RPVCCA_CC_SR_2012_08_21_E_Letter_Re_Proposed_Mandatory_Organics_Diversion_LegislationCfTYOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JIM HENDRICKSON,INT.DIRECTOR OF PUBLIC WORK~
AUGUST 21,2012
LETTER OF CONCERN REGARDING PROPOSED
MANDATORY ORGANICS DIVERSION LEGISLATION
CAROLYN LEHR,CITY MANAGER Cl9.-
Lauren Ramezani,Sr.Administrative Analyst 'ii---
RECOMMENDATION
Authorize the Mayor to send a letter on behalf of the City of Rancho Palos Verdes to
California legislators expressing concern regarding the proposed mandatory organics
diversion legislation.
BACKGROUND
The State has various mandates to promote recycling,reuse and waste reduction.In
that pursuit,the City has implemented several successful recycling and waste reduction
programs to divert recyclable material from going to landfills.One such program is
green waste recycling.Approximately 40%of the waste generated in the City is green
waste.This material is collected at curbside and later taken to a composting/mulching
facility for recycling,and/or to a facility that processes the green waste for use as
Alternative Daily Cover (ADC)at landfills.Currently,the City gets diversion credit for
the green waste that is mulched and used as ADC.The City exceeds the State's 50%
diversion mandate.
DISCUSSION
CalRecycle has prepared a white paper,"California's New Goal:75%Recycling"
discussing ways to improve the State's recycling.Based on that,the State legislature is
expected to shortly introduce major solid waste legislation that may have significant
impacts on local jurisdiction solid waste management programs and waste hauling
contracts.One such legislative initiative is described as "organics management"
legislation,with the goal to mandate the diversion from landfills of 50%of organic
waste,which includes such materials as green waste, by 2020.
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Letter Regarding Organics Recycling
August 21,2012
Page 2
The overall goal is to increase composting of organics wastes,and to minimize the
organic material going to landfills,even if it is beneficially reused.Although composting
is considered the "true"recycling of green waste,however,there are very few
composting facilities in Southern California.Furthermore,those facilities are a distance
away adding to haulers transportation costs,which ultimately get passed down to
customers.As a result,the use of green waste as ADC has been a practical and cost
effective alternative and/or supplement for many cities.
The County Sanitation Districts of Los Angeles County has urged agencies to send a
letter of concern regarding this legislative proposal.This legislation might include both
the imposition of a tip fee surcharge of $1.40 per ton and a phase-out of diversion credit
for green waste used as ADC.
Banning the use of ADC as diversion,would impact the rates of most cities,especially if
they generate significant green waste like RPV.Furthermore,haulers including EDCO
and UWS would most probably pass down the tip fee surcharge to their customers,
increasing their monthly rates.Such a pass through of costs is eligible and allowable
per their contracts with the City.
Furthermore,the current legislative proposal appears to short circuit the public review
process and moves to implement some of the proposals without any consideration of
the input received.
Finally,the City is a member of Los Angeles Regional Agency (LARA)which has sent a
letter to CalRecycie providing comments.The City of Los Angeles has also sent a
detailed letter outlining the areas of support and concern for the proposed legislation.
Attached is a draft letter.If staff's recommendation is approved the Mayor would sign
the letter on the City's behalf.Staff will then send the letter to the appropriate State
Senate and Assembly members and CalRecycle.
ALTERNATIVE
Do not to send the letter.The letter sent by LARA represents all member cities,
including RPV.
FISCAL IMPACT
There will be no impact at this time.
