HomeMy WebLinkAboutReso 187-2021 (21-796)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 187-2021
File Number: 21-796 Enactment Number: RES 187-2021
RESOLUTION APPROVING THE CITY OF SOUTH
SAN FRANCISCO'S RECOVERED ORGANIC WASTE
PRODUCT PROCUREMENT POLICY
WHEREAS, in September 2016, Governor Edmund Brown Jr. set methane emissions
reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to
reduce emissions of Short -Lived Climate Pollutants (SLOP); and,
WHEREAS, the City of South San Francisco has and will continue to collaborate with
CalRecycle as well as South San Francisco Scavenger Company, Inc., and San Mateo County, to
implement SB 1383 programs in accordance with state guidelines and requirements; and,
WHEREAS, San Mateo County's Board of Supervisors has enacted a Mandatory Organic
Waste Disposal Reduction Ordinance as required by the California Code of Regulations, Title 14,
Division 7, Chapter 12 Short -Lived Climate Pollutants; and
WHEREAS, the specific requirements of jurisdictions and their solid waste franchisees include
the procurement of Recovered Organic Waste Products to support Organic Waste disposal reduction
targets and solicit products made from recycled and recovered Organic Waste materials, and to purchase
Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper; and
WHEREAS, CalRecycle will establish targets for procurement (or giveaway) of recovered
organic waste products for each city and county; and
WHEREAS, the City of South San Francisco City Council supports and endorses this Organic
Waste Product Procurement Policy.
NOW, THEREFORE, the City Council of the City of South San Francisco approves and adopts
an Organic Waste Product Procurement Policy, attached hereto and incorporated herein as Exhibit A,
consistent with California Code of Regulations, 14 CCR Division 7, Chapter 12, Article 12 (SB 1383
procurement regulations).
City of South San Francisco Page 1
File Number: 21-796
Enactment Number: RES 187-2021
At a meeting of the City Council on 10/27/2021, a motion was made by Councilmember Nicolas, seconded
by Councilmember Flores, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest by 4
Rosa Govea Acosta, City Clerk
City of South San Francisco Page 2
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CITY OF SOUTH SAN FRANCISCO
RECOVERED ORGANIC WASTE
PRODUCT PROCUREMENT POLICY
TABLE OF CONTENTS
SECTION 1. PURPOSE .............................................................................................................. 2
SECTION 2. DEFINITIONS ...................................................................................................... 2
SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT .............. 5
3.1 Procurement Target .................................................................................................... 5
3.2 Requirements for City Departments .......................................................................... 5
3.3 Requirements for Direct Service Providers ............................................................... 9
SECTION 4. RECYCLED-CONTENT PAPER PROCUREMENT .................................... 11
4.1 Requirements for City Departments ........................................................................ 11
4.2 Requirements for Vendors ....................................................................................... 11
SECTION 5. RECORDKEEPING RESPONSIBILITIES .................................................... 12
SECTION 6. EFFECTIVE DATE OF POLICY .................................................................... 13
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RECOVERED ORGANIC WASTE PRODUCT
PROCUREMENT POLICY
SECTION 1. PURPOSE
A. It is the policy of the City of South San Francisco (“City”), applicable to all departments
and divisions, to incorporate environmental considerations including recycled-content and
recovered Organic Waste product use into purchasing practices and procurement. This
Recovered Organic Waste Product Procurement Policy (“Policy”) will help the City to:
1. Protect and conserve natural resources, water, and energy;
2. Minimize the City’s contribution to climate change, pollution, and solid waste
disposal; and,
3. Comply with State requirements as contained in 14 CCR Division 7, Chapter 12,
Article 12 (SB 1383 procurement regulations) to procure a specified amount of
Recovered Organic Waste Products to support Organic Waste disposal reduction
targets and markets for products made from recycled and recovered Organic Waste
materials, and to purchase Recycled-Content Paper Products and Recycled-Content
Printing and Writing Paper.
