. In 2012, the StopWaste Board adopted a Mandatory Recycling Ordinance 2012-01 (MRO) that required recycling and organics collection for certain businesses, institutions, and multi-family buildings. Cities were given the option to fully participate in the MRO, opt-out entirely from participation, or delay all or portions of the Ordinance. The City opted-in to the MRO.
According to existing data, it is estimated that approximately four percent of the City’s organic waste generators are not subscribed to the collection services required by SB 1383.
2) Monitor compliance and conduct enforcement
Though the City remains ultimately responsible for compliance with the requirements of the SB 1383 regulations, the City can designate StopWaste to carry out various responsibilities. As proposed, the City, in coordination with StopWaste, ACI, and the Alameda County Department of Environmental Health (ACDEH), will monitor and enforce the new requirements.
For the City to designate additional entities to fulfill responsibilities, the SB 1383 regulations require a contract or agreement such as a Memorandum of Understanding (MOU). StopWaste is drafting agreements that the City can revise accordingly to formally designate additional implementation and enforcement entities. These agreements would be signed by the City Manager.
3) Conduct education and outreach to the community
As proposed, the City, in coordination with StopWaste and the City’s franchised waste hauler ACI, will provide ongoing education and outreach on SB 1383. The new franchise agreement with ACI requires one full-time ACI staff member dedicated to the City to coordinate and implement public education and outreach activities.
4) Procure recovered organic products
Beginning January 1, 2022, the City is required to procure a minimum amount of recovered organic waste products (compost, mulch, renewable gas, or electricity from biomass conversion) each year. The City can meet this requirement by procuring products for use or to give away. The procurement target is calculated using 0.08 tons of organic waste per resident. Based on 2020 Census data, the City has 78,280 residents, which translates to a procurement target of 6,262 tons of recycled organic waste products (i.e., compost and/or mulch). This equals 9,080 cubic yards of compost based on the following conversion factor (one ton of organics equals 1.45 cubic yards of compost). For mulch, the conversion factor is one-to-one.
As part of the new franchise agreement with ACI, the City is annually entitled to 1,000 cubic yards of compost and 1,000 cubic yards of mulch at no charge. Additional bulk compost and mulch can be purchased for $17.76 per yard in 1,000 yard increments. This leaves approximately 5,272 tons of recycled organic products (or 7,644 cubic yards of compost) for the City to procure.
Staff is coordinating with StopWaste and various City departments to determine costs and funding options to procure required products (primarily compost and mulch) and potential areas to utilize this material. The City, in coordination with StopWaste, is also updating the City’s Purchasing Policy to comply with the SB 1383 requirements related to procurement of recycled-content paper products. SB 1383 builds upon existing state law that requires local governments to purchase products that contain minimum recycled content, and adds additional requirements on product recyclability and recordkeeping. The City’s existing policy regarding the purchase of recycled-content products and source reduction practices, established in 1997, will need to be updated to meet the new requirements. Staff will return to City Council with a proposed plan and funding options to procure the remaining products to achieve the SB 1383 targets.
5) Establish edible food recovery program
SB 1383 requires jurisdictions to establish a phased-in edible food recovery program for commercial food generators. Beginning January 1, 2022, certain businesses (wholesale food vendors, distributors, food service providers, and large grocery stores) must arrange to recover the maximum amount of edible food that would otherwise go to landfills. The City, in coordination with StopWaste, is in the process of identifying generators of edible food and food recovery organizations and will provide outreach on the new requirements.
Additionally, StopWaste is working to establish a partnership between ACDEH and member agencies for implementation and enforcement of the edible food recovery requirements. StopWaste has drafted an MOU that the City can revise accordingly to formally designate ACDEH as an additional implementation and enforcement entity. ACDEH has committed to assist with compliance monitoring of SB 1383 requirements related to edible food recovery for one year, with no costs to member agencies. ACDEH will track their hours and re-evaluate this decision after the first year. The agreement will provide language to ensure the City is not bound to future costs. If the City were to implement these requirements, additional resources would be required and staff would return to the City Council with funding options for consideration.
6) Implement existing State requirements as outlined in the California Green Building Standards Code (CALGreen) and the Model Water Efficient Landscape Ordinance (MWELO)
Though the City currently implements both the CALGreen (AMC Chapter 13 Building and Housing) and MWELO (AMC Chapter 30 Development Regulations) requirements, two additional actions are needed to ensure compliance: 1) Codify the CALGreen requirements in Chapter 21 (included in Ordinance in Exhibit 1); and 2) Revise Chapter 30, Article 4 to clarify that the more stringent MWELO requirements will prevail should the state regulations be amended. Staff will return to the City Council with the Chapter 30 clarification update as part of other zoning text amendments pending review from the Planning Board.
