(a). The purpose of this Ordinance is to comply with certain state laws requiring cities, counties, and special districts providing solid waste collection services to adopt ordinances and take other measures to reduce the amount of organic and recyclable materials deposited in landfills from commercial and residential generators, more specifically the Short-Lived Climate Pollutants Organic Waste Reduction regulations adopted pursuant to Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations (the "SB 1383 Regulations").

(b). The City of Berkeley is a member of the Alameda County Waste Management Authority ("WMA"). The WMA is a joint powers agency comprised of all the cities in Alameda County, the County, and two sanitary districts.

(c). The SB 1383 Regulations require cities, counties, and special districts providing solid waste collection services to adopt and enforce an ordinance or other enforceable mechanism applicable to residents and businesses generating or processing solid waste to implement relevant provisions of the SB 1383 Regulations. In response to this mandate, the WMA’s member agencies requested that it adopt an ordinance to establish a uniform and comprehensive countywide system to establish the local regulations required by the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations.

(d). On July 28, 2021 the WMA adopted the Organics Reduction and Recycling Ordinance ("ORRO"), Ordinance 2021-01. A copy of the Ordinance is attached as Exhibit A and is posted online at www.StopWaste.org/Rules (Direct link: https://www.stopwaste.org/sites/default/files/ORRO_Ordinance2021- 02_Adopted.pdf). In order for the ORRO to apply in the City of Berkeley, the City of Berkeley must adopt an ordinance declaring that it will apply within the City of Berkeley.

(e). The City of Berkeley wishes the ORRO to apply in Berkeley.

(f). The ORRO provides jurisdictions with the option to grant enforcement authority over various of its provisions to agencies specified in the ORRO. (Ord. 7790-NS § 1 (part), 2021)