HomeMy WebLinkAbout24994RESOLUTION NO. 24994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING THE
ENVIRONMENTALLY PREFERABLE PURCHASING
POLICY.
WHEREAS, the California Department of Resources Recycling and Recovery has
adopted regulations to implement Senate Bill 1383 to achieve waste reduction goals
through actions that will lead to reductions of the disposal of organic waste, and requires
all local jurisdictions to comply with Senate Bill 1383 regulations; and
WHEREAS, the City Council of the City of Palm Springs adopted the Sustainability
Master Plan on June 23, 2016, via Resolution No. 24053, which establishes the goal of
embedding sustainable principles and practices into City operations and encourages the
adoption of sustainable practices and purchasing policies as a means to reduce waste,
improve air quality, minimize the consumption of resources, and reduce factors that
contribute to climate change; and
WHEREAS, the City Council finds that the City of Palm Springs Environmentally
Preferable Purchasing Policy will assist in complying with State requirements for waste
reduction and implement the goals and actions of the Sustainability Master Plan.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. That the Environmentally Preferable Purchasing Policy, included as
Exhibit A to this Resolution, is hereby approved by the City Council of the City of Palm
Springs, and shall be implemented by City staff.
Resolution No. 24994
Page 2
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS
10TH DAY OF MARCH 2O22
ATTEST:
MONIQUHMVI. LOMELI, CMC
INTERIM TY CLERK
%'Yd4A
JUSTI LIFTON
CITY MANAGER
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, MONIQUE LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify
that Resolution No. 24994 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 March 10, 2022, by the
following vote:
AYES: Councilmembers Kors, Woods, Mayor Pro Tern Garner, and Mayor
Middleton
NOES: None
ABSENT: Councilmember Holstege,
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this "y day of , - =2- .
MbNqu Lomeli, Interim City Clerk
City of ftIm Springs, California
City of Palm Springs
Environmentally MARCH 10, 2022
Preferable Purchasing
Policy
Resolution No. 24994
Page 4
1.0 STATEMENT OF POLICY..........................................................................................................1
2.0 PURPOSE...................................................................................................................................1
3.0 SB 1383 PROCUREMENT REQUIREMENTS FOR RECYCLED CONTENT PAPER AND
RECOVERED ORGANIC WASTE PRODUCTS...................................................................................2
3.1 Procurement Target for Recovered Organic Waste Products..................................................2
3.2 Requirements for Recoverd Organic Waste Products.............................................................2
3.3 Requirements for Purchase of Recycled Content Paper and Recycled Content Printing and
Writing Paper .............
4.0 IMPLEMENTATION....................................................................................................................4
5.0 PROGRAM EVALUATION..........................................................................................................6
6.0 DEFINITIONS.............................................................................................................................6
Resolution No. 24994
Page 5
CITY OF PALM SPRINGS ENVIRONMENTALLY PREFERABLE PURCHASING POLICY
It is the policy of the City of Palm Springs to:
A. Support Municipal Code 7.02.030, which states: "Guidelines shall be established governing the
review and approval of specifications for the procurement of selected materials based on
consideration of recycling, energy conservation, life cycle costing and other environmental
considerations. "
B. Require purchase of products and services that minimize environmental and health impacts,
toxics, pollution, and hazards to worker and community safety and to the larger global community
to the greatest extent practicable
It is not the intent of this policy to require a department, buyer or contractor to take any action that
conflicts with local, state or federal requirements or to procure products that do not perform adequately
for their intended use, exclude adequate competition, or are not available at a reasonable price in a
reasonable period of time. Products that have already been purchased that do not meet these
purchasing guidelines should be used until they need to be replaced. New purchases should follow this
policy and any exceptions noted.
This policy includes references to the following City and State policies and regulations, which are
included as attachments:
A. Reusable Food Service Ware and Plastic Waste Reduction (City Food Ware Ordinance 2045)
(Chapter 5.87 of the Palm Springs Municipal Code)
B. SB 1383 Recovered Organic Waste Procurement and Reporting Regulations (14 CCR Division
7, Chapter 12, Articles 12 and Article 13)
C. California Public Contract Code Section 10409
D. Maximum Metal and Pathogen Concentrations for Recovered Mulch or Compost
E. Water Efficient Landscaping (Chapter 8.60 of the Palm Springs Municipal Code)
F. State Department of Water Resources' Model Water Efficient Landscape Ordinance — 23 CCR
Sections 492.6 (a)(3)(B), (C), (D), and (G) (See also 14 CCR Section 18989.2)
G. Public Contract Code Sections 22150 through 22154 and Sections 12200 and 12209, and as
amended (See also 14 CCR Section 18989.3)
This Policy is adopted to address the following:
A. Minimize health risks to City staff and residents by:
1. Purchasing products that have fewer toxic chemicals where possible.
B. Minimize the City's contribution to global climate change by:
1. Purchasing energy from renewable or green sources instead of from fossil fuels.
2. Promoting energy -efficient practices and technologies.
C. Improve air quality by:
1. Purchasing products that contribute to improved indoor air quality.
Resolution No. 24994
Page 6
2. Implementing practices that reduce generation of harmful particulate matter and
emissions of toxic chemicals.
D. Protect the quality of ground and surface waters by:
1. Purchasing products and implementing practices that reduce pollution and conserve
water.
E. Minimize the City's consumption of resources by:
1. Increasing product efficiency and effectiveness, using products that are durable and long-
lasting, and reducing materials that are landfilled.
2. Purchasing products that include recycled content.
F. Support emerging and established manufacturers and vendors that reduce environmental and
human health impacts in their services and production and distribution systems.
G. Comply with State requirements of SB 1383 procurement regulations (14 CCR Division 7,
Chapter 12, Article 12) (Attachment B) to procure a specified amount of Recovered Organic
Waste Products that will 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.
The City will purchase recovered organic waste products consistent with the requirements of the SB
1383 Regulations as outlined in this section.
3.1 PROCUREMENT TARGET FOR RECOVERED ORGANIC WASTE PRODUCTS
A. The City of Palm Springs will annually procure for use or giveaway a quantity of Recovered
Organic Waste Products that meets or exceeds an Annual Recovered Organic Waste Product
Procurement Target, which will be calculated by multiplying the City's population (according to
the most recent data posted by the Department of Finance) by .08 tons.
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 in their respective definitions included in the SB 1383 Regulations):
a. Compost
b. Mulch
c. Renewable Gas (in the form of transportation fuel, electricity, or heat)
d. Electricity Procured from Biomass Conversion
3.2 REQUIREMENTS FOR RECOVERED ORGANIC WASTE PRODUCTS
A. Divisions and departments and any Direct Service Providers responsible for landscaping
maintenance, renovation, or construction that purchase Mulch or Compost shall:
Resolution No. 24994
Page 7
1. Use Compost and Mulch that satisfies the Recovered Organic Waste Procurement
Targets of SB 1383 Regulations (14 CCR Section 18993.1) for landscaping maintenance,
renovation, or construction, as practicable, whenever available. 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). The supplier should verify that materials meet these
requirements.
2. When using Compost and Mulch, the applications are subject to Chapter 8.60 (Water
Efficient Landscaping) of the Municipal Code; and 23 CCR Sections 492.6 (a)(3)(B), (C),
(D), and (G) of the State's Model Water Efficient Landscape Ordinance(23 CCR Division
2, Chapter 2.7 , as amended September 15, 2015,; whichever is more stringent. Keep
records, including invoices or proof of Recovered Organic Waste Product procurement
(either through purchase or acquisition), and submit records to the Office of Sustainability,
upon completion of project. Records shall include:
i. General procurement records, including:
1. General description of how and where the product was used and applied, if
applicable;
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.
ii. For Compost and Mulch provided to residents through giveaway events or other
types of distribution methods, keep records of the Compost and provided to
residents.
B. When Procurement of Mulch or Compost occurs through a Direct Service Provider, enter into a
written contract or agreement or execute a purchase order that requires the Direct Service
Provider to comply with the SB 1383 requirements.
C. Should the City decide to pursue purchase of other recovered organic waste material such as
Renewable Gas or electricity from biomass conversion, this policy will be updated with
appropriate purchasing and recordkeeping requirements.
3.3 REQUIREMENTS FOR PURCHASE OF RECYCLED CONTENT PAPER PRODUCTS
AND RECYCLED CONTENT PRINTING AND WRITING PAPER
A. If fitness, quality, and price of Recycled -Content Paper Products and Recycled -Content Printing
and Writing Paper are equal to that of non -recycled items, all departments and divisions shall
purchase Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper
that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber. (This
Resolution No. 24994
Page 8
requirement is consistent with the requirements of the Public Contract Code, Sections 22150
through 22154 and Sections 12200 and 12209, and as amended.)
B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an
Unqualified Recyclable label.
C. Individuals responsible for purchasing items included in this section shall provide records to the
Office of Sustainability of all Paper Products and Printing and Writing Paper purchases on a
schedule to be determined by the Office of Sustainability. Records shall include a copy of the
invoice or other documentation of purchase, written certifications as required for recycled -
content purchases, vendor name, purchaser name, quantity purchased, date purchased, and
percentage of recycled content. If non -Recycled -Content Paper Products and/or non -Recycled -
Content Printing and Writing Paper are purchased, include a description of why Recycled -
Content Paper Products and/or Recycled -Content Printing and Writing Paper were not
purchased.
D. 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 thirty percent (30%), by fiber weight, postconsumer fiber.
2. Only provide Paper Products and Printing and Writing Papers that have an Unqualified
Recyclable label.
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.
5. Provide records to the Office of Sustainability of all Paper Products and Printing and
Writing Paper purchased from the vendor on a schedule to be determined by the Office
of Sustainability 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 Sections 4.3.0 for Paper Products and Printing and Writing Paper purchases.
E. All vendors providing printing services to the City of Palm Springs via a printing contractor written
agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by
fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.
A. This policy shall go into effect January 1, 2022, unless otherwise noted for specific provisions.
Resolution No. 24994
Page 9
B. If not documented automatically through vendor systems, Buyers must provide to the Office of
Sustainability records associated with Section 4 of this Policy, including the following:
1. 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 SB 1383 Procurement Requirements (14 CCR Section 18993.3).
