Title
a. Approve and authorize a Fair Share Agreement Memorandum of Understanding between the County of Monterey and ReGen Monterey, also known as the Monterey Regional Waste Management District regarding technical assistance and compliance with California Senate Bill 1383 (SB1383), California’s Short-Lived Climate Pollutants regulation;
b. Approve and authorize the Director of Health Services or designee to sign the Memorandum of Understanding; and
c. Authorize the Director of Health Services or designee to sign up to three (3) amendments to this agreement where the amendments do not significantly alter the scope of work or change the approved agreement amount by more than 10%.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize a Fair Share Agreement Memorandum of Understanding between the County of Monterey and ReGen Monterey, also known as the Monterey Regional Waste Management District regarding technical assistance and compliance with California Senate Bill 1383 (SB1383), California’s Short-Lived Climate Pollutants regulation;
b. Approve and authorize the Director of Health Services or designee to sign the Memorandum of Understanding; and
c. Authorize the Director of Health Services or designee to sign up to three (3) amendments to this agreement where the amendments do not significantly alter the scope of work or change the approved agreement amount by more than 10%.
SUMMARY
The State of California passed legislation, known as Senate Bill 1383 (SB 1383), California’s Short-Lived Climate Pollutants regulation. The regulation has a significant impact on all agencies associated with ReGen Monterey, also known as the Monterey Regional Waste Management District (MRWMD), with the goal of reducing organic material being landfilled by 75% by 2025. The legislation mandates that Member Agencies undertake certain activities associated with the handling of organic waste materials collected within their jurisdictions. The regulation also requires 20% recovery of edible food by 2025 to be directed to a beneficial use and thus prevent it from entering the waste stream. These regulations took effect, and local program implementation began on January 1, 2022. As a Member Agency, the County of Monterey, through its Environmental Health Bureau has worked collaboratively with ReGen Monterey and other Member Agencies through a Fair Share Agreement to support the continuing implementation of SB 1383. This Fair Share Agreement is renewable each year and updated as costs for implementation of SB 1383 are evaluated and distributed among the Member Agencies.
DISCUSSION
Through a cooperative effort, ReGen Monterey and its Member Agencies have determined that it is in the best interest of all to undertake a coordinated approach to their respective activities related to this legislation. This coordination is being facilitated by the District’s Technical Advisory Committee (TAC) comprised of staff from each Member Agency, the three Haulers in the District service area (Haulers), Salinas Valley Recycles (SVR) and ReGen Monterey. Monthly meetings are held by the TAC and its subcommittees to evaluate requirements and identify processes towards compliance and implementation. ReGen Monterey negotiated an Agreement with a vendor with the experience and technical expertise to undertake the project scope to ensure that the District and all Member Agencies implement a cohesive approach to comply with the many facets of SB 1383. The activities related to the implementation of SB 1383 may include contracting and policy development; public education; materials purchasing and distribution; reporting; contamination monitoring; edible food waste recovery; enforcement; procurement; organics processing; rate setting; cost monitoring; and any other related activities.
The participation in this Fair Share Agreement MOU is tied directly to compliance with California’s SB 1383 requirements and regional efficiency. The County is participating in this MOU to meet its obligations under SB 1383, share costs fairly, benefit from regional coordination and technical support, and ensure consistent and effective implementation of food recovery and organics diversion programs without duplicating efforts or overspending. As a Member Agency, it is in the County’s interest to continue to participate in a Fair Share Agreement with ReGen Monterey.
The County has participated in this MOU since August 2021; this request is to renew the MOU and adjust the share of cost contribution annually.
Allocation of proportionate shares of costs is assigned to each Member Agency as determined by the population and participation of that Agency. The total overall cost of the Agreement is $326,762 for fiscal year 2025-26. Of the agreement amount, $121,559 is for consulting services contract management exclusive to ReGen Monterey and Green Waste Recovery member jurisdictions. The remaining $205,203 is supported by Member Agencies.
For FY 2025-2026, the County of Monterey commits $20,000 toward regional SB 1383 implementation efforts. While this may appear lower than the contributions of other Member Agencies, there are key reasons for this level of participation:
The County is required to report to CalRecycle separately as an independent jurisdiction, therefore, many services offered through this agreement are provided directly by the County’s Recycling Program in cooperation Waste Management through the Unified Franchise Agreement. These services include public outreach and education, waste assessments, and reporting through the use of a reporting tool (Recyclist).
Minimal Covered Edible Food Generators
SB 1383 mandates edible food recovery efforts. The County has very few Tier 1 or Tier 2 commercial edible food generators in the areas it oversees, limiting the scale of food recovery infrastructure or enforcement responsibilities required in comparison to member cities. The $20,000 is intended to support shared regional activities but does not replace local compliance responsibilities.
Population and Service Area
Most of the population and solid waste services in the western portion of Monterey County are handled by incorporated cities. Thus, the County’s western service area for compliance is comparatively small.
Proportionate Share Structure
Per Exhibit B, Member Agencies are invoiced based on proportional cost-sharing. The County’s contribution aligns with its limited scope and jurisdictional responsibility under this model.
These activities and the allocation of costs are attached to the MOU as Exhibit A and Exhibit B.
While this work is not directly in support of a Health Department strategic goal, it is in support of one or more of the ten essential public health services, specifically: (3) Inform, educate and empower people about health issues and (4) Mobilize community partnerships and action to identify and solve health problems.
OTHER AGENCY INVOLVEMENT:
Other agencies included in this MOU are the Cities of Carmel-By-The-Sea, Del Rey Oaks, Marina, Monterey, Pacific Grove, Sand City, Seaside, and the Pebble Beach Community Services District.
FINANCING:
This MOU is funded by SB1383 Local Assistance Grant (Revenue 4975, Unit 8113). There are sufficient appropriations in the Environmental Health Bureau’s Fiscal Year (FY) 2025-26 Adopted Budget (4000-HEA005-8113).
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
_X_ Well-Being and Quality of Life
____ Sustainable Infrastructure for the Present and Future
____ Safe and Resilient Communities
____ Diverse and Thriving Economy
____ Dynamic Organization and Employer of Choice
_X Administrative - Promote an organization that practices efficient and effective resource management and is recognized for responsiveness, strong customer orientation, accountability and transparency. Partnering with local agencies enhances the County’s ability to ensure a mechanism for implementing Monterey County Code 10.45 Organic Waste Disposal Reduction as required by Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act.
Prepared by: Robin Kimball, MA III, 796-1297
Approved by: Elsa Mendoza Jimenez, Director of Health Services, 755-4526
Attachments:
Board Report
Fair Share Agreement with Monterey Regional Waste Management District