HomeMy WebLinkAbout2021-06-24; Senate Bill 1383 Edible Food Recovery Requirements (Districts - All); Gomez, PazTo the members of the:
CITY COUNCIL
Date w/~ll/:11 CA _:!::_ CC _L
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June 24, 2021
Council Memorandum
To:
From:
Via:
Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Pub~rks
{city of
Carlsbad
Memo ID #2021127
Re:
Geoff Patnoe, Assistant City Manager~
Senate Bill 1383 Edible Food Recovery Requirements (Districts -All)
This memorandum provides an overview of the edible food recovery requirements in Senate
Bill (SB) 1383: Short-Lived Climate Pollutants.
Background
SB 1383 has many components, including a requirement to provide organics collection services
to all residents and businesses. This memorandum addresses one of its six requirements:
establishment of an edible food recovery program.
The purpose ofthis requirement is to reduce food waste and help address food insecurity.
While SB 1383's organics collection requirements were included in the city's solid waste
franchise agreements, requirements to establish food recovery programs were not because
these requirements are far larger than waste-hauling activities. In other words, SB 1383's food
recovery program requirements are the sole responsibility of the city, not the city's waste
hauler.
SB 1383 requires that by 2025, California will recover 20% of edible food that would otherwise
be sent to landfills, to feed people in need. The law directs the following:
• Jurisdictions must establish food recovery programs and strengthen their existing food
recovery networks
• Food donors must arrange to recover the maximum amount of their edible food that
would otherwise go to landfills
• Food recovery organizations and services that participate in SB 1383 must maintain
records and report data to jurisdictions
Feeding hungry people through food recovery is the best use of surplus food and is a vital way
for California to conserve resources and reduce waste thrown in landfills.
Public Works Branch
Environmental Management Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4646 t
Council Memo -Senate Bill 1383 Edible Food Recovery Requirements (Districts -All)
June 24, 2021
Page 2
Discussion
According to the California Department of Resources, Recycling and Recovery (also known as
Cal Recycle), Californians send 11.2 billion pounds of food to landfills each year, some of which
was still fresh enough to have been recovered to feed people in need. While billions of meals go
to waste, millions of Californians do not have enough to eat.
To reduce food waste and address food insecurity, surplus food that is still safe for people to
eat will instead go to food banks, soup kitchens, and other food recovery organizations and
services to help feed Californians in need. This will save landfill space and lower methane
emissions, a climate super pollutant, emitted by organic waste in landfills. For this reason, SB
1383 requires jurisdictions, such as the City of Carlsbad, to establish a robust food recovery
program(s) or to actively expand/support current food recovery efforts.
Edible Food Recovery Requirements in SB 1383
The following tasks are required for all jurisdictions, including the city, to meet the edible food
recovery requirements in SB 1383:
1. Capacity Planning
SB 1383 becomes effective Jan. 1, 2022. The law requires jurisdictions to begin assessing
their community's current food recovery capacity. Under this requirement, jurisdictions
must actively expand and create new infrastructure to grow food recovery networks.
2. Educate All Regulated Food Donors
Beginning Jan. 1, 2022, SB 1383 requires certain food businesses to donate the maximum
amount of edible food they would otherwise dispose to food recovery organizations. SB
1383 placed mandated food donors into two tiers.
This tier system allows businesses and jurisdictions more time to prepare to expand or build
new food recovery infrastructure and cap~city to donate foods that are harder to safely
store and distribute. The graphic below, provided by Cal Recycle, illustrates how the city will
categorize businesses in its SB 1383 compliance efforts.
Council Memo -Senate Bill 1383 Edible Food Recovery Requirements (Districts -All)
June 24, 2021
Page 3
lllll(i•); ,i; ,i419 ffl • ffl H n ti i·t·i~ ffl§ it§ iii·) ?Pl'
Tier 1 Tier 2
January 1, 2022
Tier one businesses typically have more
produce, fresh grocery, and shelf-stable foods to
donate.
