City of San Clemente Office of the Mayor Victor Cabral Mayor*

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. City Response: Agree based on the grand jury report, but the City of San Clemente has limited knowledge of other cities solid waste and recycling contracts. In addition, it may be challenging for compliance since there have there have been supply chain issues with obtaining new containers according to the City's hauler. Funding and Enforcement

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. City Response: Agree based on the grand jury report, but the City of San Clemente has limited knowledge of other cities solid waste and recycling contracts. However, the City of San Clemente collects and retains any fines imposed on customers related to compliance.

All jurisdictions will eventually start collecting fines from residents for non- compliance, 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. City Response: Agree based on the grand jury report, but the City of San Clemente has limited knowledge of what other cities are doing with collected fines or their intentions. However, the City of San Clemente fines go directly into the City's solid waste and recycling enterprise fund. Education and Outreach

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. City Council 910 Calle Negocio, San Clemente, CA 92673 http://san-clemente.org Exhibit A City Response: Agree; however, the City of San Clemente has not conducted an independent survey to confirm this finding.

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. City Response: Agree; however, the City of San Clemente has not conducted an independent survey to confirm this finding for jurisdictions. Procurement of Recovered Organic Waste Products

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. City Response: Agree; the City of San Clemente's organic waste is transported to Perris, CA for processing.

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. City Response: Disagrees Partially because the City of San Clemente has limited knowledge or RNG infrastructure. However, the City of San Clemente's hauler is producing RNG from the City's organic waste in Perris, CA and diverting the RNG to Edison. In return, the hauler receives credits toward RNG fueling stations throughout the state.

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. City Response: Agree. City Council 910 Calle Negocio, San Clemente, CA 92673 http://san-clemente.org Exhibit A

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. City Response: Agree; however, the City of San Clemente is currently diverting seventy one percent and believes seventy five percent is achievable with the addition of multifamily organic waste diversions.

The current procurement requirements mandated by SB 1383 are unrealistic and likely unachievable by most jurisdictions. City Response: Agree; however, the City of San Clemente has not conducted an independent survey to confirm this finding.