HomeMy WebLinkAbout01-22RESOLUTION 01-22
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS
ALTOS HILLS ADOPTING AN ORGANIC WASTE PRODUCT
PROCURMENT POLICY
WHEREAS, on November 3, 2020, Senate Bill 1383 was approved which established statewide
methane emission reduction targets in an effort to reduce emissions of short-lived climate
pollutants in various sectors of California's economy; and
WHEREAS, to accomplish these statewide goals, SB 1383 regulations include prescriptive
requirements for local jurisdictions related to recycling, organics collection, inspection,
enforcement policies, programs, and edible food recovery; and
WHEREAS, the Town of Los Altos Hills is committed to minimize its contribution to climate
change, pollution, and solid waste disposal; and
WHEREAS, the Town is adopting a Procurement Policy to incorporate environmental
considerations including recycled -content and recovered organic waste product use into
purchasing practices and procurement for the jurisdiction.
NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby adopts the attached
Organic Waste Product Procurement Policy (Attachment A).
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on 20th of January 2022 by the following vote:
AYES: Tyson, Swan, Mok, Schmidt, Tanlcha
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
By:
George Tysow, Mayo
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Page 1
Attachment A
TOWN OF LOS ALTOS HILLSosTosH[LLs
26379 Fremont Road
Los Altos Hills, CA 94022 ,
Phone; (650) 941-7222 w __ r
www.losaltoshills.ca.gov CALIFORNIA
Organic Waste Product Procurement Policy
Approved by City Council xxxxxx
SECTION 1. PURPOSE
A. It is the policy of the Town of Los Altos Hills ("Town"), applicable to all departments and
divisions, to incorporate environmental considerations including recycled -content and
recovered Organic Waste product use into purchasing practices and procurement. This
Organic Waste Product Procurement Policy (Policy) will help the Town to:
Protect and conserve natural resources, water, and energy;
2. Minimize the Town's contribution to climate change, pollution, and solid waste
disposal; and,
Comply with State requirements as contained in 14 CCR Division 7, Chapter 12,
Article 12 (SB 1383 procurement regulations) to procure a specified amount of
Recovered Organic Waste Products to support Organic Waste disposal reduction
targets and markets for products made from recycled and recovered Organic Waste
materials, and to purchase Recycled -Content Paper Products and Recycled -Content
Printing and Writing Paper.
SECTION 2. DEFINITIONS
The following definitions apply for the purposes of this Policy. If any of these terms are modified
after the effective date of this Policy by sections of the California Code of Regulations cited herein,
those modified definitions shall govern. A copy of the state regulations most currently in effect
may be located at https://www,calrecycle.ca.gov/organics/slcp.
A. "Annual Recovered Organic Waste Product Procurement Target" means the amount of
Organic Waste in the form of a Recovered Organic Waste Product that the City is required
to procure annually under 14 CCR Section 18993.1 in accordance with the criteria set forth
therein.
B. "Compost" means the product resulting from the controlled biological decomposition of
organic solid wastes that are source separated from the municipal solid waste stream or
which are separated at a centralized facility or as otherwise defined in 14 CCR Section
17896.2(a)(4).
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C. "Direct Service Provider" means a person, company, agency, district, or other entity that
provides a service or services to Town pursuant to a contract or other written agreement or
as otherwise defined in 14 CCR Section 18982(a)(17).
D. "MWELO" means the State's Model Water Efficient Landscape Ordinance, as set forth
under Title 23, Division 2, Chapter 2.7 of the CCR (most recently amended September 15,
2015).
E. "Town" means the Town of Los Altos Hills.
F. "Organic Waste" means solid wastes containing material originated from living organisms
and their metabolic waste products including, but not limited to, food, yard trimmings,
organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper,
manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section
18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and
14 CCR Section 18982(a)(16.5), respectively.
G. "Paper Products" include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or
as otherwise defined in 14 CCR Section 18982(a)(51).
H. "Printing and Writing Papers" include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications; or as otherwise defined in 14 CCR Section 18982(a)(54).
