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HomeMy WebLinkAbout111621-08.2 ADMINISTRATIVE STAFF REPORT 8.2 TO: Mayor and Town Council November 16, 2021 SUBJECT: Resolution No. 76-2021, approving a Recovered Organic Waste Product Procurement Policy as required by SB 1383 and regulations to implement the policy BACKGROUND In September 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. SB 1383 is the most significant waste reduction mandate to be adopted in California in the last 30 years. It includes statewide goals to reduce the disposal of organic waste and edible food for human consumption. The goal to reduce organic waste by 50 percent by January 1, 2020 and by 75% by January 1, 2025. The intent and purpose of SB 1383 is to reduce landfill and pollution; fight against climate change; reduce and recover food from landfill to feed those in need and recycle organic materials into new products. Additionally, the law grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets. DISCUSSION To accomplish statewide goals, SB 1383 regulations include prescriptive requirements for jurisdictions related to recycling and organics collection, inspection, procurement of recycled organic products, enforcement, community outreach and edible food recovery. The Town of Danville is a member of a Joint Powers Authority comprised of the Cities of Lafayette, Orinda, Moraga, Walnut Creek and certain unincorporated areas of Contra Costa County known as Central Contra Costa Solid Waste Authority (CCCSWA), DBA RecycleSmart. The primary purpose of the RecycleSmart is to provide stable, long-term, environmentally responsible, cost-effective options for all aspects of solid waste disposal including recyclables and hazardous waste. RecycleSmart is responsible for meeting the majority of regulations to comply with SB1383 on behalf of its member agencies. SB 1383 also requires that all local jurisdiction’s adopt procurement policies addressing the purchase of organic recycled materials. For the Town, this will primarily involve the purchase of mulch, compost and paper products. The law sets minimum amounts of organic recycled materials which must be acquired and requires detailed tracking and Recovered Organic Waste 2 November 16, 2021 Procurement Policy record keeping 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 content during the 2022 calendar year. CalRecycle, the state agency charged with overseeing compliance to SB 1383 regulations, prepared a model procurement policy that contains all the mandatory language in SB 1383, enabling regulations, while providing options for each jurisdiction to consider. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. The policy was discussed at the Town Council study session of November 9, 2021. FISCAL IMPACT This unfunded state mandate has the potential to generate significant financial impacts for the Town, dependent upon the cost of additional materials that are required to be purchased and additional staff time required to procure materials, track usage and comply with mandated reporting requirements. Additional costs will be quantified further preparatory to the 2022/23 operating budget process. RECOMMENDATION Adopt Resolution No. 76-2021, approving a recovered organic waste product procurement policy as required by SB 1383 and regulations to implement the policy. Prepared by: Diane Friedmann Deputy Town Manager Reviewed by: Joseph Calabrigo Town Manager Attachments: A - Resolution No. 76-2021 Exhibit 1 – CalRecycle Procurement Policy RESOLUTION NO. 76-2021 APPROVING A RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT POLICY AS REQURIED BY SB 1383 AND REGULATIONS TO IMPLEMENT THE POLICY WHEREAS, SB 1383, adopted in 2016, requires all local jurisdictions in California to adopt a recovered organic waste product procurement policy (the “SB 1383 policy”) by the end of 2021; and WHEREAS, CalRecycle has adopted regulations to implement SB 1383 and has provided a model policy for local jurisdictions to use as a template; and WHEREAS, Section 3-8.18 of the Danville Municipal Code establishes the policy goal of the Town of Danville to purchase and use recycled materials and to develop a comprehensive procurement effort to stimulate the market for recycled products; and WHEREAS, in order to implement the SB 1383 Policy and the goals of Municipal Code Section 3-8.18, it is necessary to adopt local regulations applicable to Town contracts and purchasing; now therefore, be it RESOLVED, that the Danville Town Council approves the Recovered Organic Waste Product Procurement Policy attached hereto as Exhibit 1; and be it further RESOLVED, that the Danville Town Council, in order to implement the SB 1383 Policy adopts the following provisions that shall be incorporated into all applicable Town contracts or purchase orders involving the procurement or use of Recovered Organic Waste Products as defined in Section 2.I of the Policy: 1.All Town purchases of Recovered Organic Waste Products shall include the applicable specifications and shall require the vendor to certify that such specifications are met. Town contracts shall provide that failure to meet these standards will be cause for termination of the contract. 