File #: A 23-447    Name: Fair Share Agreement MOU
Type: BoS Agreement Status: Passed
File created: 9/7/2023 In control: Board of Supervisors
On agenda: 9/19/2023 Final action: 9/19/2023
Title: a. Approve and authorize a Fair Share Agreement Memorandum of Understanding (MOU) between the County of Monterey and the Monterey Regional Waste Management District (MRWMD) regarding technical assistance and compliance with California Senate Bill 1383 (SB 1383), California's Short-Lived Climate Pollutants regulation; and b. Approve and authorize the Director of Health Services or designee to sign the MOU for fiscal year 2023-24 for the County's portion of $15,000; and c. Authorize the payment provisions as contained in the MOU.
Attachments: 1. Board Report, 2. Fair Share Agreement with Monterey Regional Waste Management District, 3. Completed Board Order Item No. 26

Title

a. Approve and authorize a Fair Share Agreement Memorandum of Understanding (MOU) between the County of Monterey and the Monterey Regional Waste Management District (MRWMD) regarding technical assistance and compliance with California Senate Bill 1383 (SB 1383), California’s Short-Lived Climate Pollutants regulation; and

b. Approve and authorize the Director of Health Services or designee to sign the MOU for fiscal year 2023-24 for the County’s portion of $15,000; and

c. Authorize the payment provisions as contained in the MOU.

 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a. Approve and authorize a Fair Share Agreement Memorandum of Understanding (MOU) between the County of Monterey and the Monterey Regional Waste Management District (MRWMD) regarding technical assistance and compliance with California Senate Bill 1383 (SB 1383), California’s Short-Lived Climate Pollutants regulation; and

b. Approve and authorize the Director of Health Services or designee to sign the MOU for fiscal year 2023-24 for the County’s portion of $15,000; and

c. Authorize the payment provisions as contained in the MOU.

 

SUMMARY:

The State of California has 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 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 Environmental Health Bureau has worked collaboratively with MRWMD 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, the MRWMD 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 MRWMD.  SB 1383 TAC meetings are held monthly as well as subcommittee TAC meetings to evaluate requirements and identify processes towards compliance and implementation.  MRWMD 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.

 

As a Member Agency, it is in the County’s interest to continue to participate in a Fair Share Agreement with MRWMD. 

 

Allocation of proportionate shares of costs is assigned to each Member Agency as determined by the population of that Agency.  The total overall cost of the Agreement is $238,824 for fiscal year 2023-24 and the County’s portion is $15,000.  These activities and the allocation of costs are attached to the MOU as Exhibit A and Exhibit B.  As outlined in the MOU, section 5 of the MOU, no later than March 1 of each year, and at such other times as directed by the Parties, TAC shall meet to consider, and, if deemed necessary, modify Exhibits A and B, subject to direction from the governing bodies of each Member Agency to its TAC representative. 

 

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 (6) Enforce laws and regulations that protect health and ensure safety.

 

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:

There is no impact to the General Fund.  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) 2023-24 Adopted Budget.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

Check the related Board of Supervisors Strategic Initiatives:

 

Economic Development:

                     Through collaboration, strengthen economic development to ensure a diversified and healthy economy.

Administration:

                     Promote an organization that practices efficient and effective resource management and is recognized for responsiveness, strong customer orientation, accountability and transparency.

Health & Human Services:

                     Improve health and quality of life through County supported policies, programs, and services; promoting access to equitable opportunities for healthy choices and healthy environments in collaboration with communities.

Infrastructure:

                     Plan and develop a sustainable, physical infrastructure that improves the quality of life for County residents and supports economic development results.

Public Safety:

                     Create a safe environment for people to achieve their potential, leading businesses and communities to thrive and grow by reducing violent crimes as well as crimes in general.

 

Prepared by: Robin Kimball, MA III, 796-1297


Approved by:

 

 

_______________________________ Date _________________________

Elsa Mendoza Jimenez, Director of Health Services, 755-4526


Attachment(s):

Fair Share Agreement with Monterey Regional Waste Management District