Attachments:Draft Letter for the Mayor's Signature
Letter from Los Angeles County Sanitation Districts
W:\Pam\Staff Reports\2012\08-21-12\mayor letter re ADC.doc E-2
DRAFT LETTER
August _,2012
The Honorable Wesley Chesbro,Chair
Assembly Committee on Natural Resources
1020 N Street,Room 164
Sacramento,CA 95814
Dear Chairman Chesbro:
Concerns Regarding Proposed Mandatory Organics Diversion Legislation
On behalf of the City of Rancho Palos Verdes,I am writing to express our concerns about
legislation that we understand may be introduced in August to mandate that local jurisdictions divert 50%
of organic waste from landfills by 2020.I understand that you are considering introducing such
legislation,and I urge you not to rush to enact a proposal of great importance to local government without
an opportunity for full deliberation of the costs and benefits of such a proposal.Given that the
Legislature will adjourn on August 31 st,there is not enough time left in the session for that to occur.
We understand that,among other things,you are considering prohibiting recognition of the
recycling value of greenwaste when it is used at landfills as alternative daily cover (ADC),and that you
may apply a tip fee surcharge of $1.40/ton to greenwaste recycled in this manner.Greenwaste ADC has
many benefits and should not be classified as disposal,since it meets the definition of recycling;namely,
ADC involves the processing of materials that would otherwise be solid waste and returns them to the
economic mainstream in the form of a necessary use in the marketplace.The use greenwaste as ADC
reduces the need to obtain dirt for cover,and is a valid type of recycling.Use of greenwaste for ADC
also conserves space in local landfills,which helps keep solid waste management costs reasonable for
local jurisdictions.
While we understand that your goal may be to increase compo sting infrastructure,it is important
to understand the difficulties in siting such facilities in urbanized southern California,given challenges
such as stringent air quality regulations in the South Coast air basin.In Los Angeles County,local
composting infrastructure is very limited and new facilities are likely to be located in outlying areas,
thereby increasing truck hauling,with the associated expense,traffic congestion and air pollution.
We are also concerned that rushing to enact legislation to mandate organic waste diversion is
short-circuiting the process enacted in AB 341,which you authored last year.At the local level,
jurisdictions are fully occupied with implementation of mandatory commercial recycling,and,at the state
level,Cal-Recycle has only recently begun an l8-month stakeholder engagement process to determine the
best path forward to meet the ambitious 75%diversion goal adopted in AB 341.
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Page 2
In conclusion,it is premature for the Legislature to move forward now with new solid waste management
mandates,and,instead,we ask that you fully engage with local government and other interested
stakeholders to determine the tools and programs that are necessary to reach the 75%diversion goal that
was catalyzed by AB 341.
Sincerely,
Anthony Misetich,Mayor
cc:Assembly Speaker John Perez
Senate Pro Tern Darrell Steinberg
Senator Joe Simitian,Chair,Senate Committee
on Environmental Quality
Caroll Mortensen,Director,Cal-Recycle
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COUNTY SANITATION DISTRICTS
OF LOS ANGELES COUNTY
1955 Workman Mill Road,Whittier,CA 90601-1400
Mailing Address:P.O.Box 4998,Whittier,CA 90607-4998
Telephone:(562)699-7411,FAX:(562)699-5422
www.lacsd.org
Boards of Directors
County Sanitation Districts
of Los Angeles County
Directors:
August 3,2012
GRACE ROBINSON CHAN
Chief Engineer and General Manager
Proposed Mandatory Green Waste Diversion Legislation
Recently I learned that major solid waste legislation is expected to be introduced after the
Legislature returns to Sacramento on August 6.This initiative may have major impacts on local
jurisdiction solid waste management programs and hauling contracts.The opportunities to participate in
the Legislature's consideration of this legislation will be very limited,given that the Legislature will
adjourn on August 31 and the normal legislative process will be extremely truncated.
