R 5174 RESOLUTION NO. 5174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE CREATING RECOVERED ORGANIC
WASTE PRODUCT PROCUREMENT POLICY AS
REQUIRED BY SENATE BILL 1383
WHEREAS, in September 2016, Governor Brown signed into law Senate Bill 1383 (SB
1383)establishing methane reduction targets in an effort to curb the presence of methane
emissions caused by organic waste; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
jurisdictions to procure, annually, a certain quantity of recovered organic waste products
and to purchase recycled-content paper products; and
WHEREAS, adoption of a Recovered Organic Waste Product Procurement Policy will
assist the City in reaching compliance with SB 1383 procurement requirements; and
WHEREAS, CalRecycle finalized regulations to achieve goals set forth by SB 1383 in
November 2020; and
WHEREAS, SB 1383 became effective on January 1, 2022, and local jurisdictions are
required to enact regulations set forth in SB 1383 and provide a copy of the Recovered
Organic Waste Product Procurement Policy to CalRecycle.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The above recitals are true, correct and are incorporated herein by this reference.
2. The "Recovered Organic Waste Product Procurement Policy" attached hereto as
Exhibit "A" and incorporated herein by this reference, is hereby adopted.
3. This Resolution shall take effect upon its adoption.
On motion of Council Member Barneich, seconded by Council Member Storton, and by
the following roll call vote, to wit:
AYES: Council Members Barneich, Storton, Paulding, George, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of April, 2022.
RESOLUTION NO.51114
PAGE 2
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CAR RA el,SSOM, MAYOR
ATTEST:
SSICA MATSON, CITY CLERK
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APPROVED AS TO CONTENT:
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WHITNEY M tiii ONALD, CITY MANAGER
APPRO /1, TO FORM:
TIMOTH J. CARMEL, CITY ATTORNEY
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RESOLUTION NO. 5174
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EXHIBIT A
CITY OF ARROYO GRANDE
RECOVERED ORGANIC WASTE
PRODUCT PROCUREMENT POLICY
Section 1. Purpose
A. It is the policy of the City, 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 City to:
1. Protect and conserve natural resources, water, and energy;
2. Minimize the City'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 City 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 City's
residential population using the most recent annual data reported by the California
Department of Finance. Annually, CalRecycle will provide notice to each City of its
Annual Recovered Organic Waste Product Procurement Target by posting such
information on CalRecycle's website and providing written notice directly to the
City.
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).
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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 City 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 City'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. "City" means the City of Arroyo Grande.
F. "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.
G. "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).
H. "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).
"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 City or others. The City's
Annual Recovered Organic Waste Product Procurement Target can be fulfilled
directly by the City or by Direct Service Providers through written contracts or
agreements for Procurement of Recovered Organic Waste Products at the City's
behest.
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J. "Publicly-Owned Treatment Works" or "POTW" has the same meaning as in
Section 403.3(r)of Title 40 of the Code of Federal Regulations. Any renewable gas
procured from a POTW shall meet the requirements of subsection (h) of 14 CCR
Section 18993.1.
K. "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.
L. "Recordkeeping Designee" means the public employee appointed by the City
Manager or his or her designee to track procurement and maintain records of
Recovered Organic Waste Product procurement efforts both by the City and
others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12
and 13. The Recordkeeping Designee will report such records to the Reporting
Designee.
M. "Reporting Designee" means an entity that a City contracts with or otherwise
arranges to carry out any of the City's reporting responsibilities of this policy as
authorized in 14 CCR.City.
N. "Recyclability" means 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 16 Code of Federal Regulations Section 260.12 (2013).
O. "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.
P. "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).
Q. "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.
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R. "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
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.
S. "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.
T. "State" means the State of California.
Policies
Section 3. Recovered Organic Waste Product Procurement
3.1 Procurement Target
A. City 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):
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1. SB 1383 eligible Compost (as defined in Section 2.B).
2. SB 1383 Eligible Mulch (as defined in Section 2.R).
3. Renewable Gas (in the form of transportation fuel, electricity, or heat) (as
defined in Section 2.0).
4. Electricity Procured from Biomass Conversion (as defined in Section 2.D).
3.2 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.R of this Policy,
for all landscaping renovations, construction, or maintenance performed for
the City, 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 Model Water Efficient Landscape
Ordinance (MWELO, as adopted by AGMC 16.84.010), 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
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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
Products (either through purchase or acquisition) to Recordkeeping
Designee, upon completion of projects. 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 a specified quantity of Compost or SB 1383 Eligible Mulch to City
and its customers via periodic "giveaways" as specified in a franchise
agreement or other agreement.
