HomeMy WebLinkAboutReg 2023-04-03 Item 4C - Ordinance - New TMC Chapter 6.10 "Compost Procurement"COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
03/27/23
JR
Procurement Ordinance
03/27/23
04/03/23
JR
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY 11 Discussion
1
Mtg Date
Mtg
SPONSOR ❑Council Mayor HR DCD ❑Finance Fire TS P&R ❑Police PIV Court
SPONSOR'S In 2022, the Washington State Legislature passed House Bill (HB) 1799, intended to
SUMMARY achieve a 75% reduction of food and yard waste in landfills by 2030 statewide. The
proposed Ordinance states that the City shall purchase finished compost products for which
compost is an appropriate material in City projects or on City land, to develop strategies to
inform the public about the value of compost and how compost is used in government
operations, and report to the DOE. Council is being asked to approve the ordinance.
ITEM INFORMATION
ITEMNO.
4.C.
1
STAFF SPONSOR: GRIFFIN LERNER
ORIGINAL AGENDA DATE: 03/27/23
AGENDA ITEM TITLE
Compost
Procurement Ordinance
03/27/23
Motion
Date 04/03/23
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY 11 Discussion
1
Mtg Date
Mtg
SPONSOR ❑Council Mayor HR DCD ❑Finance Fire TS P&R ❑Police PIV Court
SPONSOR'S In 2022, the Washington State Legislature passed House Bill (HB) 1799, intended to
SUMMARY achieve a 75% reduction of food and yard waste in landfills by 2030 statewide. The
proposed Ordinance states that the City shall purchase finished compost products for which
compost is an appropriate material in City projects or on City land, to develop strategies to
inform the public about the value of compost and how compost is used in government
operations, and report to the DOE. Council is being asked to approve the ordinance.
REVIEVG'ED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: TOSH SHARP
❑ LTAC
DATE: 03/20/23
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Forward to the Committee of the Whole and Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/27/23
Forward to next Regular Meeting Consent Agenda
04/03/23
MTG. DATE
ATTACHMENTS
03/27/23
Informational Memorandum dated 03/17/23
Ordinance Establishing Compost Regulations
Washington House Bill 1799
Minutes from Transportation and Infrastructure Committee meeting of 03/20/23
04/03/23
Final ordinance
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ESTABLISHING A NEW
CHAPTER 6.10 OF THE TUKWILA MUNICIPAL CODE
(TMC) ENTITLED, "COMPOST PROCUREMENT," TO
ADOPT A CITY POLICY FOR THE PROCUREMENT OF
COMPOST AS REQUIRED BY CHAPTER 43.19A RCW;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, in 2022, the Washington State Legislature passed House Bill 1799, which
included a requirement that cities and counties adopt a policy for the procurement of
compost as required by Chapter 43.19A RCW; and
WHEREAS, as more organic materials are diverted and recycled, it is critical that the
compost manufactured be procured by local jurisdictions and others in order to support
the economic viability of these processes and programs; and
WHEREAS, it is well established that compost production and use provide significant
environmental benefits to the City's soil and food; and
WHEREAS, the City Council desires to adopt new requirements to divert organic
material from its regional landfill and support end markets for those products because this
is an essential part of reducing waste; and
WHEREAS, the City Council hereby finds that the Tukwila Municipal Code
amendments set forth herein are in the best interest of the public health, safety and
welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
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Section 2. Chapter 6.10 of the Tukwila Municipal Code Established. A chapter of
the Tukwila Municipal Code (TMC) entitled "Compost Procurement," to be codified as TMC
Chapter 6.10, is hereby established to read as follows:
CHAPTER 6.10
COMPOST PROCUREMENT
Sections:
6.10.010 Intent and Purpose
6.10.020 Definitions
6.10.030 General Policy
6.10.040 Local Purchasing
6.10.050 Planning
6.10.060 Education
6.10.070 Reporting
Section 3. Regulations Established. A new TMC Section 6.10.010 is hereby
established to read as follows:
6.10.010 Intent and Purpose
The purpose of this chapter is to establish regulations regarding the procurement of
compost.
Section 4. Regulations Established. A new TMC Section 6.10.020 is hereby
established to read as follows:
6.10.020 Definitions
"Finished compost product" means a product created with "composted material" as
defined in RCW 70A.205.015(3). Finished compost products include, but are not limited
to, 100% finished compost, or blends that include compost as a primary ingredient. Mulch
is considered a finished compost product if it contains a minimum of 60% composted
material. Bark is not a finished compost product.
Section 5. Regulations Established. A new TMC Section 6.10.030 is hereby
established to read as follows:
6.10.030 General Policy
The City shall purchase finished compost products for which compost is an
appropriate material in City projects or on City land.
Section 6. Regulations Established. A new TMC Section 6.10.040 is hereby
established to read as follows:
6.10.040 Local Purchasing
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The City shall purchase finished compost products from companies producing
compost locally, that are certified by a nationally recognized organization, such as the
United States Composting Council, and that produce finished compost products derived
from municipal solid waste compost programs while meeting quality standards adopted
by the Department of Transportation or adopted by rule by the Department of Ecology.
Section 7. Regulations Established. A new TMC Section 6.10.050 is hereby
established to read as follows:
6.10.050 Planning
A. In order to meet the general policy set forth in TMC Section 6.10.030, the City
shall plan for the use of compost in the following categories:
1. Landscaping projects;
2. Construction and postconstruction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote vegetative
growth, or improve the stability and longevity of roadways; and
4. Low -impact development of green infrastructure to filter pollutants to keep
water onsite or both.
B. This plan will be re -assessed by December 31, 2024, and each December 31st
of even -numbered years thereafter as part of its reporting obligations per TMC Section
6.10.070.
Section 8. Regulations Established. A new TMC Section 6.10.060 is hereby
established to read as follows:
6.10.060 Education
The City shall conduct educational outreach to inform residents about the value of
compost and how the City uses compost in its operations each year.
Section 9. Regulations Established. A new TMC Section 6.10.070 is hereby
established to read as follows:
6.10.070 Reporting
By December 31, 2024, and each December 31st of even -numbered years
thereafter, the City shall report the following information to the Department of Ecology:
1. The total tons of organic material diverted each year;
2. The volume and cost of composted material purchased each year; and
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3. The source(s) of the finished compost product purchased.
Section 10. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of scrivener's errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 11. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 12. Effective Date. This ordinance ora summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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