District of Columbia Chapter Testifies at Oversight Hearing on the Department of Public Works, Committee on Public Works and Operations, Wednesday, February 15, 2023
Introduction
Councilmember Nadeau, thank you for the opportunity to testify at this performance oversight hearing on the Department of Public Works (DPW). Allow me to also thank you for your leadership in leading the Committee on Public Works and Operations. My name is Susan Schorr and I am the chair of the Sierra Club District of Columbia Chapter’s Zero Waste Committee. The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. the DC Chapter has approximately 3,000 dues-paying members in the District and many thousands of supporters.
I will be testifying today on zero waste, fleet electrification and Vision Zero today.
DPW Leadership
Mayor Bowser was elected as DC Mayor in 2015. Since that time, there have been six Directors or Acting Directors of the District’s Department of Public Works. The Department has suffered under this revolving door leadership, and the District needs to find a leader for DPW who is committed to the organization and can put in place measures that will ensure that the agency meets its goals. DPW now has new leadership under Acting Director Timothy Spriggs. We greatly appreciate and are encouraged that one of his first acts was to meet with the environmental stakeholders and express his openness to learning about zero waste issues and collaborating with the environmental community. We would welcome learning more today about Mr. Spriggs’ vision for the District to fulfill the Mayor’s Sustainable DC goal of achieving 80 percent waste reduction by 2032, less than nine years from today, especially given the history of his predecessors’ apparent prioritization of writing reports and plans rather than focusing on implementation.
We also welcome that Mr. Spriggs called for community engagement, through a design charrette, on the renovation of the Benning Road transfer station. Our recommendations include providing a community wash facility to support reusable food ware and the collection, repair, and distribution of reusable household items and appliances at the renovated Benning Road Transfer Station. We welcome learning more about when this exercise will take place.
We understand that the Mayor conducted a national search for a DPW Director with zero waste experience, which we appreciate. Given this, we recommend that Director Spriggs take a more holistic approach to waste diversion, making it a central part of the Department’s waste management efforts, and ensuring that the person leading DPW’s waste management efforts has a strong professional zero waste background. The DPW of the past focused on leaf, snow, and trash removal along with parking enforcement. Today’s DPW also needs to adopt a holistic approach to waste management that looks to manage waste through responsible disposal as well as state-of-the-art composting, recycling, and reuse. Such an approach is needed to ensure that it moves the District toward leveraging zero waste measures to achieve climate change mitigation. We have to stop sending our trash—literally—up in smoke and thoughtlessly using finite resources with abandon. With Mr. Spriggs as Acting Director, we note what may be a new openness to community engagement, continuing education, and awareness building within DPW leadership; this should be applauded. At a minimum, we recommend that DPW leadership seek out and enroll in zero waste training (Some of the consultants that DPW hired to develop the Zero Waste DC Plan also provide zero waste training.), include zero waste experts in its leadership team, and share their knowledge with the Mayor’s team and other agencies responsible for waste diversion.
Zero Waste
Zero Waste DC Plan (ZWP)
DPW has been hard at work developing the Zero Waste DC Plan (ZWP). We appreciate that DPW hired some of the nation’s leading zero waste experts and held hours of online consultations with the public. As DPW denied the environmental community’s request for direct engagement with the consultants, the environmental community submitted written comments on the draft Zero Waste DC Framework both in October and December 2022, most of which remain relevant. For the sake of brevity, I won’t repeat them here. Suffice it to say that the last version we saw identified many worthwhile zero waste measures from reducing single-use plastic packaging, promoting reuse of household items, expanding composting and implementing a save-as-you-throw pilot. We are disappointed that the framework does not include support for a beverage container deposit-return law.
Our overarching concern is whether the ZWP will be implemented, given how long it’s taken to develop, and that, despite our recommendations to the contrary, DPW has indicated it needs to complete another plan, the Sustainable Solid Waste Management Plan, to have a roadmap for action. We strongly believe that any Sustainable Solid Waste Management Plan (SSWMP) should have zero waste as a guiding principle—not a separate focus. We believe that DPW’s and the Office of Waste Diversion’s (OWD’s) assertion that work on the implementation of the Zero Waste DC Plan cannot happen until a SSWMP is in place is misguided and unnecessary. The time for planning is over. The time for action is now.
