HomeMy WebLinkAbout2023-01-19; Senate Bill 1383 - Expansion of Edible Food Recovery Services Update (Districts - All); Gomez, PazTo the members of the:
CITY COUNCIL
Date\ / l 't \'1.3CA ✓ CC ✓
CM ~ \/DCM (3) V
January 19, 2023
Council Memorandum
To:
From:
Honorable Mayor Blackburn and Members of the City Council
Paz Gomez, Deputy City Manager, Public Works
Geoff Patnoe, Acting City Manager@ Via:
(city of
Carlsbad
Memo ID# 2023005
Re: Senate Bill 1383 -Expansion of Edible Food Recovery Services Update (Districts -All)
This memorandum provides an update to the previous memoranda:
• Council Memorandum dated June 24, 2021, provided as Attachment A, regarding
Senate Bill 1383 (SB 1383} Edible Food Recovery Requirements.
• Staff Memorandum dated January 11, 2022, provided as Attachment B, regarding an SB 1383
Local Assistance grant application that was submitted on January 19, 2022.
Background
The California Department of Resources Recycling and Recovery (CalRecycle) administered a one-
time grant program meant to provide aid in implementation of the new SB 1383 Organics
regulations, which became effective on January 1, 2022. This non-competitive grant program
provided $57,000,000 of funding to local jurisdictions to assist with implementation of regulation
requirements associated with SB 1383.
On May 31, 2022, the City of Carlsbad received the distribution of CalRecycle1s SB 1383 Local
Assistance Grant Program (OWRl) funding of $163,804. The grant requires the city to make all
grant-eligible expenditures and incur all grant-eligible costs before May 2, 2024.
Discussion
Sustainable Materials Management staff have been diligently working on edible food recovery
programs since 2022. As part of these efforts, in spring of 2022, staff worked with a contractor to
assess the city's current state of food donation. For this task, staff requested a contractor to
identify food recovery organizations located or operating in the city, gather information about
major barriers and capacity constraints from these organizations through site visits and provide
recommendations to expand food recovery capacity in the city.
With the contractor, staff completed seven total site visits with organizations that are recovering
food in Carlsbad. During these visits, food recovery organization staff reiterated what we heard in
previous focus groups: expanding food recovery will require investment in additional resources for
both existing as well as new organizations for equipment and operations.
Public Works Branch
Environmental Sustainability Department
1635 Faraday Ave I Carlsbad, CA 92008 I 442-339-2646 t
Council Memo -SB 1383 -Expansion of Edible Food Recovery Services Update (Districts -All)
January 19, 2023
Page 2
Based on this feedback, the city decided to offer agreements to food recovery organizations that
could assist in expanding food recovery activities in the city. These agreements will follow the
grant eligible costs and will consist of:
1. Equipment: The City of Carlsbad will provide up to $10,000 for purchase, use and
installation of equipment to support entities in their efforts accepting and distributing
additional edible food safely
2. Operations: The City of Carlsbad will provide up to $20,000 to be used for staff time and
other operational funding to support entities in their efforts accepting and distributing
additional edible food safely
Apart from city staff time to manage this program, only Cal Recycle grant money will be used to
fund this program.
Next Steps
Staff will disperse a flyer, provided as Attachment C, to food recovery organizations located or
operating in the city to inform them of upcoming funding opportunities with the city in 2023.
The application process will open February 1, 2023, and applications will be accepted until
February 28, 2023. Applications will be reviewed as they are received, and each funding
agreement will be valid for one year. Funding is not mutually exclusive, and one food recovery
organization can apply for both equipment and operations. Depending on funding awarded,
organizations will need to complete three reports, as well as either submit monthly operations
invoices or consent to bi-annual equipment inspections.
Attachments: A. Council Memorandum dated June 24, 2021
B. Memorandum dated January 11, 2022
C. 2023 Edible Food Recovery Funding Flyer
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Mickey Williams, Police Chief
Allegra Frost, Assistant City Attorney
David Graham, Chief Innovation Officer
Jeff Murphy, Community Development Director
Zach Korach, Finance Director
Mandy Mills, Housing and Homeless Services Director
Jamie Wood, Environmental Sustainability Director
Megan Powers, Management Analyst
Avecita Jones, Senior Program Manager
To the members of the:
CITY COUNCIL
Date w/c).IJ/~, CA _.:!::_ cc L
CM ..:i..ACM ..b_DCM (3)~
June 24, 2021
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council
From: Paz Gomez, Deputy City Manager, Pub~rks
ATTACHMENT A
{city of
Carlsbad
Memo ID #2021127
Via: Geoff Patnoe, Assistant City Manager ~
Re: 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 of this 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
CalRecycle), 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 helpfo_ed 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 activ~ly 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 capacity to donate foods that are harder to safely I
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
Tier 1
January 1,_2022
Tier one businesses typically have more
produce, fresh i;irocery,.and sh.elf-stabh!°foods to
donate. ·
Wholesale
Food Vef!dors
Food Dlstributd
Food Service ,.
::.. . Providers j
-. r ~,ocery Stores. 10,000 ,q, n.
and supermarkets .
