HomeMy WebLinkAbout1I CITY COUNCIL STAFF REPORT
DATE: February 24, 2022 CONSENT CALENDAR
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING SUBMITTAL OF A
NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383
REGULATIONS
FROM: Justin Clifton, City Manager
BY: Office of Sustainability
SUMMARY:
The City Council is requested to adopt a resolution in support of the California Department
of Resources Recycling and Recovery (“CalRecycle”) Notification of Intent to Comply with
Senate Bill 1383 Regulations.
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING SUBMITTAL OF A NOTIFICATION
OF INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS.”
BACKGROUND:
In September 2016, Governor Brown set methane emissions reduction targets for
California (SB 1383 Lara, Chapter 395, Statues of 2016) in a statewide effort to reduce
emissions of short-lived climate pollutants. Many of these emissions come from landfilled
food and green waste, which is why the law is primarily focused on diverting organic
materials from landfills. Through increased recovery of food, green waste, and edible
food, the State must:
• Reduce organic waste disposal 50% by 2020 and 75% by 2025; and
• Rescue at least 20% currently disposed surplus food by 2025 for human
consumption.
Beginning on January 1, 2022, SB 1383 requires every jurisdiction to provide organic
waste collection services to all residents and businesses. As jurisdictions are preparing
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City Council Staff Report
February 24, 2022 -- Page 2
Resolution Authorizing the Submittal of a Notification of Intent to Comply with SB 1383
to implement the law, many local governments are facing challenges due to the COVID-
19 pandemic. In response, Governor Newsom signed SB 619 (Laird, Chapter 508,
Statutes of 2021) into law to support local governments as they design and implement
successful organic waste recycling programs throughout the state. The law authorizes
CalRecycle to waive civil penalties if a jurisdiction submits a Notification of Intent to
Comply for some or all of the regulatory requirements and successfully implements a plan
to correct their violations.
The City’s hauler, Palm Springs Disposal Services (PSDS), has placed orders and is
awaiting the delivery of new equipment such as trucks and carts to collect organic waste
under SB 1383 requirements. Currently, approximately 25% of Palm Springs residents
have a green cart for collection of green yard waste. Once residential organic waste
collection begins, residents will be instructed to bag their food waste in plastic bags and
place their bagged food waste into their green carts. Until the new equipment is received,
75% of Palm Springs residents will not have an organic waste cart to collect green yard
waste or food waste. PSDS will begin residential organic waste collection once all
residents have received a green cart which will likely occur by October 1, 2022.
The State is allowing jurisdictions that are unable to fully implement the regulations due
to the COVID-19 pandemic to submit to CalRecycle a Notification of Intent to Comply by
March 1, 2022. Due to the delayed implementation date in Palm Springs of October 1,
2022, a Notification of Intent to Comply is being submitted to CalRecycle to avoid
administrative civil penalties.
The SB 1383 enforcement structure allows CalRecycle to focus on compliance assistance
first and dedicate enforcement efforts to serious offenders. The regulations allow for
flexibility and deadline extensions in some instances when there are extenuating
circumstances causing compliance issues despite a jurisdiction’s substantial efforts, such
as the COVID-19 pandemic and natural disasters.
The enforcement process is an escalating process, and the timelines are not triggered
until a Notice of Violation is issued.
• CalRecycle has discretion to address compliance issues with a jurisdiction through
compliance evaluations prior to moving to enforcement proceedings.
• CalRecycle will consider the totality of circumstances surrounding a jurisdiction’s
compliance prior to issuing NOVs (Notice of Violation).
• CalRecycle has discretion to issue NOVs and, depending on circumstances, not
seek penalties.
If CalRecycle takes enforcement action, it can consider extenuating circumstances as
well as substantial efforts made by a jurisdiction and place the entity on a Corrective
Action Plan. CalRecycle has enforcement discretion to allow for a longer timeline for
compliance.
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City Council Staff Report
February 24, 2022 -- Page 3
Resolution Authorizing the Submittal of a Notification of Intent to Comply with SB 1383
The regulations allow for extended compliance timelines (under certain circumstances),
giving jurisdictions additional flexibility to come into compliance before penalties are
issued.
CalRecycle shall impose penalties administratively in accordance with Section 18997.3
of the code. Penalties, except for violations of the recovered organic waste product
procurement requirements in Section 18993.1, are as follows.
• Minor violation $500 to $4,000 per violation per day
• Moderate violation $4,000 to $7,500 per violation per day
• Major violation $7,500 to $10,000 per violation per day
SB 619 authorizes CalRecycle to issue a Corrective Action Plan for any jurisdiction with
an approved Notification of Intent to Comply even if the jurisdiction has not provided
sufficient funding, provided adequate staff, or adopted an enforcement ordinance. Upon
an approved notification, a jurisdiction may be eligible for both of the following: 1)
Administrative civil penalty relief for the 2022 calendar year pursuant to 14 CCR section
42652.5(d); and 2) A corrective action plan pursuant to 14 CCR Section 18996.2.
