To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Amended and Restated Addendum to Memorandum of Understanding with Central Contra Costa Solid Waste Authority
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute an Amended and Restated Addendum to Memorandum of Understanding (MOU) with the Central Contra Costa Solid Waste Authority (RecycleSmart) to increase the County’s payment amount to RecycleSmart by $60,000, for a total of $120,000, with no change to the agreement term, for RecycleSmart’s continuing performance of County regulatory obligations pertaining to reduction of organic waste disposal within the unincorporated portion of the RecycleSmart solid waste collection service area.
FISCAL IMPACT:
100% Grant funds. Under the proposed Amended and Restated Addendum (MOU) (attached as Exhibit B), the County would pay RecycleSmart an additional $60,000 ($120,000 total) from the County’s second, one-time SB 1383 Local Assistance Grant (Cycle 2), $459,414, awarded by California's Department of Resources Recycling and Recovery (CalRecycle).
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 going into landfills as a source of methane. The regulations developed by CalRecycle under SB 1383 are 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. SB 1383 Regulations applicable to jurisdictions generally address requirements applicable 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.
RecycleSmart is a joint powers authority that represents six member agencies: five cities and the County. RecycleSmart is currently the solid waste franchising authority within its territory and is already engaged in a number of activities to comply with some requirements contained in the SB 1383 Regulations on behalf of its members.
Under the SB 1383 Regulations, the County may designate a public or private entity to fulfill certain of its responsibilities under the SB 1383 Regulations through an agreement such as a memorandum of understanding. The original MOU (attached as Exhibit A), approved by RecycleSmart and the Board in 2023, delegated to RecycleSmart the County’s obligations related to organic waste collection service requirements, inspection of waste containers for prohibited contaminants, regulation of commercial edible food generators, provision of
education and outreach information to generators, enforcement, assistance with capacity planning, reporting to CalRecycle on compliance with the SB 1383 Regulations, and maintenance of records of compliance with SB 1383 Regulations.
The RecycleSmart Board of Directors approved the original MOU Addendum at its December 12, 2024, meeting.
The County paid $60,000 to RecycleSmart from the first SB 1383 Local Assistance Grant (Cycle 1) awarded by CalRecycle to fund costs of activities described above. A second SB 1383 Local Assistance Grant program was rolled out in 2024. Under this Cycle 2 grant, the County was awarded $459,414, and the County issued an initial $60,000 to RecycleSmart to continue funding costs of compliance with SB 1383 Regulations. The other five members (cities) also contributed their own Cycle 1 and Cycle 2 grant funds to RecycleSmart’s SB 1383 Regulations compliance program.
This additional $60,000 is recommended to cover work performed by RecycleSmart that was not covered by the original MOU.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the Amended and Restated MOU Addendum, the County would not be able to pay RecycleSmart an additional $60,000 for needed SB 1383 regulatory compliance assistance in the unincorporated portion of its service territory.