SECTION 2. DEFINITIONS
The following definitions apply for the purposes of this Policy. If any of these terms are modified
after the effective date of this Policy by sections of the California Code of Regulations cited
herein, those modified definitions shall govern. A copy of the state regulations most currently in
effect, and may be located at: https://govt.westlaw.com/calregs/Index?
transitionType=Default&contextData=%28sc.Default%29.
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 is required
to procure annually under 14 CCR Section 18993.1 in accordance with the criteria set forth
therein.
B. “California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this Chapter are preceded with a number that refers to the
relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
C. “CalRecycle” means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations on jurisdictions (and others).
D. “City” means the City of South San Francisco.
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
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or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-
vessel digestion facility that composts on-site as defined and permitted under 14 CCR
Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations
regulatory requirements.
F. “Direct Service Provider” means a person, company, agency, district, or other entity that
provides a service or services to City pursuant to a contract or other written agreement or
as otherwise defined in 14 CCR Section 18982(a)(17).
G. “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).
H. “MWELO” means the State’s Model Water Efficient Landscape Ordinance, as set forth
under Title 23, Division 2, Chapter 2.7 of the CCR (most recently amended September 15,
2015).
I. “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.
J. “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).
K. “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).
L. “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), 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.
M. “Publicly-Owned Treatment Works” or “POTW” means a treatment works (any devices
and systems) used in the storage, treatment, recycling, and reclamation of municipal
sewage or industrial wastes of a liquid nature as defined under the Federal Water Pollution
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Control Act and owned by the State or municipality.1 For the purposes of this Policy, the
POTW shall be the South San Francisco/San Bruno Water Quality Control Plant (195 Belle
Air Road, South San Francisco, CA).
N. “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).
O. “Recordkeeping Designee” means the public employee appointed by the City Manager or
their designee to track procurement and maintain records of Recovered Organic Waste
Product procurement efforts both by the City and others, if applicable, as required by 14
CCR, Division 7, Chapter 12, Articles 12 and 13.
P. "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 (2013).
Q. “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.
R. “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).
S. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, 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.
T. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of
this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions
regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14
CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
U. “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic
Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB
1383 Eligible Mulch shall meet the following conditions for the duration of the applicable
procurement compliance year, as specified by 14 CCR 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
1 Section 403.3(r) of Title 40 of the Code of Federal Regulations.
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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, as enforced by City Code Section ___.
V. “State” means the State of California.
W. “WELO” means the City’s Water Efficient Landscaping Ordinance codified at Title 20,
Section 20.300.007 of the South San Francisco Municipal Code.
SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT
3.1 Procurement Target
A. City will annually procure for use or giveaway a quantity of Recovered Organic Waste
Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement
Target through the implementation of Sections 3 through 5 of this Policy. The Annual
Recovered Organic Waste Product Procurement Target shall be calculated by multiplying
the per capita procurement target, which shall be 0.08 tons of Organic Waste per California
resident per year, times the City’s residential population using the most recent annual data
reported by the California Department of Finance. The designated staff in the Public Works
Department shall be responsible to track annual notices from CalRecycle regarding the
City’s Annual Recovered Organic Waste Product Procurement Target, which would either
be delivered directly to the City or posted on CalRecycle website.
B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target,
the City may procure the following products (provided that each product meets the criteria
included in their respective definition in Section 2 of this Policy):
1. SB 1383 eligible Compost (as defined in Section 2.E).
2. SB 1383 eligible Mulch (as defined in Section 2.U).
3. Renewable Gas (in the form of transportation fuel, electricity, or heat) (as defined
in Section 2.R).