I. "Procurement of Recovered Organic Waste Products" shall mean purchase or acquisition
(e.g., free delivery or free distribution from a hauler or other entity via a written agreement
or contract), and end use by the Town or others. The Town's Annual Recovered Organic
Waste Product Procurement Target can be fulfilled directly by the Town or by Direct
Service Providers through written contracts or agreements for Procurement of Recovered
Organic Waste Products at the Town's behest.
J. "Recovered Organic Waste Products" means products made from California, landfill -
diverted recovered Organic Waste processed at a permitted or otherwise authorized
operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products
that can be used to meet the Annual Recovered Organic Waste Product Procurement Target
shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in -vessel
digestion facility, and Electricity Procured from Biomass Conversion as described herein
and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12,
Article 12.
K. "Recordkeeping Designee" means the public employee appointed by the City Manager or
their designee to track procurement and maintain records of Recovered Organic Waste
Product procurement efforts both by the Town and others, if applicable, as required by 14
CCR, Division 7, Chapter 12, Articles 12 and 13.
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L. "Recyclability" means that the Paper Products and Printing and Writing Paper offered or
sold to the Town are eligible to be labeled with an unqualified recyclable label as defined
in 16 Code of Federal Regulations Section 260.12 (2013).
M. "Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper"
means such products that consist of at least thirty percent (30%), by fiber weight,
postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and
Sections 12200 and 12209 of the Public Contract Code, and as amended.
N. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, establishing methane emissions reduction
targets in a statewide effort to reduce emissions of short-lived climate pollutants, as
amended, supplemented, superseded, and replaced from time to time.
O. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of
this policy, the Short -Lived Climate Pollutants (SLCP): Organic Waste Reductions
regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14
CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
P. "SB 1383 Eligible Mulch" means mulch eligible to meet the Annual Recovered Organic
Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB
1383 Eligible Mulch shall meet the following conditions for the duration of the applicable
procurement compliance year, as specified by 14 CCR Section 18993,1(f)(4):
1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14 CCR
Section 17852(a)(12), that is permitted or authorized under 14 CCR
Division 7, other than a chipping and grinding operation or facility as
defined in 14 CCR Section 17852(a)(10);
ii. A transfer/processing facility or transfer/processing operation as defined in
14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or
authorized under 14 CCR Division 7; or,
iii. A solid waste landfill as defined in Public Resources Code Section 40195.1
that is permitted under 27 CCR Division 2,
2. Meet or exceed the physical contamination, maximum metal concentration, and
pathogen density standards for land application specified in 14 CCR Sections
17852(a)(24.5)(A)l through 3, as enforced by Los Altos Hills Municipal Code
Section 10-2.809
Q. "State" means the State of California.
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R. "WELO" means the Town's Water Efficient Landscaping Ordinance Code Section 10-
2.809 of the Los Altos Hills Municipal Code,
SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT
3.1 Procurement Target
A. Town will annually procure for use or giveaway a quantity of Recovered Organic Waste
Products that meets or exceeds its Amival Recovered Organic Waste Product Procurement
Target through the implementation of Sections 3 through 5 of this Policy. The Annual
Recovered Organic Waste Product Procurement Target shall be calculated by multiplying
the per capita procurement target, which shall be 0.08 tons of Organic Waste per California
resident per year, times the City's residential population using the most recent annual data
reported by the California Department of Finance. The City Manager or his/her designee
shall be responsible to track annual notices from CalRecycle regarding the City's Annual
Recovered Organic Waste Product Procurement Target, which would either be delivered
directly to the City or posted on CalRecycle website.
B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target,
the Town may procure the following products (provided that each product meets the criteria
included in their respective definition in Section 2 of this Policy):
SB 1383 eligible Compost (as defined in Section 2.13).
2. SB 1383 Eligible Mulch (as defined in Section 2.R).
3.2 Requirements for Town Departments
A. Compost and SB 1383 Eligible Mulch procurement. Divisions and departments responsible
for landscaping maintenance, renovation, or construction shall:
Use Compost and SB 1383 Eligible Mulch produced from recovered Organic
Waste, as defined in Section 2.13 and 2.R of this Policy, for landscaping
maintenance, renovation, or construction, as practicable, whenever available, and
capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch
used for land application must meet or exceed the physical contamination,
maximum metal concentration and pathogen density standards specified in 14 CCR
Section 17852(a)(24.5)(A)(1) through (3).
