AGRICULTURAL ADVISORY COMMITTEE CHUCK MOORE, CHAIR GERRY BEEMILLER LARRY GOSSELIN CLAYTON KOOPMANN, VICE CHAIR JACK NORTON MILLIE KIMBRO BRANDON BATTEATE KAREN SWEET CHUK CAMPOS KARL WENTE EX OFFICIO: CATHY ROACHE, ELKE RANK, DAVID NAJARIAN KATELYN SILVA LIZ MCELLIGOTT, SHEILA BARRY, ROB BENNATON DARREL SWEET KATHERINE BOXER STAFF: MARIA PALMERI, JAZMIN SANCHEZ A SIGN LANGUAGE INTERPRETER MAY BE AVAILABLE UPON FIVE WORKING DAYS’ NOTICE. THE AGRICULTURAL ADVISORY COMMITTEE MEETS QUARTERLY ON THE 4 TH TUESDAY OF JANUARY, APRIL, JULY AND OCTOBER AT 3PM, UNLESS OTHERWISE NOTICED. ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY P LANNING D EPARTMENT CHRIS BAZAR ALBERT LOPEZ AGENCY DIRECTOR DEPARTMENT DIRECTOR 224 W. WINTON AVE. ROOM 111, HAYWARD, CA 94544 P. 510-670-5400 F. 510-785-8793 ACGOV.ORG/CDA **************** DUE TO THE COVID-19 PANDEMIC, THIS IS A VIRTUAL MEETING USING THE “ZOOM WEBINAR” PLATFORM. MEMBERS OF THE PUBLIC WANTING TO ATTEND THIS MEETING AND SPEAK ON AN AGENDA ITEM CAN FIND OUT HOW TO DO SO BY REFERENCING THE COUNTY’S TELECONFERENCING GUIDELINES POSTED ON-LINE AT: http://acgov.org/cda/planning/documents/TeleconferencingGuidelinesforPublicHearings.pdf AT THE NOTICED DATE AND TIME LISTED ABOVE THE ZOOM WEBINAR IS ACCESSIBLE AT THIS WEB ADDRESS: https://us02web.zoom.us/j/87306671346 BY PHONE ONLY: (669) 900-9128 or (253) 215 8782 WEBINAR ID# 873 0667 1346 **************** 1. Call to Order 2. Roll Call 3. Approval of minutes – June 22, 2021 4. Open Forum – Any member of the public may address the committee on a matter not on the regular agenda. No discussion or action may be taken on these items (two-minute time limit). 5. Review of Applications for the new Urban Agriculture committee position (continued from June 22, 2021 meeting) – Action Item 6. Update on ballot measure to increase Floor Area Ratio requirements for agricultural buildings in LPA designation and allow additional square footage for covered equestrian arenas. 7. Update on draft solar policies and mapping project for rural East County 8. Organics Recycling Service Requirement to Implement SB 1383-The Short-Lived Climate Pollutants Reduction Act – Action Item Tuesday, August 31, 2021 Special Meeting Agenda – 3:00 pm – 5:30pm Virtual meeting only – no public attendance Only items on the agenda may be acted upon. Open Forum is available for anyone wishing to speak on an item not listed on the agenda. Each speaker may be limited to three minutes.
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AGRICULTURAL ADVISORY COMMITTEE
CHUCK MOORE, CHAIR GERRY BEEMILLER LARRY GOSSELIN
CLAYTON KOOPMANN, VICE CHAIR JACK NORTON MILLIE KIMBRO
BRANDON BATTEATE KAREN SWEET
CHUK CAMPOS KARL WENTE EX OFFICIO: CATHY ROACHE, ELKE RANK,
DAVID NAJARIAN KATELYN SILVA LIZ MCELLIGOTT, SHEILA BARRY, ROB BENNATON
DARREL SWEET KATHERINE BOXER STAFF: MARIA PALMERI, JAZMIN SANCHEZ
A SIGN LANGUAGE INTERPRETER MAY BE AVAILABLE UPON FIVE WORKING DAYS’ NOTICE. THE AGRICULTURAL ADVISORY
COMMITTEE MEETS QUARTERLY ON THE 4TH
TUESDAY OF JANUARY, APRIL, JULY AND OCTOBER AT 3PM, UNLESS OTHERWISE
NOTICED.
ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY
P L A N N I N G D E P A R T M E N T
CHRIS BAZAR ALBERT LOPEZ
AGENCY DIRECTOR DEPARTMENT DIRECTOR
224 W. WINTON AVE. ROOM 111, HAYWARD, CA 94544 P. 510-670-5400 F. 510-785-8793
ACGOV.ORG/CDA
****************
DUE TO THE COVID-19 PANDEMIC, THIS IS A VIRTUAL MEETING USING THE
“ZOOM WEBINAR” PLATFORM. MEMBERS OF THE PUBLIC WANTING TO
ATTEND THIS MEETING AND SPEAK ON AN AGENDA ITEM CAN FIND OUT
HOW TO DO SO BY REFERENCING THE COUNTY’S TELECONFERENCING
• CDA – Planning is responsible for facilitating organics collection services for all residents and
businesses in unincorporated areas outside of the service areas of the Castro Valley Sanitary District
(CVSan) and Oro Loma Sanitary District (OLSD) which serve the urban unincorporated areas. • GSA – Office of Sustainability is responsible for procurement of recyclable and recovered organic
products to fulfill targets based on the unincorporated population, including the populations served
by the sanitary districts. • HCSA – Department of Environmental Health is working with StopWaste and its Member
Agencies to conduct inspections and assist with education on a countywide edible food recovery
program at retail food facilities (restaurants, supermarkets, etc.) that it currently permits. • Each department is responsible for education and outreach. • Each department is responsible for monitoring compliance and conducting enforcement in its own
compliance area.
• StopWaste is researching necessary steps to secure access to recycling and edible food recovery
capacity countywide.
Implementation activities in all six of these areas must begin by January 1, 2022. The State has the authority
to take enforcement actions against local jurisdictions on that date. However, for the first two years,
compliance and monitoring by the County will include education rather than enforcement action against
noncompliant organic waste generators (households and businesses). Jurisdictions will be required to begin
taking enforcement action against generators in 2024.
Ordinance Adoption
Jurisdictions must adopt an enforceable ordinance or similar mechanism to achieve local compliance with
SB 1383 by January 1, 2022, but jurisdictions are not required to enforce the ordinance until 2024. The
regulations allow 2 years for education and compliance, with a goal of ensuring that every generator has an
opportunity to comply before mandatory enforcement comes into effect in 2024.
StopWaste adopted a countywide ordinance to serve as the local ordinance for member agencies who
choose to opt into StopWaste’s ordinance. Planning staff has reviewed Stopwaste’s ordinance with the
Office of the County Counsel and recommends that the County adopt its own ordinance to provide greater
flexibility to revise the ordinance in the future to better address issues that arise that are unique to the
Unincorporated Area. Staff is in the process of drafting an ordinance that is largely based on StopWaste’s
ordinance but adapted to the needs of the Unincorporated Area. As required by state regulations, the
ordinance will contain requirements for:
• Single-family generators
• Commercial business generators including multi-family residential dwellings
• Waivers for commercial business generators
• Commercial edible food generators
• Food recovery organizations and services
• Regulated haulers and facility operators
• Self-haulers
• Inspections and investigations
• Enforcement
In addition to this AAC meeting, staff will present the organics recycling program and draft ordinance at
the September 15, 2021 Sunol Citizens’ Advisory Committee meeting and at a town hall meeting in the
East County as directed by Supervisor Haubert. The date for the townhall meeting has not been determined.
Staff will bring the ordinance, revised as appropriate to address public input, to the full Board of Supervisors
for first and second readings in October and November to meet the January 1, 2022 statutory deadline.