4. Electricity Procured from Biomass Conversion (as defined in Section 2.G).
3.2 Requirements for City Departments
A. Compost and SB 1383 Eligible Mulch procurement.
City departments responsible for landscaping maintenance, renovation, or construction
shall comply with the following:
1. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic
Waste, as defined in Section 2.E and 2.U of this Policy, for landscaping
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maintenance, renovation, or construction, as practicable, whenever available, and
capable of meeting quality standards and criteria specified.
a. SB 1383 Eligible Mulch used for land application must meet or exceed the
physical contamination, maximum metal concentration and pathogen density
standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
b. Compost eligible for meeting the Annual Recovered Organic Waste Product
Procurement Target must be produced at a compostable material handling
operation or facility permitted or authorized under 14 CCR Chapter 3.1 of
Division 7 or produced at a large volume in-vessel digestion facility that
composts on-site as defined and permitted under 14 CCR Chapter 3.2 of
Division 7. Compost shall meet the State’s composting operations regulatory
requirements.
2. When City uses Compost and SB 1383 Eligible Mulch and the applications are
subject to the City’s WELO, the City shall comply with one of the following,
whichever is more stringent, (i) the City’s WELO, if more stringent than the State’s
MWELO, or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the MWELO, which
requires the submittal of a landscape design plan with a “Soil Preparation, Mulch,
and Amendments Section” to include the following:
a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards
per 1,000 square feet of permeable area shall be incorporated to a depth of six
(6) inches into the soil. Soils with greater than six percent (6%) organic matter
in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces
of planting areas except in turf areas, creeping or rooting groundcovers, or
direct seeding applications where mulch is contraindicated. To provide habitat
for beneficial insects and other wildlife, leave up to five percent (5%) of the
landscape area without mulch. Designated insect habitat must be included in
the landscape design plan as such.
c. Procure organic mulch materials made from recycled or post-consumer
materials rather than inorganic materials or virgin forest products unless the
recycled post-consumer organic products are not locally available. Organic
mulches are not required where prohibited by local Fuel Modification Plan
Guidelines or other applicable local ordinances.
d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets
or exceeds the physical contamination, maximum metal concentration, and
pathogen density standards for land applications specified in 14 CCR Section
17852(a)(24.5)(A)(1) through (3).
3. Keep records, including invoices or proof of Recovered Organic Waste Product
procurement (either through purchase or acquisition), and submit records to the
Recordkeeping Designee, upon completion of project. Records shall include:
a. General procurement records, including:
(i) General description of how and where the product was used and
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applied, if applicable;
(ii) Source of product, including name, physical location, and contact
information for each entity, operation, or facility from whom the
Recovered Organic Waste Products were procured;
(iii) Type of product;
(iv) Quantity of each product; and,
(v) Invoice or other record demonstrating purchase or procurement.
b. For Compost and SB 1383 Eligible Mulch provided to residents through
giveaway events or other types of distribution methods, records of the
Compost and SB 1383 Eligible Mulch provided to residents. Records shall
be maintained and submitted to the Recordkeeping Designee in accordance
with the requirements specified in Section 3.2.A.3.
c. For procurement of SB 1383 Eligible Mulch, an updated copy of the
ordinance or enforceable mechanism(s) requiring that the mulch procured
by the City or Direct Service Provider meets the land application standards
specified in 14 CCR Section 18993.1, as it may be amended from time to
time.
4. When Procurement of Recovered Organic Waste Products occurs through a Direct
Service Provider, enter into a written contract or agreement or execute a purchase
order with enforceable provisions that includes: (i) definitions and specifications
for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured
from Biomass Conversion; and, (ii) an enforcement mechanism (e.g., termination,
liquidated damages) in the event the Direct Service Provider is not compliant with
the requirements.
B. Renewable Gas procurement.
For Renewable Gas procurement, City staff shall:
1. Procure Renewable Gas made from recovered Organic Waste for transportation
fuel, electricity, and heating applications to the degree that it is appropriate and
available for the City and to help meet the Annual Recovered Organic Waste
Product Procurement Target.