2. 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 SB 1383
Procurement Requirements (14 CCR Section 18993.1).
C. The Office of Sustainability will work with the Procurement Manager and Buyers to collect,
collate, and maintain documentation submitted by the City purchasers, Direct Service Providers,
and/or vendors, as described in Section 4 and compile an annual report on behalf of the City.
The report shall include the City's direct procurement, and vendor/other procurement on behalf
of the City, of procurement 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 Section 18993.2 for the Annual Recovered Organic Waste
Product Procurement Target and 14 CCR Section 18993.4 for procurement of Recycled -Content
Paper Products and Recycled -Content Printing and Writing Paper. This report shall be submitted
to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory
requirements) pursuant to State requirements (14 CCR Division 7, Chapter 12, Article 13)
(Attachment B). The report shall be published annually as evidence of implementing this Policy.
D. The Office of Sustainability shall advise the Procurement Manager regarding environmentally
preferable products that comply with this policy. Recommendations will include input of
applicable environmental staff. Whenever possible, the City will use existing eco-labels and
standards to make purchasing decisions.
E. Any Buyer seeking to purchase products that do not meet the environmentally preferable
purchasing requirements in this Policy shall provide a written justification to the Procurement
Manager and the Office of Sustainability for why compliance is not practicable, (e.g., the product
is not technically practical, economically feasible, or available within the timeframe required).
The City Manager or designee shall be the authority to approve all contracts that do not require
City Council authority.
Resolution No. 24994
Page 10
F. The Department of Information Technology shall be responsible for setting duplexing as the
default on each workstation for all capable printers. This includes printing from network
connected or stand-alone personal computer printers that are capable of duplexing.
G. Relevant training for Buyers and other relevant city staff, vendors, contractors, and grantees
shall include instruction on the requirements of this Environmentally Preferable Purchasing
Policy.
The Office of Sustainability shall work with the Procurement Manager to evaluate the success of this
Policy's implementation by providing a bi-annual report to the City Manager. In particular, the report
shall identify the following:
• Quantity of Recovered Organic Materials purchased to meet SIB 1383 Procurement Targets
• Percentage of paper and paper products purchase that meet the 30% recycled content
requirement
• Percentage of cleaning supplies that meet the policy requirements
• Percentage of electronics purchases that meet Energy Star standards
• Justifications for purchases that did not meet requirements or standards
The report shall relate progress in meeting the goals and objectives of this Policy and note any
barriers encountered, recommendations for resolution, and/or description of assistance needed to
continuously improve staffs ability to meet this Policy's objectives for the procurement of
environmentally preferable products and services.
A. "Annual Recovered Organic Waste Product Procurement Target" means the amount of Organic
Waste in the form of a Recovered Organic Waste Product that the City of Palm Springs is
required to procure annually under 14 CCR Section 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 of Palm Springs' residential population using the most
recent annual data reported by the California Department of Finance. Annually, CalRecycle will
provide notice to the 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 of Palm Springs.
B. "Buyer" means personnel authorized to purchase or contract for purchases on behalf of the City
of Palm Springs or its subdivisions.
C. "CalRecycle" means the California Department of Resources Recycling and Recovery.
D. "City" or "City's" means the City of Palm Springs, California.
Resolution No. 24994
Page 11
E. "Compost" means 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 Section 17896.2(a)(4).
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, Division 7, Chapter 3.1 or produced at a large volume in -vessel
digestion facility that composts on -site as defined and permitted under 14 CCR, Division 7,
Chapter 3.2.
F. "Contractor" means any person, group of persons, business, consultant, designing architect,
association, partnership, corporation, supplier, vendor or other entity that has a contract with the
City or serves in a subcontracting capacity with an entity having a contract with the City for the
provision of goods or services.
G. "Direct Service Provider" means 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 Section 18982(a)(17).
H. "Electricity Procured from Biomass Conversion" means 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 Section 18993.1(i).
I. "Energy Star" means the U.S. EPA's energy efficiency product labeling program.
J. "Federal Energy Management Program" or "FEMP" is a program of the Department of Energy
that issues a series of Product Energy Efficiency Recommendations that identify recommended
efficiency levels for energy- using products.
K. "Green Seal" is an independent, non-profit environmental labeling organization. Green Seal
standards for products and services meet the U.S. EPA's criteria for third -party certifiers. The
Green Seal is a registered certification mark that may appear only on certified products.
L. "Integrated Pest Management" or "IPM" is an ecosystem -based strategy that focuses on long-
term prevention of pests or their damage through a combination of techniques such as biological
control, habitat manipulation, modification of cultural practices, and use of resistant varieties.
Pesticides are used only after monitoring indicates they are needed according to established
guidelines, and treatments are made with the goal of removing only the target organism. The
least toxic pest control materials are selected and applied in a manner that minimizes risks to
human health, beneficial and nontarget organisms, and the environment.
M. "Mulch" means mulch eligible to meet the Annual Recovered Organic Waste Product
Procurement Target, pursuant to 14 CCR, Division 7, Chapter 12. This Mulch shall meet the
Resolution No. 24994
Page 12
following conditions for the duration of the applicable procurement compliance year, as specified
by 14 CCR Section 18993.1(f)(4):
1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14 CCR Section
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 Section
17852(a)(10);
ii. A 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.
2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen
density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A) (1)
through (3).
N. "Organic Waste" means 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 Section 18982(a)(46). Biosolids and
digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5),
respectively.
O. "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 Section 18982(a)(51).
P. "Postconsumer Material' means a finished material which would normally be disposed of as a
solid waste, having reached its intended end -use and completed its life cycle as a consumer
item, and does not include manufacturing or converting wastes.
Q. "Practical" and "Practicable" mean whenever possible and compatible with local, state and
federal law, without reducing safety, quality, or effectiveness and where the product or service
is available at a reasonable cost in a reasonable period of time. For energy and water consuming
devices, a reasonable cost shall mean that the product has a life -cycle cost that is reasonably
similar to the life -cycle costs of other similar products.
R. "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 Section 18982(a)(54).
S. "Procurement of Recovered Organic Waste Products" shall mean purchase or acquisition (e.g.,
free delivery or free distribution from a hauler or other entity via a written agreement or contract),
Resolution No. 24994
Page 13
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.
T. "Recovered Material" means fragments of products or finished products of a manufacturing
process, which has converted a resource into a commodity of real economic value, and includes
pre -consumer and postconsumer material but does not include excess resources of the
manufacturing process.
U. "Recovered Organic Waste Products" means 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 Section 18982(a)(60). Products that can be used to meet the
Annual Recovered Organic Waste Product Procurement Target shall include Compost, 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.
V. "Recyclability" means that 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 Section 260.12.
W. "Recycled Content" means the percentage of recovered material, including pre -consumer and
postconsumer materials, in a product.
X. "Recycled -Content Paper Products" and "Recycled -Content Printing and Writing Paper" means
such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber,
consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of
the Public Contract Code, and as amended.
Y. "Remanufactured Product" means any product diverted from the supply of discarded materials
by refurbishing and marketing said product without substantial change to its original form.
Z. "Renewable Gas" means 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 Section 18982(a)(62).
AA. "SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016), 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.
BB. "SB 1383 Regulations" 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 14 CCR, Division 7, Chapter 12 and amended portions of
regulations of 14 CCR and 27 CCR.
CC. "Source Reduction" refers to products that result in a net reduction in the generation of
waste compared to their previous or alternate version and includes durable, reusable and
Resolution No. 24994
Page 14
remanufactured products; products with no, or reduced, toxic constituents; and products
marketed with no, or reduced, packaging.
DD. "State" means the State of California.
EE. "Unqualified Recyclable Label" means recyclable material that meets the description
found in 16 Code of Federal Regulations Section 260.12.
Resolution No. 24994
Page 15
Attachment A: City Food Ware Ordinance 2045
Resolution No. 24994
Page 16
ORDINANCE NO. 2045
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADDING CHAPTER 5.87 TO TITLE 5 OF THE
PALM SPRINGS MUNICIPAL CODE REGARDING REUSABLE FOOD
SERVICE WARE AND PLASTIC WASTE REDUCTION
WHEREAS, The City has a goal of diverting over 90% of its solid waste from landfills.
WHEREAS, The production and disposal of single -use disposable food and beverage packaging
has significant environmental impacts, including the contamination of the environment, the depletion of
natural resources, use of non-renewable polluting fossil fuels, greenhouse gas emissions, and the
increased clean-up and end of life management costs; and
WHEREAS, Food and beverage packaging comprises approximately one quarter of California's
disposed waste stream annually,' accounts for 14 of the top 20 marine plastic items,2 and an estimated
70% of street litter3; and
WHEREAS, Plastics released to land, waterways, and oceans break down into smaller pieces
that are not biodegradable and can be easily consumed by animals and people; and
WHEREAS, Plastics contribute to greenhouse gas emissions because they are derived from
petroleum products and because they release methane emissions when they degrade; and
WHEREAS, Polystyrene foam food and beverage service ware is a distinctive litter concern
because it is lightweight, easily blown into streets and waterways, and floats in water; and
WHEREAS, Polystyrene foam food and beverage service ware breaks apart easily into small
pieces, is difficult to collect, and is often mistaken as food by birds, fish, and wildlife; and
WHEREAS, Styrene used to manufacture polystyrene products is identified by the State of
California as a carcinogen under Proposition 65 chemicals, the state advises that individuals limit
consumption of hot food and beverages from polystyrene containers, and containers made from
alternative materials that are reusable, recyclable, or compostable are readily available.4
1 CalRecycle Packaging Reform Workshop Background Document (2017) citing CalRecycle waste characterization study entitled
"2014 Disposal Facility -Based Characterization of Solid Waste in California."
https://www2.calrecycle.ca.gov/PublicNotices/Documents/8345
z Better Alternatives Now, List 2.0. UPSTREAM. https://www.upstreamsoIutions.org/reports
s Clean Water Fund (2012), Taking out the Trash: Identifying Sources of Trash in the Bay Area-
http://www.rethinkdisposable.org/resources
a https://www.p65warnings.ca.gov/fact-sheets/styrene
Resolution No. 24994
Page 17
WHEREAS, The market for alternative forms of disposable food and beverage packaging and
food service ware continues to evolve, and there is no ideal replacement for all current plastic
disposable food ware.