Wholesale
Food Vendors
Food service j
Providers
January 1, 2024
Tier two businesses typically have more prepared
foods to donate, which often require more careful handling
to meet food safety requirements (e.g. time and temperature controls).
Hotels
with On-Site Food Facility
nnd 200+ Rooms
State Agency
.~~~~~';,'~!, <f
250+seats
~
Restaurant Facilities
?; 5,000 sq. ft. or 250+ seats Health Facilities
Large Venues
and Events
Local Education Agencies
with On-Site Food Facility
Commencing in 2022, on an annual basis, jurisdictions must provide Tier 1 and Tier 2
commercial edible food generators with information on that jurisdiction's (1) edible food
recovery program, (2) generator requirements and (3) food recovery organizations. The
education provided to the generators will include print or electronic materials.
3. Recordkeeping
To ensure that the maximum amount of edible food is recovered, the regulations require that
mandated Tier 1 and Tier 2 food generators establish contracts or written agreements with
food recovery organizations and services. Jurisdictions are required to monitor compliance of
these commercial edible food generators by verifying that a contract or written agreement has
been established.
By April 1, 2022, jurisdictions must file an initial compliance report including all adopted
ordinances or other enforceable mechanisms and reporting items listed in the annual reporting
section. The city is also required to submit an SB 1383 compliance report annually thereafter to
Cal Recycle.
4. Monitoring and Enforcement
SB 1383 requires mandated food donors to maintain records of their food donation activities.
Jurisdictions must then monitor compliance by verifying the following types of records:
• Contract or written agreement information for food recovery organizations and services
• Schedules for food donation deliveries or collections
• Quantity of food donated in pounds per month
• Types of food each food recovery organization receive or collect
Council Memo -Senate Bill 1383 Edible Food Recovery Requirements (Districts -All)
June 24, 2021
Page 4
Jurisdictions must develop penalties for enforcement actions, including enforcement of
property and business owners, and commercial edible food generators, based on CalRecycle
proposed penalty amounts.
Beginning on Jan. 1, 2022, a jurisdiction is required to conduct annual route reviews and
inspections of regulated entities to determine overall compliance. A jurisdiction is required to
conduct enough route reviews and inspections to adequately determine the overall compliance
of the generators under its authority and to ensure its own compliance.
City of Carlsbad Actions towards Compliance with Edible Food Recovery Requirements
1. Training and Education
Staff attended SB 1383 training sessions to learn about this complex law and its
requirements. Additionally, staff continue to attend and participate in regional meetings to
discuss the significant planning and program implementation that will be required. Also,
staff participated in the County of San Diego Food Donation Action Plan to support and
improve food donation in the San Diego region to help address food insecurity while
reducing food waste. Lastly, staff worked closely with Cal Recycle for technical assistance
while developing the tools required to assess food waste disposal and edible food recovery
capacity planning.
2. Evaluation of Edible Food Recovery Opportunities
In 2020, staff hired a consultant to review the city's businesses and help identify them as
Tier 1 or Tier 2 generators, as required by Cal Recycle, and to help the city with capacity
planning. Additionally, staff worked with a contractor to assess the city's current state of
food donation, identifying all food recovery organizations in the city, gathering information
about major barriers and capacity constraints, and providing an estimated measurement of
existing efforts. The information from this evaluation is contained in Attachment A.
Next Steps
Staff will continue to plan for overall SB 1383 compliance. The Environmental Management and
Innovation & Economic Development Departments staff work closely to collaborate on how to
better assist city businesses with SB 1383's complex requirements. Additionally, the
Environmental Management Department staff work closely with the Homeless Outreach Team
to find ways to collaborate and support the food recovery agencies in the city and possibly
expand their services.
The Environmental Management Department does not currently have resources for
inspections, monitoring, enforcement and expanded outreach education to city businesses and
food recovery agencies. When staff bring the Sustainable Materials Management
Implementation Plan to the City Council for approval later this year, SB 1383 requirements will
be included, along with an analysis of needed resources to implement a new food recovery
program in the city.
