Chapter 16 — RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT POLICY

Editor's note— Ord. No. 4684, § 3, adopted December 9, 2024, set out provisions intended for use as §§ 5- 3005—5-3013. Inasmuch as there were already provisions so designated, said section has been codified herein as §§ 5-2990—5-2998 at the discretion of the editor.

5-2990 - TITLE.

This chapter shall be known as the "Recovered Organic Waste Product Procurement Policy" of the County and may be so cited.

(Ord. No. 4684, § 3, 12-9-2025)

5-2991 - DEFINITIONS.

For the purposes of this chapter, the following definitions apply:

"Annual Recovered Organic Waste Product Procurement Target" or "Annual Procurement Target" means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the County is required to procure annually under 14 CCR Section 18993.1.

"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.

"Direct Service Provider" means a person, company, agency, district, or other entity that provides a service or services to County pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

"Electricity Procured from Biomass Conversion" means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and pruning's from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the County'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).

"Giveaway" means the free distribution of eligible products to residents or customers as part of a County- approved program.

"Implementation Record" means a set of documents, reports, and records that demonstrate how a jurisdiction, hauler, facility, or other regulated entity is complying with the requirements of Senate Bill 1383 and its associated regulations as defined in 14 CCR, Division 7, Chapter 12, Section 18995.2.

"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.

"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 County or others. The County's Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the County or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the County's behest.

"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.

"Recovered Organic Waste Products" or "ROWP" 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 product meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.

"Recordkeeping Designee" means the public employee appointed by the County Manager or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the County and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.

"Recyclability" means that the Paper Products and Printing and Writing Paper offered or sold to the Jurisdiction are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).

"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).

"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.

"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.

"SB 1383 Eligible Mulch" or "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):

(a)

Produced at one (1) 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.

(b)

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 5, as enforced by San Joaquin County Ordinance Code Section 5-3007.

"State" means the State of California.

(Ord. No. 4684, § 3, 12-9-2025)

5-2992 - RECOVERED ORGANIC WASTE PRODUCT—MULCH PROCUREMENT.

All County departments when procuring SB 1383 Eligible Mulch shall procure mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in Title 14 of the California Code of Regulations, Division 7, § 17852(a)(24.5)(A)1 through 5.

(Ord. No. 4684, § 3, 12-9-2025)

5-2993 - RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT.

(a)

County procurement target.

(1)

County 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 this chapter.

(2)

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 this chapter):

(i)

Compost.

(ii)

Mulch.

(iii)

Renewable Gas (in the form of transportation fuel, electricity, or heat).

(iv)

Electricity Procured from Biomass Conversion.

(3)

Commercial sales of Recovered Organic Waste Products to third parties shall not count toward the target unless specifically authorized by CalRecycle. Only use or giveaway of Recovered Organic Waste Products by the County or its Direct Service Providers may be credited toward the Annual Procurement Target.

(4)

The Recordkeeping Designee shall maintain documentation of the population figure and calculation in the County's Implementation Record required under 14 CCR § 18995.2 and shall update the calculation annually or when notified of population changes by CalRecycle.

(5)

If CalRecycle issues updated procurement guidance, multipliers, or alternative targets, the County shall automatically adopt such updates without further ordinance amendment.

(6)

The Recordkeeping Designee shall track progress annually and recommend program adjustments to ensure compliance with State milestones.

(Ord. No. 4684, § 3, 12-9-2025)

5-2994 - ROWP PROCUREMENT REQUIREMENTS FOR COUNTY DEPARTMENTS.

(a)

For Compost and Mulch procurement, divisions and departments utilizing ROWP for landscaping maintenance, renovation, or construction shall:

(1)

Use Compost and Mulch produced from recovered Organic Waste for landscaping maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. 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 (5).

(2)

When County uses Compost and Mulch and the applications are subject to the County's Water Efficient Landscaping Ordinance (WELO), pursuant to Title 9, Development, Section 9-402 of this Code, comply with one (1) of the following, whichever is more stringent, (i) the County's WELO, Title 9, Development, Section 9- 402 of this Code, if more stringent than the State's Model Water Efficient Landscape Ordinance (MWELO), or (ii) 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.

(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 Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and Mulch provided to residents.

c.

For procurement of Mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured by the County 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 Section 5-2992 of this Code.

d.

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.

e.

When products are blends of compost, mulch, or other materials, departments shall document the percentage of qualifying recovered organic content, and only that qualifying portion shall be credited toward the procurement target in accordance with CalRecycle guidance.

