A. 
Commencing January 1, 2022, the city shall annually procure a quantity of recovered organic waste products that meets or exceeds the city's current annual recovered organic waste product procurement target as determined by CalRecycle pursuant to 14 CCR Section 18993.1. Generally, that procurement target shall equal 0.08 tons of organic waste per resident of the city, but the exact target will be calculated by CalRecycle.
B. 
The city shall comply with subsection A of this section by doing one or both of the following:
1. 
Directly procuring recovered organic waste products for use or giveaway.
2. 
Requiring, through a written contract or agreement, that a direct service provider to the city procure recovered organic waste products and provide written documentation of such procurement to the city.
C. 
The recovered organic waste products that the city may procure to comply with this part are:
1. 
Compost, subject to any applicable limitations of Public Contract Code Section 22150, that is produced at either (a) a compostable material handling operation or facility permitted or authorized under Chapter 3.1 of Division 7 of Title 14 of the CCR, or (b) a large volume in-vessel digestion facility as defined and permitted under Chapter 3.1 of Division 7 of Title 14 of the CCR that composts on site. For purposes of subsection (C)(1)(b) of this section, digestate is a distinct material from compost and is thus not a recovered organic waste product eligible for use in complying with this part.
2. 
Renewable gas used for fuel for transportation, electricity, or heating applications.
3. 
Electricity from biomass conversion, as that term is defined in Public Resources Code Section 40106.
4. 
Mulch; provided, that the following conditions are met for the duration of the applicable compliance year:
(a) 
The mulch procured by the city to comply with this part must 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)(1) through (3).
(b) 
The mulch is produced at one or more of the following:
(i) 
A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(10) that is permitted or authorized under Division 7 of Title 14 of the CCR.
(ii) 
A transfer/processing facility or transfer/processing operation as defined in Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under Division 7 of Title 14 of the CCR.
(iii) 
A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under Division 2 of Title 27 of the CCR.
D. 
The following conversion factors shall be used to convert tonnage in the city's annual recovered organic waste product procurement target to equivalent amounts of recovered organic waste products. One ton of organic waste in a recovered organic waste product procurement target shall constitute:
1. 
Twenty-one diesel gallon equivalents, or "DGE," of renewable gas in the form of transportation fuel.
2. 
Two hundred forty-two kilowatt-hours of electricity derived from renewable gas.
3. 
Twenty-two therms for heating derived from renewable gas.
4. 
Six hundred fifty kilowatt-hours of electricity derived from biomass conversion.
5. 
0.58 tons of compost or 1.45 cubic yards of compost.
6. 
One ton of mulch.
E. 
Renewable gas procured from a POTW may only count toward the city's recovered organic waste product procurement target if the following conditions are met for the applicable procurement compliance year:
1. 
The POTW receives organic waste directly from one or more of the following: (a) a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), that is permitted or authorized under Division 7 of Title 14 of the CCR; (b) 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 Division 7 of Title 14 of the CCR; or (c) a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under Division 2 of Title 27 of the CCR.
2. 
The POTW is in compliance with the exclusion described in 14 CCR Section 17896.1.
3. 
The city receives a record from the POTW documenting the tons of organic waste received by the POTW from all solid waste facilities described in subsection (E)(1) of this section.
4. 
The amount of renewable gas the city procured from the POTW for fuel, electricity, or heating applications is less than or equal to the POTW's production capacity of renewable gas generated from organic waste received at the POTW directly from solid waste facilities as determined using the relevant conversion factors in subsection D of this section.
5. 
The POTW transported less than twenty-five percent of the biosolids it produced to activities that constitute landfill disposal.
F. 
Electricity procured from a biomass conversion facility may only count toward the city's recovered organic waste product procurement target if the biomass conversion facility receives feedstock directly from one or more of the following during the duration of the applicable procurement compliance year:
1. 
A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR Section 17582(a)(10), that is permitted or authorized under Division 7 of Title 12 of the CCR; or
2. 
