This presentation will provide an overview of how municipal and hauler staff can use commonly collected hauler data to assess progress towards, and compliance with, diversion mandates – especially reduced disposal of organics as required by SB 1383. The presentation will benefit both those with more limited experience with, or interest in quantitative analysis, as well as those with interest in sophisticated analysis and more complex, graphic presentation of data.
Municipal and hauler staff will gain insight into how to use tonnage, service subscription, and demographic data to help assess, for instance, if multi-family and commercial customers have adequate discard stream capacity, or assess over-time how effectively materials are shifting from the black cart, to the green and blue cart across the community as well as within geographic sub-groups. The presentation will provide examples of how to best graphically convey this type of data to decision makers in a clear and concise manner.
SB 1383 allows counties and cities with low-population areas to apply for one of three types of waivers/exemptions. CalRecycle has included these waivers/exemptions recognizing the unusually high cost of providing organics recovery programs to residents and businesses in rural or remote areas. The map above illustrates regions of the state that may qualify for such waivers or exemptions. At first glance, it may look like most of the state may qualify for an SB 1383 exemption or waiver but, in fact, our preliminary analysis indicates that 96% of the state’s population must comply with the current draft of SB 1383 (released in May 2018).
Each low-population exemption and waiver is described below.
Census Tract Waivers (blue regions of map)
Counties can apply for low-population waivers for census tracts in unincorporated portions of county area. Qualifying census tracts must have a population density of less than 50 people per square mile[1]. Mirroring CalRecycle’s preliminary analysis, we used data from the 2010 U.S. Census[2] to determine which census tracts fall into this category. We discovered that over 300 census tracts do, accounting for 2% of the state population. But it is important to note that the number of census tracts that fall under this waiver may decrease when 2020 census data is used for this analysis, due to population increases. Census tract waivers are valid for up to two years, at which point a county can reapply for another waiver if the population densities still meet the mandatory threshold.
Rural County Exemptions (green regions of map)
Counties that qualify as a rural county may apply for an exemption. This type of exemption is common in California solid waste regulations due to the unusually high cost of providing service to generators in these areas. For a county to be considered a rural jurisdiction, it must have a population of less than 70,000 people. Based on 2010 U.S. Census data, 19 counties qualify for this exemption. The regulations do not explicitly state whether cities located in rural counties are also covered under the rural exemption; however, similar rural exemptions issued by CalRecycle have extended these rural exemptions to cities located within such rural counties. Rural exemptions are valid until January 1, 2025, or until 5 years after CalRecycle determines that the state’s 50% organics reduction goal (target year 2020) has not been met, whichever comes later.
City Waivers (red regions of map)
Lastly, cities can acquire a low-population waiver if they meet two criteria: 1) they must have disposed of less than 5,000 tons in 2014 (based on the State Disposal Reporting System); and, 2) they must have had a population of less than 5,000 people (based on U.S. Census data). For our preliminary analysis, we used population data from 2014 to determine which cities qualify for such waivers. We determined that 20 cities, listed below, may qualify for a low-population waiver; 3 of these cities fall into a county that qualifies for a rural exemption. Waivers issued to cities are valid for up to two years at which point a city must reapply for another waiver. It will be approved only if both disposal and population thresholds are met.
Blue Lake
Maricopa
Rolling Hills
Buellton
Monte Sereno
San Joaquin
Colma
Nevada City
Sand City
Del Rey Oaks
Point Arena
Sonora
Ferndale
Portola
Trinidad
Isleton
Portola Valley
Willits
Lakeport
Rio Dell
[1] Section 30.12.a.2 of SB 1383 May 2018 draft regulations
Checkout a quick one-minute recap of our Oakland Summit…
What a summit! Questions were answered, connections were made, and, in Oakland, there was lots of confetti. It just so happened that the Warriors’ championship parade fell on the same day as our NorCal SB 1383 Summit. Roughly a million people poured into the streets – but that didn’t stop dozens of local agencies from attending our Oakland Summit. Dozens more attended the SoCal Summit in Long Beach.
Both events started with remarks from CalRecycle representatives. They provided a high-level summary of SB 1383, noting the legislation’s three primary targets with respect to organic waste: 1) 50% organic waste reduction by 2020, 2) 75% organic waste reduction by 2025, and 3) a 20% increase in edible food recovery.
