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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.