2.All Town contracts with Direct Service Providers that require the use of Recovered Organic Waste products shall require the Provider to certify that they have purchased products that comply with the applicable standards and that failure to comply will be cause for termination of the contract as well as liquidated damages. APPROVED by the Danville Town Council at a regular meeting on November 16, 2021 by the following vote: DocuSign Envelope ID: 59C0183B-F245-47CB-B6F2-650D3DAEE0C4 ATTACHMENT A PAGE 2 OF RESOLUTION NO. 76-2021 AYES: NOES: ABSTAINED: ABSENT: ______________________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ CITY ATTORNEY CITY CLERK DocuSign Envelope ID: 59C0183B-F245-47CB-B6F2-650D3DAEE0C4 -1- Town of Danville SB 1383 Procurement Policy EXHIBIT 1 TOWN OF DANVILLE RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT POLICY SECTION 1. PURPOSE A.It is the policy of the Town of Danville (hereafter “Town”), applicable to all departments and divisions, to incorporate environmental considerations including recycled-content and recovered Organic Waste product use into purchasing practices and procurement. This Recovered Organic Waste Product Procurement Policy (Policy) will help the Jurisdiction to: 1.Protect and conserve natural resources, water, and energy; 2.Meet the Goals of the Town’s Climate Action Plan and Environmental Preferences for Purchasing Policy. 2.Minimize the Town’s contribution to climate change, pollution, and solid waste disposal; and, 3.Comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials, and to purchase Recycled- Content Paper Products and Recycled-Content Printing and Writing Paper. SECTION 2. DEFINITIONS A.“Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the Town is required to procure annually under 14 CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, times the Town’s residential population using the most recent annual data reported by the California Department of Finance. Annually, CalRecycle will provide notice to each Jurisdiction of its Annual Recovered Organic Waste Product Procurement Target -2- Town of Danville SB 1383 Procurement Policy by posting such information on CalRecycle’s website and providing written notice directly to the Jurisdiction. B. “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements. C. “Direct Service Provider” means a person, company, agency, district, or other entity that provides a service or services to Town pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). D. “Electricity Procured from Biomass Conversion” means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the Town’s Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR Section 18993.1(i). E. “Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. F. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51). G. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54). -3- Town of Danville SB 1383 Procurement Policy H. “Procurement of Recovered Organic Waste Products” shall mean purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the Town or others. The Town’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the Town or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the Town’s behest. I. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. J. “Recordkeeping Designee” means the employee appointed by the Town Manager or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the Jurisdiction and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13. K. "Recyclability" means that the Paper Products and Printing and Writing Paper offered or sold to the Town are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013). L. “Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended. M. “Renewable Gas” means gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62). N. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time. O. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste -4- Town of Danville SB 1383 Procurement Policy Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR. P. “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4): 1. Produced at one of the following facilities: i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); ii. 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 14 CCR Division 7; or, iii. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2. 2. 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, as enforced by Town of Danville Resolution No.76 -2021, which requires all purchases of mulch by the Town to meet these standards. S. “State” means the State of California. SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT 3.1 Procurement Target A. Town will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target through the implementation of Sections 3 through 5 of this Policy. B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following (provided that each product meets the criteria included in their respective definition in Section 2 of this Policy): 1. SB 1383 eligible Compost (as defined in Section 2.P). -5- Town of Danville SB 1383 Procurement Policy 2. SB 1383 Eligible Mulch (as defined in Section 2.P). 3. Renewable Gas (in the form of transportation fuel, electricity, or heat) (as defined in Section 2.M). 4. Electricity Procured from Biomass Conversion (as defined in Section 2.D). 5. Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper (as defined in Section 2.L.). 3.2 Requirements for Jurisdiction Departments A. Compost and SB 1383 Eligible Mulch procurement. Divisions and departments of the Town responsible for landscaping maintenance, renovation, or construction shall: 1. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined in Section 2.B and 2.P of this Policy, for landscaping maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). 