CalRecycle will waive administrative civil penalties for the 2022 calendar year for
violation(s) disclosed in a jurisdiction’s approved Notification of Intent to Comply, if the
jurisdiction implements the proposed action(s) to remedy the violation(s) in accordance
with the schedule in the Notification of Intent to Comply.
Additionally, for violations commencing during the 2022 calendar year and continuing into
the 2023 calendar year, administrative civil penalties will begin accruing starting January
1, 2023, but, if CalRecycle exercises its discretion to put a jurisdiction on a Corrective
Action Plan, any penalties may be waived upon a determination of full compliance with
the terms of the Corrective Action Plan (see 14 CCR section 18996.2).
FISCAL ANALYSIS
There is no fiscal impact for submitting the Notification of Intent to Comply.
REVIEWED BY:
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENT:
1. Resolution authorizing the submittal of a Notification of Intent to Comply with SB
1383.
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING SUBMITTAL
OF A NOTIFICATION OF INTENT TO COMPLY WITH THE
SENATE BILL 1383 REGULATIONS
WHEREAS, the California Department of Resources Recycling and Recovery
(“CalRecycle”), adopted regulations to implement Senate Bill 1383 (Lara, Statutes of
2016) (“SB 1383 Regulations”), to achieve the organic waste reduction goals established
in Health and Safety Code Section 39730.6 through a 50 percent reduction in the level
of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent
reduction in the level of the statewide disposal of organic waste from the 2014 level by
2025; and
WHEREAS, the City of Palm Springs (“City”) is a local jurisdiction required to
comply with the SB 1383 Regulations; and
WHEREAS, the City is or expects to be facing continuing violations of the SB
1383 Regulations commencing during the 2022 calendar year; and
WHEREAS, Senate Bill 619 (Laird, Statutes of 2021), amended Public Resources
Code Section 42652.5, created a mechanism called a Notification of Intent to Comply
through which a local jurisdiction may secure administrative civil penalty relief from any
continuing violations of the SB 1383 Regulations for the 2022 calendar year and may be
eligible for a broader and longer-term regulatory compliance path, including suspended
administrative civil penalties, through a corrective action plan; and
WHEREAS, the City is a local jurisdiction authorized by SB 619 to submit a
Notification of Intent to Comply for CalRecycle approval; and
WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly
adopted by the jurisdiction by formal written resolution and meets the requirements of
SB 619.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm
Springs, as follows:
Section 1. The foregoing recitals are true and correct and are hereby
incorporated and made an operative part of this Resolution.
Section 2. The City Council hereby adopts the Notification of Intent to Comply
attached as Exhibit “A” and authorizes and directs the City Clerk to submit the
Notification of Intent to Comply to CalRecycle for approval.
Section 3. By submitting the Notification of Intent to Comply pursuant to SB 619,
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the City represents and certifies that it will implement the proposed actions to remedy
the violations according to the proposed schedule as approved by CalRecycle and in
accordance with SB 619 and the SB 1383 Regulations.
Section 4. The City agrees to comply with any maximum compliance deadline in
any corrective action plan that CalRecycle, in its sole discretion, determines to be
necessary and appropriate under the circumstances for the correction of any
violation(s) of the SB 1383 Regulations identified in its Notification of Intent to Comply.
ADOPTED THIS 24TH DAY OF FEBRUARY, 2022.
Justin Clifton, City Manager
ATTEST:
Anthony J. Mejia, MMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on _______________________, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this ______ day of ______________, _________.
Anthony J. Mejia, MMC
City Clerk
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Exhibit A
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Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a
county and city, or special districts providing solid waste collection services) for purposes of
submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC)
section 42652.5(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the
Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code
of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the
jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to
NOIC@CalRecycle.ca.gov.
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction
is unable to comply.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations
within the timelines established in 14 CCR section 18996.2 with a proposed schedule for
doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to
comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section
42652.5(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2.
a. CalRecycle may address through a corrective action plan any violations disclosed in a
jurisdiction’s notification that will take more than 180 days to correct. In this situation,
the proposed actions and schedule in the jurisdiction’s approved notification will be in
effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its
notification with an approval, disapproval, request for additional information, or timeline for a
decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not
meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s
notification.
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Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: City of Palm Springs County:Riverside
Person Completing the Form:Tracy Sheldon
First Name: Tracy Last Name: Sheldon
Title: Office of Sustainability Program Coordinator
Mailing Address: 3200 E. Tahquitz Canyon
Way
City: Palm Springs Zip Code: 92262
Email Address: tracy.sheldon@palmspringsca.gov
Phone Number: 760-323-8248
1. Select using the check boxes below or write in the continuing violations for each applicable
regulatory section. For each selection, please describe the specific violations related to the
regulatory section.
Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
i. Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents
ii. Not implementing mandatory commercial organics collection for all businesses under
2 cubic yards. Note: City already provides mandatory commercial organics collection
to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential
violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is
not included since the requirements are further specified in sections 18984.1-18984.11.
(B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
(C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services
(D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services
(E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste
Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization
(G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination
Minimization
(H) 14 CCR section 18984.7 Container Color Requirements
(I) 14 CCR section 18984.8 Container Labeling Requirements
(J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction
(K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach.
(L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach
(M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with
Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers
(O) 14 CCR section 18988.3. Self-haulers of Organic Waste
(P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction
Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
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[SJ
• • •
[SJ
[SJ
[SJ
[SJ
• • • •
• • •
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(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance
(S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program
(T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food
Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning
(V) 14 CCR section 18992.2. Edible Food Recovery Capacity
(W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target
(X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste
Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements
(Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper
Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting
Note: This requirement is not included since jurisdictions are still expected to report to
CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements
Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be
completing this action due to the requirements of PRC Chapter 12.9 (commencing with
Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements
(DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations
Note: This requirement is not included since jurisdictions are still expected to investigate
complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction
Use the check box(es) below to write in the continuing violations for any regulatory section(s) not
reflected above and describe the specific violations related to the regulatory section.
Example:
☒ (1) (Type regulatory section number) (Type regulatory section title)
i. Describe the specific violations related to the regulatory section
(1)
(2)
(3)
(4)
(5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by
documentation, if applicable.
The City has already adopted its SB 1383 enforceable ordinance. Currently, some residential
customers have a green container for green waste (yard waste). However, the City's hauler,
Palm Springs Disposal Service (PSDS), is awairing on the on the delivery of new equipment
such as trucks and carts to collect organic waste. Until that new equipment is received,
residents that do receive a green cart can only place green yard (no food waste) in the
containers until PSDS notifies residential customers that it will begin accepting organic waste in
the green carts; which will likely occur on October 1, 2022. The City has prepared information
for customers regarding this update.
City is currently working with PSDS to amend its franchise agreement and adopt new organic
waste collection rates. The rate increases will be subject to a Prop. 218 hearing and those
procedural requirements.
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3. A description of the impacts of the COVID-19 pandemic on compliance.
While the City and PSDS have had an extensive number of meetings in 2021 to rework its entire
franchise agreement, staffing turnover during 2021 have delayed the adoption of the franchise
agreement. In addition, the City Council approved rate adjustments to its solid waste collection
services (not including SB 1383 programs) that will be collected through June 30, 2022. City
residents and businesses have been financially impacted by the COVID-19 pandemic, and this
has made it challenging to introduce new collection services and increased rates when residents
and businesses just approved an increase in 2021 and may be struggling to make ends meet. It
is possible that the backlog in trucks and carts for organic waste collection services may be due
to impacts from COVID-19.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations
with a proposed schedule for completing each action. The proposed actions shall be tailored to
remedy the violations in a timely manner. See optional format below.
As mentioned above, the City is considering an amended and reinstated franchise agreement,
which will take time by City staff and PSDS to prepare, review and present to the City Council.
PSDS will prepare a rate proposal and City staff would need time to review and evaluate the
rate proposal. City staff will present the information to Council before sending the Prop. 218
notice to property owners and tenants. City staff, in conjunction with legal counsel, would need
to prepare a Prop. 218 notice, and coordinate printing and mailing of the notices. Then, the City
would work to educate solid waste customers about changes in solid waste collection services
and new rates that will take effect.
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I hereby certify under penalty of perjury that the information provided herein is true and correct to the
best of my knowledge.
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Signature
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Printed Name
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Title
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Date
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Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the
violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Negotiate amended Franchise Agreement with PSDS Date to be completed:
April 30, 2022
TASK 2: Amend Franchise Agreement with PSDS for PSDS to
implement SB 1383 organic waste collection services, adopt
increased solid waste collection rates for SB 1383 programs
Date to be completed:
June 1, 2022
TASK 3: Implement organic waste collection services to
residential customers
Date to be completed:
October 1, 2022
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:
TASK 2: Date to be completed:
EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste
Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents
Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify
collection routes
Date to be completed:
4/7/2022
TASK 2: The city will work with its hauler to find a facility to
accept mixed organic waste.
Date to be completed:
4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste
Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under
2 cubic yards. Note: City already provides mandatory commercial organics collection to all
businesses 2 cubic yard or more.
Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify
collection routes
Date to be completed:
4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute
appropriate containers to all commercial accounts. The city will
obtain monthly reports from the hauler to monitor full distribution
of carts.
Date to be completed:
4/28/2022
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