Title
Introduction of Ordinance Amending Alameda Municipal Code Chapter 21 (Solid Waste and Recycling) to Comply with Senate Bill 1383 and Conform with Alameda County Waste Management Authority’s Organics Reduction and Recycling Ordinance. (Public Works 26141630/26241631)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
On November 16, 2021, the City Council adopted Ordinance No. 3310 to update Alameda Municipal Code (AMC) Chapter 21 Solid Waste and Recycling to comply with Senate Bill (SB) 1383 and conform with the Alameda County Waste Management Authority’s (StopWaste) Organics Reduction and Recycling Ordinance (ORRO). The code update designated StopWaste to implement and enforce specific requirements related to solid waste and recycling education and outreach, organic waste collection, and edible food recovery. At this time, a minor update to the code is needed to allow continued enforcement by StopWaste. This Ordinance would revise the penalty amounts in Chapter 21 of AMC to align with SB 1383 and the ORRO.
BACKGROUND
In 2016, SB 1383 was signed into law to reduce short-lived climate pollutants, including methane. 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.
The California Department of Resources Recycling and Recovery’s (CalRecycle) implementing regulations for SB 1383 went into effect January 1, 2022. Jurisdictions were required to adopt an ordinance, or similarly enforceable mechanism, consistent with the regulatory requirements by January 1, 2022.
To establish a uniform and comprehensive countywide effort and assist jurisdictions with SB 1383 compliance, StopWaste developed a countywide Ordinance, referred to as the ORRO. On July 28, 2021, the StopWaste Board adopted the ORRO, Ordinance 2021-02.
On November 16, 2021, the City Council approved Ordinance No. 3310, which integrated the language of the ORRO into the AMC to meet the SB 1383 requirements.
Ordinance No. 3310, consistent with the other Alameda County (County) jurisdictions, also designated 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 previous implementation and enforcement structure for recycling requirements under the Countywide Mandatory Recycling Ordinance. Designating StopWaste as an additional implementation and enforcement entity saves City resources and ensures consistency in SB 1383 implementation across the County.
On January 16, 2022, the City entered into an agreement with StopWaste (Exhibit 1) to solidify the designation of SB 1383 responsibilities that StopWaste will carry out on the City’s behalf.
DISCUSSION
The proposed Ordinance aligns the City’s penalty amounts for SB 1383-related violations with StopWaste’s countywide ORRO.
The existing penalty amounts in Chapter 21 of the AMC are as follows: $100 for the first violation, $200 for the second violation, and $500 for third and subsequent violations. The penalty amounts in SB 1383 and the ORRO are ranges, providing flexibility on the amount assessed: $50-$100 for the first violation, $100-$200 for the second violation, and $250-$500 for third and subsequent violations. The Ordinance authorizes the City and StopWaste to establish regulations to guide the implementation of the citation process, including establishing factors for consideration of penalty ranges.
StopWaste has informed City staff that it is not able to enforce on the City’s behalf, as intended, unless local law is updated to align with the Countywide penalty amounts. Additional staff resources would be needed for the City to take on the SB 1383 enforcement efforts instead of designating StopWaste as the enforcement agency, which is not recommended.
ALTERNATIVES
• Adopt the ordinance as proposed.
• Do not adopt the ordinance, which would not allow the City to contract with Stopwaste for enforcement. Additional resources would need to be identified for the City to take on SB 1383 enforcement efforts.
FINANCIAL IMPACT
There is no financial impact from the adoption of the proposed ordinance. StopWaste collects the penalties and retains the revenue to offset their implementation costs. The City does not receive penalty money from the violations that StopWaste enforces.
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 (ZWIP) (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 City’s enforcement thereof, is a State-mandated regulatory process intended to reduce greenhouse gas emissions and protect the environment through the diversion of specified solid wastes.
CLIMATE IMPACTS
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
Introduce an ordinance to amend the Alameda Municipal Code by amending Chapter 21 (Solid Waste and Recycling) to comply with Senate Bill 1383 and conform with Alameda County Waste Management Authority’s Organics Reduction and Recycling Ordinance.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Angela Vincent, Program Specialist II
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Letter Agreement
cc: Nancy Bronstein, Interim City Manager