2. When the Town uses Compost and SB 1383 Eligible Mulch and the applications are subject to the State’s Model Water Efficient Landscaping Ordinance (MWELO) it shall comply with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following: a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such. c. Procure organic mulch materials made from recycled or post- -6- Town of Danville SB 1383 Procurement Policy consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). 3. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the Recordkeeping Designee, upon completion of project. Records shall include: a. General procurement records, including: (i) General description of how and where the product was used and applied, if applicable; (ii) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; (iii) Type of product; (iv) Quantity of each product; and, (v) Invoice or other record demonstrating purchase or procurement. b. For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to the Recordkeeping Designee in accordance with the requirements specified in Section 3.2.A.3. c. For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured by the Town or Direct Service Provider meets the land application standards specified in 14 CCR Section 18993.1, as it may be amended from time to time, as currently reflected in Town Council Resolution No. 76-2021. -7- Town of Danville SB 1383 Procurement Policy 4. When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract, agreement or purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from Biomass Conversion; and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements. B. Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications). For Renewable Gas procurement, the Town shall: 1. Procure Renewable Gas made from recovered Organic Waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available for the Town and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR Section 18993.1. 2. Keep records in the same manner indicated in Section 3.2.A.3 for the amount of Renewable Gas procured and used by the Town, including the general procurement record information specified in Section 3.2.A.3.a, and submit records to the Recordkeeping Designee on a quarterly schedule. The quarterly schedule shall be as follows: Renewable Gas records are to be provided to the Recordkeeping Designee by April 15 for January 1 through March 31, July 15 for April 1 through June 30, October 15 for July 1 through September 30, and January 15 for October 1 through December 31. Town shall additionally obtain the documentation and submit records specified in Section 3.2.B.3 below, if applicable. 3. If the Town procures Renewable Gas from a Publicly Owned Treatment Works (POTW): a. Annually verify that the Renewable Gas from the POTW complies with the requirements specified in 14 CCR Section 18993.1(h), including, but not limited to the exclusion in 14 CCR Section 17896.6(a)(1) and the items listed in this Section 3.2.B.3. b. Annually receive a record from the POTW documenting the tons of Organic Waste received by the POTW from: (i) 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 14 CCR Division 7; (ii) 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 14 CCR Division 7; or (iii) a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2. -8- Town of Danville SB 1383 Procurement Policy c. Annually receive documentation from the POTW of the percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal in order to demonstrate that the POTW transported less than twenty-five percent (25%) of the biosolids it produced to activities that constitute landfill disposal. For the purposes of this Policy, landfill disposal is defined pursuant to 14 CCR Section 18983.1(a) and includes final disposition at a landfill; use of material as alternative daily cover or alternative intermediate cover at a landfill, and other dispositions not listed in 14 CCR Section 18983.1(b). Alternative daily cover or alternative intermediate cover are defined in 27 CCR Sections 20690 and 20700, respectively. d. Annually receive documentation that the POTW receives vehicle- transported solid waste that is an anaerobically digestible material for the purpose of anaerobic co-digestion with POTW treatment plant wastewater to demonstrate that the POTW meets the requirement of 14 CCR Section 18993.1(h)(2). e. Town shall submit these records to the Recordkeeping Designee on an annual basis, not to exceed twenty (20) days from receipt of notification from the POTW. C. Electricity Procured from Biomass Conversion. For Electricity Procured from Biomass Conversion, the Town shall: 1. Procure electricity from a biomass conversion facility that receives feedstock from a composting facility, transfer/processing facility, a solid waste landfill, and/or receives feedstock from the generator or employees on behalf of the generator of the Organic Waste and to the degree that it is available and practicable for the Town and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR Section 18993.1. 2. Maintain records and conduct the following recordkeeping activities: a. Keep records in the same manner indicated in Section 3.2.A.3 of this Policy for the amount of Electricity Procured from Biomass Conversion facilities, including the general procurement record information specified in Section 3.2.A.3.a. b. Receive written notification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 14 CCR Section 18993.1(i). c. Provide these records to the Recordkeeping Designee. -9- Town of Danville SB 1383 Procurement Policy 3.3 Requirements for Direct Service Providers A. Direct Service Providers of landscaping maintenance, renovation, and construction shall: 1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, as defined in Section 2.B and 2.P of this Policy, for all landscaping renovations, construction, or maintenance performed for the Town, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). 