Board advances mandatory recycling and composting ordinance after debate over enforcement

The San Francisco Board of Supervisors on Tuesday passed on first reading an ordinance that would require separation of recyclables, compostables and landfill trash for persons and businesses in the city and authorize enforcement mechanisms and an inspection fee.

Supervisor Ross Mirkarimi (referred to as the motion-maker at the hearing) introduced the ordinance and deferred to Jared Blumenfeld of the Department of the Environment, who presented two clarifying amendments and described the broad consensus that informed the legislation. Blumenfeld summarized non-substantive language changes designed to clarify responsibilities for commercial property owners and to specify containers for food vendors: "Owners and managers of commercial properties... shall be, and or their contractors will work with on-site janitors to create effective source separation programs" and added an exception for vendors that do not use disposable foodware for on-site consumption.

Supervisor Mark (transcript: "Supervisor Mark?") and other backers said the ordinance would move San Francisco closer to its zero-waste goals and praised collaboration with unions, custodians and the Building Owners and Managers Association. Supervisor Ellsberg objected and said he would not support the item, calling it "a little too big brother even for me" and warning that enforcement could be intrusive. Ellsberg expressed concerns that the program could lead to ticketing of residents and generate friction when staffing and other public services are being cut.

Supporters emphasized the ordinance's collaborative intent and the department's emphasis on education and compliance rather than punitive enforcement. Supervisor Bevan Dufty, after conferring with service providers including NorCal and Sunset Scavengers, said he believed the approach would be "not focusing as much on fining people, but recognizing that a lot of major commercial buildings... have not really provided opportunities for people to compost and recycle."

The board approved amendments offered at the hearing and then passed the item on a roll call vote; the clerk recorded 9 ayes and 2 noes and announced the ordinance passed on first reading. Amendments will be integrated into the ordinance language and implementing departments were asked to emphasize outreach, programming to build capacity for separation, and coordination with janitorial and waste-collection contractors.

The ordinance authorizes the Department of the Environment to require separation of materials, sets compliance expectations for property owners and food vendors, and authorizes an inspection fee to fund oversight and education.