Next, members of the HF&H team took turns diving into the details of SB 1383, beginning with collection requirements. The legislation requires jurisdictions to provide one of three collection options to generators, as described in the table below. It is important to note that SB 1383 relies on minimum program standards rather than jurisdiction-specific mandates required under AB 939.
SB 1383 Collection Options to Fit All
System
Green Cart
Blue Cart
Black Cart
Split-Cart
Additional Cart or Bagged Organics
3-container
Organic waste; deliver to facility that recovers source-separated organics
Paper, cardboard, wood, and nonorganic recyclables; deliver to recovery facility
Non-organic waste; may be used for organic waste if materials processed at high diversion organic waste processing facility
Allowable for further separation of organic waste
Additional cart for organics allowed
2-container
Organic waste; deliver to facility that recovers source-separated organics
Paper, cardboard, wood, recyclables, and non-organic waste; deliver to high diversion organic waste processing facility
N/A
Allowable for further separation of organic waste
Additional cart for organics allowed
1-container
N/A
N/A
All waste; deliver to high diversion organic waste processing facility
N/A
Bagged organics allowed in black cart
As you can imagine, the organics infrastructure needed to support SB 1383 is substantial. HF&H president Rob Hilton estimates that SB 1383 will generate 17.2 million tons of additional organics waste, which will require roughly 245 NEW processing facilities (at 70,000 TPY average). Each of those facilities is estimated to cost anywhere from $6M to $100M, and may take 3 to 5 years from conception to operation.
One requirement that makes SB 1383 stand out from previous organics-focused legislation, is the edible food recovery component. Under the current SB 1383 draft regulations, certain edible food generators (categorized as Tier 1 or Tier 2 generators) must recover edible food that would otherwise be disposed. They must do this by contracting with food recovery services or organizations, or self-haul the edible food to organizations that will accept it. And that’s not all… jurisdictions are required, among other things, to educate Tier 1 and Tier 2 edible food generators, monitor compliance, and increase edible food recovery capacity, if needed.
Other pieces of SB 1383 covered at the summit included enforcement and recordkeeping. Virtually all sections of the new draft regulations include some type of recordkeeping requirement. In addition to having to keep records readily available to CalRecycle in an “Implementation Record,” jurisdictions are also required to submit an initial compliance report before they begin submitting annual reports to CalRecycle. Failure to maintain these records and report to CalRecycle has a minimum penalty of $500 per day. And that’s just the tip of the enforcement iceberg.
The draft regulations list more than 80 violations that can be handed down to jurisdictions, generators, property and business owners, edible food generators, food recovery organizations, and haulers. Most of the enforcement authority lies with CalRecycle, but jurisdictions are also expected to enforce SB 1383 requirements on generators. Overall, fines range from $50 per violation to $10,000 per day. While the legislation has teeth, note that there is a compliance process before fines are issued.
HF&H covered much more at the summit, including tips for implementation, funding strategies, and waivers and exemptions. We also distributed an SB 1383 checklist specifically for jurisdictions. If you would like a copy, give us a call! If you’d like to be subscribed to HF&H’s email list in order to receive our legislative updates and notification of future workshops, please send an email to Kim Erwin at kim@hfh-consultants.com with the subject “Subscribe”. Please note that these items are available to California local government agencies only.
CRRA 2018 42nd Annual Sea Change Conference, Oakland (July 26-29, 2018)
Presenter: Rob Hilton, President
SB 1383 was adopted in September 2016 and CalRecycle has stated that these requirements are as significant as AB 939 (or maybe more so). HF&H has been working with CalRecycle staff through the informal workshop and stakeholder process as well as through one-on-one meetings to understand and influence the requirements facing local government, facility operators, and haulers. In addition, we have been working with local agencies and their contractors throughout the state to develop contracts, programs, and compensation mechanisms that anticipate these requirements. From this work, we have a unique “crystal ball” view of what local agencies will need to consider, how they will need to arrange services, what it will take to fund the obligations, and how agencies of various sizes and staffing levels will perform the significant new requirements.
This presentation will:
Educate the audience on the schedule, scope, and depth of the various programmatic, educational, reporting, and enforcement requirements of SB 1383. This portion of the presentation will include the most recent available information from CalRecycle’s rulemaking process.
