Item 43 - Exclusive Solid Waste Agreement

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Exclusive Solid Waste Services Agreement August 17, 2021 Page 4 1 9 5 9 environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption. Awarding a new franchise agreement is exempt from CEQA as an action by a regulatory agency taken to protect the environment and natural resources. The proposed project has been examined in the context of this Section and has been found to be consistent with these criteria. Section 15308 of the CEQA Guidelines includes actions taken by a regulatory agency, as authorized by state and local ordinances, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The Integrated Waste Management Act (IWMA), Senate Bill 939, passed in 1989, regulating solid waste management requires cities to permit and regulate solid waste handling. Since that time, several subsequent bills have been passed. Assembly Bill 341, passed in 2011, requires both businesses that generate four cubic yards or more of solid waste and multifamily projects with five units or more to participate in a recycling program. Assembly 1826, passed in 2014, requires businesses, including public entities and multifamily projects, to recycle their organic waste. Businesses must develop strategies to reduce and/or arrange for recycling services for the following types of organic waste: food waste, food-solid paper, green waste, landscaping and pruning waste, and non-hazardous wood waste. Assembly Bill 1594, passed in 2014, mandates that as of January 1, 2020, the use of green waste or landscape waste as odor mitigation cover at landfills will no longer count as AB 939 diversion credit for a jurisdiction and will instead be considered disposal. Senate Bill 1383, passed in 2016, established methane emission reduction targets for California, requiring a 50 percent reduction of organics sent to the landfill by 2020, and a 75 percent reduction by 2025. Senate Bill 20, the California Electronic Waste Recycling Act of 2003, requires a retailer selling a covered electronic device in the state on and after July 1, 2024 to collect an electronic waste recycling fee from the consumer. The proposed franchise agreement requires the franchisee to comply with both State and local regulations for hauling and disposing of waste. The City’s action ensures the protection of the environment since the agreement contains compliance requirements with State mandates. Lastly, Section 15061 (b)(3) of the State CEQA Guidelines, known as the “common sense” exemption, is also applicable. Under Section 15061 (b)(3), activities of the City that will not result in direct or indirect physical changes in the environment may be exempt under the common sense exemption. The collection and disposal of solid waste is mandated and regulated by state law. The City is awarding a service contract to provide the City’s waste collection and hauling service and such services already exist. Any selected franchise operator will be required to comply with the terms of this new franchise agreement and provide similar services to those currently being required and provided. The selected franchise operator will serve the same customers, public and private facilities, in the same manner as is done presently. The operator will also be required to comply with State and City regulations already established for the collection and hauling