2. Keep records in the same manner indicated in Section 3.2.A.3 for the amount of
Renewable Gas procured and used by the City, including the general procurement
record information specified in Section 3.2.A.3.a, and submit records to the
Recordkeeping Designee on a quarterly schedule. The quarterly schedule shall be
as follows:
a. Renewable Gas records are to be provided to the Recordkeeping Designee
by April 15 for January 1 through March 31, July 15 for April 1 through June 30,
October 15 for July 1 through September 30, and January 15 for October 1 through
December 31.
b. City shall additionally obtain the documentation and submit records
specified in Section 3.2.B.3 below, if applicable. 3. If the City procures
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Renewable Gas from a POTW, City shall do the following:
a. Annually verify that the Renewable Gas from the POTW complies with the
requirements specified in 14 CCR Section 18993.1(h), including, but not
limited to the exclusion in 14 CCR Section 17896.6(a)(1) and the items
listed in this Section 3.2.B.3.
b. Annually receive a record from the POTW documenting the tons of Organic
Waste received by the POTW from: (i) a compostable material handling
operation or facility as defined in 14 CCR Section 17852(a)(12), other than
a chipping and grinding operation or facility as defined in 14 CCR Section
17852(a)(10), that is permitted or authorized under 14 CCR Division 7; (ii)
transfer/processing facility or transfer/processing operation as defined in 14
CCR Sections 17402(a)(30) and (31), respectively, that is permitted or
authorized under 14 CCR Division 7; or (iii) a solid waste landfill as defined
in Public Resources Code Section 40195.1 that is permitted under 27 CCR
Division 2.
c. Annually receive documentation from the POTW of the percentage of
biosolids that the POTW produced and transported to activities that
constitute landfill disposal in order to demonstrate that the POTW
transported less than twenty-five percent (25%) of the biosolids it produced
to activities that constitute landfill disposal. For the purposes of this Policy,
landfill disposal is defined pursuant to 14 CCR Section 18983.1(a) and
includes final disposition at a landfill; use of material as alternative daily
cover or alternative intermediate cover at a landfill, and other dispositions
not listed in 14 CCR Section 18983.1(b). Alternative daily cover or
alternative intermediate cover are defined in 27 CCR Sections 20690 and
20700, respectively.
d. Annually receive documentation that the POTW receives vehicle-
transported solid waste that is an anaerobically digestible material for the
purpose of anaerobic co-digestion with POTW treatment plant wastewater
to demonstrate that the POTW meets the requirement of 14 CCR Section
18993.1(h)(2).
e. City shall submit these records to the Recordkeeping Designee on an annual basis, on a
schedule to be determined by the Recordkeeping Designee after receipt of notification
from the POTW. C. Electricity Procured from Biomass Conversion.
For Electricity Procured from Biomass Conversion, City shall: 1. Procure
electricity from a biomass conversion facility that receives feedstock from a
composting facility, transfer/processing facility, a solid waste landfill, and/or
receives feedstock from the generator or employees on behalf of the generator of
the Organic Waste and to the degree that it is available and practicable for the City
and to help meet the Annual Recovered Organic Waste Product Procurement
Target, which requires compliance with criteria specified in 14 CCR Section
18993.1.
2. Maintain records and conduct the following recordkeeping activities:
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a. Keep records in the same manner indicated in Section 3.2.A.3 of this Policy
for the amount of Electricity Procured from Biomass Conversion facilities,
including the general procurement record information specified in Section
3.2.A.3.a.
b. Receive written notification by an authorized representative of the biomass
conversion facility certifying that biomass feedstock was received from a
permitted solid waste facility identified in 14 CCR Section 18993.1(i).
c. Provide these records to the Recordkeeping Designee.
3.3 Requirements for Direct Service Providers.
A. Direct Service Providers of landscaping maintenance, renovation, and construction shall:
1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered
Organic Waste, as defined in Section 2.B and 2.R of this Policy, for all landscaping
renovations, construction, or maintenance performed for the City, whenever
available, and capable of meeting quality standards and criteria specified. As noted
in Section 2.U above, SB 1383 Eligible Mulch used for land application shall
comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed
the physical contamination, maximum metal concentration and pathogen density
standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
2. If Direct Service Provider is subject to the City’s WELO pursuant to Municipal
Code Section 20.300.007, it shall comply with one of the following, whichever is
more stringent: (i) the City’s WELO requirement(s) that is more stringent than the
State’s MWELO, or (ii) the requirements below2:
a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards
per 1,000 square feet of permeable area shall be incorporated to a depth of
six (6) inches into the soil. Soils with greater than six percent (6%) organic
matter in the top six (6) inches of soil are exempt from adding Compost and
tilling.
b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil
surfaces of planting areas except in turf areas, creeping or rooting
groundcovers, or direct seeding applications where mulch is
contraindicated. To provide habitat for beneficial insects and other wildlife,
leave up to five percent (5%) of the landscape area without mulch.