WHEREAS, Reusable food ware, packaging, and products are more environmentally sound
alternatives to disposables and saves businesses money.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN
AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference as material findings in support of this Ordinance.
SECTION 2. Chapter 5.87 is hereby added to Title 5 of the Palm Springs Municipal Code to
read as follows:
5.87.001 Definitions
For the provisions of this Chapter, the following definitions shall apply:
"Aluminum Foil -based" mean any Non -reusable Food Service Ware composed entirely of aluminum,
including but not limited to aluminum tray liners, aluminum foil, and aluminum foil baskets.
"Biodegradable Products Institute" refers to a certification program that ensures that products and
packaging displaying the BPI logo have been independently tested and verified accordingly to
scientifically based standards to successfully break down in professionally managed industrial
composting facilities. BPI -certified products meet the standards of the American Society for Testing
Materials (ASTM) D6400 or D6868 for compostability, or other applicable standards in the future.
All BPI -certified products are also required to have (1) a limit of 100 parts per million (ppm) total
Fluorinated Chemicals as the upper threshold for acceptance and (2) no intentionally added
Fluorinated Chemicals.
"City" means the City of Palm Springs, California.
"City -sponsored event" includes any event, activity or meeting organized or sponsored, in whole or
in part by the City or any department of the City.
"Compostable" means an item or material (1) will break down, or otherwise become part of a usable
compost in a safe and timely manner and (2) is Natural Fiber -based or made from other materials
approved by the City Manager or designee. Compostable items may include those that are made
entirely of Natural Fiber or Natural Fiber -based items that are coated or lined with biologically based
polymer, such as corn or other plant sources (e.g., compostable plastics), if certified by the
Biological Products Institute (BPI) or by another independent third party approved by the City
Manager or designee.
Resolution No. 24994
Page 18
"Fluorinated Chemicals" means perfluoroalkyl and polyfluoroalkyl substances or fluorinated
chemicals, which for the purposes of food packaging are a class of fluorinated organic chemicals
containing at least one fully fluorinated carbon atom.
"Food Service Ware" means all containers, bowls, plates, trays, cups, lids, and other like items that
are used for consuming prepared foods, including without limitation, service ware for takeout foods
and/or leftovers from partially consumed meals prepared by prepared food vendors.
"Food Service Ware Accessory" means all types of single -use items usually provided along with
Food Service Ware, including but not limited to utensils, chopsticks, napkins, cup lids, cup sleeves,
beverage trays, condiment packets and saucers, straws, stirrers, splash sticks, cocktail sticks, and
toothpicks designed for a single use for Prepared Foods.
"Natural Fiber/Natural Fiber -based" means a plant or animal -based, non -synthetic fiber, including
but not limited to products made of paper, sugarcane, bamboo, wheat stems/stalks, hay, wood, etc.
"Non -reusable" means products that do not meet the definition of "Reusable" as defined in this
section.
"Non -reusable cup" is a beverage cup that does not meet the definition of "Reusable" that is used
to serve beverages, such as water, cold drinks, hot drinks, alcoholic beverages, and other drinks.
"Packing Material" means material used to hold, cushion, or protect items packed in a container for
shipping, transport, or storage.
"Person" means any individual, trust, firm, joint stock company, corporation including a government
corporation, partnership or association.
"Plastic" means a material made from fossil fuel based polymers such as polyethylene, polystyrene,
polypropylene, and polycarbonate or from biologically based polymers such as corn or other plant
material that can be molded or blown into shape while soft and then set into a rigid or slightly elastic
form.
"Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer,
including but not limited to rigid polystyrene and expanded polystyrene, processed by any number
of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene),
injection molding, expanded polystyrene molding, or extrusion -blow molding (extruded polystyrene),
and clear or solid polystyrene (oriented polystyrene). The resin code for polystyrene is V or 'PS,'
either alone or in combination with other letters. This definition applies to all polystyrene food service
ware, regardless of whether it exhibits a resin code.
"Polystyrene foam" means and includes blown polystyrene and expanded and extruded foams
(sometimes called Styrofoam, a Dow Chemical Co. trademarked form of expanded polystyrene
insulation) which are thermoplastic petrochemical materials utilizing a styrene monomer and
processed by any number of techniques including, but not limited to, fusion of polymer spheres
(expandable bead polystyrene), injection molding, foam molding, and extrusion blow molding
Resolution No. 24994
Page 19
(extruded foam polystyrene). Polystyrene foam is commonly made into disposable food service
ware products. Polystyrene foam does not include clear or solid polystyrene (oriented polystyrene).
"Prepared Food" means food or beverages, which are serviced, packaged, cooked, chopped, sliced,
mixed, brewed, frozen, squeezed, poured, or otherwise prepared (collectively "prepared") for
individual customers or consumers. Prepared Food does not include raw eggs; raw, butchered
meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance;
or food that is prepared and packaged on site such as breads, baked goods, and deli items that are
not intended for immediate consumption.
"Prepared Food Vendor" means any person or place that provides or sells Prepared Food within
the City to the general public to be consumed on the premises or for take -away consumption.
Prepared Food Vendor includes but is not limited to: a grocery store, supermarket, restaurant, bar,
fast-food restaurant, drive-thru, cafe, coffee shop, snack shop, public food market, farmers market,
convenience store, or similar place where prepared food is available for sale on the premises or for
takeaway consumption, and any mobile store, food vendor, caterer, food truck, or similar mobile
outlet. This includes Prepared Food Vendors at City facilities and City contractors and lessees acting
pursuant to a City contract, lease, or permit at a City Facility.
"Prepackaged" means food or beverages that are properly labeled and arrive at the premises of the
food seller, vendor, or server in a container or wrapper in which the food or beverage is wholly
encased, enclosed, contained or packaged and is not removed from such container or wrapper
(other than an outer container or wrapper that encloses multiple units of food) before its sale or
provision at the premises. Prepackaged food and beverages may be sold, vended, or served in the
same container (e.g., ramen noodles in a foam cup).
"Reusable" means products designed and manufactured to maintain its shape and structure and
be materially durable to be washed and sanitized and to be used repeatedly over an extended
period of time, and is safe for washing and sanitizing by mechanical and/or manual ware washing
methods that meet the requirements of the California Retail Food Safety Code for cleaning and
sanitizing of equipment and utensils.
"Reuse System" means a closed loop service or program provided by a third party to a Food Vendor
that includes the provision of Reusable Food Ware and the collection, cleaning, and redistribution
of the Reusable Food Ware to said Food Vendor or other Food Vendors. Any operative third -party
Reuse System provider in the City of Palm Springs shall meet regulatory requirements that the City
of Palm Springs may set forth in guidelines or regulations with a public hearing.
"Takeout food" means Prepared Food requiring no further preparation which is purchased to be
consumed off Prepared Food Vendor's premises. Takeout Food includes Prepared Food delivered
by a Prepared Food Vendor or by a third -party delivery service.
5.87.002 On -Site Food and Beverage Consumption
(a) Prepared Food Vendors shall use Reusable Food Service Ware and Reusable Food
Service Ware Accessories for Prepared Food served for on -site food and beverage
Resolution No. 24994
Page 20
consumption, unless the Food Vendor qualifies for a waiver as described in Section 5.87.005.
This requirement does not prohibit a Prepared Food Vendor from providing leftover Prepared
Food in Non -reusable Food Service Ware with Non -reusable Food Service Ware Accessories
that are compliant with Section 5.87.003 of this Chapter when requested by a customer.
(b) The following Non -reusable items are allowed for on -site food consumption and must be
non -Plastic: food wrappers, sleeves and bags; napkins; straws, stirrers, cocktail sticks;
toothpicks; and tray and plate -liners. Any additional Non -reusable items not listed in this section
or identified elsewhere in the Ordinance must be approved by the City Manager, or designee.
(c) All Prepared Food Vendors offering condiments must offer those items in Reusable
containers, bulk dispensers or individual Non -plastic packaging for on -site food and beverage
consumption.
(d) Straws and stirrers shall be made available only upon a customer's specific request or
affirmative response to a vendor's offer.
(e) As of January 1, 2023, any Non -reusable items listed in paragraph (b) must meet the
definition of Compostable in this Chapter.
5.87.003 Food Service Ware for Off -site Food and Beverage Consumption
(a) No Prepared Food Vendor may use any Non -reusable Food Service Ware or Food
Service Ware Accessories made in whole or in part from Polystyrene or Polystyrene Foam.
(b) Non -reusable straws and stirrers shall not be made of Plastic.
(c) Prepared Food Vendors shall provide, sell, or otherwise distribute only those Food
Service Ware Accessories that comply with this Section, and only (1) upon a customer's specific
request or affirmative response to a vendor's offer for such items, (2) in a self-service area or
dispenser, or (3) when Prepared Food is assembled for takeout or delivery, to prevent spills.
(d) Food prepared for off -site consumption or leftovers of partially consumed food on
premises shall not be provided to customers in single -use plastic bags.
(e) All Prepared Food Vendors should allow for the use of customer -supplied Reusable Food
Service Ware consistent with California Food Retail Code, unless any customer -supplied
Reusable Food Service Ware appears to be soiled, unsanitary, or otherwise appears
inappropriate in size, material, or condition for the intended use.
(f) Prepared Food Vendors and Takeout Food delivery services must provide options for
customers to affirmatively request Food Service Ware Accessories across all ordering/point of
sale platforms, including but not limited to web, smart phone and other digital platforms,
telephone and in -person. Prepared Food Vendors and Takeout Food delivery services shall not
automatically include Food Service Ware Accessories.
Resolution No. 24994
Page 21
(g) As of January 1, 2023, any Non -reusable Food Service Ware and Food Ware Accessories
provided for off -site Food and Beverage Consumption must meet the definition of Compostable
in this Chapter. The following Food Service Ware must also be certified Compostable by the
Biodegradable Products Institute or another independent third party approved by the City
Manager or designee, in collaboration with local waste processors and haulers:
1. Plates
2. Bowls
3. Cups
4. Clamshells, boxes, deli containers and other containers used for the sale and/or
distribution of Prepared Food
5.87.004 Food Service Ware for Retail Sale
(a) No Person may sell, offer for sale, or otherwise distribute for compensation within the City
any Non -reusable Food Service Ware or Food Service Ware Accessories made in whole or in part from
Polystyrene or Polystyrene Foam.
