CC SR 20200505 L - Support Letter SB 1191RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/05/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to support Senate Bill No. 1191 (SB 1191) for
significant clarifications on organic waste management compliance associated with
Senate Bill No. 1383 (Chapter 395 of the 2016 Statutes, SB 1383).
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter to Senator Ben Allen in support of SB
1191 amended on March 23, 2020, for significant clarifications on California
local jurisdictions’ "good faith efforts" in determining organic waste
management compliance with Senate Bill No. 1383 (Chapter 395 of the 2016
Statutes, SB 1383).
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst
REVIEWED BY: Elias Sassoon, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in support of SB 1191 (page A-1)
B. SB 1191 as amended March 23, 2020 (page B-1)
BACKGROUND AND DISCUSSION:
Legislation has been proposed in the California Senate (SB 1191) that, if enacted,
would require the California Department of Resources Recycling and Recovery
(CalRecycle), in determining whether or not to issue a compliance order or impose a
penalty on a local jurisdiction pursuant to SB 1383’s organic waste landfill disposal
reduction requirements or in determining the amount of any penalties imposed pursuant
to SB 1383 implementing regulations, to consider specified information, including (a)
whether a local jurisdiction has made a "good faith effort" to implement its organic waste
landfill disposal reduction program, and (b) whether any of the specified factors affected
the local jurisdiction’s ability to implement its organic waste reduction program or
otherwise comply with those regulations.
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Additionally, this bill would require CalRecycle, upon request by a local jurisdiction, to
issue a waiver from a requirement imposed pursuant to said regulations to separate and
recover food waste and food-soiled paper for all or part of the local jurisdiction where
there are or could be public safety issues associated with food waste collection as a
result of nearby bear populations. The bill would establish an alternative organic waste
management program that a local jurisdiction may comply with instead of those
regulations until specified dates.
SB 1191 has support from various governmental associations including the Los Angeles
County Solid Waste Management Committee/Integrated Waste Management Task
Force (Task Force). The Task Force includes representatives of the League of
California Cities, the Los Angeles County Board of Supervisors, the City of Los Angeles,
the waste management industry, environmental groups, the public, and a number of
other governmental agencies.
Supporting this bill is recommended as it furthers the Task Force’s position that the
"good faith effort" identified in Section 42652.5. (a) (4) of the Public Resources Code
(PRC) is required to be used in CalRecycle’s evaluating of jurisdictional compliance with
SB 1383’s organic waste reduction requirements. Additionally, PRC S ection 42652.5.
(a) (4), which was formulated and incorporated by SB 1383 into state law, requires
CalRecycle to consider "good faith effort" in determining a jurisdiction’s progress in
complying with the law. Specifically, Section 42652.5 (a) (4) states that CalRecycle
“shall base its determination of progress on relevant factors, including, but not limited to,
reviews conducted pursuant to Section 41825” (emphasis added). Since PRC Section
41825 establishes the process to determine whether a jurisdiction has made a "good
faith effort" to comply with the law, it is clear that CalRecycle is required to consider
"good faith effort" in making its determination of a jurisdiction’s compliance. However,
considering that SB 1383’s implementing regulations drafted by CalRecycle do not
include "good faith effort" in evaluating jurisdictional compliance, the Task Force
strongly supports the legislation’s further clarifications on this matter.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Do not authorize the Mayor to sign the letter in support of SB 1191
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30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / WWW.RPVCA.GOV
John Cruikshank, Mayor
Eric Alegria, Mayor Pro Tem
David L. Bradley, Councilmember
Ken Dyda, Councilmember
Barbara Ferraro, Councilmember
May 5, 2020
The Honorable Senator Benjamin Allen, Chair
Senate Committee on Environmental Quality
State Capitol, Room 2205
Sacramento, CA 95814
Re: SB 1191 (Dahle) – Organic waste: reduction goals: jurisdictions - SUPPORT
Dear Senator Allen:
The City of Rancho Palos Verdes joins the Los Angeles County Solid Waste
Management Committee/Integrated Waste Management Task Force (Task Force) in
support of Senate Bill 1191 (SB 1191), as amended on March 23, 2020.
If enacted, the proposed legislation would require, among other things, the California
Department of Resources Recycling and Recovery (CalRecycle), in determining whether
or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to
Senate Bill 1383's (SB 1383, Chapter 395 of the 2016 Statutes) organic waste reduction
requirements or in determining the amount of any penalties imposed pursuant to SB
1383 implementing regulations, to consider specified information, including (a) whether
a local jurisdiction has made a good faith effort to implement its organic waste reduction
program, and (b) whether any of the specified factors affected the local jurisdiction's
ability to implement its organic waste reduction program or otherwise comply with these
regulations.
As stipulated by SB 1383, Public Resources Code (PRC) Sections 42652.5 and 41825
establish the process to determine whether a jurisdiction has made a "good faith effort"
to comply with the waste reduction requirements of state law, CalRecycle needs to
consider "good faith effort" in making its determination of a jurisdiction's compliance.
However, considering that the SB 1383's implementing regulations drafted by
CalRecycle do not include "good faith effort" in evaluating jurisdictional compliance, we
strongly support the legislation's further clarification on this matter (emphasis added).
A-1
SB1191 (Dahle) Letter of Support
May 5, 2020
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30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / WWW.RPVCA.GOV
In these unprecedented times, local governments have stepped up to do their part in
helping prevent the spread of the virus and save lives while maintaining essential
services. We need flexibility in making decisions and allocating limited resources and
this Bill will help us do that.
The City of Rancho Palos Verdes strongly supports SB 1191. Furthermore, we urge the
legislature to consider it as a priority bill because it addresses significant concerns of
local jurisdictions related to the COVID-19 pandemic and must be heard as soon as the
legislature reconvenes.
Respectfully,
John Cruikshank
Mayor
cc: The Honorable Brian Dahle, California State Senator
Senate Environmental Quality Committee Members
Los Angeles County Solid Waste Management Committee/Integrated
Waste Management Task Force
Members of the City Council, City of Rancho Palos Verdes
Ara Michael Mihranian, AICP, City Manager, City of Rancho Palos Verdes
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