2. Keep and provide records to the City including the following:
a. Dates provided
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 provided; and,
e. Invoice or other record or documentation demonstrating purchase,
procurement, or transfer of material to giveaway location.
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C. Renewable Gas procurement by Direct Service Providers
1. Direct Service Providers transporting solid waste, organic materials, and/or
recyclable materials shall procure their fuel as Renewable Gas if required
to do so in RFPs and RFQs released by the City for such services or as
required by permit, license, written agreement, or written contract with the
City.
2. Departments releasing RFPs and RFQs for contractors that procure fuel in
the course of their services to the City shall include a preference to
contractors that propose to use the amount or percentage of Renewable
Gas specified in the RFP or RFQ to be eligible for said price preference.
Such use, if it occurs, shall be documented in a written contract or
agreement.
3. If Renewable Gas made from recovered Organic Waste is used by Direct
Service Providers, Direct Service Providers shall submit information listed
in Section 3.3.B.2.a-e on a schedule to be determined by City, but not less
than annually to the Recordkeeping Designee.
4. Renewable Gas used by Direct Service Providers under Sections 3.3.A and
3.3.B shall comply with criteria specified in 14 CCR Section 18993.1.
3.2 Requirements for City Departments
A. Compost and SB 1383 Eligible Mulch procurement. Divisions and departments
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.R 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 City uses Compost and SB 1383 Eligible Mulch and the applications
are subject to the Model Water Efficient Landscaping Ordinance (MWELO,
as adopted by AGMC 16.84.010), pursuant to City Code Section 15.06.050
Section (d), 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
RESOLUTION NO. 5174
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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 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.
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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 City 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.
4. When Procurement of Recovered Organic Waste Products occurs through
a Direct Service Provider, enter into a written contract or agreement or
execute a 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, City 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 City 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 City, including the
general procurement record information specified in Section 3.2.A.3.a, and
submit records to the Recordkeeping Designee on a schedule prescribed
by the Recordkeeping Designee. City shall additionally obtain the
documentation and submit records specified in Section 3.2.B.3 below, if
applicable.
3. If the City procures Renewable Gas from a 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.
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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.
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. City shall submit these records to the Recordkeeping Designee and
Reporting Designee on a schedule to be determined by
Recordkeeping Designee.
C. Electricity Procured from Biomass Conversion. For Electricity Procured from
Biomass Conversion, City 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 City 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:
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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.
Section 4. Recycled-content Paper Procurement
4.1 Requirements for City Departments
A. Option 1: Comparable or more favorable pricing: 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 City 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 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.
Option 2: Price preference: 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 City 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 the total cost is the same or a lesser total cost than non-recycled items
or whenever available at the same or a lesser total cost than the non-recycled
items, consistent with the requirements of the Public Contract Code, Sections
22150 through 22154 and Sections 12200 and 12209, as amended.
Option 3: No price preference: 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 City shall purchase Recycled-
Content Paper Products and Recycled-Content Printing and Writing Paper(rather
than non-recycled items) that consists of at least thirty percent (30%), by fiber
weight, postconsumer fiber, consistent with the requirements of the Public Contract
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).
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C. Provide records to the Recordkeeping Designee of all Paper Products and Printing
and Writing Paper purchases on a schedule to be determined by Recordkeeping
Designee (both recycled-content and non-recycled content, if any is purchased)
made by a division or department or employee of the City. 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 City 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 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 City. 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 City 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
of the purchase (both recycled-content and non-recycled content, if any is
purchased) made by a division or department or employee of the City.
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-
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PAGE 15
Content Paper Products and/or Recycled-Content Printing and Writing
Paper were not provided.
B. All vendors providing printing services to the City 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. A department or public employee, as determined by the City Manager, will be the
responsible department or person 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, as well as reporting such records to the
Reporting Designee.
B. The Recordkeeping Designee and/or Reporting 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 City'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 City to develop evidence of City meeting its Annual
Recovered Organic Waste Product Procurement Target. These records
must be kept as part of the City's documentation of its compliance with 14
CCR Section 18993.1.
3. Collect, collate, and maintain documentation submitted by the City, 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 City's direct procurement, and
vendor/other procurement on behalf of the City, of Recovered Organic
Waste Products, Recycled-Content Paper Products, and Recycled-Content
RESOLUTION NO. 5174
PAGE 16
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 City'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 City
Council annually as evidence of implementing this Policy.
Section 6. Effective Date of Policy
This Policy shall go into effect immediately.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5174 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 26th day of April, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of
April, 2022.
SSICA MATSON, CITY CLERK