To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Resolution authorizing submittal of applications to CalRecycle for grant programs and related authorizations
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. ADOPT this Resolution authorizing the Conservation and Development Director or his designee for a period of five years to submit grant applications to the California Department of Resources Recycling and Recovery (CalRecycle) and execute all grant documents necessary to secure grant funds and implement approved grant projects.
2. DIRECT the Conservation and Development Director or his designee to obtain Board approval and approval as to form by County Counsel of all grant applications and agreements described in this Resolution prior to execution.
3. RATIFY a November 14, 2023, application submittal by the Conservation and Development Director to CalRecycle for a $303,958 Local Assistance Grant to fund activities required for County compliance with regulations adopted under Senate Bill 1383 (2016) pertaining to organic waste collection and edible food recovery, and APPROVE the attached grant agreement with CalRecycle.
FISCAL IMPACT:
No impact to the County General Fund. 100% State funding, no County match.
BACKGROUND:
On January 12, 2016, the Board of Supervisors approved a resolution authorizing the Conservation and Development Director, or his designee, to take the actions necessary to secure annual funding for Payment Programs from the State (see attached Resolution No. 2016/20). Resolution No. 2016/20 delegated signature authority for any documents necessary to secure Payment Program funding from the State as well as implement the associated activities in the name of Contra Costa County. The Department of Conservation and Development (DCD) has consistently been responsible for securing funding and coordinating the implementation of various CalRecycle Payment Programs, including, but not limited to the City & County Payment Program authorized under the California Beverage Container Recycling and Litter Reduction Act and the State’s Used Oil Payment Program.
CalRecycle provided new template Resolutions to all agencies currently applying for grant program funding. CalRecycle has advised that copies of new approved Resolutions meeting the grant program requirements must be submitted with funding requests for the 2022-23 funding cycle. For the sake of efficiency, staff used the template resolution language provided by CalRecycle, avoiding the need to obtain pre-approval from CalRecycle.
The law governing California's SB 1383 Local Assistance Grant Program was modified to include appropriation of funding to provide payments to cities and counties for specific activities. This resulted in the establishment of the SB 1383 Local Assistance Grant Program which provides funds to cities, counties, and special districts to assist with the implementation of regulation requirements associated with SB 1383. Funding is primarily used to offset costs associated with implementation of SB 1383 regulation requirements. This includes, but is not limited to Edible Food Generator inspections, procurement of recovered organic waste products, education, and outreach. This is a non-competitive grant program. Cities and counties only need to submit annual grant applications. The funding amount available to each jurisdiction is based on its population.
On November 14, 2023, an application was submitted by the Conservation and Development Director to CalRecycle for a $303,968 Local Assistance Grant from CalRecycle to fund various County activities that are required for compliance with regulations adopted under Senate Bill 1383 in 2016. These activities include but are not limited to assisting generators with compliance with organic waste collection programs, implementing edible food recovery programs, developing enforcement programs and reporting and recordkeeping. If the grant is awarded by CalRecycle, the submittal of the application constitutes acceptance of all provisions contained in the attached grant agreement, the term of which would commence on the date of the award notification and end on April 1, 2026. The grant agreement includes the following indemnity provision:
Grantee's Indemnification and Defense of the State
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of this Agreement.
CONSEQUENCE OF NEGATIVE ACTION:
If the County does not submit an approved resolution to CalRecycle, it is expected that CalRecycle will find the County’s grant application to be incomplete and not award a grant to the County.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF authorizing submittal of applications to CalRecycle for Grant Programs and related authorizations
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and
WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors authorizes the submittal of applications to CalRecycle for all grants for which Contra Costa County is eligible; and
BE IT FURTHER RESOLVED that the Department of Conservation and Development Director, or their designee, is hereby authorized and empowered to execute in the name of Contra Costa County all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five years from the date of adoption.