HomeMy WebLinkAboutResponse to Findings - June 11, 2024 Grand Jury Report - Tal (2) iiii
/0 NTIN6T.2. CITY OF
-4;\; HUNTINGTON BEACH
Gracey Van Der Mark I Mayor
September 9, 2024
Honorable Maria Hernandez
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
RE: June 11, 2024 Grand Jury Report: Talking Trash: Recyclables and Organic Waste
Dear Judge Hernandez,
FINDINGS
Below is the City of Huntington Beach response to findings within the Grand Jury Report, Talking
Trash: Recyclables and Organic Waste, dated June 11, 2024.
Fl. The majority of Orange County jurisdictions have not yet required their haulers to
distribute residential containers that meet the CalRecycle standardized colors, leaving
legacy and often incorrect or illegible labeling and embossing in place.
Response: The City of Huntington Beach partially agrees with this finding. Our residential
recycling and organics containers are already color-compliant. The City intends that all residential
containers will be color- and label-compliant no later than January 1, 2036 as required by
CalRecycle. City's hauler distributes updated labels to residents when services are updated and
upon request to replace worn containers. CalRecycle's January 1, 2036 deadline for 100%
compliance is intended to reduce the environmental and financial impact of discarding serviceable
containers prior to the end of useful life.
F2. While a jurisdiction may not delegate its overall responsibility for compliance with
State requirements to a hauler, some jurisdictions have designated the task of imposing
and collecting fines from residents to the hauler in accordance with State law. However,
not all jurisdictions are clear on who ultimately receives and retains the collected fines.
Response: The City of Huntington Beach disagrees with this finding. The City has not delegated
nor does it intend to delegate the task of imposing and collecting residential fines to its hauler.
F3.All jurisdictions will eventually start collecting fines from residents for noncompliance,
but some have not yet determined whether the revenues will go into a waste and recycling
enterprise fund or into the jurisdiction's general fund.
Response: The City of Huntington Beach agrees with this finding.
F4. In most jurisdictions, education and outreach is a joint effort between jurisdiction,
hauler, and sometimes consultants, with the jurisdiction reviewing the materials before
publication. The methods of dissemination vary by jurisdiction and hauler but frequently
rely on a resident actively seeking the information, which requires the resident to have
some awareness of the new mandates in the first place. Most efforts primarily revolve
around intermittent hard-copy paper mailings.
Office:(714) 536—5553 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov
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Response: The City of Huntington Beach disagrees with this finding. The City disseminates
education and outreach through various media types including electronically on its website, via
social media, electronic newsletters, in-person at special events, and in print via utility bill inserts
and regular mail.
F5. Most jurisdictions currently have no way to accurately determine the effectiveness of
their respective education and outreach efforts other than the eventual inspections or
audits that will take place.
Response: The City of Huntington Beach disagrees with this finding. The City intends to survey
its residents to help determine the effectiveness of its education and outreach materials.
F6. There is some concern that there are not enough composting facilities in Orange
County to process all organic waste,forcing some jurisdictions/haulers to transport it long
distances for processing.
Response: The City of Huntington Beach agrees with this finding.
F7. There is currently no infrastructure in the county that is a State-approved source of
Renewable Natural Gas (RNG) and energy from organic waste. Jurisdictions that use
vehicles running on RNG procured from non-approved sources cannot count that RNG
towards fulfillment of their procurement requirement.
Response: The City of Huntington Beach agrees with this finding.
F8. The formula used by the State to calculate a jurisdiction's procurement target does not
account for a jurisdiction's population density or geographic size (square miles). As such,
meeting the annual procurement target presents a significant challenge for most
jurisdictions.
Response: The City of Huntington Beach agrees with this finding.
F9. Many Orange County jurisdictions were unable to meet the requirement in SB 1383 to
reduce organic waste sent to landfills by the 2020 deadline. It is unlikely the required
seventy-five percent reduction will be achieved by the 2025 deadline.
Response: The City of Huntington Beach disagrees with this finding. Upon full implementation of
SB 1383 programs, the City intends to attain the maximum reduction of organic waste to landfill
possible for our jurisdiction. The City understands that the 75% reduction in organic waste sent
to landfills is a statewide goal and not intended to be an organic waste reduction goal for the City
of Huntington Beach.
F10.The current procurement requirements mandated by SB 1383 are unrealistic and likely
unachievable by most jurisdictions.
Response: The City of Huntington Beach agrees with this finding.
