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STUDY STUDY SESSION MEMORANDUM 4.3
TO: Mayor and Town Council November 9, 2021
SUBJECT: SB 1383 Procurement Policy and Model Water Efficiency Ordinance
BACKGROUND
In September of 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395,
Statutes of 2016), establishing methane emissions reduction targets in a statewide effort
to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of
California’s economy. The bill has several components, all aimed at reducing the waste
stream entering landfills and promoting greater recycling of organic waste. The one
component of the legislation which the Town must address involves the procurement of
certain recycled products.
In 2015, the state adopted the Model Water Efficient Landscape Ordinance (MWELO).
As approved by the state, the MWELO applies to all local jurisdictions, unless the
jurisdiction adopts its own local ordinance with more stringent requirements. The Town
has not previously adopted its own ordinance and has been applying the MWELO since
2015.
DISCUSSION
SB 1383 Procurement
The provisions of SB 1383 involving solid waste and recycling are being addressed by
RecycleSmart on behalf of the member agencies. Representatives of RecycleSmart will
provide the Town Council with an update on their efforts during the November 16 Town
Council meeting.
SB 1383 also requires that all local jurisdictions adopt procurement policies addressing
the purchase of organic recycled materials. For the Town, this will primarily involve the
purchase of organic mulch, compost and paper products. The law sets minimum
amounts of organic recycled materials which must be acquired and requires detailed
tracking of all purchases, both by the Town and by any contractors used by the Town.
The Town is required to procure over 3,500 tons of recycled organic waste products
during the 2022 calendar year.
SB 1383 and MWELO 2 November 9, 2021
CalRecycle, the state agency in charge of this subject matter, prepared a model
procurement policy that contains all mandatory language from SB 1383 and enabling
regulations, while providing options for each jurisdiction to consider. Town staff is
finalizing the policy, which will be presented to Town Council for adoption on November
16.
The MWELO
As mentioned above, the MWELO has been in effect in Danville since adopted by the
State of California in 2015. At that time, Town staff determined that it was unnecessary
to adopt a local ordinance, so MWELO has been applied since then. The MWELO applies
to any development project which requires a permit or design review and contains 500
square feet of landscape (for new developments) or 2,500 square feet of landscape (for
rehabilitation projects). Where it applies, the MWELO contains rules for the types of
permitted landscape, irrigation systems, etc.
While formally adopting the MWELO at this time will not change the scope of landscape
regulation, adoption will help with SB 1383 compliance, by making for a more direct
reference point. An additional benefit will be the repeal of the Town’s 1991 landscape
ordinance, which was adopted at that time in response to the first state model ordinance.
RECOMMENDATION
The SB 1383 procurement policy and MWELO ordinance will be presented to the Town
Council for action at the regular meeting of November 16, 2021.
Prepared by:
Diane Friedmann
Deputy Town Manager
Robert B. Ewing
City Attorney