G.10 - Grand Terrace - SB 1383 Ordinance PresentationCITY COUNCIL OF THE
CITY OF GRAND TERRACE
Ordinance to Enact Regulations in Compliance with Senate
Bill (SB) 1383 for the Implementation of Food and
Organics Recycling and Related Solid Waste and Recycling
Processing and Reporting
October 26, 2021
A new Grand Terrace Municipal Code Chapter 6.10 is proposed, which
addresses the mandate of organic waste generators, haulers, and other
entities subject to the requirements of SB 1383 to comply with such
regulatory requirements.
Model language for the mandatory SB 1383 ordinance was provided by
CalRecycle in January 2021. Cities were advised to adjust the language based
on their individual needs. Such adjustments have been implemented and a
draft of the proposed new chapter was shared with the City’s franchised
waste hauler, Burrtec.
SB 1383 takes effect January 1, 2022.
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SB 1383 was signed into law September 19, 2016, directing public agencies
to reduce organic waste disposal by 75% and increase edible food recovery
by 25%, by 2025.
The bill was enacted to reduce greenhouse gas emissions by diverting
organic waste from landfills as the decomposition of such materials emit
methane, a climate pollutant 72 times more potent than carbon dioxide.
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By January 1, 2022, all jurisdictions must have a mandatory organic waste
disposal reduction ordinance in place.
Additionally, all businesses and residents, as well as and multi-family
housing, must have access to recycling programs that capture food scraps,
landscaping debris, among other organic waste items.
SB 1383 builds on AB 1826, which went into effect on April 1, 2016.
◦AB 1826 currently requires any business generating 2+ cubic yards of commercial solid
waste per week, and multi-family complexes with 5+ units, to recycle their organic waste.
Accordingly, the City, in coordination with Burrtec, continues the expansion
of the existing organics program by leading the AB 1826 program into the
January 1, 2022, implementation of SB 1383.
4October 26, 2021
The City will be responsible for implementing the following practices to
maintain compliance with SB 1383:
◦Provide organic waste collection services to all residents and businesses;
◦Adopt an ordinance to inspect and enforce compliance with SB 1383;
◦Establish an edible food recovery program for local food generators;
◦Conduct annual education and outreach to all generators;
◦Procure certain levels of recovered organic waste products such as compost, mulch,
and renewable natural gas; and
◦Maintain records for SB 1383 compliance for annual reporting requirements.
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Adopting this ordinance will mandate organic waste generators, haulers, and other entities subject to SB 1383 to comply with its regulatory requirements. Specific sections in this ordinance include:
◦Recycling requirements for single-family generators and commercial businesses
◦Recovery requirements for commercial edible food generators and food recovery organizations
◦Service requirements for haulers
◦Waivers for generators
◦Procurement requirements for city departments, service providers, and vendors
◦Inspections, investigations, and enforcement
The proposed ordinance is the City’s first step in creating meaningful enforcement measures to comply with SB 1383.
◦Although staff and the City Attorney’s office have closely followed direct guidance from CalRecycle, the programs enacted by SB 1383 are so new, complex, and comprehensive that there is some uncertainty as to how the programs will function in actual practice.
◦Once staff and Burrtec have performed actual implementation and work pursuant to the ordinance, we may discover the need for additional fine-tuning in the ordinance. Thus, the City Council should expect minor Ordinance revisions in the future.
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SB 1383 also requires that the City have ordinances or other enforceable
mechanisms in place for compliance with the CalGreen Building Standards
Code and a Model Water Efficient Landscaping Ordinance.
◦The City is already compliant with the aforementioned programs through the Grand Terrace
Municipal Code (GTMC 15.58 and GTMC Chapter 15.56 respectively). However, the CalGreen and
MWELO provisions specific to solid waste and recycling programs are reiterated in this ordinance for
clarity and ease of administration and interpretation.
Amendments to the City’s current franchise agreement with Burrtec will very
likely be needed.
Also, in the interest of internal Municipal Code consistency, the City will be
required to significantly revise its existing “Garbage” code at Grand Terrace
Municipal Code Chapter 8.52.
◦Such actions will be presented to the City Council at an upcoming meeting.
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SB 1383 implementation will entail additional staffing and administrative
costs to both the City and Burrtec,as well as capital outlays by Burrtec.
At this time,an accurate account of additional costs is not known and will
likely not be known until actual program implementation is undertaken.
Costs of SB 1383 implementation are most likely to be recovered through
(i)a refuse and recycling service rate adjustment to be proposed by Burrtec in
the coming year,and/or (ii)the recovery of City-incurred costs through
administrative fees to be paid by Burrtec to the City pursuant to Burrtec’s
franchise agreement.
8October 26, 2021
Adopt Ordinance No.___:“An Ordinance of the City Council of the
City of Grand Terrace,California,Adding Chapter 8.54 to Title 8
(“Health and Safety”)of the Grand Terrace Municipal Code,Entitled
“Specific Regulations for Organic Waste Disposal Reduction,
Recycling and Solid Waste Collection,”to Enact Regulations in
Compliance with Senate Bill (SB)1383 For The Implementation of
Food and Organics Recycling and Related Solid Waste and Recycling
Processing and Reporting;Adoption of an Exemption from the
California Environmental Quality Act”
9October 26, 2021
10October 26, 2021
The City’s franchised hauler, Burrtec, has reviewed the
ordinance and is also present tonight for further comment and
questions, if any.