Franchise Agreement
Since 2002, The City continues to contract with ACI for the collection, transportation, and processing of solid waste, recyclables, and organics.
After stakeholder and public outreach and formal negotiations, on May 4, 2021, City Council approved a new, 12-year exclusive franchise agreement with ACI, with an option to extend up to 20 years, for collection, transportation, and processing of the City’s municipal solid waste, recycling, and organic materials. The new agreement, effective July 1, 2021, incorporated elements to ensure SB 1383 compliance, including additional reporting, increased public education and outreach, procurement of compost and mulch, and enhanced contamination monitoring.
Zero Waste Implementation Plan
On October 19, 2010, the City Council adopted the Zero Waste Implementation Plan (ZWIP) and set a goal of achieving zero waste, or 89 percent diversion, from landfill by 2020. The 89 percent diversion goal derives from a per capita disposal rate, or the amount of waste disposed in pounds into the landfill by person per day (PPD). If the City were to reach 1.2 pounds PPD, then the City will have achieved 89 percent diversion.
On July 10, 2018, the City Council approved the Zero Waste Implementation Plan Update (ZWIP Update), which included five strategies to be implemented over five years to achieve zero waste. Updating the City’s Construction and Demolition (C&D) Ordinance is Strategy Four, as building projects produce large amounts of waste that often ends up in a landfill, despite its potential to be reused or recycled.
DISCUSSION
Staff, in coordination with HF&H Consultants and the City Attorney’s Office, prepared an Ordinance (Exhibit 1) with amendments to the AMC to modify Chapter 21 (Solid Waste and Recycling) to: 1) comply with SB 1383; 2) conform with the new franchise agreement; and, 3) implement Strategy Four of the ZWIP Update. For SB 1383 compliance, this Ordinance is based on the Countywide ORRO.
1) Compliance with SB 1383
Though the City began requiring the collection of organic material in 2014 under the Countywide MRO, there are new requirements in SB 1383 that the City must comply with by adopting an enforceable ordinance with the following elements:
• Single family, multifamily, and businesses must have organic waste and recycling collection service and sort properly;
• Businesses and multifamily buildings must educate employees and tenants about proper sorting and must provide labeled bins. In addition, businesses must monitor for contamination;
• Haulers must assist with SB 1383 implementation in several ways, such as conducting or complying with route reviews (i.e., contamination monitoring) and providing compliance data to enforcement agencies;
• Commercial edible food generators (e.g., grocery stores, restaurants, wholesale food distributors, and others) must recover surplus edible food for human consumption, have a contract in place with a food recovery organization or service, and keep monthly records; and
• Food recovery organizations must keep records and report the amount of food collected.
The proposed Ordinance revises the AMC to comply with SB 1383 and, consistent with all the other member agencies, designates StopWaste to implement and enforce specific requirements related to education and outreach, organic waste collection, and edible food recovery. This approach is consistent with the existing implementation and enforcement structure for recycling requirements under the Countywide MRO. This will not require additional City resources because StopWaste will be dedicating resources to assist member agencies with SB 1383 compliance. StopWaste will issue citations directly instead of waiting for concurrence from member agencies. This is designed to reduce administrative burden and increase efficiency. Revenue from these citations would be used by StopWaste to offset implementation costs. The amount of hard costs and staffing resources that StopWaste is dedicating to various aspects of SB 1383 implementation is higher than those dedicated to MRO in the past. Approximately 25 percent of StopWaste’s Fiscal Year (FY) 2021/22 budget is dedicated to SB 1383 implementation.
Designating StopWaste as an additional implementation and enforcement entity will save City resources and ensure consistency in SB 1383 implementation across the County. If the City does not make this designation, additional City resources would be required to comply with SB 1383.
The two main elements of the SB 1383 regulations that are new to the City are related to edible food recovery and procurement of recovered organic waste products. If the City does not enter into an MOU with ACDEH to implement and enforce the edible food recovery requirements, additional resources would be required to comply. This Ordinance provides authority for the City to designate additional entities to implement and enforce various sections without amending the Ordinance.