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 Division 7 of Title 14 of the CCR; or
3. 
A solid waste landfill as defined in Public Resources Code Section 40105.1 that is permitted under Division 2 of Title 27 of the CCR.
G. 
If the city's annual recovered organic waste product procurement target exceeds the city's total procurement of transportation fuel, electricity, and gas for heating applications from the previous calendar year as determined by the conversion factors in subsection D of this section, the target shall be adjusted to an amount equal to the city's total procurement of those products as converted to their recovered organic waste product equivalent from the previous year consistent with subsection D of this section.
H. 
The city shall identify additional procurement opportunities within the city's departments and divisions for expanding the use of recovered organic waste products.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18993.1.
The city shall include in the implementation record all documents supporting the city's compliance with this part, including without limitation the following:
A. 
A description of how the city will comply with the requirements of this part.
B. 
The name, physical location, and contact information of each entity, operation, or facility from whom the recovered organic waste products were procured, and a general description of how the product was used, and if applicable, where the product was applied.
C. 
All invoices or similar records evidencing all procurement.
D. 
If the city will include procurement of recovered organic waste products made by a direct service provider to comply with the procurement requirements of Section 14.06.12.010(A), the city shall include all records of procurement of recovered organic waste products made by the direct service provider on behalf of the city including invoices or similar records evidencing procurement.
E. 
If the city will include renewable gas procured from a POTW for any of the uses identified in Section 14.06.12.010(C)(2) to comply with the procurement requirements of Section 14.06.12.010(A), a written certification by an authorized representative of the POTW, under penalty of perjury in a form and manner determined by the city, attesting to the following for the applicable procurement compliance year:
1. 
That the POTW was in compliance with the exclusion in 14 CCR Section 17896.6(a)(1);
2. 
The total tons of organic waste received from the types of solid waste facilities listed in Section 14.06.12.010(E)(1); and
3. 
The percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal.
F. 
If the city will include electricity procured from a biomass conversion facility to comply with the procurement mandate of Section 14.06.12.010(A), a written certification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in Section 14.06.12.010(F) shall be provided to the city. The certification shall be furnished under penalty of perjury in a form and manner determined by the city.
G. 
If the city is implementing the procurement requirements of Section 14.06.12.010(A) through an adjusted recovered organic waste product procurement target pursuant to Section 14.06.12.010(G), the city shall include records evidencing the total amount of transportation fuel, electricity, and gas for heating applications procured during the calendar year prior to the applicable reporting period.
H. 
If the city is complying with the requirements of Section 14.06.12.010 through the procurement of mulch, a copy of said Section 14.06.12.010.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18993.2.
A. 
The city shall procure paper products, and printing and writing paper, consistent with the requirements of Sections 22150 through 22154 of the Public Contract Code.
B. 
In addition to meeting the requirements of subsection A of this section, paper products and printing and writing paper shall be eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12 as published January 1, 2013, which is hereby incorporated by reference. Generally a product can be labeled with an unqualified recyclable label if the product can be collected, separated, or otherwise recovered from the waste stream through an established recycling program for reuse or use in manufacturing or assembling another item.
C. 
All businesses from whom the city purchases paper products and printing and writing paper must certify in writing to the city:
1. 
The minimum percentage, if not the exact percentage, of postconsumer material in the paper products and printing and writing paper offered or sold to the city. The certification shall be furnished under penalty of perjury in a form and manner determined by the city. The city may waive the certification requirement 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 manufacturer or vendor internet website.
2. 
That the paper products and printing and writing paper offered or sold to the city are eligible to be labeled with an unqualified recyclable label as defined in the above-referenced 16 CFR Section 260.12.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18993.3.
The city shall include in the implementation record all documents supporting its compliance with this part, including without limitation the following:
A. 
Copies of invoices, receipts or other proof of purchase that describe the procurement of paper products by volume and type for all paper purchases.
B. 
Copies of all certifications or other verification required under Section 14.06.12.030.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18993.4.