2. When Town uses Compost and SB 1383 Eligible Mulch and the applications are
subject to the Town's Water Efficient Landscaping Ordinance (WELD), pursuant
to Los Altos Hills Municipal Code Section 10-2.809, comply with one of the
following, whichever is more stringent, (i) the Town's WELO, Los Altos Hills
Municipal Code Section 10-2.809, if more stringent than the State's Model Water
Efficient Landscape Ordinance (MWELO), or (ii) Sections 492.6 (a)(3)(B), (C),
(D), and (G) of the State's Model Water Efficient Landscape Ordinance, Title 23,
Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which
requires the submittal of a landscape design plan with a "Soil Preparation, Mulch,
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and Amendments Section" to include the following:
a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards
per 1,000 square feet of permeable area shall be incorporated to a depth of
six (6) inches into the soil. Soils with greater than six percent (6%) organic
matter in the top six (6) inches of soil are exempt from adding Compost and
tilling.
b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil
surfaces of planting areas except in turf areas, creeping or rooting
groundcovers, or direct seeding applications where mulch is
contraindicated. To provide habitat for beneficial insects and other wildlife,
leave up to five percent (5%) of the landscape area without mulch.
Designated insect habitat must be included in the landscape design plan as
such.
C. Procure organic mulch materials made from recycled or post -consumer
materials rather than inorganic materials or virgin forest products unless the
recycled post -consumer organic products are not locally available. Organic
mulches are not required where prohibited by local Fuel Modification Plan
Guidelines or other applicable local ordinances.
d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that
meets or exceeds the physical contamination, maximum metal
concentration, and pathogen density standards for land applications
specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
3. Keep records, including invoices or proof of Recovered Organic Waste Product
procurement (either through purchase or acquisition), and submit records to the
Recordkeeping Designee, upon completion of project.
Records shall include:
a. General procurement records, including:
(i) General description of how and where the product was used, and
applied, if applicable;
(ii) Source of product, including name, physical location, and contact
information for each entity, operation, or facility from whom the
Recovered Organic Waste Products were procured;
(iii) Type of product;
(iv) Quantity of each product; and,
(v) Invoice or other record demonstrating purchase or procurement.
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b. For Compost and SB 1383 Eligible Mulch provided to residents through
giveaway events or other types of distribution methods, keep records of the
Compost and SB 1383 Eligible Mulch provided to residents. Records shall
be maintained and submitted to the Recordkeeping Designee in accordance
with the requirements specified in Section 3.2.A.3.
C. For procurement of SB 1383 Eligible Mulch, maintain an updated copy of
the ordinance or enforceable mechanism(s) requiring that the mulch
procured by the Town or Direct Service Provider meets the land application
standards specified in 14 CCR Section 18993, 1, as it may be amended. from
time to time, as currently reflected in Los Altos Hills Municipal Code
Section 10-2.809.
4. When Procurement of Recovered Organic Waste Products occurs through a Direct
Service Provider, enter into a written contract or agreement or execute a purchase
order with enforceable provisions that includes: (i) definitions and specifications
for SB 1383 Eligible Mulch or Compost,; and, (ii) an enforcement mechanism (e.g.,
termination, liquidated damages) in the event the Direct Service Provider is not
compliant with the requirements.
3.3 Requirements for Direct Service Providers
A. Direct Service Providers of landscaping maintenance, renovation, and construction shall:
Use Compost and SB 13 83 Eligible Mulch, as practicable, produced from recovered
Organic Waste, as defined in Section 2.13 and 2.R of this Policy, for all landscaping
renovations, construction, or maintenance performed for the Town, whenever
available, and capable of meeting quality standards and criteria specified. SB 1383
Eligible Mulch used for land application shall comply with 14 CCR, Division 7,
Chapter 12, Article 12 and must meet or exceed the physical contamination,
maximum metal concentration and pathogen density standards specified in 14 CCR
Section 17852(a)(24.5)(A)(1) through (3).