5.87.005 Waivers and Exemptions
(a) Non -reusable Food Service Ware that is entirely Aluminum Foil -based is exempt
from the provisions of this Chapter.
(b) The City Manager or designee may waive the provisions of this Chapter if any of
the following are met:
1. The applicant demonstrates a feasibility -based hardship. The person seeking the
waiver must demonstrate to the City Manager's satisfaction that it is not feasible
to meet a specific requirement or that no reasonably feasible alternative exists to
a specific non -compliant product.
2. The applicant demonstrates compliance is unreasonably financially prohibitive.
The person seeking the exemption must demonstrate to the City Manager's
satisfaction that with respect to each specific non -compliant product, there is no
suitable and reasonably affordable alternative product available, including, but not
limited to, good faith efforts to obtain a substantially similar complaint item at a
non -prohibitive price.
3. Strict application of the specific requirement would create an undue hardship, or
practical difficulty, not generally applicable to other persons in similar
circumstances, and good cause is shown.
(c) An applicant seeking a waiver under subsection a must submit a written application
on a form approved by the City Manager or designee. The City Manager or designee may
require the applicant to submit additional information or documentation to make a
determination regarding the waiver requested. The City Manager or designee shall review
requests for waivers on a case -by -case basis, and may grant the waiver in whole or in
part, with or without conditions, for a period of up to twelve (12) months. An applicant for
Resolution No. 24994
Page 22
renewal of a waiver must apply for a new waiver period no later than sixty (60) days prior
to the expiration of the then -current period to preserve a continuous waiver status. The
City Manager or designee shall review each application anew and base his or her
determination on the most current information available. In no case shall a waiver be
retroactive or continue past January 1, 2023.
(d) Nothing in this chapter shall restrict the availability of single -use plastic straws,
cups, or containers to individuals who may require and request them due to disability or
other medical or physical conditions or circumstances. Prepared Food Vendors that
customarily offer plastic straws, cups, or containers may maintain a small supply of plastic
products to accommodate such requests.
(e) The use of Reusable Food Service Ware and Reusable Food Service Ware
Accessories may be suspended in the event of severe drought conditions as described
in Desert Water Agency Ordinance 65 or State mandates.
5.87.010 Violation
(a) Any Person, firm or corporation violating any provision of this chapter shall be guilty
of an infraction for such violation and shall be subject to penalties as provided in Section
1.01.155.
SECTION 3. CEQA. This Ordinance was assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act ("CEQA") (Pub. Resources Code, § 21000 et
seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). The City Council
hereby finds that under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt
from the requirements of CEQA because it can be seen with certainty that the provisions contained
herein would not have the potential for causing a significant effect on the environment. The City Council
also finds the Ordinance is exempt from the requirements of CEQA pursuant to State CEQA Guidelines
Sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and
natural resources.
SECTION 4. Severability. If any section or provision of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any
preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid.
The City Council hereby declares that it would have adopted this Ordinance, and each section or
provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared
invalid or unconstitutional or contravened via legislation.
SECTION 5. Effective Date. This Ordinance shall become effective on January 1, 2022. The
requirement that all Non -reusable Food Service Ware and Food Service Ware Accessories be
Compostable or Certified Compostable shall become effective on January 1, 2023.
Resolution No. 24994
Page 23
SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall
cause a summary of the same to be published in the official newspaper of the City of Palm Springs
within fifteen (15) days following its adoption.
Resolution No. 24994
Page 24
Attachment B: SIB 1383 Recovered Organic Waste Procurement and Reporting Regulations (14
CCR Division 7, Chapter 12, Articles 12 and Article 13)
Resolution No. 24994
Page 25
California Code of Regulations Title 14 - Natural Resources Division 7 - Department of
Resources Recycling and Recovery Chapter 12 - Short -Lived Climate Pollutants General
Provisions Article 12 - Procurement of Recovered Organic Waste Products
§ 18993.1. Recovered Organic Waste Product Procurement Target
(a) Except as otherwise provided, commencing January 1, 2022, a jurisdiction shall annually procure a
quantity of recovered organic waste products that meets or exceeds its current annual recovered
organic waste product procurement target as determined by this article. For the purposes of this section,
"jurisdiction" means a city, a county or a city and county.
(b) On or before January 1, 2022, and on or before January 1 every five years thereafter, the
Department shall recalculate the annual recovered organic waste product procurement target for each
jurisdiction according to the requirements of Subdivision (c).
(c) Each jurisdiction's recovered organic waste product procurement target shall be calculated by
multiplying the per capita procurement target by the jurisdiction population where:
(1) Per capita procurement target = 0.08 tons of organic waste per California resident per year.
(2) Jurisdiction population equals the number of residents in a jurisdiction, using the most recent annual
data reported by the California Department of Finance.
(d) Annually, the Department shall provide notice to each jurisdiction of its annual recovered organic
waste product procurement target by posting such information on the Department's website and
providing written notice directly to the jurisdiction.
(e) A jurisdiction shall comply with Subdivision (a) by one or both of the following:
(1) Directly procuring recovered organic waste products for use or giveaway.
(2) Requiring, through a written contract or agreement, that a direct service provider to the jurisdiction
procure recovered organic waste products and provide written documentation of such procurement to
the jurisdiction.
(f) For the purposes of this article, the recovered organic waste products that a jurisdiction may procure
to comply with this article are:
(1) Compost, subject to any applicable limitations of Public Contract Code Section 22150, that is
produced at:
(A) A compostable material handling operation or facility permitted or authorized under Chapter 3.1 of
this division; or
Resolution No. 24994
Page 26
(B) A large volume in -vessel digestion facility as defined and permitted under Chapter 3.2 of this division
that composts on -site. [NOTE: Digestate, as defined in Section 18982(a) (16.5), is a distinct material
from compost and is thus not a recovered organic waste product eligible for use in complying with this
Article]
(2) Renewable gas used for fuel for transportation, electricity, or heating applications.
(3) Electricity from biomass conversion.
(4) Mulch, provided that the following conditions are met for the duration of the applicable procurement
compliance year:
(A) The jurisdiction has an enforceable ordinance, or similarly enforceable mechanism, that requires
the mulch procured by the jurisdiction to comply with this article to meet or exceed the physical
contamination, maximum metal concentration, and pathogen density standards for land application
specified in Section 17852(a) (24.5)(A)(1) through (3) of this division; and
(B) The mulch is produced at one or more of the following:
1. A compostable material handling operation or facility as defined in Section 17852(a)(12), other than
a chipping and grinding operation or facility as defined in Section 17852(a)(10), that is permitted or
authorized under this division; or
2. A transfer/processing facility or transfer/processing operation as defined in Sections 17402(a)(30)
and (31), respectively, that is permitted or authorized under this division; or
3. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under
Division 2 of Title 27 of the California Code of Regulations.
(g) The following conversion factors shall be used to convert tonnage in the annual recovered organic
waste product procurement target for each jurisdiction to equivalent amounts of recovered organic
waste products:
(1) One ton of organic waste in a recovered organic waste product procurement target shall constitute:
(A) 21 diesel gallon equivalents, or "DGE," of renewable gas in the form of transportation fuel.
(B) 242 kilowatt-hours of electricity derived from renewable gas.
(C) 22 therms for heating derived from renewable gas.
(D) 650 kilowatt-hours of electricity derived from biomass conversion.
(E) 0.58 tons of compost or 1.45 cubic yards of compost.
Resolution No. 24994
Page 27
(F) One ton of mulch.
(h) Renewable gas procured from a POTW may only count toward a jurisdiction's recovered organic
waste product procurement target provided the following conditions are met for the applicable
procurement compliance year:
(1) The POTW receives organic waste directly from one or more of the following:
(A) A compostable material handling operation or facility as defined in Section 17852(a)(12), other than
a chipping and grinding operation or facility as defined in Section 17852(a)(10), that is permitted or
authorized under this division; or
(B) A transfer/processing facility or transfer/processing operation as defined in Sections 17402(a)(30)
and (31), respectively, that is permitted or authorized under this division; or
(C) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under
Division 2 of Title 27 of the California Code of Regulations.
(2) The POTW is in compliance with the exclusion described in Section 17896.6(a)(1).
(3) The jurisdiction receives a record from the POTW documenting the tons of organic waste received
by the POTW from all solid waste facilities described in subsection (h)(1) above.
(4) The amount of renewable gas a jurisdiction or jurisdictions procured from the POTW for fuel,
electricity or heating applications is less than or equal to the POTW's production capacity of renewable
gas generated from organic waste received at the POTW directly from solid waste facilities as
determined using the relevant conversion factors in Subdivision (g).
(5) The POTW transported less than 25 percent of the biosolids it produced to activities that constitute
landfill disposal.
(i) Electricity procured from a biomass conversion facility may only count toward a jurisdiction's
recovered organic waste product procurement target if the biomass conversion facility receives
feedstock directly from one or more of the following during the duration of the applicable procurement
compliance year:
(1) A compostable material handling operation or facility as defined in Section 17852(a)(12), other than
a chipping and grinding operation or facility as defined in Section 17852(a)(10), that is permitted or
authorized under this division; or
(2) A transfer/processing facility or transfer/processing operation as defined in Sections 17402(a)(30)
and (31), respectively, that is permitted or authorized under this division; or
(3) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under
Division 2 of Title 27 of the California Code of Regulations.
Resolution No. 24994
Page 28
0) If a jurisdiction's annual recovered organic waste product procurement target exceeds the
jurisdiction's total procurement of transportation fuel, electricity, and gas for heating applications from
the previous calendar year as determined by the conversion factors in Subdivision (g), the target shall
be adjusted to an amount equal to its total procurement of those products as converted to their
recovered organic waste product equivalent from the previous year consistent with Subdivision (g).