We understand that DPW has further developed the framework ZWP document as a full-fledged plan and shared it with the Mayor’s Office and other agencies. While the framework version is the last iteration seen by the public last December, DPW informed us that the plan includes a cost-benefit analysis. Despite requests by the environmental community, DPW has declined to share this draft with us and requested that we wait patiently until the finalized plan is released to the public sometime around Earth Day 2023. We don’t understand why these important developments cannot be made available for comment by the environmental and stakeholder community which could share its experience and expertise relevant to the cost/benefit analysis. Is this something this Committee would wish to pursue? At a minimum, we would appreciate it if DPW shared some of the highlights of the latest version of the plan. For example, do measures to enable the District to meet its 80 percent waste diversion goal factor into the cost-benefit analysis as a benefit, and, if so, how is this measured? What has been the reaction from the executive branch? Have there been further developments related to infrastructure and services necessary to achieve the transition to reusable foodware?
Update the Mayor’s List of Recyclables and Compostables
While the Zero Waste DC Plan is being finalized, why can’t we start to take action on things we know—and have known for years—that need to be done such as the ubiquitous black plastic takeout containers that many restaurants use to fill takeout orders?
Even if they are marked with a resin code that is theoretically recyclable in the District, our understanding is that they are not recycled, in part because the sorting equipment can’t read the resin codes on their opaque surface and because the market for non-clear plastic is limited. Instead of continuing to wish-cycle these containers, it's time to update the Mayor’s List of Recyclables and Compostables so it’s clear that these are not recyclable. That would mean that restaurants would have to find containers that are either reusable, compostable or actually recyclable. We learned at the DOEE Quarterly Stakeholder Meeting on February 9th that the Mayor’s List of Recyclables and Compostables is due to be updated soon and that DOEE and DPW are in discussions on this matter. What is the timeline for updates to the Mayor’s List? While the dark plastic takeout containers are a priority, any upcoming review should more thoroughly examine our recycling stream to remove other materials for which there are no end markets and to ensure that we are not sending packaging corrupted by per- and polyfluoroalkyl substances (PFAS), including paper packaging, into our composting.
Implementation of the 2020 Zero Waste Omnibus Amendment Act
Much of my testimony related to the seeming lack of implementation of the 2020 Zero Waste Omnibus Amendment Act could simply repeat the Sierra Club’s testimony from last year. It still seems that the latest waste diversion report on the zerowaste.dc.gov web page dates from calendar year 2018. We have not heard of any developments related to glass separation and collection or a training program on source separation and waste reduction for janitorial staff and property managers, nor are we aware of any quarterly meetings with waste professionals and property managers. Again, when can we expect action and implementation versus more research and promises for action that continue to be kicked down the road?
Composting
Sierra Club has long used green as a symbol of the clean environment we seek to build and protect, but when it comes to composting issues in the District, we are increasingly green with envy. We’re jealous of the growing number of jurisdictions around the country that are rolling out their comprehensive composting programs, reaching all residents of their cities or counties.
Everywhere we look, we see other jurisdictions making investments in tried and true zero waste programs like composting. Our neighbors offer curbside composting. Arlington and Prince George's Counties ran compost pilots years ago and now offer this as an opt-in service to all residential customers. Montgomery County is in the midst of conducting a curbside compost pilot. The entire State of California has had curbside composting for years. Now Boston, MA; Denver, CO; and New York City offer curbside composting. We're so pleased for residents of these jurisdictions but frankly wondering if DPW or the OWD will implement similar programs. We wonder if the District will ever join this growing club of jurisdictions that understands composting is good for the climate, good for rat control and a key step in meeting waste diversion goals.
Politicians in other jurisdictions are also using their comprehensive composting programs to gain national attention in press conferences and their State of the City speeches. This includes New York City Mayor Adams and Boston Mayor Wu.
We understand that DPW is waiting for the District procurement office to complete one of three procurements in order to launch our curbside compost pickup pilot. Can we still expect its launch by Spring? If not, when will it start? Composting is new to a lot of District residents and will mean behavior change which can be supported by role models demonstrating the desired behavior. We’d like to suggest that the Mayor and Councilmembers participate in the compost pilot and share their experiences as community leaders to help drive uptake and adoption. This will also enable elected officials to test and help develop the program.
