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HomeMy WebLinkAbout2023-003 Ordinance amending Chapter 1.80 of the Yakima Municipal Code to add compost procurement requirements in compliance with RCW 43.19A.150ORDINANCE NO. 2023-003 AN ORDINANCE amending Chapter 1.80 of the City of Yakima Code to add a compost procurement requirement in compliance with RCW 43.19A.150. WHEREAS, the Washington State Legislature recently enacted House Bill 1799, which requires that cities and counties with populations greater than 25,000, and with existing organics collection services, shall adopt a compost procurement ordinance to implement RCW 43.19A.120; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.80 City of Yakima Code Amended. Chapter 1.80 City of Yakima Code is amended to add a new City of Yakima Code 1.80.050 as proved below: 1.80.050 — Compost Procurement A. For the purpose of this section, the definitions set forth in RCW 43.19A.010 shall apply, unless the context clearly requires otherwise. B. When planning City -funded projects or soliciting and reviewing bids for such projects, City departments shall identify whether compost can be utilized in a City project. In the event that compost can be utilized, City departments shall require purchase of compost for use in City projects C. The City shall plan for the use of composted material in the following categories: 1. Landscaping projects; 2. Construction and post -construction soil amendments; 3. Applications to prevent erosion, filter storm water runoff, promote vegetation growth, or improve the stability and longevity of roadways; and 4. Low -impact development and green infrastructure to filter pollutants and keep water on -site, or both. D. Notwithstanding subsection B and C of this section, City departments are not required to use compost product if: 1. Compost products are not available within a reasonable time or distance from the project; 2. Compost products that are available do not comply with existing purchasing standards; 3. Compost products that are available do not comply with Federal, state or local health, quality and safety standards; or 4. Compost purchase prices are not reasonable or competitive. E. City departments shall give priority to purchasing compost products from companies that: 1. Produce compost products locally; 2. Are certified by nationally recognized organization like the US Composting Council; and 3. Produce compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the department of transportation or adopted by rule by the department of ecology. F. City departments that use compost shall report the following information to the public works department by the each December 15: 1. The volume and cost of compost purchased by the City department in that year; and 2. The source or sources of the compost purchased by the city department in that year. G. The public works department is responsible for: 1. Providing technical assistance and education regarding the use of food and yard waste compost to City departments and staff; 2. Conducting educational outreach to inform residents and businesses about the value of food and yard waste compost and how the City uses compost in its operations each year; and 3. Reporting the total estimated tons of organic material diverted from the City's waste stream because of compost use under this section. H. By December 31, 2024, and each December 31st of even -numbered years thereafter, the City shall submit a report to the Department of Ecology that contains the following information: 1. The total tons of organic materials diverted throughout the year; 2. The volume and cost of compost purchased throughout the year; and 3. The source or sources of the compost. Section 2. Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court or compete jurisdiction, or its application held inapplicable to any person, property, or circumstance, such invalidity or unconstitutional shall not affect the validity of any other section, sentence, clause, or phrase of this Ordinance or its application to any other person, property, or circumstance. Section 3. Publication and Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 17th day of January, 2023,. :0 Janice Deccio, Mayor ATTEST: Son aClaar Tee, City Cle Publication Date: January 20, 2023 Effective Date: February 19, 2023 1 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.K. For Meeting of: January 17, 2023 Ordinance amending Chapter 1.80 of the Yakima Municipal Code to add compost procurement requirements in compliance with RCW 43.19A.150 SUBMITTED BY: Susan Knotts, Buyer II Jennifer Ferrer -Santa Ines, Finance Director SUMMARY EXPLANATION: Washington State Legislature recently enacted House Bill 1799, which requires that cities and counties with populations greater than 25,000, and with existing organics collection services, shall adopt a compost procurement ordinance to implement RCW 43.19A.120. ITEM BUDGETED: NA STRATEGIC PRIORITY: NA APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass ordinance ATTACHMENTS: Description Upload Date Type D ord 1 / 12/2023 Corer Memo 0 Memo -Compost Ordinance 12/30/2022 Corer Memo 4 " ,fi- Purchasing Division :�: Memo To: City Council Bob Harrison, City Manager Scott Schafer, Public Works Director Jennifer Ferrer-Santa Ines, Finance Director From: Susan Knotts, Buyer II* Date: December 30, 2022 Re: Ordinance for Compost Procurement Requirements and Addition to City Municipal Code 1.80 Due to the passing of House Bill 1799, Organic Materials Management, which requires Cities with populations greater than 25,000 to adopt a Compost Procurement Ordinance (CPO) Purchasing will be putting through an Ordinance to amend the City's Code. This Ordinance will require coordination between Purchasing and Public Works while soliciting projects and reviewing bids. This law requires the City to identify whether compost can be utilized in City funded projects and if so, require the use of compost products in projects such as; landscaping, post-construction soil amendments, applications to prevent erosion, filter storm water runoff, promote vegetation growth, improve stability and longevity of roadways, and green infrastructure. A big part of this law is reporting. As outlined in this Ordinance, this law requires that City departments using compost materials are to report the volume and cost of compost purchased in a year along with the source(s) of the compost to the Public Works Department. The Public Works Department is also required to submit a report to the Department of Ecology every two years starting December 31, 2024, on; total tons of organic materials diverted and the volume and cost of compost purchased throughout the year and the source(s). I have attached a draft of the Ordinance. This will be presented to Council on January 17, 2022, during their regular scheduled meeting. If you have any questions about this Ordinance, please let me know. Susan Knotts,CPPO,CPPB, NIGP-CPP Buyer II, Purchasing Division Office:509-575-6095 Susan.Knotts@a YakimaWA.Gov