(k) A jurisdiction shall identify additional procurement opportunities within the jurisdiction's departments
and divisions for expanding the use of recovered organic waste products.
(1) Rural counties, and jurisdictions located within rural counties that are exempt from the organic waste
collection requirements pursuant to Section 18984.12(c), are not required to comply with the
procurement requirements in this Section from January 1, 2022-December 31, 2026.
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference:
Section 42652.5, Public Resources Code; and Sections 39730.6 and 39730.8, Health and Safety Code.
(1. New article 12 (sections 18993.1-18993.4) and section filed 11-3-2020; operative 1-1-2022 pursuant
to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).)
§ 18993.2. Recordkeeping Requirements For Recovered Organic Waste Procurement Target
(a) A jurisdiction, as defined in 18993.1(a), shall include all documents supporting its compliance with
this article in the implementation record required by Section 18995.2 of this chapter including, but not
limited to, the following:
(1) A description of how the jurisdiction will comply with the requirements of this article.
(2) The name, physical location, and contact information of each entity, operation, or facility from whom
the recovered organic waste products were procured, and a general description of how the product was
used, and if applicable, where the product was applied.
(3) All invoices or similar records evidencing all procurement.
(4) If a jurisdiction will include procurement of recovered organic waste products made by a direct
service provider to comply with the procurement requirements of Section 18993.1(a), the jurisdiction
shall include all records of procurement of recovered organic waste products made by the direct service
provider on behalf of the jurisdiction including invoices or similar records evidencing procurement.
(5) If a jurisdiction will include renewable gas procured from a POTW for any of the uses identified in
18993.1(f)(2) to comply with the procurement mandate of Section 18993.1(a), a written certification by
an authorized representative of the POTW, under penalty of perjury in a form and manner determined
by the jurisdiction, attesting to the following for the applicable procurement compliance year:
(A) That the POTW was in compliance with the exclusion in Section 17896.6(a)(1);
Resolution No. 24994
Page 29
(B) The total tons of organic waste received from the types of solid waste facilities listed in Section
18993.1(h)(1); and
(C) The percentage of biosolids that the POTW produced and transported to activities that constitute
landfill disposal.
(6) If a jurisdiction will include electricity procured from a biomass conversion facility to comply with the
procurement mandate of Section 18993.1 (a), a written certification by an authorized representative of
the biomass conversion facility certifying that biomass feedstock was received from a permitted solid
waste facility identified in 18993.1(i) shall be provided to the jurisdiction. The certification shall be
furnished under penalty of perjury in a form and manner determined by the jurisdiction.
(7) If the jurisdiction is implementing the procurement requirements of Section 18993.1 through an
adjusted recovered organic waste product procurement target pursuant to Section 18993.10), the
jurisdiction shall include records evidencing the total amount of transportation fuel, electricity, and gas
for heating applications procured during the calendar year prior to the applicable reporting period.
(8) For jurisdictions complying with the requirements of Section 18993.1, through the procurement of
mulch, a copy of the ordinance or similarly enforceable mechanism the jurisdiction has adopted
requiring that mulch procured by the jurisdiction or a direct service provider meets the land application
standards specified in Section 18993.1.
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference:
Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code. (1. New
section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6)
(Register 2020, No. 45).)
§ 18993.3. Recycled Content Paper Procurement Requirements
(a) A jurisdiction shall procure paper products, and printing and writing paper, consistent with the
requirements of Sections 22150- 22154 of the Public Contract Code.
(b) In addition to meeting the requirements of Subdivision (a), paper products and printing and writing
paper shall be eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal
Regulations (CFR) Section 260.12 as published January 1, 2013, which is hereby incorporated by
reference.
(c) A jurisdiction shall require all businesses from whom it purchases paper products and printing and
writing paper to certify in writing:
(1) The minimum percentage, if not the exact percentage, of postconsumer material in the paper
products and printing and writing paper offered or sold to the jurisdiction. The certification shall be
furnished under penalty of perjury in a form and manner determined by the jurisdiction. A jurisdiction
may waive the certification requirement if the percentage of postconsumer material in the paper
Resolution No. 24994
Page 30
products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a
manufacturer or vendor Internet website.
(2) That the paper products and printing and writing paper offered or sold to the jurisdiction is eligible
to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12 as published
January 1, 2013, which is hereby incorporated by reference.
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code; and Section
39730.6, Health and Safety Code. Reference: Section 42652.5, Public Resources Code; Section
39730.6, Health and Safety Code; and Sections 22150, 22151, 22152, 22153 and 22154, Public
Contracts Code. (1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources
Code section 42652.2(a)(6) (Register 2020, No. 45).)
§ 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(a) A jurisdiction shall include all documents supporting its compliance with this article in the
implementation record required by Section 18995.2 of this chapter including, but not limited to, the
following:
(1) Copies of invoices, receipts or other proof of purchase that describe the procurement of paper
products by volume and type for all paper purchases.
(2) Copies of all certifications or other verification required under Section 18993.3.
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference:
Section 42652.5, Public Resources Code; Section 39730.6, Health and Safety Code; and Sections
22150, 22151, 22152, 22153 and 22154, Public Contracts Code. (1. New section filed 11-3-2020;
operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).)
Resolution No. 24994
Page 31
Article 13 - Reporting Section 18994.1 - Initial Jurisdiction Compliance Report
(a) Each jurisdiction shall report to the Department on its implementation and compliance with the
requirements of this chapter. Each jurisdiction shall report to the Department by April 1, 2022 the
following information:
(1) A copy of ordinances or other enforceable mechanisms adopted pursuant to this chapter.
(2) The reporting items identified in Section 18994.2(b).
(3) The following contact information:
(A) The name, mailing address, phone number, and email address of the employee of the jurisdiction
that the jurisdiction has designated as the primary contact person for the purposes of receiving
communications regarding compliance with this chapter.
(B) The name and address of the agent designated by the jurisdiction for the receipt of service of
process from the Department for the purposes of enforcement of this chapter if different from (A) above.
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference:
Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.
(1. New article 13 (sections 18994.1-18994.2) and section filed 11-3-2020; operative 1-1-2022 pursuant
to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).)
§ 18994.2. [Operative 1/1/2022] Jurisdiction Annual Reporting
(a) A jurisdiction shall report the information required in this section to the Department according to the
following schedule:
(1) On or before October 1, 2022, a jurisdiction shall report for the period of January 1, 2022 through
June 30, 2022.
(2) On or before August 1, 2023, and on or before August 1 each year thereafter, a jurisdiction shall
report for the period covering the entire previous calendar year.
(b) Each jurisdiction shall report the following, relative to its implementation of the organic waste
collection requirements of Article 3 of this chapter:
(1) The type of organic waste collection service(s) provided by the jurisdiction to its generators.
(2) The total number of generators that receive each type of organic waste collection service provided
by the jurisdiction.
(3) If the jurisdiction is implementing an organic waste collection service that requires transport of the
contents of containers to a high diversion organic waste processing facility, the jurisdiction shall identify
Resolution No. 24994
Page 32
the Recycling and Disposal Reporting System number of each facility that receives organic waste from
the jurisdiction.
(4) If the jurisdiction allows placement of compostable plastics in containers pursuant to Section
18984.1 or 18984.2, the jurisdiction shall identify each facility that has notified the jurisdiction that it
accepts and recovers that material.
(5) If the jurisdiction allows organic waste to be collected in plastic bags and placed in containers
pursuant to Section 18984.1 or 18984.2 the jurisdiction shall identify each facility that has notified the
jurisdiction that it can accept and remove plastic bags when it recovers source separated organic waste.
(c) Each jurisdiction shall report the following, relative to its implementation of the contamination
monitoring requirements of Article 3 of this chapter:
(1) The number of route reviews conducted for prohibited container contaminants.
(2) The number of times notices, violations, or targeted education materials were issued to generators
for prohibited container contaminants.
(3) The results of waste evaluations performed to meet the container contamination minimization
requirements and the number of resulting targeted route reviews.
(d) Each jurisdiction shall report the following relative to its implementation of waivers pursuant to Article
3 of this chapter:
(1) The number of days an emergency circumstances waiver as allowed in Section 18984.13 was in
effect and the type of waiver issued.
(2) The tons of organic waste that were disposed as a result of waivers identified in Subsection (1),
except disaster and emergency waivers granted in Section 18984.13(b).
(3) The number of generators issued a de-minimis waiver.
(4) The number of generators issued a physical space waiver.
(5) A jurisdiction that receives a waiver from the Department pursuant to Section 18984.12 of Article 3
of this chapter shall report the following information for each year the waiver is in effect:
(A) The number of generators waived from the requirement to subscribe to an organic waste collection
service.
(e) A jurisdiction shall report the following regarding its implementation of education and outreach
required in Article 4 of this chapter:
Resolution No. 24994
Page 33
(1) The number of organic waste generators and edible food generators that received information and
the type of education and outreach used.
(f) A jurisdiction shall report the following regarding its implementation of the hauler oversight
requirements of Article 7 of this chapter:
(1) The number of haulers approved to collect organic waste in the jurisdiction.
(2) The Recycling and Disposal Reporting System number of each facility that is receiving organic
waste from haulers approved by the jurisdiction.
(3) The number of haulers that have had their approval revoked or denied.
(g) A jurisdiction subject to article 8 shall report the following regarding its implementation of the
CALGreen Building Standards and Model Water Efficient Landscape Ordinance as required in Article
8 of this chapter:
(1) The number of construction and demolition debris removal activities conducted in compliance with
Section 18989.1.
(2) The number of projects subject to Section 18989.2.
(h) A jurisdiction shall report the following regarding its implementation of the edible food recovery
requirements of Article 10 of this chapter:
(1) The number of commercial edible food generators located within the jurisdiction.
(2) The number of food recovery services and organizations located and operating within the jurisdiction
that contract with or have written agreements with commercial edible food generators for food recovery.
(A) A jurisdiction shall require food recovery organizations and services that are located within the
jurisdiction and contract with or have written agreements with commercial edible food generators
pursuant to Section 18991.3(b) to report the amount of edible food in pounds recovered by the service
or organization in the previous calendar year to the jurisdiction.
(3) The jurisdiction shall report on the total pounds of edible food recovered by food recovery
organizations and services pursuant to Subdivision (h)(2)(A).