To meet the SB 1383 procurement target, City staff, in conjunction with StopWaste, is actively engaging relevant partners to determine potential uses for and capacity of compost and mulch within and outside of the City. Additional resources will be required to procure the required amounts of compost and mulch target. Staff will return to the City Council at either the mid-year or mid-cycle budget with a plan for complying with this component of SB 1383 and the required budget amendment with funding options.
The SB 1383 regulations also require the City maintain records to demonstrate compliance. The City utilizes a data management software through an agreement with Recyclist to comply with existing State recordkeeping requirements. Use of this software likely will be expanded to comply with the additional recordkeeping requirements for SB 1383. Additional detail will be provided to the City Council in the forthcoming plan for compliance.
2) Conform the AMC with the City’s new franchise agreement with ACI
The City’s new franchise agreement with ACI, which became effective July 1, 2021, includes additional services such as: an expanded bulky collection program, targeted outreach to help the City reach its zero waste goal, increased recycling and organics collection capacity, and contamination monitoring to ensure compliance with SB 1383. This Ordinance revises the AMC to confirm with the new franchise agreement. These amendments include:
• Revised definitions: For example, aligning the definition of “recyclable materials” with the new agreement which allows for changes to be made to the accepted materials list upon approval by the City and ACI.
• Removal of provisions that no longer apply: For example, the City will no longer place liens on properties due to delinquent accounts.
• Additional requirements: For example, new and enhanced reporting requirements and contamination monitoring to comply with SB 1383.
3) Implement Strategy Four of the Zero Waste Implementation Plan Update
This Ordinance revises the AMC to implement Strategy 4 of the ZWIP Update to reduce construction and demolition debris. These amendments include:
• Codifying the California Green Building Standards Code (CALGreen). This ensures the City will keep pace with State standards and ensures compliance with SB 1383.
• Increasing diversion rate of concrete and asphalt to 95%. Most jurisdictions in Alameda County require this as these materials are already being recycled at high rates.
• Requiring contractors to consider deconstruction. This follows the waste management hierarchy (reduce waste first, reuse second, and then recycle) by encouraging deconstruction of existing buildings and salvaging materials for reuse.
• Requiring contractors to utilize approved facilities for mixed C&D. This helps ensure the City can verify recycling rates and assess penalties for noncompliance.
Staff will present a future item to the City Council to provide information on all strategies in the ZWIP Update and report on overall progress towards the City’s zero waste goal.
ALTERNATIVES
• Adopt ordinance as proposed
• Provide staff direction to amend the proposed ordinance. Failure to adopt an enforceable ordinance by January 1, 2022 could result in penalties from CalRecycle of up to $10,000 per day for noncompliance.
• Do not designate StopWaste and ACDEH as implementation and enforcement entities and revise ordinance accordingly. Failure to designate StopWaste and ACDEH to implement the sections identified, including enforcement, will result in the need for additional resources from the City to comply.
FINANCIAL IMPACT
There is no financial impact from the adoption of the proposed revisions related to the franchise agreement and Strategy Four of the ZWIP Update. Public Works staff plan to return to City Council with a Fiscal Year 2021-23 budget amendment to address SB 1383 implementation costs.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This Ordinance would amend AMC Chapter 21 (Solid Waste and Recycling) and is consistent with the Climate Action and Resiliency Plan (2019), the Zero Waste Implementation Plan (2010), and ZWIP Update (2018).
ENVIRONMENTAL REVIEW
In accordance with California Environmental Quality Act (CEQA), this project is categorically exempt pursuant to CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment. SB 1383 and the strategies in the ZWIP Update are intended to guide the City in the reduction in greenhouse gas emissions, thus protecting the environment.
CLIMATE IMPACTS
The City’s CARP assumes full implementation of the ZWIP Update to achieve the City’s greenhouse gas reduction goals. Implementation of this Ordinance will divert organic waste from the landfill thus reducing methane, a potent greenhouse gas, and executing on the City Council priority of climate action and resilience.
RECOMMENDATION
Amend the Alameda Municipal Code by amending Chapter 21 (Solid Waste and Recycling) to: comply with Senate Bill 1383, conform with franchise agreement, and implement strategy four of Alameda’s zero waste implementation plan update.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval of an amendment to the Alameda Municipal Code by amending Chapter 21 to comply with Senate Bill 1383.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Angela Vincent, Program Specialist
Financial Impact section reviewed,
Annie To, Finance Director
cc: Eric Levitt, City Manager
Gerry Beaudin, Assistant City Manager