a. Procurement target.
1. The city will annually procure for use or giveaway a quantity of recovered organic waste products that meets or exceeds its annual recovered organic waste product procurement target through the implementation of Sections C through E of this policy.
2. To be eligible to meet the annual recovered organic waste product procurement target, products that may be procured include the following (provided that each product meets the criteria included in their respective definition in Section B of this policy):
i. SB 1383 eligible compost (as defined in Section B.3).
ii. SB 1383 eligible mulch (as defined in Section B.18).
iii. Renewable gas (in the form of transportation fuel, electricity, or heat) (as defined in Section B.15).
iv. Electricity procured from biomass conversion (as defined in Section B.5).
b. Requirements for city departments.
1. Compost and SB 1383 eligible mulch procurement. Divisions and departments responsible for landscaping maintenance, renovation, or construction shall:
i. Use compost and SB 1383 eligible mulch produced from recovered organic waste, as defined in Section B.3 and B.18 of this policy, for landscaping maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852 (a)(24.5)(A)(1) through (3).
ii. When the city uses compost and SB 1383 eligible mulch and the applications are subject to the city's Water Efficient Landscaping Ordinance (WELO), comply with one of the following, whichever is more stringent, (i) the city's WELO, if more stringent than the state's Model Water Efficient Landscape Ordinance (MWELO), or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the state's Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a "Soil Preparation, Mulch, and Amendments Section" to include the following:
iii. For landscape installations, compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.
iv. Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.
v. Procure organic mulch materials made from recycled or post-consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
vi. For all mulch that is land applied, procure SB 1383 eligible mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
c. Keep records, including invoices or proof of recovered organic waste product procurement (either through purchase or acquisition), and submit records to the recordkeeping designee, on a schedule to be determined by recordkeeping designee. Records shall include:
1. General procurement records, including:
i. General description of how and where the product was used and applied, if applicable;
ii. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured;
iii. Type of product;
iv. Quantity of each product; and,
v. Invoice or other record demonstrating purchase or procurement.
2. For compost and SB 1383 eligible mulch provided to residents through giveaway events or other types of distribution methods, keep records of the compost and SB 1383 eligible mulch provided to residents. Records shall be maintained and submitted to the recordkeeping designee in accordance with the requirements specified in Section C-2 1.c.
3. For procurement of SB 1383 eligible mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured by the city or direct service provider meets the land application standards specified in 14 CCR Section 18993.1, as it may be amended from time to time.
d. When procurement of recovered organic waste products occurs through a direct service provider, enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 eligible mulch, compost, renewable gas, and/or electricity procured from biomass conversion; and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the direct service provider is not compliant with the requirements.
i. Renewable gas procurement (used for fuel for transportation, electricity, or heating applications). For renewable gas procurement, the city shall:
ii. Procure renewable gas made from recovered organic waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available for the city and to help meet the annual recovered organic waste product procurement target, which requires compliance with criteria specified in 14 CCR Section 18993.1.
4. Keep records in the same manner indicated in Section C-2 1.c for the amount of renewable gas procured and used by the city, including the general procurement record information specified in Section C-2 1.c.1, and submit records to the recordkeeping designee on a quarterly schedule. The quarterly schedule shall be as follows: Renewable gas records are to be provided to the recordkeeping designee by April 15 for January 1 through March 31, July 15 for April 1 through June 30, October 15 for July 1 through September 30, and January 15 for October 1 through December 31. The city shall additionally obtain the documentation and submit records specified in Section C-2 2.c below, if applicable.
5. If the city procures renewable gas from a POTW,
i. Annually verify that the renewable gas from the POTW complies with the requirements specified in 14 CCR Section 18993.1(h), including, but not limited to the exclusion in 14 CCR Section 17896.6(a)(1) and the items listed in this Section C-2 2.c.
ii. Annually receive a record from the POTW documenting the tons of organic waste received by the POTW from: (i) a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), that is permitted or authorized under 14 CCR Division 7; (ii) transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or (iii) a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
iii. Annually receive documentation from the POTW of the percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal in order to demonstrate that the POTW transported less than twenty-five percent (25%) of the biosolids it produced to activities that constitute landfill disposal. For the purposes of this policy, landfill disposal is defined pursuant to 14 CCR Section 18983.1(a) and includes final disposition at a landfill; use of material as alternative daily cover or alternative intermediate cover at a landfill, and other dispositions not listed in 14 CCR Section 18983.1(b). Alternative daily cover or alternative intermediate cover are defined in 27 CCR Sections 20690 and 20700, respectively.
iv. Annually receive documentation that the POTW receives vehicle-transported solid waste that is an anaerobically digestible material for the purpose of anaerobic co-digestion with POTW treatment plant wastewater to demonstrate that the POTW meets the requirement of 14 CCR Section 18993.1(h) (2).
v. The city shall submit these records to the recordkeeping designee on an annual basis, not to exceed twenty (20) days from receipt of notification from the POTW.
e. Electricity procured from biomass conversion. For electricity procured from biomass conversion, the city shall:
i. Procure electricity from a biomass conversion facility that receives feedstock from a composting facility, transfer/ processing facility, a solid waste landfill, and/or receives feedstock from the generator or employees on behalf of the generator of the organic waste and to the degree that it is available and practicable for the city and to help meet the annual recovered organic waste product procurement target, which requires compliance with criteria specified in 14 CCR Section 18993.1.
ii. Maintain records and conduct the following recordkeeping activities:
A. Keep records in the same manner indicated in Section C-2 1.c. of this policy for the amount of electricity procured from biomass conversion facilities, including the general procurement record information specified in Section C-2 1.c.1.
B. Receive written notification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 14 CCR Section 18993.1(i).
C. Provide these records to the recordkeeping designee.
f. Requirements for direct service providers.
1. Direct service providers of landscaping maintenance, renovation, and construction shall:
i. Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, as defined in Section B.2 and B.18 of this policy, for all landscaping renovations, construction, or maintenance performed for the city, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852 (a) (24.5) (A)(1) through (3).
ii. If direct service provider is subject to the city's WELO, comply with one of the following, whichever is more stringent: (i) the locally-adopted WELO that is more stringent than the state's MWELO, or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the state's MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a "Soil Preparation, Mulch, and Amendments Section" to include the following:
A. For landscape installations, compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.
B. Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.
C. Procure organic mulch materials made from recycled or post-consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
D. For all mulch that is land applied, procure SB 1383 eligible mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
g. Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to recordkeeping designee, on a schedule to be determined by recordkeeping designee. Information to be provided shall include:
1. General description of how and where the product was used and if applicable, applied;
2. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured;
3. Type of product;
4. Quantity of each product; and,
5. Invoice or other record demonstrating purchase or procurement.
h. Direct service provider of organic waste collection services shall:
1. Provide a specified quantity of compost or SB 1383 eligible mulch to the city and its customers via periodic "giveaways" as specified in a franchise agreement or other agreement.
2. Keep and provide records to the city including the following:
i. Dates provided
ii. Source of product including name, physical location and contact information for each entity, operation or facility from whom the recovered organic waste products were procured;
iii. Type of product;
iv. Quantity provided; and,
v. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location.
i. Renewable gas procurement by direct service providers.
1. If renewable gas made from recovered organic waste is used by direct service providers, direct service providers shall submit information listed in Section C-3 2.b.1-5 on a schedule to be determined by the city, but not less than annually to the recordkeeping designee.
2. Renewable gas used by direct service providers under Sections C-3 A and C-3 B shall comply with criteria specified in 14 CCR Section 18993.1.
(Ord. 677 § 2, 2021)