(i) A jurisdiction shall report the following regarding its implementation of the organic waste recycling
capacity planning and edible food recovery capacity planning requirements of Article 11 of this chapter:
(1) A county shall report:
(A) The tons estimated to be generated for landfill disposal.
(B) The amount of capacity verifiably available to the county and cities within the county.
Resolution No. 24994
Page 34
(C) The amount of new capacity needed.
(D) The locations identified for new or expanded facilities.
(E) The jurisdictions that are required to submit implementation schedules.
(F) The jurisdictions that did not provide information required by Article 11 of this chapter to the county
within 120 days.
(2) Notwithstanding Subdivision (a), the information required by this subdivision shall be reported on
the schedule specified in Section 18992.3.
0) A jurisdiction, as defined in Sections 18993.1, shall report the following regarding its implementation
of the procurement requirements of Article 12 of this chapter:
(1) The amount of each recovered organic waste product procured directly by the city, county, or
through direct service providers, or both during the prior calendar year.
(2) If the jurisdiction is implementing the procurement requirements of Section 18993.1 through an
adjusted recovered organic waste product procurement target pursuant to Section 18993.10), the
jurisdiction shall include in its report the total amount of transportation fuel, electricity, and gas for
heating applications procured during the calendar year prior to the applicable reporting period.
(k) A jurisdiction shall report the following regarding its implementation of the compliance, monitoring,
and enforcement requirements specified in Articles 14-16 of this chapter:
(1) The number of commercial businesses that were included in a compliance review performed by the
jurisdiction pursuant to Section 18995.1(a)(1). As well as the number of violations found and corrected
through compliance reviews if different from the amount reported in Subdivision (k)(5).
(2) The number of route reviews conducted.
(3) The number of inspections conducted by type for commercial edible food generators, food recovery
organizations, and commercial businesses.
(4) The number of complaints pursuant to Section 18995.3 that were received and investigated, and
the number of Notices of Violation issued based on investigation of those complaints.
(5) The number of Notices of Violation issued, categorized by type of entity subject to this chapter.
(6) The number of penalty orders issued, categorized by type of entity subject to this chapter.
(7) The number of enforcement actions that were resolved, categorized by type of regulated entity.
(1) A jurisdiction shall report any changes to the information described in Sections 18994.1(a)(1) and
18994.1(a)(3).
Resolution No. 24994
Page 35
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference:
Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.
(1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section
42652.2(a)(6) (Register 2020, No. 45).)
Resolution No. 24994
Page 36
Attachment C: California Public Contract Code, Sec. 10409
Resolution No. 24994
Page 37
2020 California Code Public Contract Code — PCC DIVISION 2 - GENERAL PROVISIONS PART 2
- CONTRACTING BY STATE AGENCIES CHAPTER 2 - State Acquisition of Goods and Services
ARTICLE 7.6 - Recycled Oil Markets Section 10409.
Every local agency, as defined in Section 17518 of the Government Code, shall purchase lubricating
oil and industrial oil from the seller whose oil product contains the greater percentage of recycled oil, if
the availability, fitness, quality, and price of the recycled oil product is otherwise equal to, or better than,
virgin oil products. This section shall not prohibit a local agency from purchasing virgin oil products for
exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled
oil.
(AMENDED BY STATS. 1992, CH. 1101, SEC. 2. EFFECTIVE SEPTEMBER 29, 1992.)
Resolution No. 24994
Page 38
Attachment D: Maximum Metal and Pathogen Concentrations for Recovered Mulch or
Compost
Resolution No. 24994
Page 39
14 CCR § 17852
(a)(24.5) "Land Application" means:
(A) The final deposition of compostable material and/or digestate spread on any land, including land
zoned only for agricultural uses, under the following conditions:
1. On and after January 1, 2018, the compostable material and/or digestate does not contain more than
0.5% by dry weight of physical contaminants greater than 4 millimeters (no more than 20% by dry
weight of this 0.5% shall be film plastic greater than 4 millimeters), as specified in section 17868.3.1,
at the time of land application;
2. The compostable material and/or digestate meets the maximum metal concentrations, as specified
in section 17868.2, at the time of land application;
3. The compostable material and/or digestate meets the pathogen density limits, as specified in section
17868.3(b)(1), at the time of land application; and
14 CCR § 17868.2. Maximum Metal Concentrations.
(a) Compost shall not contain metals in excess of the maximum acceptable metal concentrations shown
in Table 3. Compost that contains any metal in excess of any maximum metal concentrations shall be
designated for additional processing, disposal, or other use as approved by local, state and federal
agencies having jurisdiction. Test results of samples must be received by the operator prior to removing
compost from the composting operation or facility where it was produced.
Table 3 - Maximum Acceptable Metal Concentrations
Constituent
Concentration (mg/kg) on dry weight
basis
Arsenic (As)
41
Cadmium (Cd)
39
Chromium (Cr)
(see subdivision (a)(1) below)
Copper (Cu)
1500
Lead (Pb)
300
Mercury (Hg)
17
Nickel (Ni)
420
Selenium (Se)
100
inc (Zn)
2800
(1) Although there is no maximum acceptable metal concentration for chromium in compost, operators
subject to subdivision (a) shall arrange for concentrations of chromium in compost they produce to be
Resolution No. 24994
Page 40
determined in connection with the analysis of other metals. Operators shall maintain records of all
chromium concentrations together with their records of other metal concentrations.
(b) Alternative methods of compliance to meet the requirements of this section may be approved by the
EA if the EA determines that the alternative method will ensure that the maximum acceptable metal
concentrations shown in Table 3 are not exceeded.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections
43020 and 43021, Public Resources Code.
14 CCR § 17868.3. Pathogen Reduction.
(b) Operators that produce compost shall ensure that:
(1) The density of fecal coliform in compost, that is or has at one time been active compost, shall be
less than 1,000 Most Probable Number per gram of total solids (dry weight basis), and the density of
Salmonella sp. bacteria in compost shall be less than three (3) Most Probable Number per four (4)
grams of total solids (dry weight basis).
Resolution No. 24994
Page 41
Attachment E: Water Efficient Landscaping (Chapter 8.60 of the Palm Springs Municipal Code)
Resolution No. 24994
Page 42
8.60.010 Purpose.
(a) The purpose and intent of this chapter is to establish minimum water efficient landscape
requirements for newly installed and rehabilitated landscapes. It is also the purpose of this Chapter to
implement these minimum requirements to meet the state of California Code of Regulations Title 23.
Water Division 2. Department of Water Resources Chapter 2.7 Model Water Efficient Landscape
Ordinance and the state of California Water Conservation in Landscaping Act, Reference:
California Government Code Sections 65591, 65593, 65596.
(b) The City Council determined the provisions of this Chapter more appropriately address the
specific needs of the City, and this Ordinance is more effective in conserving water than the state
Department of Water Resources Model Water Efficient Landscape ordinance.
(c) It is the intent of the City Council to promote water conservation through the planning, design,
installation, and maintenance of landscapes by the use of climate appropriate plant material and
efficient irrigation.
(d) These provisions are supplementary and additional to the subdivision and zoning and water
conservation and water waste prevention regulations of this Code and shall be read and construed as
an integral part of the regulations and controls established thereby. (Ord. 1890 § 1, 2016; Ord. 1859 §
1, 2014; Ord. 1463 § 1, 1993)
8.60.020 Definitions.
The following words and terms used in this chapter shall be defined as follows:
(a) "Annual color plantings" shall mean plants that perform their entire life cycle from seed to flower
within a single growing season, and are typically replaced on a regular basis.
(b) "Drip irrigation" means a method of irrigation where the water is applied slowly at the base of
plants without watering the open space between plants.
(c) "Estimated water use" means the annual total amount of water estimated to be needed to keep
the plants in the landscape healthy. It is based upon such factors as the local evapotranspiration (ET)
rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system.
(d) "High-water use plants" shall mean any plant which is characterized by a plant factor of 0.7 to
1.0, as defined by the Water Use Classification of Landscape Species list.
(e) "Irrigation efficiency" means the measurement of the amount of water beneficially used divided
by the amount of water applied. Irrigation efficiency is derived from the measurements and estimates
of irrigation system characteristics and management practices.
(f) "Irrigation System" means the network of piping, valves and irrigation heads.
Resolution No. 24994
Page 43
(g) "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation
systems, and develop efficient irrigation schedules.
(h) "Landscaped area" means the entire parcel less the building footprint, driveways, non -irrigated
portions of the parking lots, hardscapes such as decks and patios, and other nonporous areas.
(i) "Low volume irrigation" means an irrigation method to distribute irrigation water slowly in small
volumes and targeting it to plants' root zones with no runoff or overshooting. Low volume irrigation
systems include but are not limited to drip emitters, tickle -"spider spray," micro spray -sprinklers, and/or
mist emitters.
Q) "Maximum water allowance (MAWA)" means, for the design purposes, the upper limit of annual
applied water for the established landscape area as specified in Div. 2, Title 23, CA. Code of Reg.,
Chapter 7, Section 702. It is based upon the area's reference evapotranspiration, ET adjustment factor,
and the size of the landscaped area.
(k) Micro -irrigation. See "drip irrigation."
(1) "Mulch" means any organic material such as bark, straw, compost, or inorganic mineral materials
such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial
purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing
soil erosion.
(m) "Plant factor" means a factor that, when multiplied by reference evapotranspiration, estimates the
amount of water used by plants. For purposes of these criteria, the average plant factor of very low
water using plants ranges from 0.01 to 0.10, for low water using plants the range is 0.10 to 0.30, for
moderate water using plants the range is 0.40 to 0.60, and for high water using plants, the range is
0.70 to 0.90. Reference: Wafer Use Classifications of Landscape Species IV (WUCOLS IV).
(n) "Qualified professional" means a person that has been certified by their professional organization
or as a person that has demonstrated knowledge and is locally recognized among landscape architects
due to long time experience as qualified.
(o) "Reclaimed water" means treated or recycled waste water of a quality suitable for non -potable
uses such as landscape irrigation. Reclaimed water is not for human consumption.