2. If Direct Service Provider is subject to the State’s MWELO, comply with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following: a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such. c. Procure organic mulch materials made from recycled or post- consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). 3. Keep and provide records of Procurement of Recovered Organic Waste -10- Town of Danville SB 1383 Procurement Policy Products (either through purchase or acquisition) to Recordkeeping Designee, upon completion of individual projects or, for Direct Service Providers working on an annual contract, within 20 days after the end of the year. Information to be provided shall include: a. General description of how and where the product was used and if applicable, applied; b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; c. Type of product; d. Quantity of each product; and, e. Invoice or other record demonstrating purchase or procurement. B. Direct Service Provider of Organic Waste collection services shall: 1. Provide Compost of SB 1383 Eligible Mulch to Jurisdiction and its customers via periodic “giveaways” as specified in a franchise agreement or other agreement. 2. Keep and provide records to the Jurisdiction including the following: a. Two times per year b. Source of product including name, physical location and contact information for each entity, operation or facility from whom the Recovered Organic Waste Products where procured; c. Type of product; d. Quantity provided; and, e. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location. SECTION 4. RECYCLED-CONTENT PAPER PROCUREMENT 4.1 Requirements for Jurisdiction Departments A. If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all departments and divisions of Jurisdiction shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a -11- Town of Danville SB 1383 Procurement Policy lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended. B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013). C. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled- content and non-recycled content, if any is purchased) made by a division or department or employee of the Jurisdiction. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 4.2.A.3-4 for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non-Recycled- Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided. 4.2 Requirements for Vendors A. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to Town shall: 1. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non- recycled item and are available at equal or lesser price. 2. Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013). 3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the Jurisdiction. This certification requirement may be waived 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 a manufacturer or vendor internet website. 4. Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the Town is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013). 5. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchased from the vendor within thirty (30) days -12- Town of Danville SB 1383 Procurement Policy of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the Jurisdiction. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 4.2.A.3-4 for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non- Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled- Content Printing and Writing Paper were not provided. B. All vendors providing printing services to the Town via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209. SECTION 5. RECORDKEEPING RESPONSIBILITIES A. The Town Manager‘s Office will be the responsible department and will select an employee to act as the Recordkeeping Designee that will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products and Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper. B. The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper: 1. Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of Jurisdiction’s documentation of its compliance with 14 CCR Section 18993.3. 2. Collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the Town to develop evidence of Town meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the Jurisdiction’s documentation of its compliance with 14 CCR Section 18993.1. -13- Town of Danville SB 1383 Procurement Policy 3. Collect, collate, and maintain documentation submitted by the Jurisdiction, Direct Service Providers, and/or vendors, including the information reported to the Recordkeeping Designee in accordance with Sections 3.2.A.3, 3.2.B.2, 3.2.C.2, 3.3.A.3, 3.3.B.2, 3.3.C.3, 4.1.C, and 4.2.A.5. 4. Compile an annual report on the Town’s direct procurement, and vendor/other procurement on behalf of the Town, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper procurement. This report shall be made available to the Jurisdiction’s responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with the Town Council annually as evidence of implementing this Policy. SECTION 6. EFFECTIVE DATE OF POLICY This Policy shall go into effect January 1, 2022.