Title
Supervisor Parlin recommending the Board authorize the Chair to sign a letter of support for Senate Bill 1191, related to organic waste management, allowing low population counties and rural jurisdictions to develop and implement alternative organic waste management programs.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
SB 1383 (Lara, 2016) requires the state to reduce organic waste disposal 75% and to increase edible food recovery 20 percent by 2025. CalRecycle’s SB 1383 regulations are nearly finalized and will be challenging to implement. CalRecycle estimates the cost may reach $40 billion over the next decade and will require adding 50 - 100 new/expanded facilities. The regulations require:
• Commercial and residential organic waste collection and recycling
• Sampling and monitoring to minimize contamination
• Procurement of organic waste products by jurisdictions
• Local infrastructure capacity planning for organic waste facilities
• Establishing food waste recovery programs
• Public education and outreach
• Extensive recordkeeping, reporting, and enforcement
The regulations include provisions for temporary waivers/exemptions for which jurisdictions can apply, including:
• Until December 31, 2026, a rural jurisdiction exemption (19 counties with populations of less than 70,000 are eligible)
• Renewable five-year waivers for organic waste collection for areas with a low population density (census tracts with fewer than 75 persons/square mile)
• High altitude elevations (over 4,500’) for food waste separation and recovery requirements programs in place of the SB 1383 mandates. SB 1191 will temporarily (until January 1, 2028 for low population counties and January 1, 2035 for rural jurisdictions) allow local alternative organic waste management programs that recover edible food waste, evaluate collaborative approaches to organic waste recycling for animal feed and compost production, and explore opportunities for siting new regional organic waste facilities and markets.
• Exempts jurisdictions below 4,500’ with nearby bear populations from food separation and collection requirements for residential and small commercial generators.
• Aligns CalRecycle’s organic waste management statute to conform it to long-standing provisions that require CalRecycle to consider whether a jurisdiction made a “good faith” effort to implement its recycling program before issuing a compliance order or imposing penalties on that jurisdiction. SB 1383’s statutory placement precludes CalRecycle from exercising such commonsense considerations and leaves little flexibility in CalRecycle’s enforcement strategy.
The Rural County Representatives of California (RCRC) and the Rural Counties’ Environmental Services Joint Powers Authority worked with CalRecycle to reduce the burden of the proposed regulations; however, there is still not enough flexibility. To provide additional flexibility, RCRC is sponsoring SB 1191 (Dahle) which:
Allows low population counties (populations 70,000-250,000) and rural counties (populations less than 70,000) to implement alternative organic waste management
CLERK OF THE BOARD FOLLOW UP ACTIONS
Obtain the Chair's signature, send letter to recipients.
STRATEGIC PLAN COMPONENT
Infrastructure: Provide, operate and maintain our infrastructure, public facilities, and associated services that protect our community, environment and economic well-being.
CONTACT
Shelley Wiley