(p) "Rehabilitated landscape" means any re -landscaping project that requires a permit.
(q) "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and
flows from the area.
(r) "Smart Controller" means an irrigation scheduling device which incorporates either weather or soil
moisture levels into the scheduling of irrigation times.
Resolution No. 24994
Page 44
(s) "Turf' means a surface of earth containing mowed grass with roots.
(t) "Valve" means a device used to control the flow of water in the irrigation system. (Ord. 1890 § 2,
2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)
8.60.030 Applicability.
This Chapter shall apply to the following:
(a) New construction projects with an aggregate landscape area equal to or greater than 500 square
feet requiring a building or landscape permit, plan check or architectural review;
(b) Rehabilitated landscape projects with an aggregate landscape area equal to orgreaterthan 2,500
square feet requiring a landscape permit, plan check or architectural review;
(c) New single family residential subdivisions where the front and/or side yards are landscaped by
the developer or contractor;
(d) All persons and properties as well as all pre-existing and newly installed or rehabilitated
landscape areas shall comply with the water conservation and water waste prevention provisions in
Chapter 11.06 of this Code. (Ord. 1890 § 3, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)
8.60.040 Exemptions.
This chapter shall not apply to the following:
(a) Registered local, state or federal historic sites;
(b) Ecological restoration projects that do not require a permanent irrigation system. (Ord. 1890 § 4,
2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)
8.60.050 Landscape document package filing procedure.
(a) Prior to the construction and installation of any new or rehabilitated landscaping as specified in
Section 8.60.030, a landscape document package shall be prepared and submitted for review and
approval. Approval shall be made through the landscape application form provided by the Department
of Planning Services. The landscape document package shall include the following elements:
(1) Water conservation concept statement;
(2) Calculation of maximum water allowance (MAWA);
(3) Calculation of total estimated water use;
(4) Landscape design plan, including specifications for all plant materials and mulch materials;
Resolution No. 24994
Page 45
(5) Landscape grading plan;
(6) Irrigation design plan:
(A) Showing the location, type and size of all components of the irrigation system that will provide
water to the landscape area, including, but not limited to, controller, water lines, valves, sprinkler heads,
moisture sensing devices, rain switches, quick couplers, pressure regulators and backflow devices.
(B) The irrigation water source and type (potable or recycled), point of connection, the static water
pressure at the point of connection, the application rate in inches per hour and the design operating
pressure in pounds per square inch for each station.
(C) Irrigation schedule information including typical irrigation schedules that demonstrate that
landscape can thrive using the MAWA calculated as part of that package. Include specification notes
for routine inspection, repair and replacement of equipment and state the party responsible for
maintenance.
(7) Reclaimed water specifications;
(8) Irrigation water specifications;
(9) Soil analysis. (A soil analysis is recommended but not mandatory.)
(b) The landscape application shall be supplemented by additional plans and water calculations, and
submitted to the applicable water authority, with other pertinent information to adequately address all
applicable aspects of the application.
(c) Once the project is approved by the applicable water authority, the Department of Planning
Services shall review applications and approve, conditionally approve or deny such application and
shall assure conformity with this chapter. At the discretion of the Planning Director, the planning
commission may consider and render decisions on landscape applications.
(d) All landscape and irrigation plans for private development projects shall be in conformance with
this Chapter and shall be prepared by a registered landscape architect or other qualified professional
in a related field and be installed by a licensed contractor, except as provided elsewhere in this Section.
(e) All public agency projects are not required to be prepared by a landscape architect or installed
by a landscape contractor or other qualified professional. However, all public agency projects shall be
in compliance with the approved plans and installed correctly to specifications and standards approved
by the City and in compliance with this Chapter. (Ord. 1890 § 5, 2016; Ord. 1859 § 1, 2014; Ord. 1463
§ 1, 1993)
8.60.055 Maintenance schedule.
Resolution No. 24994
Page 46
(a) Landscape and irrigation system shall be maintained to ensure water efficiency. A regular
maintenance schedule shall include, but not be limited to, checking, adjusting and repairing irrigation
equipment, resetting the time clocks monthly, aerating and dethatching turf areas, replenishing mulch,
fertilizing, pruning, and weeding all planted areas.
(b) Whenever possible, repair of irrigation equipment shall be done with originally specified materials
or their equivalents. (Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)
8.60.060 Landscape design plan.
A landscape design plan satisfying the design guidelines outlined in the landscape application
shall be submitted as a part of the landscape document package. Guideline objectives are to ensure
that future landscaping projects are designed and constructed to the highest level of aesthetic values
and water efficiency, and to make wise water management viable and easy.
(a) Turf Regulations. The following regulations shall apply to all projects that are required to submit
a landscape design package to the City for approval:
(1) Turf shall not be used on slopes greater than 25 percent where the toe of the slope is adjacent
to an impermeable surface.
(2) Only low volume irrigation or a surface flow/
wick system shall be used for turf in a landscape area where any dimension of the landscape area is
ten feet or less in width.
(3) On commercial, industrial or multi -family landscape no turf shall be installed in a median, parking
lot island or parkway unless, if determined by the planning director, limited use of turf is necessary to
provide safe access for pedestrians leaving a parked vehicle to reach the sidewalk.
(4) On commercial, industrial or multifamily landscape no turf shall be installed on any portion of the
site that is inaccessible.
(5) On commercial or industrial projects, turf shall be limited to a maximum of fifteen percent (15%)
of the total landscaped area.
(6) On single family residences, turf shall be limited to a maximum of 15 percent of the total
landscaped area. This restriction shall only apply to the front and side street frontage yards.
(7) An athletic field, park, golf course, cemetery or other similar use shall be designed to limit the use
of turf to only those areas where it is essential for the operation of the facility, as determined by the
planning director. Areas where turf is not essential to the operation of the facility shall be landscaped
with plants with lower water use requirements than turf.
Resolution No. 24994
Page 47
(8) No turf shall be allowed in a landscape area that cannot be efficiently irrigated, or where overspray
and run off cannot be avoided.
(b) Plant materials.
(1) All plant materials shall be selected utilizing the Lush and Efficient Landscape Guidelines,
published by the Coachella Valley Water District. A copy of the Lush and Efficient Guidelines shall be
on file at the Department of Planning Services for public inspection and review.
(2) Annual color plantings shall be used only in areas of high visual impact and must be irrigated with
drip, micro -irrigation or other systems with efficiencies of 90 percent or greater. Otherwise, drip -irrigated
perennial plantings should be the primary source of color.
(3) High-water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in parking
islands, medians, and landscape areas where any dimension of the landscape area is ten feet or less
in width.
(c) Mulch. The use of soil -covering mulch or mineral groundcover with a minimum depth of three (3)
inches shall be required to reduce soil surface evaporation around trees, shrubs and on non -irrigated
areas. The use of boulders and cobble shall be considered to reduce the total vegetation area. To
provide habitat for beneficial insects and other wildlife, up to 5 % of the landscape area may be left
without mulch. Designated insect habitat must be included in the landscape design plan as such. (Ord.
1890 §§ 6-8, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)
8.60.070 Irrigation design plan.
(a) An irrigation plan satisfying the design guidelines outlined in the landscape application shall be
submitted as part of the landscape document package. Where irrigation water is taken from the
domestic water supply, separate landscape water meters shall be installed for all projects except single-
family homes with landscaped areas of less than 5,000 square feet or as directed by the domestic water
purveyor. When irrigation water is from a well, the well shall be metered per the requirements of the
water purveyor having jurisdiction.
(b) The irrigation design plan shall be drawn on project base sheets. The irrigation design plan shall
be separate from, but use the same format as the landscape design plan.
(c) The following techniques and practices shall be incorporated into the design of irrigation systems:
(1) The irrigation system shall be designed to conform to the hydrozones of the plants specified in
the planting plan.
(2) The irrigation system shall be designed to prevent runoff, over spray, low head drainage and
other similar conditions where irrigation water flows or sprays onto area not intended for irrigation and
use low volume irrigation for mulched areas wherever feasible.
Resolution No. 24994
Page 48
(3) The minimum irrigation efficiency shall be 0.75 (75%) for spray systems and 0.90 (90%) for drip
systems.
(4) Portions of irrigation systems containing slopes greater than 25 percent shall utilize a precipitation
rate of 0.75 inches per hour or less to prevent runoff.
(5) Sprinkler heads and other low emission devices shall be selected based on what is appropriate
for the plant type in the hydrozone and shall have matched precipitation rates unless otherwise directed
by the manufacturer's recommendations.
(6) Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity.
(7) The system shall provide that only low volume irrigation is used to irrigate any vegetation within
36 inches of an impermeable surface unless the adjacent impermeable surfaces are designed and
constructed to cause water to drain entirely into landscaped areas.
(8) The irrigation system shall be regulated by means of a smart controller (either evapotranspiration,
weather based, soil moisture based or similar).
(9) Irrigation projects equal or greater than 5,000 square feet shall include the installation of a master
valve. High -flow sensors that detect and report high flow conditions created by system damage or
malfunction shall be specified for all projects where a dedicated landscape irrigation meter is required.
(10) Water calculations shall include an evapotranspiration factor of 0.45.
(11) Trees shall be placed on separate valves from shrubs, groundcover and turf. (Ord. 1890 § 9,
2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)
8.60.080 Certification of project completion.
(a) For all private development projects, a licensed landscape architect, installing licensed contractor
or other qualified professional in a related field shall conduct a final field observation and shall provide
a certificate of completion. The certificate shall specifically indicate that plants were installed as
specified. The installing contractor shall certify that the irrigation system was installed as designed
pursuant to the approved plan, and that the efficiency of the drip and/or spray systems comply with the
minimum standards contained herein.
(b) Certification shall be accomplished by completing a certificate of completion and delivering it to
the Department of Planning Services and to the owner of record. (Ord. 1890 § 10, 2016; Ord. 1859 §
1, 2014; Ord. 1463 § 1, 1993)
8.60.090 Landscape audit schedules.
Resolution No. 24994
Page 49
(a) Existing landscaped areas that are irrigated with groundwater that are over sixty thousand square
feet in planted area shall have an irrigation audit within five years of the effective date of the ordinance
codified in this chapter. The audit shall be submitted to the water authority for review and approval.