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Organic Waste Collection Services
Existing Solid Waste and Recycling Collection Services
The core requirement of the SB 1383 regulations is that jurisdictions must facilitate the provision of organic
waste collection service to all residents and businesses. Organic waste includes green waste, wood waste,
food waste, manure, and fibers. The regulations also require all residents and businesses to use an organic
waste recycling service that meets the regulatory requirements. Generators are not permitted to opt out of
receiving the provided service. Jurisdictions must have enforceable requirements for all haulers operating
within their boundaries and for commercial and residential generators and self-haulers in the jurisdiction.
This and other sections of the regulations also require a minimum level of recordkeeping and reporting to
CalRecycle.
CDA – Planning has been given responsibility for facilitating organics collection services to all residents
and businesses in the unincorporated area outside of the service area boundaries of the Castro Valley
Sanitary District (CVSan) and Oro Loma Sanitary District (OLSD). (Please see attached map.) CVSan
provides solid waste and recycling collection service to both the urban area and the rural Canyonlands of
Castro Valley. OLSD provides solid waste and recycling collection service to the remainder of the urban
unincorporated communities. As special districts that provide solid waste collection services, CVSan and
OLSD are considered “jurisdictions” under SB 1383 and are responsible for complying with SB 1383 within
their jurisdictional boundaries.
Unincorporated Livermore Area
A 2012 agreement between the County, the City of Livermore, and Livermore Sanitation, Inc (LSI) granted
LSI exclusive rights to provide solid waste and recycling services within a designated portion of the
Unincorporated Area surrounding the City of Livermore. This designated area consists of two geographic
areas: the Densely-Populated Area adjacent to the city boundary and the Rural Area further away from the
city boundary (see attached map). Single-family residences located in the Densely Populated Area receive
services that are identical to those provided to city residents, which include solid waste, recycling, and
organics collection. For single-family residences that subscribe to collection service in the Rural Area, LSI
provides weekly solid waste and recycling cart collection service, but no organics collection. Commercial
accounts in both the Densely Populated and Rural Areas receive solid waste, recycling, and organics
services comparable to the services provided to commercial accounts within the city. Subscribing to
collection service is currently voluntary and residents and businesses in the designated unincorporated area
may self-haul their waste if they wish to do so.
Remainder of the Unincorporated Area
Outside the service area of the two sanitary districts and the designated LSI service area, Alameda County
does not currently have regulatory or contractual authority to direct or control solid waste, recycling or
compostable material collection services. In these remainder areas, residents and businesses voluntarily
subscribe to the services provided by the local collection companies or self-haul their materials to a landfill
or recycling facility. Recycling and organics collection services are currently not available to all customers
who receive solid waste service. Most waste generators in Sunol and unincorporated areas near Pleasanton
subscribe to solid waste and recycling collection service from Pleasanton Garbage Service (PGS). Waste
generators in the remainder areas fall within the County’s jurisdiction for implementing SB 1383 and the
County will be responsible for compliance in these areas.
Negotiations with Haulers
Since mandatory organics collection service is not currently provided outside of the urban unincorporated
area, it will be necessary of the County to negotiate with haulers serving the rural Unincorporated Area to
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ensure service is provided in accordance with SB 1383 requirements. Staff will be contacting LSI and the
City of Livermore to discuss amendments to the existing agreement to add provisions to comply with SB
1383. Staff will also be contacting PGS to discuss a similar agreement for the provision of organics
collection service to the areas PGS currently serves. Staff will also assess how to provide service to areas
that are not currently served by a hauler.
Waivers
A few exceptions to the mandatory service requirement are allowed. The regulations permit the County to
grant “de minimis” waivers to commercial generators that produce negligible amounts of organic waste,
allowing them to opt out of subscribing to the service the County provides. A process will be established
to accept and review waiver requests. To qualify for a “de minimis” waiver, a commercial business must
demonstrate that:
1. The commercial business’ total solid waste collection service is two cubic yards or more per week
and organic waste subject to collection comprises less than 20 gallons per week of the business’
total waste.
2. The commercial business’ total solid waste collection service is less than two cubic yards per week
and organic waste subject to collection comprises less than 10 gallons per week of the business’
total waste.