Tier 2
January 1, 2024
lier 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
WilhOn-Sfte FoodFo.clllty
and 200+ Rooms
State Agency
Cafeterias
~5,000sq,ft.or 250.,seats
Restaurant Facilities
:t5,0D0sq:.ft,or2S0+=io11.1s
+ ~·-~ ~~~~
Health Facllltles
• Large Venues
and Events
• ~~tm,.,~:11
!_ -.,....-. ___ -_
Local Education Agencies
with On-Silo 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
CalRecycle.
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 Cal Recycle
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
Food Donors in Carlsbad
Pounds Donated bY. Food
Donor Sector (2020).
T1 Food
Service
Provider
3,1901bs
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
51,306lbs
Tl Grocery Stores
& Supermarkets
565,123 lbs
Other -Starbucks
4,2641bs
""' "-,
I T2 Hotels
//' 2,5271bs
/ T2 Large
/ ,/-Venues
SO lbs
The majority of food donations, 90%, came from grocery
stores and supermarkets.
■ 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.
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 .·
Tier1
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 i. 1,200,000 lbs . .
1,000,000 lbs
800,000 lbs 1.152millbs
600,000 lbs
400,000 lbs
200,000 lbs
lbs
Actual food donations (2020)
D Projected maximum food rescue
of food
currently
landfilled
Tier 2 Generators
Must donate the maximum amount starting Jan. 1. 2024
Tier 2
generators
identified in
Carls.bad
• 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 i. . .
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.
Memorandum
Jan. 11, 2022
To: Scott Chadwick, City Manager
From: James Wood, Environmental Management Director
Via: Laura Rocha, Deputy City Manager, Administrative Services
Paz Gomez, Deputy City Manager, Public Works
Geoff Patnoe, Assistant City Manager
ATTACHMENT B
{city of
Carlsbad
Re: Grant Application for Senate Bill 1383 Local Assistance (Districts -All}
This memorandum is to request City Manager authorization to apply for a grant for Senate Bill
(SB) 1383 Local Assistance, which is due by Feb. 1, 2022.
Background
The Department of Resources Recycling and Recovery (Cal Recycle) is administering a one-time
grant program meant to provide aid in the implementation of the new SB 1383 Organics
regulations, which became effective on Jan. 1, 2022. This non-competitive grant program
provides $57,000,000 offunding to local jurisdictions to assist with the implementation of
regulation requirements associated with SB 1383, including but not limited to:
• Capacity Planning
• Collection
• Edible Food Recovery
• Education and Outreach (include organic waste and edible food recovery)
• Enforcement and Inspection
• Program Evaluation/Gap Analysis
• Procurement Requirements
• Record Keeping
In accordance with Administrative Order No. 51, staff must submit grant applications to the City
Manager for approval via the Finance Director and Assistant City Manager. Staff is requesting
City Manager's approval for submission of a grant application, which is due by Feb. 1, 2022.
Discussion
Funding for this grant is based on a minimum award amount of $20,000 for eligible entities with
the remaining funds distributed based on per capita calculations. The grant allocation that will
be distributed to the City of Carlsbad is a minimum of $152,509. The application for this Local
Assistance Grant is included at Attachment A. If approved to apply, Paz Gomez, Deputy City
Public Works Branch
Environmental Management Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2799 t
Memo -Grant Application for Senate Bill 1383 Local Assistance (Districts -All)
Jan. 11, 2022
Page 2
Manager, Public Works, can sign the grant application as designated in City Council Resolution
No. 2020-055, included as Attachment B.
Next Steps
Upon City
1, 2022.
Approved:
ancffi,val, staff will submit the grant applicatio:::~ore ,:::f Feb.
Attachments: A. SB 1383 Grant Application Certification
B. Resolution No. 2020-055
cc: Avecita Jones, Senior Program Manager
Megan Powers, Management Analyst
ATTACHMENT C
2023 funding available
for food recovery
organizations
The City of Carlsbad will be offering funding for equipment and staffing
support to help community-based organizations expand the volume of
food recovered from Carlsbad food-generating businesses.
Applications coming soon.
1. Long Term Equipment Agreement
Eligible equipment includes, but is not limited to:
* Refrigerators, freezers,
and refrigeration systems
Food preparation and cooking
items such as ovens and ranges
II
Storage and collection
infrastructure such as
food crates and bins
Equipment to modernize
production and handling (i.e., food
scales, packagers)
Food safety supplies for
temperature control
2. Staffing Resources
Support for existing or additional staff to assist
organizations with day-to-day food rescue
operations, including but not limited to:
•
Tft
Pay for drivers to conduct
additional donor pickups
Pay for labor to turn
end-of-life foods into
value-added products
Pay for labor that increases
meals served using
additional rescued food
Pay for labor that results
in an increase in the
number of additional
food generators
Eligible entities must be a business or non-profit organization located in, or servicing, the City of Carlsbad and be focused on
rescuing edible food and distributing it to people in need. Entities must be able to demonstrate how the equipment or staff
time will increase an organization's capacity to rescue edible food from the City of Carlsbad's Tier 1 and Tier 2 generators per
SB 1383 requirements. Details and eligibility requirements of each funding opportunity will be provided soon.