Designated insect habitat must be included in the landscape design plan as
such.
c. Procure organic mulch materials made from recycled or post-consumer
materials rather than inorganic materials or virgin forest products unless the
recycled post-consumer organic products are not locally available. Organic
mulches are not required where prohibited by local Fuel Modification Plan
Guidelines or other applicable local ordinances.
2 Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR,
as amended September 15, 2015.
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d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that
meets or exceeds the physical contamination, maximum metal
concentration, and pathogen density standards for land applications
specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
3. Keep and provide records of Procurement of Recovered Organic Waste
Products (either through purchase or acquisition) to Recordkeeping
Designee, upon completion of projects. Information to be provided shall
include: a. General description of how and where the product was used
and if applicable, applied;
b. Source of product, including name, physical location, and contact
information for each entity, operation, or facility from whom the
Recovered Organic Waste Products were procured;
c. Type of product;
d. Quantity of each product; and,
e. Invoice or other record demonstrating purchase or procurement.
B. Direct Service Provider of Organic Waste collection services shall:
Provide a minimum twenty (20) cubic yards of Compost to City.
2. Keep and provide records to the City including the following:
a. Dates provided
b. Source of product including name, physical location and contact
information for each entity, operation or facility from whom the Recovered
Organic Waste Products were procured;
c. Type of product;
d. Quantity provided; and,
e. Invoice or other record or documentation demonstrating purchase,
procurement, or transfer of material to giveaway location.
C. Renewable Gas procurement by Direct Service Providers
Direct Service Providers transporting solid waste, organic materials, and/or
recyclable materials shall procure fifty percent (50%) of their fuel as Renewable
Gas if required to do so in RFPs and RFQs released by the City for such services or as
required by permit, license, written agreement, or written contract with the City.
2. Departments releasing RFPs and RFQs for contractors that procure fuel in the
course of their services to the City shall include a price preference to contractors
that propose to use the amount or percentage of Renewable Gas specified in the
RFP or RFQ to be eligible for said price preference. Such use, if it occurs, shall be
documented in a written contract or agreement.
3. If Renewable Gas made from recovered Organic Waste is used by Direct Service
Providers, Direct Service Providers shall submit information listed in Section
3.3.B.2.a-e on a schedule to be determined by City, but not less than annually to the
1.
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Recordkeeping Designee.
4.RENEWABLE GAS USED BY DIRECT SERVICE PROVIDERS UNDER
SECTIONS 3.3.A AND 3.3.B SHALL COMPLY WITH CRITERIA SPECIFIED IN 14
CCR SECTION 18993.1.
SECTION 4. RECYCLED-CONTENT PAPER PROCUREMENT
4.1 Requirements for City Departments
A. If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing
and Writing Paper are equal to that of non-recycled items, all departments and divisions of
City shall purchase Recycled-Content Paper Products and Recycled-Content Printing and
Writing Paper (rather than non-recycled items) that consists of at least thirty percent (30%),
by fiber weight, postconsumer fiber, or in accordance with the content requirement set forth
in Public Contract Code Sections 12200-12209 and 22150-22154, if those sections are
amended after the effective date of this policy to be more stringent than the requirements
herein.
B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an
unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section
260.12 (2013).