SB 1383 also allows low population waivers for census tracts with a population density of less than 75
people per square mile. Preliminary calculations using 2010 census data indicate that a large census tract
east of the City of Livermore is likely to meet this density threshold. CalRecycle will confirm the census
tracts that are eligible for the waiver when 2020 census data is available.
Several counties, including Alameda County, are in discussions with CalRecycle regarding potential
exceptions to the mandatory service requirement for properties that do not qualify for de minimis or low
population waivers but are impractical to serve for other reasons, such as lack of access. Unincorporated
lands managed by “non-local entities” such as East Bay Regional Park District, San Francisco Public
Utilities Commission, East Bay Municipal Utilities District, CalTrans, and public school districts are under
State jurisdiction and are not subject to County oversight.
Self-Hauling
A jurisdiction may allow generators subject to its authority to self-haul their own organic waste if they
qualify for a waiver or other exception. Allowing self-hauling is not an alternative to the jurisdiction
providing organic waste collection services; instead, it permits jurisdictions to allow self-haulers to opt out
of the provided service. To allow self-hauling, a jurisdiction must comply with the following requirements
in the regulations:
• The jurisdiction’s SB 1383 ordinance must include enforceable language regulating self-haulers,
and information regarding self-hauling requirements must be included in education and outreach
materials.
• Self-haul generators are required to either 1) source separate all organic waste generated on site
and haul it to a solid waste facility that processes or recovers source-separated organic waste OR
2) haul organic waste to a high diversion organic waste processing facility.
• Self-haul generators must keep a record of the amount of organic waste delivered to each solid
waste facility; this record shall be subject to inspection by the jurisdiction.
o Residential self-haulers are exempt from this recording/reporting requirement.
o Food waste self-haulers are required to report to CalRecycle the tons of food waste diverted.
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Education and Outreach to Community
Upon implementation of the organic waste collection program, each jurisdiction must provide education
annually (can be electronic, print, or direct contact) to all organic waste generators, haulers, and other
impacted parties to inform them of the requirement to recycle organic waste.
Compliance Monitoring and Enforcement
By January 1, 2022, jurisdictions must have an enforcement mechanism, recordkeeping scheme, and
inspection program that includes:
• Annual compliance review of commercial businesses (including multi-family dwellings of five
units or more) that generate two or more cubic yards of solid waste per week, as likewise required
for commercial recycling by AB 1826.
• Annual route reviews for commercial and residential areas.
Jurisdictions are required to provide education for non-compliance at the household level or for businesses
if cross-contamination of the waste materials has occurred; jurisdictions may choose to conduct
enforcement action and assess penalties or charge contamination processing fees to generators, but this is
not required in the regulations. SB 1383 prescribes the following penalty levels:
• For a first violation, $50 to $100 per violation.
• For a second violation, $100 to $200 per violation.
• For a third or subsequent violation, $250 to $500 per violation.
Jurisdictions are also required to provide CalRecycle with compliance reporting for all sections of SB 1383
reporting requirements include an Implementation Record, an Initial Compliance Report, and Ongoing
Reporting.
Potential Penalties if the County Does Not Comply
Penalties for non-compliant jurisdictions depend on the severity of a violation. Violations are categorized
as “minor,” “moderate,” or “major” and have associated fees ranging from $500 to $10,000 per violation
per day. CalRecycle will focus on compliance assistance first and has discretion to not enforce.
Potential Impacts to Unincorporated Residents and Businesses
Since solid waste and recycling collection service is currently not mandatory in the unincorporated area
outside of CVSan’s and OLSD’s service areas, it is likely that some unincorporated residents and businesses
who currently self-haul their waste will be required to subscribe to collection services and incur the cost of
those services. Unincorporated residents and businesses who do currently have solid waste and recycling
service that does not include organics collection will be required to pay higher fees for the additional
service. Residents and businesses who do not comply with the new requirements may be subject to fines.
CONCLUSION
County staff will continue to work toward implementing the actions necessary to fulfill the County’s
obligations under SB 1383 to meet the January 1, 2022 statutory deadline. Staff will bring the ordinance,
revised as appropriate to address public input, to the full Board of Supervisors for first and second readings