Merced County, CA leaders wary of statewide recycling mandate

Merced County leaders say they’re wary of how a statewide recycling mandate will play out locally — and aren’t afraid to combat the state if the cost is too high.

Senate Bill 1383, signed by then-Gov. Jerry Brown in 2016, is meant to fight against climate change by reducing organic waste going to landfills that breaks down and creates methane emissions. The bill also aims to bridge the gap between the millions of tons of food wasted annually and the millions of food insecure Californians.

“SB 1383 is widely regarded as the biggest solid waste legislation to hit pretty much anywhere, ever,” said HF&H Consultants Project Manager Philip Mainolfi at Tuesday’s Board of Supervisors meeting.

The plan puts in motion an initiative to cut organic waste disposal by 75% and minimize wasted food by 20% by 2025. The hope is that reductions will slash emissions of methane, a super-polluter that contributes to climate change-related crises like severe wildfire, drought and rising sea levels.

“Processing the material is more expensive than landfilling it,” Mainolfi said. “So ultimately, there will be rate increases for this. Not just here, but statewide”

But local supervisors say the state overlooked the burden it will put on rural counties like Merced that lack the resources or infrastructure to accomplish the bill’s mandates, especially without substantial state funding.

The first step in getting Merced County in compliance with SB 1383 sputtered to a near stall Tuesday, as all five Board of Supervisors members remained silent rather than approve the plan.

The vote only moved forward after county staff clarified that the board’s role was a logistic step to get the plan in motion. Supervisors will again have the opportunity to support or oppose it once a more concrete proposal returns for to the board consideration in fall.

Then, residents and businesses in Merced County’s unincorporated areas will get a better idea of how the statewide bill will impact their own monthly collection rates.

“A yes vote today is following the process,” County Supervisor Scott Silveira said Tuesday. “But if the costs come back and they’re too burdensome, I won’t support it.”

“At that point we have to have a hard discussion whether we’re going to get into a lawsuit with the state of California for unfairly taxing our residents, and how far we want to take it,” Silveira added. “I’m willing to have that discussion.”

What happens if Merced County doesn’t comply?

Despite local leaders’ qualms, the state appears ready to crack down on jurisdictions who refuse to comply with the bill. Counties that don’t observe the mandate could incur fines up to $10,000 per violation per day, based on the level of severity.

The list of potential violations are hefty, too, as the bill’s mandates go far beyond additional recycling cans and less wasted food.

The county must also annually procure about 7,650 tons of recycled and recovered organic material like compost and mulch, according to county staff. Paper products like writing and printing material will eventually have to be sourced from recycled-content as well.

The next two years function as a grace period for monitoring and education. But come 2024, the state will get serious.

Merced County will then have to act as a “trash police” as well, administering notices of violation and penalties when the rules aren’t followed. Turning a blind eye could result in a $10,000 fine per day until rectified.

“As you heard, there’s some substantial penalties,” County Director of Public Works Dana Hertfelder said Tuesday. “We still have to comply with SB 1383.”

Staff will be applying to a low-population waiver from organic waste collection for areas with a density of less than 27 individuals per square mile, according to county documents.

Timeline, next steps and what residents should expect

Merced County currently collects refuse from unincorporated areas in one bin with a standard collection rate of $17 to $25 per month. Residents have the option to add a recycling can, too.

One of SB 1383’s most visible changes will be mandatory organic waste collection for all residents and businesses.

Options include either a three-can method with a blue recycling, green organics and black landfill containers or a two-can system where organic waste or recyclables are separated from other materials.

The county recommended the two cart method for residents and businesses located in unincorporated areas in Merced County’s west side, serviced by Gilton Solid Waste Management. A three-cart system was suggested for both the east side, serviced by Winton disposal, and a section of Dos Palos, serviced by Mid Valley disposal.

Regardless of the number of containers, the change will mean increased refuse service, more processing requirements and additional infrastructure. But refuse collection fee increases will vary depending on the number of containers and the hauler servicing the area, county staff said.

The board’s action on Tuesday gave county staff the green light to start negotiating with local refuse haulers. Staff will eventually return in fall with a clearer picture of how fees will change.

The county will also apply for the estimated $122,000 it is eligible to receive as part of grant funding to achieve SB 1383. No additional outside funds to offset the cost have been identified.

If all goes as expected, the two and three container organic waste collection will begin in January of 2023. That is, unless enough Board of Supervisors members reject the plan.

While it remains to be seen how negotiations with refuse haulers will play out — and whether board members’ opinions could be swayed — three of the county’s five Supervisors voiced misgivings about the bill on Tuesday. Supervisors Daron McDaniel and Lloyd Pareira joined in echoing Silveira’s doubts.

“To me, this is a terrible law, at least for Merced County, because its going to put an undue burden on folks who are struggling to pay their rent or their utilities already,” Pareira said.