(b)

For Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications), County 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 County 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 5-2993, Subsection (a)(3) for the amount of Renewable Gas procured and used by the County and submit records to the Recordkeeping Designee on a schedule to be determined by the Recordkeeping Designee. County shall additionally obtain the documentation and submit records specified in (3) below, if applicable.

(3)

If the County 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 Section 5-2993, Subsection (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.

c.

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).

d.

County shall submit these records to the Recordkeeping Designee on an annual basis, not to exceed thirty (30) days from receipt of notification from the POTW.

(c)

For Electricity Procured from Biomass Conversion, County 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 County 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 5-2993, Subsection (a)(3) of this Chapter for the amount of Electricity Procured from Biomass Conversion facilities.

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.

(Ord. No. 4684, § 3, 12-9-2025)

5-2995 - ROWP PROCUREMENT REQUIREMENTS FOR DIRECT SERVICE PROVIDERS.

(a)

Direct Service Providers of landscaping maintenance, renovation, and construction shall:

(1)

Use Compost and Mulch, as practicable, produced from recovered Organic Waste, as defined in this Chapter, for all landscaping renovations, construction, or maintenance performed for the County, whenever available, and capable of meeting quality standards and criteria specified. 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 (5).

(2)

If Direct Service Provider is subject to the County's WELO pursuant to Development Title County of San Joaquin Chapter 9-402, comply with one of the following, whichever is more stringent: (i) the locally-adopted WELO that is more stringent than the State's MWELO, or (ii) 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.

(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 Mulch to County and its customers via periodic "giveaways" as specified in a franchise agreement or other agreement.

(2)

Keep and provide records to the County 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.

(c)

Renewable Gas procurement by Direct Service Providers:

(1)

Direct Service Providers transporting solid waste, organic materials, and/or recyclable materials shall procure a percentage of their fuel as Renewable Gas if required to do so in Request for Proposals (RFPs) and

Request for Qualifications (RFQs) released by the County for such services or as required by permit, license, written agreement, or written contract with the County.

(2)

Departments releasing RFPs and RFQs for contractors that procure fuel in the course of their services to the County may include a price 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 5-2994, Subsection (b)(2) on a schedule to be determined by County, but not less than annually to the Recordkeeping Designee.

(4)

Renewable Gas used by Direct Service Providers under Section 5-2994 shall comply with criteria specified in 14 CCR Section 18993.1.

(Ord. No. 4684, § 3, 12-9-2025)

5-2996 - ROWP PROCUREMENT RECORDKEEPING RESPONSIBILITIES.

(a)

The Public Works Department 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.

(b)

The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products:

(1)

Collect and collate copies of invoices, receipts, giveaway logs, annual summaries 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 County to develop evidence of County meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the County's documentation of its compliance with 14 CCR Section 18993.1 within the County's Implementation Record consistent with 14 CCR § 18995.2.

(2)

Collect, collate, and maintain documentation submitted by the County, Direct Service Providers, and/or vendors, including the information reported to the Recordkeeping Designee in accordance with Sections 5-

2993 and 5-2994.

(3)

Compile an annual report on the County's direct procurement, and vendor/other procurement on behalf of the County, of Recovered Organic Waste Products, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target. This report shall be made available to the County'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 Council, Board of Directors, or Board of Supervisors or other regulating body annually as evidence of implementing this Policy.

(c)

The Recordkeeping Designee shall ensure that all required documentation is available for CalRecycle inspection and included in the County's annual electronic submittal.

(Ord. No. 4684, § 3, 12-9-2025)

5-2997 - COMPLIANCE AND ENFORCEMENT.

(a)

Each County Department subject to this Chapter shall comply with all procurement, recordkeeping, and reporting requirements.

(b)

Failure by a Department or Direct Service Provider to provide required documentation or to procure eligible materials as practicable may result in corrective actions including written notice, mandatory training, or other administrative remedies established by the County Manager.

(c)

Contracts and purchase orders executed after the effective date of this Chapter shall contain enforceable provisions authorizing the County to withhold payment, terminate, or impose liquidated damages for non- compliance with SB 1383 procurement requirements.

(d)

The County Manager may adopt administrative procedures, templates, and guidance to implement and update this Chapter consistent with CalRecycle regulations and future amendments thereto.

(Ord. No. 4684, § 3, 12-9-2025)

5-2998 - STATE EXEMPTIONS.

(a)

If the County qualifies for a rural exemption or procurement target adjustment under 14 CCR § 18984.12 or related provisions, the Recordkeeping Designee shall document the basis for the exemption and retain approval correspondence from CalRecycle.

(b)

Upon expiration or revocation of any exemption, the County shall resume full compliance immediately.

(Ord. No. 4684, § 3, 12-9-2025)