A. 
The city may adopt standards that are more stringent than those contained in this chapter, except as limited by subsection B of this section.
B. 
The city shall not implement or enforce an ordinance, policy, procedure, permit, condition, or initiative that includes provisions which do any of the following:
1. 
Prohibit, or otherwise unreasonably limit or restrict, the lawful processing and recovery of organic waste through a method identified in Part 2 of this chapter.
2. 
Limit a particular solid waste facility operation, property, or activity from accepting organic waste imported from outside the city for processing or recovery.
3. 
Limit the export of organic waste to a facility, operation, property or activity outside of the city that recovers the organic waste through a method identified in Part 2 of this chapter.
4. 
Require a generator or a hauler to transport organic waste to a solid waste facility or operation that does not process or recover organic waste.
5. 
Require a generator to use an organic waste collection service or combination of services that do not recover at least the same types of organic waste recovered by a service the generator previously had in place.
C. 
This section does not do any of the following:
1. 
Require a solid waste facility or operation to accept organic waste that does not meet the quality standards established by the solid waste facility or operation.
2. 
Prohibit the city from arranging with a solid waste facility or operation to guarantee permitted capacity for organic waste from the city.
3. 
Supersede or otherwise affect the city's land use authority, including without limitation planning, zoning, and permitting, or an ordinance lawfully adopted pursuant to that land use authority consistent with this section.
4. 
Prohibit the city from arranging, through a contract or franchise, for a hauler to transport organic waste to a particular solid waste facility or operation for processing or recovery.
5. 
Exempt the city or any generator or hauler from compliance with (a) Division 4.5 of Title 22 of the California Code of Regulations relative to the proper handling of hazardous or universal waste, or (b) Title 3, Section 1180.48 of the California Code of Regulations relative to disposal of parts and products of animals not intended for use as human food.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18990.1.
A. 
The city shall not implement or enforce an ordinance, policy, or procedure that prohibits the ability of a generator, food recovery organization, or food recovery service to recover edible food that could be recovered for human consumption.
B. 
Nothing in this chapter shall be construed to limit or conflict with the provisions of the California Good Samaritan Food Donation Act of 2017. Specifically:
1. 
Nothing in this chapter shall be construed to limit the amount or types of foods that may be donated under that Act.
2. 
Nothing in this chapter shall be construed to limit the ability of a person, gleaner or food facility to donate food as provided for in Sections 114432 and 114433 of the Health and Safety Code.
3. 
Nothing in this chapter shall be construed to reduce the immunities provided by that Act as specified in Section 114434 of the Health and Safety Code.
C. 
Nothing in this chapter prohibits a food recovery service or organization from refusing to accept edible food from a commercial edible food generator.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18990.2.