2. If Direct Service Provider is subject to the Town's WELO, comply with one of the
following, whichever is more stringent: (i) the locally -adopted WELO that is more
stringent than the State's MWELO, or (ii) Sections 492.6 (a)(3)(B), (C), (D), and
(G) of the State's MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as
amended September 15, 2015, which requires the submittal of a landscape design
plan with a "Soil Preparation, Mulch, and Amendments Section" to include the
following:
a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards
per 1,000 square feet of permeable area shall be incorporated to a depth of
six (6) inches into the soil. Soils with greater than six percent (6%) organic
matter in the top six (6) inches of soil are exempt from adding Compost and
tilling.
b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil
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surfaces of planting areas except in turf areas, creeping or rooting
groundcovers, or direct seeding applications where mulch is
contraindicated. To provide habitat for beneficial insects and other wildlife,
leave up to five percent (5%) of the landscape area without mulch.
Designated insect habitat must be included in the landscape design plan as
such.
C. Procure organic mulch materials made from recycled or post -consumer
materials rather than inorganic materials or virgin forest products unless the
recycled post -consumer organic products are not locally available. Organic
mulches are not required where prohibited by local Fuel Modification Plan
Guidelines or other applicable local ordinances.
d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that
meets or exceeds the physical contamination, maximum metal
concentration, and pathogen density standards for land applications
specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
3. Keep and provide records of Procurement of Recovered Organic Waste Products
(either through purchase or acquisition) to Recordkeeping Designee, upon
completion of projects. Information to be provided shall include:
a. General description of how and where the product was used and if
applicable, applied;
b. Source of product, including name, physical location, and contact
information for each entity, operation, or facility from whom the Recovered
Organic Waste Products were procured;
C. Type of product;
d. Quantity of each product; and,
e. Invoice or other record demonstrating purchase or procurement.
B. Direct Service Provider of Organic Waste collection services shall:
Provide a specified quantity of Compost or SB 1383 Eligible Mulch to Town and
its customers via periodic "giveaways" as specified in a franchise agreement or
other agreement.
2. Keep and provide records to the Town including the following:
a. Dates provided
b. Source of product including name, physical location and contact
information for each entity, operation or facility from whom the Recovered
Organic Waste Products were procured;
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C. Type of product;
d. Quantity provided; and,
e. Invoice or other record or documentation demonstrating purchase,
procurement, or transfer of material to giveaway location.
SECTION 4. RECYCLED -CONTENT PAPER PROCUREMENT
4.1 Requirements for Town Departments
A. If fitness and quality of Recycled -Content Paper Products and Recycled -Content Printing
and Writing Paper are equal to that of non -recycled items, all departments and divisions of
Town shall purchase Recycled -Content Paper Products and Recycled -Content Printing and
Writing Paper (rather than non -recycled items) that consists of at least thirty percent (30%),
by fiber weight, postconsumer fiber, consistent with the requirements of the Public
Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.
B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an
unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section
260.12 (2013).
C. Provide records to the Recordlceeping Designee of all Paper Products and Printing and
Writing Paper purchases within thirty (30) days of the purchase (both recycled -content and
non -recycled content, if any is purchased) made by a division or department or employee
of the Town. Records shall include a copy of the invoice or other documentation of
purchase, written certifications as required in Section 4.2.A.3-4 for recycled -content
purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled
content (including products that contain none), and if non -Recycled -Content Paper
Products and/or non -Recycled -Content Printing and Writing Paper are provided, include a
description of why Recycled -Content Paper Products and/or Recycled -Content Printing
and Writing Paper were not provided.
4.2 Requirements for Vendors
A. All vendors that provide Paper Products (including janitorial Paper Products) and Printing
and Writing Paper to Town shall:
1. Provide Recycled -Content Paper Products and Recycled -Content Printing and
Writing Paper that consists of at least thirty percent (30%), by fiber weight,
postconsumer fiber, if fitness and quality are equal to that of non -recycled item.