C. Provide records to the Recordkeeping Designee of all Paper Products and Printing and
Writing Paper purchases on a schedule determined by Recordkeeping Designee (both
recycled-content and non-recycled content, if any is purchased) made by a division or
department or employee of the City. Records shall include a copy of the invoice or other
documentation of purchase, written certifications as required in Section 4.2.A.3-4 for
recycled-content purchases, vendor name, purchaser name, quantity purchased, date
purchased, and recycled content (including products that contain none), and if non-
Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing
Paper are provided, include a description of why Recycled-Content Paper Products and/or
Recycled-Content Printing and Writing Paper were not provided.
4.2 Requirements for Vendors
A. All vendors that provide Paper Products and Printing and Writing Paper to 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, if fitness and quality are equal to that of non-recycled item.
2. Only provide Paper Products and Printing and Writing Papers that meet Federal
Trade Commission Recyclability standard as defined in Title 16 Code of Federal
Regulations Section 260.12 (2013).
3. Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing Paper
offered or sold to the City. This certification requirement may be waived if the
percentage of postconsumer material in the Paper Products, Printing and Writing
Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer
or vendor internet website.
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4.Certify in writing, under penalty of perjury, that the Paper Products and Printing
and Writing Paper offered or sold to the City is eligible to be labeled with an
unqualified recyclable label as defined in Title 16 Code of Federal Regulations
Section 260.12 (2013).
5. Provide records to the Recordkeeping Designee of all Paper Products and Printing
and Writing Paper purchased from the vendor on a schedule to be determined by
Recordkeeping Designee (both recycled-content and non-recycled content, if any
is purchased) made by a division or department or employee of the City. Records
shall include a copy of the invoice or other documentation of purchase, written
certifications as required in Section 4.2.A.3-4 for recycled-content purchases,
purchaser name, quantity purchased, date purchased, and recycled content
(including products that contain none), and if non-Recycled-Content Paper
Products and/or non- Recycled-Content Printing and Writing Paper are provided,
include a description of why Recycled-Content Paper Products and/or Recycled-
Content Printing and Writing Paper were not provided.
B. All vendors providing printing services to the City via a printing contract or written
agreement, shall use Printing and Writing Paper that consists of at least thirty percent
(30%), by fiber weight, postconsumer fiber, or in accordance with the content requirement
set forth in Public Contract Code Section 12209 if that section is amended after the
effective date of this policy and modifies the content requirement stated here.
SECTION 5. RECORDKEEPING RESPONSIBILITIES
A. The Public Works and Finance Departments will be the responsible department for
implementing this policy and will select an employee to act as the Recordkeeping Designee
that will be responsible for obtaining records pertaining to Procurement of Recovered
Organic Waste Products and Recycled-Content Paper Products and Recycled-Content
Printing and Writing Paper.
B. The Recordkeeping Designee will do the following to track Procurement of Recovered
Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content
Printing and Writing Paper:
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 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 City meeting its Annual Recovered Organic Waste Product
Procurement Target. These records must be kept as part of the City’s documentation
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of its compliance with 14 CCR Section 18993.1.
3.Collect, collate, and maintain documentation submitted by the City, Direct Service
Providers, and/or vendors, including the information reported to the Recordkeeping
Designee in accordance with Sections 3.2.A.3, 3.2.B.2, 3.2.C.2, 3.3.A.3, 3.3.B.2,
3.3.C.3, 4.1.C, and 4.2.A.5.
4. Compile an annual report on the City’s direct procurement, and vendor/other
procurement on behalf of the City, of Recovered Organic Waste Products,
Recycled-Content Paper Products, and Recycled-Content Printing and Writing
Paper, consistent with the recordkeeping requirements contained in 14 CCR
Section 18993.2 for the Annual Recovered Organic Waste Product Procurement
Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and
Recycled-Content Printing and Writing Paper procurement. This report shall be
made available to the City’s Public Works Department for compiling the annual
report to be submitted to CalRecycle (which will include a description of
compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR
Division 7, Chapter 12, Article 13. The procurement report shall also be shared
with the City Council annually as evidence of implementing this Policy.
SECTION 6. EFFECTIVE DATE OF POLICY
This Policy shall go into effect as of January 1, 2022.
3874770.1