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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 CM _}i_ACM ..i:,,__Dc;:M (3)...::J..... 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