Describe how these requirements significantly exceed the current standard of AB 939 by expanding on the reporting, prescribing program solutions (rather than granting broad discretion to each agency), and extending down to the level of generator enforcement.
Detail the various elements required for compliance by jurisdictions, haulers, processors, and generators.
Illustrate several potential approaches to achieving and exceeding compliance, using case studies from California communities who have already established the programs, services, contractual provisions, and enforcement approaches to meet the goal.
Discuss potential funding options and approaches being used by local agencies today that will be necessary to establish the necessary infrastructure for success.
Highlight the most significant issues facing communities around the state and identify the critical path items that each agency should start working on today so that they can be prepared for 2022.
SWANA 2018 Western Region Symposium, Palm Springs (May 24, 2018)
Presenter: Haley Kunert, Associate Analyst
The presentation will present examples of commercial organics programs implemented in California. These programs are a response to the State’s mandatory commercial organics law which became effective in 2016. Covered in the presentation will be collection methods, processing methods, rate structures, participation levels and effective public education and outreach to meet the requirements of AB 1826.
Many jurisdictions are still evaluating the different types of commercial organics programs that could be implemented, including various collection and processing methods with final destinations such as composting or anaerobic digestion. The presentation will explore some of the current paths that organic waste is following and potential future opportunities.
We will describe into the different types of rate structures used, such as stand-alone commercial organics rates that are much higher than trash rates, reduced organics rates that are offset by higher trash rates, or “free” programs with no extra charges for an organics container. We have analyzed how rate structures impact customer participation in the commercial organics programs.
The final piece to a successful organics program is public education and reporting it to your CalRecycle representative. Simply notifying businesses and multi-family complexes of the legislation is not enough to be in compliance. We will describe some of CalRecycle’s required outreach with ways to be in compliance with the reporting and outreach portion of AB 1826.
WasteExpo 2018, Las Vegas, NV (April 2018)
Presenter: Laith Ezzet, Sr. Vice President
Content
The presentation will present examples of commercial organics programs implemented in California in response to the State’s mandatory commercial organics law which became effective in 2016, including collection methods, processing methods, rate structures, and participation levels.
Attendees will learn:
Different types of commercial organics programs implemented, including collection and processing methods such as composting and anaerobic digestion
Different types of rate structures used, such as stand-alone commercial organics rates that are much higher than trash rates, and reduced organics rates that are offset by higher trash rates
Levels of customer participation achieved in cities with various rate structures, and the percentage of commercial waste being diverted by the commercial organics programs.
About the Speaker
Laith Ezzet has over 25 years of experience as a solid waste and recycling consultant. He has negotiated solid waste contracts with a combined value of over two billion dollars. He is a member of the Board of Directors for the Southern California chapter of SWANA, and previously served on the Board for the California Resource Recovery Association. He has presented papers at 29 industry events such as SWANA symposiums and workshops, Waste Expo, CRRA, WASTECON, SCWMF, California League of Cities, and other industry organizations.
The Local Government Summit will cover the topics below. We will identify SB 1383 requirements, compliance strategies, and example approaches implemented by agencies.
SB 1383 Introduction – Goals, Objectives, Highlights, and Penalties for Non-Compliance
Collection Programs – Requirements, program options, mandatory ordinance, contamination monitoring
Edible Food Recovery – Requirements, example compliance options, capacity planning
Enforcement – Requirements for generators, haulers, self-haulers, food recovery organizations; example program
Ordinances and Policy Changes – Requirements for mandatory ordinances/polices for organics recycling program participation, hauler regulation, self-haul compliance, edible food recovery, C&D recycling, market development, and procurement
Potential Hauler System and Contractual Impacts – Consideration of arrangements with franchise haulers, permitted haulers, processors, and landfill operators
Education and Outreach – Requirements plus other education needed to support changes to programs and policies
Market Development and Procurement – Requirements and updates on recycling and organics markets
Costs and Funding Strategies – Potential cost impacts and funding options
Other Noteworthy Topics We Won’t Have Time to Cover – Other organics; infrastructure capacity planning; reporting; other generators jurisdictions do not need to regulate (school districts, charter schools, county offices of education, federal facilities, state facilities, special districts); and, solid waste facility regulations and reporting
Please join HF&H Consultants at our free SB 1383 Local Government Summit to learn about the biggest regulatory change to impact the solid waste industry in decades! Get up to speed on what your agency needs to do to achieve compliance.