RECOMENDATIONS
Below is the City of Huntington Beach status on recommendations made within the Talking Trash:
Recyclables and Organic Waste, dated June 11, 2024.
R1. All jurisdictions should expedite the acquisition and distribution of residential
containers that meet the CalRecycle standardized colors. Additionally, until the compliant
containers can be distributed, all jurisdictions should ensure the distribution of labeling
Office: (714) 536—5553 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov
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for non-compliant containers that explain the current SB 1383 requirements applicable to
their jurisdiction by June 30, 2025.
Response: This recommendation is being implemented. To date, 100% of our blue recycling
containers are SB 1383 color- and label-compliant. Labels are updated periodically when
accepted materials change or when requested to replace worn/damaged. Since January 1, 2022,
our brown trash containers (also known as landfill) are gradually being replaced through regular
replacement of damaged containers with color- and label-compliant black containers. Our green
residential organics containers are 100% color-compliant and will be label-compliant upon full
implementation of SB 1383 food waste collection. The City intends that 100% of its residential
containers will be color- and label-compliant by January 1, 2036 as required by CalRecycle.
R2. By December 31, 2024, all jurisdictions should ensure their waste hauling agreements
are in compliance with State statute so that haulers may be designated to perform certain
required tasks but are not improperly delegated overall responsibility for compliance.
Additionally, all jurisdictions should ensure that any fines collected by a hauler are
forwarded to the jurisdiction.
Response: This recommendation is in process. The City is currently negotiating a SB 1383
compliant agreement with its franchised hauler, Republic Services. The City does not intend to
improperly delegate responsibility for overall compliance or for assessing residential fines to its
hauler.
R3. The OCGJ recommends that all jurisdictions utilize a dedicated waste and recycling
enterprise fund for collection of fines for non-compliance with SB 1383 by December 31,
2024.
Response: The City of Huntington Beach will consider this recommendation. The City is solely
responsible to determine the disposition of fines for non-compliance with SB 1383 into its
appropriate accounts and based in part on its costs for assessing and collecting those fines.
R4. By December 31, 2024, all jurisdictions should diversify the methods and media used
for education and outreach to include, among others, various social media platforms,
emails to residents, newspaper, television, flyer mailings, community events, and
appearances at other public gatherings.
Response: This recommendation is fully implemented. The City of Huntington Beach provides
education and outreach through various media types including electronically on its website, via
social media, electronic newsletters, in-person at community events, and in print via utility bill
inserts and regular mail.
R5. By December 31, 2024, and in order to gauge the effectiveness of their education and
outreach efforts, all jurisdictions should develop new methods to engage residents
directly to help determine their awareness of the requirements associated with SB 1383,
such as surveys, online quizzes, and door-to-door polling.
Response: This recommendation will be implemented upon full implementation of SB 1383.
R6. By June 30, 2025, the OCGJ recommends that all jurisdictions participate in the
OCW&R-led efforts to develop a coordinated county-wide approach to the organics
recycling infrastructure and programs as well as procurement requirements associated
with SB 1383, working towards creating circular economy as a long-term goal.
Office: (714)536—5553 I 2000 Main Street, Huntington Beach,CA 92648 I www.huntingtonbeachca.gov
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Response: This recommendation is fully implemented to the extent realized by OCWR. City of
Huntington Beach staff and hauler staff attend all regional meetings and discussions hosted by
OC Waste & Recycling and participate with OCWR on county-wide SB 1383 implementation
goals.
R7. By December 31, 2024,the Orange County Board of Supervisors and all Orange County
cities should lobby appropriate members of the State Legislature and/or CalRecycle to
revise the organic waste diversion targets to better reflect Orange County's waste
amounts, revise the jurisdictions' procurement requirements to better represent the
limited options currently available for procurement, the jurisdictions' varying populations,
population densities, and geographic size, and to delay associated enforcement actions
by the State.
Response: The City of Huntington Beach will consider this recommendation. The Huntington
Beach City Council is the City's legislative authority and sets the City's policies and priorities as
approved by a majority vote of its 7 members.
Should you have any questions or require further information please do not hesitate to reach out
to Senior Management Analyst, Debra Jubinsky, at 714-374-5321 or diubinsky(a�surfcity-hb.orq.
Sincerely,
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Gracey Van Der Mark
Mayor
Cc: Eric G. Parra, Interim City Manager
Office: (714)536—5553 I 2000 Main Street, Huntington Beach,CA 92648 I www.huntingtonbeachca.gov