(A) Purpose. It is the policy of the city, applicable to all departments and divisions, to incorporate environmental considerations including recycled-content and recovered organic waste product use into purchasing practices and procurement. This recovered organic waste product procurement policy (policy) will help the city to:
(1) Protect and conserve natural resources, water, and energy;
(2) Minimize the city's contribution to climate change, pollution, and solid waste disposal; and
(3) Comply with state requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of recovered organic waste products to support organic waste disposal reduction targets and markets for products made from recycled and recovered organic waste materials, and to purchase recycled-content paper products and recycled- content printing and writing paper.
(B) Definitions. The following definitions will be applicable to this section:
ANNUAL RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT TARGET. The amount of organic waste in the form of a recovered organic waste product that the city is required to procure annually under 14 CCR § 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of organic waste per California resident per year, times the city's residential population using the most recent annual data reported by the California Department of Finance. Annually, CalRecycle will provide notice to each city of its annual recovered organic waste product procurement target by posting such information on CalRecycle's website and providing written notice directly to the city.
CITY. The City of San Gabriel
COMPOST. Means:
(a) The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR § 17896.2(a)(4).
(b) Compost eligible for meeting the annual recovered organic waste product procurement target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the state's composting operations regulatory requirements.
DIRECT SERVICE PROVIDER. A person, company, agency, district, or other entity that provides a service or services to the city pursuant to a contract or other written agreement or as otherwise defined in 14 CCR § 18982(a)(17).
ELECTRICITY PROCURED FROM BIOMASS CONVERSION. Electricity generated from biomass facilities that convert recovered organic waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the city's annual recovered organic waste product procurement target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR § 18993.1(i).
ORGANIC WASTE. Solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR § 18982(a)(46). Biosolids and digestate are as defined in 14 CCR § 18982(a)(4) and 14 CCR § 18982(a)(16.5), respectively.
PAPER PRODUCTS. Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR § 18982(a)(51).
PRINTING AND WRITING PAPERS. Include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR § 18982(a)(54).
PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCTS. Purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the city or others. The city's annual recovered organic waste product procurement target can be fulfilled directly by the city or by direct service providers through written contracts or agreements for procurement of recovered organic waste products at the city's behest.
PUBLICLY-OWNED TREATMENT WORKS or POTW. Has the same meaning as in § 403.3(r) of Title 40 of the Code of Federal Regulations.
RECOVERED ORGANIC WASTE PRODUCTS. Products made from California, landfill-diverted recovered organic waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR § 18982(a)(60). Products that can be used to meet the annual recovered organic waste product procurement target shall include compost, SB 1383 eligible mulch, renewable gas from an in-vessel digestion facility, and electricity procured from biomass conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.
RECORDKEEPING DESIGNEE. The public employee appointed by the City Manager or their designee to track procurement and maintain records of recovered organic waste product procurement efforts both by the city and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.
RECYCLABILITY. The paper products and printing and writing paper offered or sold to the city are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations § 260.12 (2013).
RECYCLED-CONTENT PAPER PRODUCTS AND RECYCLED-CONTENT PRINTING AND WRITER PAPER. Such products that consist of at least 30%, by fiber weight, postconsumer fiber, consistent with the requirements of Cal. Public Contract Code §§ 22150 to 22154 and §§ 12200 and 12209, and as amended.
RENEWABLE GAS. Gas derived from organic waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover organic waste, or as otherwise defined in 14 CCR § 18982(a)(62).
SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Cal. Health and Safety Code §§ 39730.5, 39730.6, 39730.7, and 39730.8, and added Cal. Public Resources Code Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
SB 1383 REGULATIONS or SB 1383 REGULATORY. Means or refers to, for the purposes of this policy, the Short-Lived Climate Pollutants (SLCP): organic waste reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
SB 1383 ELIGIBLE MULCH. Mulch eligible to meet the annual recovered organic waste product procurement target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 eligible mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR § 18993.1(f)(4):
(a) Produced at one of the following facilities:
1. A compostable material handling operation or facility as defined in 14 CCR § 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR § 17852(a)(10);
2. A transfer/processing facility or transfer/processing operation as defined in 14 CCR §§ 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or
3. A solid waste landfill as defined in Cal. Public Resources Code § 40195.1 that is permitted under 27 CCR Division 2.
(b) Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR § 17852 (a)(24.5)(A)1 through 3.
STATE. The State of California.
(C) Recovered organic waste product procurement.
(1) Procurement target.
(a) 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 divisions (C) through (E) of this section.
(b) 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 division (B) of this section):
1. SB 1383 eligible compost.
2. SB 1383 eligible mulch.
3. Renewable gas in the form of transportation fuel, electricity, or heat.
4. Electricity procured from biomass conversion.
(2) Requirements for city departments.
(a) Compost and SB 1383 eligible mulch procurement. Divisions and departments responsible for landscaping maintenance, renovation, or construction shall:
1. Use compost and SB 1383 eligible mulch produced from recovered organic waste 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 § 17852(a)(24.5)(A)(1) through (3).
2. 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) § 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:
(b) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling.
(c) Apply a minimum three-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 5% of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.
(d) Procure organic mulch materials made from recycled or postconsumer 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.
(e) 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 § 17852(a)(24.5)(A)(1) through (3).
(f) 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:
a. General description of how and where the product was used and applied, if applicable;
b. 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;
c. Type of product;
d. Quantity of each product; and
e. 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 this section.
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 § 18993.1, as it may be amended from time to time.
(g) 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:
1. Definitions and specifications for SB 1383 eligible mulch, compost, renewable gas, and/or electricity procured from biomass conversion; and
2. An enforcement mechanism (e.g., termination, liquidated damages) in the event the direct service provider is not compliant with the requirements.
(3) Renewable gas procurement (used for fuel for transportation, electricity, or heating applications). For renewable gas procurement, the city shall:
(a) 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 § 18993.1.
(b) Keep records in the same manner indicated in this section for the amount of renewable gas procured and used by the city, including the general procurement record information specified in this section, 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 this section, if applicable.
(c) If the city procures renewable gas from a POTW:
1. Annually verify that the renewable gas from the POTW complies with the requirements specified in 14 CCR § 18993.1(h), including, but not limited to the exclusion in 14 CCR § 17896.6(a)(1) and the items listed in this section.
2. Annually receive a record from the POTW documenting the tons of organic waste received by the POTW from:
a. A compostable material handling operation or facility as defined in 14 CCR § 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR § 17852(a)(10), that is permitted or authorized under 14 CCR Division 7;
b. Transfer/processing facility or transfer/processing operation as defined in 14 CCR § 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or
c. A solid waste landfill as defined in Cal. Public Resources Code § 40195.1 that is permitted under 27 CCR Division 2.
3. 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 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 § 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 § 18983.1(b). Alternative daily cover or alternative intermediate cover are defined in 27 CCR §§ 20690 and 20700, respectively.
4. 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 § 18993.1(h)(2).
5. The city shall submit these records to the recordkeeping designee on an annual basis, not to exceed 20 days from receipt of notification from the POTW.
(4) Electricity procured from biomass conversion. For electricity procured from biomass conversion, the city shall:
(a) 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 § 18993.1.
(b) Maintain records and conduct the following recordkeeping activities:
1. Keep records in the same manner indicated in this section for the amount of electricity procured from biomass conversion facilities, including the general procurement record information specified in this section.
2. 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 § 18993.1(i).
3. Provide these records to the recordkeeping designee.
(D) Requirements for direct service providers.
(1) Direct service providers of landscaping maintenance, renovation, and construction shall:
(a) Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste 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 § 17852 (a)(24.5)(A)(1) through (3).