A major component of SB 1383 is reducing statewide methane emissions through reduced landfilling of organic waste. The legislation expands the definition of organic waste (to include yard trimmings, food scraps, paper, wood, and more) and has more prescriptive program requirements than AB 939. CalRecycle just released the second version of the draft regulations, and the jurisdictional program requirements are extensive. The details will be discussed during our SB 1383 Local Government Summit.
What to expect at the Summit:
SB 1383 “101” – Get briefed on the basics of SB 1383, also known as the Short-lived Climate Pollutants: Organic Waste Methane Emissions Reduction legislation.
What SB 1383 Means for You – Take a closer look at the compliance requirements.
Pathways to Compliance – Explore program approaches, timelines, and funding strategies.
Learn from Others – Hear from leading agencies with mature organics recovery and enforcement programs.
Join the Conversation – Spend some social time with colleagues to discuss SB 1383.
This is a FREE workshop and space is limited. Click the link above to register today!
If you have specific questions you’d like answered at the Summit or would like more information, please contact Kim Erwin at Kim@hfh-consultants.com or (925) 977-6960.
We are excited to inform you that Rob Hilton will assume the role of President of HF&H Consultants effective January 1.
Rob takes the reins from co-founder and President Bob Hilton, who will retire from client consulting in March but remains a firm owner and member of the Board. HF&H is extremely grateful to Bob for his vision and leadership over the last three decades, a period of success for the HF&H team, its service partners and, most critically, its clients.
We believe consistency – over time – in the president’s role has been helpful in maintaining focus on our mission, strategic direction and firm values. We also recognize the need to adapt to changes and develop new approaches to what we do and how we do it. Therefore, the partners decided a generational shift in leadership is appropriate at this time.
Like all our partners, Rob has a passion of helping public agencies achieve their vision of a sustainable future through successful solid waste, water and waste water services. We are confident Rob will guide the firm to preserve our mission and core values, deliver exceptional service to our clients, continue the collaborative work culture that distinguishes HF&H, and lead the firm through its next levels of growth and development.
If you don’t yet know Rob, we are hopeful that you will have an opportunity to connect directly in the year ahead. Since joining HF&H Consultants more than 15 years ago, he has handled nearly 300 projects for more than 100 public agencies. Rob has assisted communities throughout the state in the process of developing strategic plans to achieve their high diversion or zero waste goals and supports more than a dozen communities each year in procuring and negotiating their solid waste collection, processing and/or disposal contracts – all services under increasing environmental and rate pressure.
A frequent speaker on topics related to sustainable funding mechanisms, recycling, organics infrastructure development and related-legislation, Rob has also served as the President of the California Resource Recovery Association (CRRA) from 2014-2017. He holds a degree in political science and public administration from the University of California, Davis.
We look forward to an exciting 2018 for HF&H Consultants and for all our clients, colleagues and friends!
CRRA 2017 Annual Tradeshow & Conference, San Diego, CA (August 20-23, 2017) Presenter: April Hilario, Senior Associate
Want to get the most educational bang out of your used oil grant buck? This presentation will examine cost-effective advertising strategies that you can use to develop or improve your used oil grant program. We’ll also review the advertising strategies and successful results from the Coachella Valley Association of Governments‘ Used Oil Program.
HF&H Consultants has assisted the Coachella Valley Association of Governments (CVAG) in managing the Used Oil Filter Exchange Program for its eight participating cities since 2006. HF&H is responsible for developing advertising strategies, organizing and staffing used oil filter exchange events, ordering promotional items, conducting certified center site inspections, and preparing the Oil Payment Program application and annual report.
The success of CVAG’s Used Oil Filter Exchange Program can be measured by the dramatic increase in event participation and sustained behavioral change. Through innovative advertising techniques and community based social marketing strategies developed by HF&H, CVAG has seen a 400% increase in filters recycled during the used oil filter exchange events since the start of the program. CVAG has also seen a 900% increase in used oil filters recycled on an ongoing basis at certified used oil collection centers.