Those subject to an audit are public agencies, schools, cemeteries, public parks, commercial uses, golf
courses, common areas, greenbelts, and multifamily housing with common area.
(b) Water audits shall be conducted by a certified landscape water auditor in accordance with the
current edition of the landscape irrigation auditor handbook as provided by the state of California
Landscape Water Management Program.
(c) A landscape project is exempted from a water audit if the water use is less than the maximum
water use allowance during the previous twelve months. To qualify for exemption the owner must
submit a request for exemption with square footage (acreage) of property including the amount of water
used during the previous twelve months and certified by the water purveyor having jurisdiction.
(d) An appeal may be filed with the Department of Planning Services regarding ordinary high water
use caused by a line breakage or some type of occurrence which results in unavoidable water usage
to exceed standards. An appeal shall include information regarding water usage the previous year,
current year, proof of failure and repair bill. An appeal shall be filed pursuant to Section 8.60.120 of this
Code. (Ord. 1890 § 11, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)
8.60.100 Fees for initial review and program monitoring.
The following fees are determined to be necessary to cover the costs of reviewing landscape
applications and monitoring landscape irrigation audits and shall be imposed on the subject applicant,
property owner, or designee.
(a) The city council, by resolution, shall establish the amount of the landscape application fee in
accordance with applicable law.
(b) A landscape application fee shall be due at the time of initial project application submission to the
city.
(c) The water authority may require every five years the project owner to cause a landscape irrigation
audit to be completed by a certified landscape irrigation auditor. The sole cost of the water audit will be
borne by other than the water purveyor having jurisdiction.
(d) If a landscape application is not submitted prior to the start of landscape construction work, for
those persons required to submit an application, a late submittal fee of twice the review fee shall be
required. (Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)
8.60.110 Enforcement and penalties.
Resolution No. 24994
Page 50
For the purposes of ensuring that persons comply with the provisions of this chapter, the city
may, following written notices to subject property owner(s), initiate enforcement action(s) against such
property owner(s) or designer(s), which enforcement actions may include, but are not limited to, the
following:
(a) Revocation of a landscape application;
(b) Withholding issuance of a certificate of use and occupancy or building permit;
(c) Issuance of a stop work order;
(d) In addition to any other remedies for violation of city ordinances in force, the city may bring and
maintain any action permitted by law to restrain, correct or abate any violation of this chapter, and in
the event that legal action is brought by the city, reasonable attorney's fees and court costs shall be
awarded to the city and shall constitute a debt owed by the violator to the city. The city may place a lien
on the affected property in the event any debts so incurred are not timely paid. (Ord. 1859 § 1, 2014;
Ord. 1463 § 1, 1993)
8.60.120 Appeals.
A person aggrieved by an action taken by the city may appeal the action pursuant to
Chapter 2.05 of this Code. (Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)
Resolution No. 24994
Page 51
Attachment F: 23 CCR Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State's Model Water
Efficient Landscape Ordinance (23 CCR, Division 2, Chapter 2.7)
Resolution No. 24994
Page 52
Section 492.6 - Landscape Design Plan
(a) For the efficient use of water, a landscape shall be carefully designed and planned for the intended
function of the project. A landscape design plan meeting the following design criteria shall be submitted
as part of the Landscape Documentation Package.
(3) Soil Preparation, Mulch and Amendments
(B) Soil amendments shall be incorporated according to recommendations of the soil report and what
is appropriate for the plants selected (see Section 492.5).
(C) 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 6 inches of soil are exempt from adding compost and tilling.
(D) A minimum three inch (3?) layer of mulch shall be applied 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, up to 5% of the landscape
area may be left without mulch. Designated insect habitat must be included in the landscape design
plan as such.
(G) Organic mulch materials made from recycled or post -consumer shall take precedence over
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.
Resolution No. 24994
Page 53
Attachment H: Public Contract Code, Sections 22150 through 22154 and Sections 12200 and
12209
Resolution No. 24994
Page 54
PUBLIC CONTRACT CODE - PCC
( Division 2 enacted by Stats. 1981, Ch. 306. )
PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22178]
( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. )
CHAPTER 3.5. Recycled Product Procurement Mandates Pertaining to Local Governments
[22150 - 22154]
( Chapter 3.5 added by Stats. 2005, Ch. 590, Sec. 39. )
22150.
(a) If fitness and quality are equal, each local public entity shall purchase recycled products, as defined
in Section 12200, instead of nonrecycled products whenever recycled products are available at the
same or a lesser total cost than nonrecycled items.
(b) A local public entity may give preference to suppliers of recycled products.
(c) A local public entity may define the amount of this preference.
(Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.)
22151.
In bids in which the local government has reserved the right to make multiple awards, the recycled
product preference cost shall be applied, to the extent possible, so as to maximize the dollar
participation of firms offering recycled products in the contract award.
(Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.)
22152.
(a) All local public entities shall require all business, as defined in Section 12200, to certify in writing
the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or
supplies, offered or sold. All contract provisions impeding the consideration of recycled products shall
be deleted in favor of performance standards.
(b) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e)
of Section 12156, the certification required by this subdivision shall specify that the cartridges so
comply.
Resolution No. 24994
Page 55
(Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.)
22153.
All printing contracts made by any local public entity shall provide that the paper used shall meet the
recycled content requirements of Section 12209.
(Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.)
22154.
(a) All businesses shall certify in writing to the contracting officer, or his or her representative, the
minimum, if not exact, percentage of postconsumer material in the products, materials, goods, or
supplies being offered or sold to any local public entity.
(b) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e)
of Section 12156, the certification required by this section shall specify that the cartridges so comply.
(c) A local public entity may waive the certification requirement if the percentage of postconsumer
material in the products, materials, goods, or supplies can be verified in a written advertisement,
including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet Web site.
(Amended by Stats. 2007, Ch. 130, Sec. 198. Effective January 1, 2008.)
CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217]
( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. )
ARTICLE 4. Recycled Materials, Goods, and Supplies [12200-12217]
( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )
12200
For the purpose of this article, the following definitions shall apply:
(a) "Board" means the California Integrated Waste Management Board, as defined pursuant to Section
40110 of the Public Resources Code.
(b) "Business" includes bidders, contractors, and other interested parties that provide services to, or
sell products to, the state.
(c) "Department" means the Department of General Services.
Resolution No. 24994
Page 56
(d) "Director" means the Director of General Services.
(e) "Postconsumer material" means a finished material that would have been disposed of as a solid
waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes.
(f) "Product categories" include paper products, printing, and writing papers, compost, co -compost, or
mulch, glass, oil, plastic, paint, tires, tire -derived products, antifreeze, and metal.
(g) "Purchase" means any contractual agreement that state agencies use to obtain goods or materials.
(h) "Recycled products" mean goods or materials that meet the requirements identified in Section
12209, including any good or material that has been reused or refurbished without substantial alteration
of its original form.
(i) "Reportable purchase" means the purchase of any goods or materials, with recycled content or not,
that may be reported or categorized or classified within one of the product categories identified in
Section 12207.
Q) "Reportable recycled product purchase" means the purchase of any goods or materials that meet
the requirements identified in Section 12209, that may be reported or categorized or classified within
one of the product categories identified in Section 12207, including any good or material that has been
reused or refurbished without substantial alteration of its original form.
(k) "SABRC" means the State Agency Buy Recycled Campaign.
(1) "Secondary material" means fragments of finished products or finished products of a manufacturing
process, that has converted a resource into a commodity of real economic value, but does not include
excess virgin resources of the manufacturing process, such as fibers recovered from wastewater,
trimmings of paper machine rolls, mill broke, plastic, or metal trimmings, or shavings, or other residue
from a manufacturing process. Secondary material does not include postconsumer material, so that the
secondary material plus the postconsumer material plus the virgin material adds up to 100 percent of
the product.
(m) "State agency" means each entity identified in Section 11000 of the Government Code, and
includes the California State University.
(Amended by Stats. 2005, Ch. 590, Sec. 25. Effective January 1, 2006.)
12209
For purposes of this article, the following minimum content requirements apply:
(a) Recycled paper products shall consist of at least 30 percent, by fiber weight, postconsumer fiber.
Resolution No. 24994
Page 57
(b) (1) Recycled printing and writing paper shall consist of at least 30 percent, by fiber weight,
postconsumer fiber.
(2) Printed newspapers that meet the requirements of Chapter 15 (commencing with Section 42750) of
Part 3 of Division 30 of the Public Resources Code shall be considered in compliance with the
requirements of this section.
(c) For recycled compost, co -compost, and mulch, at least 80 percent of the product shall consist of
materials, including, but not limited to, the materials listed in subdivision (c) of Section 12207, that would
otherwise be normally disposed of in landfills.
(d) For recycled glass, the total weight shall consist of at least 10 percent postconsumer material.
(e) Re -refined lubricating oil shall have a base oil content consisting of at least 70 percent re -refined
oil.
(f) (1) For recycled plastic products, other than printer or duplication cartridges, the total weight shall
consist of at least 10 percent postconsumer material.
(2) Recycled printer or duplication cartridges shall comply with either the requirements set forth in
subdivision (e) of Section 12156 or the general requirement for recycled plastic products set forth in
paragraph (1).
(g) Recycled paint shall have a recycled content consisting of at least 50 percent postconsumer paint.
Preconsumer or secondary paint does not qualify as "recycled paint" pursuant to this subdivision. If
paint containing 50 percent postconsumer content is unavailable, or is restricted by a local air quality
management district, a state agency may substitute paint with at least 10 percent postconsumer
content.
(h) Recycled antifreeze fluid shall have a recycled content of at least 70 percent postconsumer
materials.
(i) Retreaded tires must use an existing casing that has undergone an approved or accepted recapping
or retreading process, in accordance with Chapter 7 (commencing with Section 42400) of Part 3 of
Division 30 of the Public Resources Code.
0) For tire -derived products, the total content shall consist of at least 50 percent recycled used tires.
(k) For recycled metal products, the total weight shall consist of at least 10 percent postconsumer
material.
(1) For reused or refurbished products, there is no minimum content requirement.
(Added by Stats. 2005, Ch. 590, Sec. 31. Effective January 1, 2006.)