Our past testimony has repeatedly called for drop-off sites available in all Wards seven days a week, 24 hours a day. New York City is doing this with “smart compost drop-off bins, as featured in the link to Mayor Adam’s press conference above. The bins are available in traditionally underserved areas and the New York City sanitation department pledged they will be emptied daily. Couldn’t DPW start procuring bins like this—improving upon the New York program to ensure equitable access by residents without a smartphone—so that all District residents are able to drop off compost at their convenience and know the bins will be emptied daily?
A comprehensive compost program also requires food scrap source separation in multifamily residences, businesses, government facilities, and office buildings, as well as ensuring they actually get composted. Restaurants need to provide separate bins into which customers can scrape their food scraps and other compostables which again are actually composted. A step in this direction is the January 1, 2023 requirement in the Zero Waste Omnibus Amendment Act of 2020 for large retail and specified colleges and universities to start back-of-house composting. We would welcome updates from DPW on how they are conducting outreach to these entities and their plans to require additional entities to compost. The Zero Waste Omnibus Amendment Act extends this requirement to hospitals, nursing homes, chain grocery stores, arenas and stadiums and other entities beginning January 1, 2024.
The Healthy Schools Act, as codified in § 38–825.01 (a)(1)(J) of the District Code, calls for DC Public Schools to establish a composting program. We would appreciate it if DPW could report on the status of that program or invite the Department of Public Schools to report. It’s important for this committee to understand what diversion rate DC Public Schools have achieved due to compost programs. Our public schools and other government agencies and facilities impact whether we achieve our waste diversion goals.
Support funding for DOEE’s Ditch the Disposables Reusable Foodware Grant
The Department of Energy and the Environment (DOEE) Ditch the Disposables grant program was established by the 2020 Zero Waste Omnibus Amendment Act to provide incentives for food service entities to switch from disposable to reusable food ware. We understand, however, that DOEE can only attempt to fund this program through budget enhancements which other reviewing entities can and do delete from DOEE’s budget, and that the Council could act to provide continuing funding for this program. We are raising this in our testimony tomorrow on DOEE oversight and also request your support, Councilmember Nadeau, to continue and expand current levels of funding (now set at approximately $250,000 annually).
Electrification of the DC Fleet
The Climate Commitment Amendment Act of 2022, which strengthened the District’s greenhouse gas (GHG) emission reduction goals last year, requires all vehicle purchases or leases by the District government to be zero-emissions, starting in 2026, as part of the District’s goal to be carbon neutral by 2045.
We would like to see a plan with benchmarks and details from DPW to prepare for the new requirements and to transition its fleet of over 3,000 vehicles to all zero-emission vehicles by 2045.
Although DPW’s Fleet Management Administration has provided a fleet inventory, it would help to have a publicly available report - or better yet, an up-to-date dashboard - that breaks down vehicles by fuel type and indicates progress toward electrification and GHG emission reduction goals.
DOEE released its long-awaited Transportation Electrification Roadmap (TER) last August to help the District transition its local transportation modes to zero-emission vehicles by 2045.
We appreciated seeing a comprehensive set of recommendations that were time bound in the roadmap, including one to, “Analyze costs/benefits of the District’s fleet vehicles with the DRVE (Dashboard for Rapid Vehicle Electrification) Tool and other tools within six months of the Roadmap’s public release.” We’d like to see an update from DPW, which is listed as the lead agency responsible for this recommendation.
Parking enforcement
The District has committed to achieving Vision Zero, which is a systems safety approach to eliminating vehicle deaths on its streets. The District Department of Transportation says that DPW is among the agencies who “share the responsibility to ensure safe operations on our streets."
DPW’s parking enforcement responsibilities facilitate safe movement around DC by keeping bike lanes, crosswalks, vehicle lanes, and intersections clear, and by removing repeat offenders from our streets through towing and booting. Since we last addressed this committee, booting activity in particular has notably improved.
More can be done, though. The city of Hoboken, NJ, which is four times as dense as DC, credits its exceptional Vision Zero success to “daylighting” – ensuring that parked vehicles never block intersection sight lines.
There is also an urgent need for ticket reciprocity with jurisdiction across the region. We urge the Council to take urgent action on these matters.
Thank you again for the opportunity to testify at this DPW Performance Oversight Hearing.