(b) If direct service provider is subject to the city's WELO, comply with one of the following, whichever is more stringent:
1. The locally-adopted WELO that is more stringent than the state's MWELO; or
2. 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 four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling.
b. Apply a minimum three-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 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 § 17852(a)(24.5)(A)(1) through (3).
(c) 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.
(2) Direct service provider of organic waste collection services shall:
(a) 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.
(b) Keep and provide records to the city including the following:
1. Dates provided;
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 provided; and
5. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location.
(3) Renewable gas procurement by direct service providers.
(a) If renewable gas made from recovered organic waste is used by direct service providers, direct service providers shall submit information listed in this section on a schedule to be determined by the city, but not less than annually to the recordkeeping designee.
(b) Renewable gas used by direct service providers under divisions (C)(3)(a) and (b) shall comply with criteria specified in 14 CCR § 18993.1.
(E) Recycled-content paper procurement.
(1) Requirements for city departments:
(a) Comparable or more favorable pricing. If fitness and quality of recycled-content paper products and recycled-content printing and writing paper are equal to that of non-recycled items, all departments and divisions of the city shall purchase recycled-content paper products and recycled-content printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Cal. Public Contracts Code, §§ 22150 through 22154 and §§ 12200 and 12209, as amended.
(b) All paper products and printing and writing paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations § 260.12 (2013).
(c) Provide records to the recordkeeping designee of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the city. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in this section for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled-content paper products and/or non-recycled-content printing and writing paper are provided, include a description of why recycled-content paper products and/or recycled-content printing and writing paper were not provided.
(2) Requirements for vendors.
(a) All vendors that provide paper products (including janitorial paper products) and printing and writing paper to the city shall:
1. Provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item and available at equal or lesser price.
2. Only provide paper products and printing and writing papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations § 260.12 (2013).
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, under penalty of perjury, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations § 260.12 (2013).
5. Provide records to the recordkeeping designee of all paper products and printing and writing paper purchased from the vendor within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the city. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled-content paper products and/or non-recycled-content printing and writing paper are provided, include a description of why recycled-content paper products and/or recycled-content printing and writing paper were not provided.
(b) All vendors providing printing services to the city via a printing contract or written agreement, shall use printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as amended by Cal. Public Contract Code § 12209.
(F) Recordkeeping responsibilities.
(1) The Finance Department will be the responsible department and will select an employee to act as the recordkeeping designee that will be responsible for obtaining records pertaining to procurement of recovered organic waste products and recycled-content paper products and recycled-content printing and writing paper.
(2) The recordkeeping designee will do the following to track procurement of recovered organic waste products, recycled-content paper products, and recycled-content printing and writing paper:
(a) Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of printing and writing paper and paper products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring paper products and printing and writing paper (whether or not they contain recycled content) and/or from the vendors providing printing and writing paper and paper products. These records must be kept as part of city's documentation of its compliance with 14 CCR § 18993.3.
(b) Collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring recovered organic waste products and invoices or similar records from vendors/contractors/others procuring recovered organic waste products on behalf of the city to develop evidence of the city meeting its annual recovered organic waste product procurement target. These records must be kept as part of the city's documentation of its compliance with 14 CCR § 18993.1.
(c) Collect, collate, and maintain documentation submitted by the city, direct service providers, and/or vendors, including the information reported to the recordkeeping designee in accordance with this section.
(d) Compile an annual report on the city's direct procurement, and vendor/other procurement on behalf of the city, of recovered organic waste products, recycled-content paper products, and recycled-content printing and writing paper, consistent with the recordkeeping requirements contained in 14 CCR § 18993.2 for the annual recovered organic waste product procurement target and 14 CCR § 18993.4 for recycled-content paper products and recycled-content printing and writing paper procurement. This report shall be made available to the city's responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with Council annually as evidence of implementing this policy.
(G) Effective date of policy. This policy shall go into effect December 2, 2021.
(Ord. 681, passed 11-2-21)