Cal. Code Regs. Tit. 14, § 18993.1 - Recovered Organic Waste Product Procurement Target
(a) Except as otherwise provided, commencing
January 1, 2022, a jurisdiction shall annually procure a quantity of recovered
organic waste products that meets or exceeds its current annual recovered
organic waste product procurement target as determined by this article. For the
purposes of this section, "jurisdiction" means a city, a county or a city and
county.
(b) On or before January 1,
2022, and on or before January 1 every five years thereafter, the Department
shall recalculate the annual recovered organic waste product procurement target
for each jurisdiction according to the requirements of Subdivision
(c).
(c) Each jurisdiction's
recovered organic waste product procurement target shall be calculated by
multiplying the per capita procurement target by the jurisdiction population
where:
(1) Per capita procurement target =
0.08 tons of organic waste per California resident per year.
(2) Jurisdiction population equals the number
of residents in a jurisdiction, using the most recent annual data reported by
the California Department of Finance.
(d) Annually, the Department shall provide
notice to each jurisdiction of its annual recovered organic waste product
procurement target by posting such information on the Department's website and
providing written notice directly to the jurisdiction.
(e) A jurisdiction shall comply with
Subdivision (a) by one or both of the following:
(1) Directly procuring recovered organic
waste products for use or giveaway.
(2) Requiring, through a written contract or
agreement, that a direct service provider to the jurisdiction procure recovered
organic waste products and provide written documentation of such procurement to
the jurisdiction.
(f) For
the purposes of this article, the recovered organic waste products that a
jurisdiction may procure to comply with this article are:
(1) Compost, subject to any applicable
limitations of Public Contract Code Section 22150, that is produced at:
(A) A compostable material handling operation
or facility permitted or authorized under Chapter 3.1 of this division;
or
(B) A large volume in-vessel
digestion facility as defined and permitted under Chapter 3.2 of this division
that composts on-site. [NOTE: Digestate, as defined in Section
18982(a) (16.5),
is a distinct material from compost and is thus not a recovered organic waste
product eligible for use in complying with this Article.]
(2) Renewable gas used for fuel for
transportation, electricity, or heating applications.
(3) Electricity from biomass
conversion.
(4) Mulch, provided
that the following conditions are met for the duration of the applicable
procurement compliance year:
(A) The
jurisdiction has an enforceable ordinance, or similarly enforceable mechanism,
that requires the mulch procured by the jurisdiction to comply with this
article to meet or exceed the physical contamination, maximum metal
concentration, and pathogen density standards for land application specified in
Section 17852(a)
(24.5)(A)1. through 3. of this division; and
(B) The mulch is produced at one or more of
the following:
1. A compostable material
handling operation or facility as defined in Section
17852(a)(12),
other than a chipping and grinding operation or facility as defined in Section
17852(a)(10),
that is permitted or authorized under this division; or
2. A transfer/processing facility or
transfer/processing operation as defined in Sections
17402(a)(30) and
(31), respectively, that is permitted or
authorized under this division; or
3. A solid waste landfill as defined in
Public Resources Code Section 40195.1 that is permitted under Division 2 of
Title 27 of the California Code of
Regulations.
(g) The following conversion factors shall be
used to convert tonnage in the annual recovered organic waste product
procurement target for each jurisdiction to equivalent amounts of recovered
organic waste products:
(1) One ton of
organic waste in a recovered organic waste product procurement target shall
constitute:
(A) 21 diesel gallon equivalents,
or "DGE," of renewable gas in the form of transportation fuel.
(B) 242 kilowatt-hours of electricity derived
from renewable gas.
(C) 22 therms
for heating derived from renewable gas.
(D) 650 kilowatt-hours of electricity derived
from biomass conversion.
(E) 0.58
tons of compost or 1.45 cubic yards of compost.
(F) One ton of
mulch.
(h)
Renewable gas procured from a POTW may only count toward a jurisdiction's
recovered organic waste product procurement target provided the following
conditions are met for the applicable procurement compliance year:
(1) The POTW receives organic waste directly
from one or more of the following:
(A) A
compostable material handling operation or facility as defined in Section
17852(a)(12),
other than a chipping and grinding operation or facility as defined in Section
17852(a)(10),
that is permitted or authorized under this division; or
(B) A transfer/processing facility or
transfer/processing operation as defined in Sections
17402(a)(30) and
(31), respectively, that is permitted or
authorized under this division; or
(C) A solid waste landfill as defined in
Public Resources Code Section 40195.1 that is permitted under Division 2 of
Title 27 of the California Code of Regulations.
(2) The POTW is in compliance with the
exclusion described in Section
17896.6(a)(1).
(3) The jurisdiction receives a record from
the POTW documenting the tons of organic waste received by the POTW from all
solid waste facilities described in subsection (h)(1) above.
(4) The amount of renewable gas a
jurisdiction or jurisdictions procured from the POTW for fuel, electricity or
heating applications is less than or equal to the POTW's production capacity of
renewable gas generated from organic waste received at the POTW directly from
solid waste facilities as determined using the relevant conversion factors in
Subdivision (g).
(5) The POTW
transported less than 25 percent of the biosolids it produced to activities
that constitute landfill disposal.
(i) Electricity procured from a biomass
conversion facility may only count toward a jurisdiction's recovered organic
waste product procurement target if the biomass conversion facility receives
feedstock directly from one or more of the following during the duration of the
applicable procurement compliance year:
(1) A
compostable material handling operation or facility as defined in Section
17852(a)(12),
other than a chipping and grinding operation or facility as defined in Section
17852(a)(10),
that is permitted or authorized under this division; or
(2) A transfer/processing facility or
transfer/processing operation as defined in Sections
17402(a)(30) and
(31), respectively, that is permitted or
authorized under this division; or
(3) A solid waste landfill as defined in
Public Resources Code Section 40195.1 that is permitted under Division 2 of
Title 27 of the California Code of Regulations.
(j) If a jurisdiction's annual recovered
organic waste product procurement target exceeds the jurisdiction's total
procurement of transportation fuel, electricity, and gas for heating
applications from the previous calendar year as determined by the conversion
factors in Subdivision (g), the target shall be adjusted to an amount equal to
its total procurement of those products as converted to their recovered organic
waste product equivalent from the previous year consistent with Subdivision
(g).
(k) A jurisdiction shall
identify additional procurement opportunities within the jurisdiction's
departments and divisions for expanding the use of recovered organic waste
products.
(l) Rural counties, and
jurisdictions located within rural counties that are exempt from the organic
waste collection requirements pursuant to Section
18984.12(c), are
not required to comply with the procurement requirements in this Section from
January 1, 2022-December 31, 2026.
Notes
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Sections 39730.6 and 39730.8, Health and Safety Code.
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