Council Memo -Senate Bill 1383 Edible Food Recovery Requirements (Districts -All)
June 24, 2021
Page 5
Attachment: A. 2020 Carlsbad Food Recovery Report
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Mickey Williams, Acting Police Chief
Robby Contreras, Assistant City Attorney
David Graham, Chief Innovation Officer
Jeff Murphy, Community Development Director
Ryan Green, Finance Director
James Wood, Environmental Manager
Matt Sanford, Economic Development Manager
Avecita Jones, Senior Program Manager
Holly Nelson, Senior Program Manager
ATTACHMENT A
2020 Carlsbad Food Recovery Report
Current efforts, SB 1383 analysis, and next steps
Food Donors in Carlsbad
Pounds Donated bY. Food
Donor Sector (2020).
T1 Food
Service
Provider
28 626,460 lbs
Carlsbad businesses
donated food in
2020
of food were
donated by
Carlsbad
businesses in 2020
Most Carlsbad food donors partner with
food recovery organizations located in
other cities.
18
Food Recovery Organizations
Rescue, transport, and distribute food.
Food recovery organizations identified serving
Carlsbad. Only 1 is located within Carlsbad.
Example: Brother Benno Foundation
T1 Wholesale
Vendors&
Distributors
51,306 lbs
T1 Grocery Stores
& Supermarkets
565,123 lbs
3,190 lbs
Other -Starbucks
4,264lbs
T2 Hotels
2,527 lbs
T2 Large
Venues
SO lbs
The majority of food donations, 90%, came from grocery
stores and supermarkets.
■ Oceanside
Encinitas
■ Spring Valley
■ San Marcos
■ Escondido
■ San Diego
■ Carlsbad
Food Distribution / Hunger
Relief Organizations
Distribute food to community members.
15 Food distribution sites identified within Carlsbad.
Example: Carlsbad Community Center
All data presented in this report comes from the best available sources: Feeding San Diego and San Diego Food Bank.
Developed for the City of Carlsbad by San Diego Food System Alliance
Carlsbad Food Recovery Report
Current efforts, SB 1383 analysis, and next steps
SB 1383 sets program, reporting, and record-keeping requirements for cities to establish an edible food
recovery program for Tier 1 & 2 commercial edible food generators, conduct education and outreach to
all generators, and plan & secure access for edible food recovery capacity.
Tier 1 Generators
Must donate the maximum amount starting Jan. 1. 2022
Tier 1
generators
identified in
Carlsbad
• Grocery Stores/Supermarkets
• Wholesale Food Vendors
• Food Distributors
• Food Service Providers
20 out of 72 Tier 1 generators
are already donating.
Tier 1 Actual Food Donations vs. Projected
Maximum Food Rescue Scenario
2,000,000 lbs
1,800,000 lbs
1,600,000 lbs
1,400,000 lbs D. 1,200,000 lbs . .
1,000,000 lbs
800,000 lbs 1.152 mil lbs
600,000 lbs
400,000 lbs
200,000 lbs
lbs
Actual food donations (2020)
Projected maximum food rescue
Next Steps
of food
currently
landfilled
Tier 2 Generators
Must donate the maximum amount starting Jan. 1. 2024
Tier2
generators
identified in
Carlsbad
• Hotels
• State Agency Cafeterias
• Health Facilities
• Large Venues & Events
• Restaurant Facilities
2 out of 101 Tier 2 generators
are already donating.
*Tier 2 includes shopping malls, which house many more
businesses unaccounted for in the 101 figure.
Tier 2 Actual Food Donations vs. Projected
Maximum Food Rescue Scenario
1,400,000 lbs
1,200,000 lbs
1,000,000 lbs
800,000 lbs
600,000 lbs D. . .
400,000 lbs 1.155 mil lbs
200,000 lbs
lbs
Actual food donations (2020)
Projected maximum food rescue
of food
currently
landfilled
·• Provide outreach to Tier One and Tier Two businesses.
• Create connections between food recovery and food assistance programs.
• Support food recovery organizations' ability to service an influx of food donors.
Developed for the City of Carlsbad by San Diego Food System Alliance