This legislative initiative is being described as "organics management"legislation,the goal of
which is to mandate the diversion from landfills of 50%of organic waste,which includes such materials
as greenwaste,by 2020.The overall goal is to increase composting of organic wastes,and to minimize
the organic material going to landfills,even if it is beneficially reused.While I have not seen any
proposed language,I have been told by legislative staff that the legislation may include both imposition of
a tip fee surcharge of $1.40 per ton and a phase-out of diversion credit for greenwaste used as alternative
daily cover,which is a key element of your jurisdictions'waste diversion programs.The tip fee
surcharge would be imposed when the legislation takes effect,and the phase-out of diversion credit would
be required by 2020.These proposals will surely increase local solid waste management costs,and are
likely to exacerbate local traffic congestion and air pollution due to the need for increased truck hauling
of organic waste to rural areas,where compo sting facilities are typically located.
Cal-Recycle recently released an early draft of a report titled "California's New Goal:75%
Recycling,"for public review,which includes some of these same adverse concepts,but in which the
Executive Director committed to an l8-month stakeholder process that would include multiple
opportunities for input.The current legislative proposal short-circuits that process and moves to
implementation of some of the draft report's proposals without any consideration of the input received.
I will be infonning legislators of our major concerns about this legislative proposal,and I urge
you to do the same.A sample letter is attached for your consideration.I will keep you apprised as further
information becomes available.
Very truly yours,
Grace Robinson Chan
Enclosure
GRC:SNG:djm
cc:City Mangers
Public Works Directors
DOCS:2319322
ft
Recycled Paper ~.tE-5
SAMPLE LETTER
[Date]
The Honorable Wesley Chesbro,Chair
Assembly Committee on Natural Resources
1020 N Street,Room 164
Sacramento,CA 95814
Dear Chairman Chesbro:
Concerns Regarding Proposed Mandatory Organics Diversion Legislation
On behalf of the City of {fill in},I am writing to express our concerns about legislation that we
understand may be introduced in August to mandate that local jurisdictions divert 50%of organic waste
from landfills by 2020.I understand that you are considering introducing such legislation,and I urge you
not to rush to enact a proposal of great importance to local government without an opportunity for full
deliberation of the costs and benefits of such a proposal.Given that the Legislature will adjourn on
August 31 51
;there is not enough time left in the session for that to occur.
We understand that,among other things,you 'are considering prohibiting recognition of the
recycling value of greenwaste when it is used at landfills as alternative daily cover (ADC),and that you
may apply a tip fee surcharge of $1.40/ton to green waste recycled in this manner.Greenwaste ADC has
many benefits and should not be classified as disposal,since it meets the definition of recycling;namely,
ADC involves the processing of materials that would otherwise be solid waste and returns them to the
economic mainstream in the form of a necessary use in the marketplace.The use green waste as ADC
reduces the need to obtain dirt for cover,and is a valid type of recycling.Use of greenwaste for ADC
also conserves space in local landfills,which helps keep solid waste management costs reasonable for
local jurisdictions.
While we understand that your goal may be to increase composting infrastructure,it is important
to understand the difficulties in siting such facilities in urbanized southern California,given challenges
such as stringent air quality regulations in the South Coast air basin.In Los Angeles County,local
composting infrastructure is very limited and new facilities are likely to be located in outlying areas,
thereby increasing truck hauling,with the associated expense,traffic congestion and air pollution.
We are also concerned that rushing to enact legislation to mandate organic waste diversion is
short-circuiting the process enacted in AB 341,which you authored last year.At the local level,
jurisdictions are fully occupied with implementation of mandatory commercial recycling,and,at the state
level,Cal-Recycle has only recently begun an 18-month stakeholder engagement process to determine the
best path forward to meet the ambitious 75%diversion goal adopted in AB 341.
In conclusion,it is premature for the Legislature to move forward now with new solid waste
management mandates,and,instead,we ask that you fully engage with local government and other
interested stakeholders to determine the tools and programs that are necessary to reach the 75%diversion
goal that was catalyzed by AB 341.
Sincerely,
cc:Assembly Speaker John Perez
Senate Pro Tern Darrell Steinberg
Senator Joe Simitian,Chair,Senate Committee
on Environmental Quality
Caroll Mortensen,Director,Cal-Recycle
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