2. Only provide Paper Products and Printing and Writing Papers that meet Federal
Trade Commission Recyclability standard as defined in Title 16 Code of Federal
Regulations Section 260.12 (2013).
3. Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing Paper
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offered or sold to the Town. This certification requirement may be waived if the
percentage of postconsumer material in the Paper Products, Printing and Writing
Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer
or vendor internet website.
4. Certify in writing, under penalty of perjury, that the Paper Products and Printing
and Writing Paper offered or sold to the Town is eligible to be labeled with an
unqualified recyclable label as defined in Title 16 Code of Federal Regulations
Section 260.12 (2013).
5. Provide records to the Recordlceeping Designee of all Paper Products and Printing
and Writing Paper purchased from the vendor within thirty (30) days of the
purchase (both recycled -content and non -recycled content, if any is purchased)
made by a division or department or employee of the Town. Records shall include
a copy of the invoice or other documentation of purchase, written certifications as
required in Section 4.2.A.3-4 for recycled -content purchases, purchaser name,
quantity purchased, date purchased, and recycled content (including products that
contain none), and if non -Recycled -Content Paper Products and/or non- Recycled -
Content Printing and Writing Paper are provided, include a description of why
Recycled -Content Paper Products and/or Recycled -Content Printing and Writing
Paper were not provided.
B. All vendors providing printing services to the Town via a printing contract or written
agreement, shall use Printing and Writing Paper that consists of at least thirty percent
(30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code
Section 12209.
SECTION 5. RECORDKEEPING RESPONSIBILITIES
A. The City Manager or his/her designee will be the Recordkeeping Designee that will be
responsible for obtaining records pertaining to Procurement of Recovered Organic Waste
Products and Recycled -Content Paper Products and Recycled -Content Printing and
Writing Paper.
B. The Recordlceeping Designee will do the following to track Procurement of Recovered
Organic Waste Products, Recycled -Content Paper Products, and Recycled -Content
Printing and Writing Paper:
1. Collect and collate copies of invoices or receipts (paper or electronic) or other proof
of purchase that describe the procurement of Printing and Writing Paper and Paper
Products, including the volume and type of all paper purchases; and, copies of
certifications and other required verifications from all departments and/or divisions
procuring Paper Products and Printing and Writing Paper (whether or not they
contain recycled content) and/or from the vendors providing Printing and Writing
Paper and Paper Products. These records must be kept as part of Town's
documentation of its compliance with 14 CCR Section 18993.3.
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2. Collect and collate copies of invoices or receipts or documentation evidencing
procurement from all departments and divisions procuring Recovered Organic
Waste Products and invoices or similar records from vendors/contractors/others
procuring Recovered Organic Waste Products on behalf of the Town to develop
evidence of Town meeting its Annual Recovered Organic Waste Product
Procurement Target. These records must be kept as part of the Town's
documentation of its compliance with 14 CCR Section 18993.1.
3. Collect, collate, and maintain documentation submitted by the Town, Direct
Service Providers, and/or vendors, including the information reported to the
Recordkeeping Designee in accordance with Sections 3.2.A.3, 3.2.13.2, 3.2.C.2,
3.3.A.3, 3.3.13.2, 3.3.C.3, 4.1.C, and 4.2.A.5.
4. Compile an annual report on the Town's direct procurement, and vendor/ether
procurement on behalf of the Town, of Recovered Organic Waste Products,
Recycled -Content Paper Products, and Recycled -Content Printing and Writing
Paper, consistent with the recordkeeping requirements contained in 14 CCR
Section 18993.2 for the Annual Recovered Organic Waste Product Procurement
Target and 14 CCR Section 18993.4 for Recycled -Content Paper Products and
Recycled -Content Printing and Writing Paper procurement. This report shad -be
made available to the Town's responsible entity for compiling the annual report to
be submitted to CalRecycle (which will include a description of compliancy; on
many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7,
Chapter 12, Article 13. The procurement report shall also be shared with the City
Council annually as evidence of implementing this Policy.
SECTION 6. EFFECTIVE DATE OF POLICY
This Policy shall go into effect immediately upon its adoption.
5043646.1
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