To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Memorandum of Understanding with West Contra Costa Integrated Waste Management Authority
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a Memorandum of Understanding (MOU) with the West Contra Costa Integrated Waste Management Authority (RecycleMore) requiring RecycleMore to perform some of the County’s regulatory obligations pertaining to reduction of organic waste disposal within the County/Richmond Sanitary Service (RSS) Franchise Area.
FISCAL IMPACT:
There is no impact to the General Fund. RecycleMore receives post-collection rate revenue from Republic Services to fund a portion of the RecycleMore’s operating expenses, which includes, but is not limited to, costs of regulatory compliance activities related to the passage of the Short-lived Climate Pollutant Reduction Act (SB 1383).
BACKGROUND:
In 2016, Governor Jerry Brown signed into law the Short-lived Climate Pollutant Reduction Act (SB 1383). SB 1383 required CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations developed by CalRecycle under SB 1383 will be referred to as the “SB 1383 Regulations”.
The SB 1383 Regulations require counties, cities, and other local jurisdictions to adopt enforceable ordinances or other enforceable mechanisms to mandate that organic waste generators, haulers, and other entities comply with various requirements aimed at reducing the disposal of organic waste. The SB 1383 Regulations applicable to jurisdictions relate to organic waste collection services, inspection of waste containers for prohibited contaminants, regulation of commercial edible food generators, provision of education and outreach information to generators, reporting to CalRecycle on compliance with the SB 1383 Regulations, and maintenance of records of compliance with SB 1383 Regulations.
Under the SB 1383 Regulations, the County may designate a public or private entity to fulfill certain County responsibilities under the SB 1383 Regulations through an agreement such as a memorandum of understanding. The proposed MOU delegates to RecycleMore the County’s obligations related to organic waste collection service requirements, inspection of waste containers for prohibited contaminants, inspection of commercial edible food generators, provision of education and outreach information to generators, assistance with capacity planning and requires RecycleMore to provide information to County for reporting to CalRecycle on compliance with the SB 1383 Regulations and maintain records of compliance with SB 1383 Regulations.
The RecycleMore Board of Directors approved this MOU and a similar MOU with the City of Pinole at its February 8, 2024, meeting. RecycleMore plans to enter into similar MOUs with the other member cities (Hercules, San Pablo, El Cerrito, and Richmond).
The County does not compensate RecycleMore under this MOU because RecycleMore receives revenue from Republic Services (parent company to RSS) customers to pay for these activities. Rates charged to the Republic Services customers in the unincorporated County/RSS Franchise Area include a post-collection rate. The post-collection rate covers the cost of services associated with the management of waste after it is collected. RecycleMore sets a post-collection rate each year, which includes a regulatory compliance component. This portion of the post-collection rate generates revenues for RecycleMore’s SB 1383 compliance activities, including regulatory requirements pertaining to organic waste disposal. All costs to perform responsibilities delegated in this MOU are covered under the post-collection rates charged to customers located in the unincorporated West County area served by Republic Services under the County/RSS Franchise Area.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the MOU, RecycleMore will not be obligated to provide needed SB 1383 regulatory compliance assistance in the County/RSS Franchise Area. The County would then be fully obligated to perform all the associated work instead.