Legislation Details

File #: A 26-322    Name: Amendment No. 1 to the Fair Share Agreement
Type: BoS Agreement Status: Health Department - Consent
File created: 7/8/2026 In control: Board of Supervisors
On agenda: 8/11/2026 Final action:
Title: a. Approve and authorize the Director of Health Services or designee to execute Amendment No. 1 to the Fair Share Agreement Memorandum of Understanding A-17590 between the County of Monterey and ReGen Monterey, also known as the Monterey Regional Waste Management District to add FY 2026-2027 activities and share of costs, for the same term effective on the last day of its execution by a Party and until terminated by the Parties; and b. Approve and authorize the Director of Health Services or designee to approve each annual fiscal year renewal where the total County of Monterey contribution does not exceed a 10% year-over-year increase and does not significantly change the scope of work.
Attachments: 1. Board Report, 2. Amendment No. 1, 3. Board Order, 4. Fair Share Agreement with Monterey Regional Waste Management District
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Title

a. Approve and authorize the Director of Health Services or designee to execute Amendment No. 1 to the Fair Share Agreement Memorandum of Understanding A-17590 between the County of Monterey and ReGen Monterey, also known as the Monterey Regional Waste Management District to add FY 2026-2027 activities and share of costs, for the same term effective on the last day of its execution by a Party and until terminated by the Parties; and

b. Approve and authorize the Director of Health Services or designee to approve each annual fiscal year renewal where the total County of Monterey contribution does not exceed a 10% year-over-year increase and does not significantly change the scope of work.

Report

RECOMMENDATION:

It is recommended that the County of Monterey Board of Supervisors:

a. Approve and authorize the Director of Health Services or designee to execute Amendment No. 1 to the Fair Share Agreement Memorandum of Understanding A-17590 between the County of Monterey and ReGen Monterey, also known as the Monterey Regional Waste Management District to add Fiscal Year 2026-2027 activities and share of costs, for the same term effective on the last day of its execution by a Party and until terminated by the Parties; and

b. Approve and authorize the Director of Health Services or designee to approve each annual fiscal year renewal where the total County of Monterey contribution does not exceed a 10% year-over-year increase and does not significantly change the scope of work.

 

SUMMARY:

The County of Monterey entered into a Fair Share Agreement Memorandum of Understanding (MOU) A-17590 with ReGen Monterey, also known as the Monterey Regional Waste Management District (MRWMD), to collaborate to meet the regulations of the State of California legislation, Senate Bill 1383 (SB 1383), California’s Short-Lived Climate Pollutants, to reduce organic material being landfilled by 75% and recover 20% disposed edible food by 2025. These regulations took effect, and local program implementation began, on January 1, 2022. The County of Monterey, through its Environmental Health Bureau (EHB), collaborates with MRWMD as a Member Agency, through the MOU to support continued implementation of SB 1383, and undertake certain activities associated with the handling of organic waste materials collected within their jurisdictions.  

 

DISCUSSION:

Through a cooperative effort, MRWMD and its Member Agencies have undertaken a coordinated approach to their respective activities related to this legislation. The coordination is facilitated by the MRWMD Technical Advisory Committee (TAC) comprised of staff from each Member Agency, the three Haulers in the District service area (Haulers), Salinas Valley Recycles and MRWMD. The TAC and its subcommittees 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 other related activities.

 

The County’s participation in the MOU is tied directly to compliance with California’s SB 1383 requirements and regional efficiency, to share costs fairly, to 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 the MOU with MRWMD and its Member Agencies.

 

The total MOU amount for Fiscal Year (FY) 2026-27 is $381,954. Cost allocations to each Member Agency are based on population and level of participation. For FY 2026-27, the County of Monterey commits $20,000 toward regional SB 1383 implementation efforts. The County’s level of participation is based on the following factors:

 

Separate County Compliance Structure:

The County operates as an independent jurisdiction and reports directly to CalRecycle for SB 1383 compliance. Through its established Recycling Program and partnership with Waste Management under the Unified Franchise Agreement, the County already administers and funds many SB 1383 compliance functions, including public outreach and education, waste assessments, and reporting through the Recyclist platform, outside the scope of this MOU. As a result, the County maintains independent compliance infrastructure and does not rely on the regional program to the same extent than other Member Agencies.

 

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 unincorporated 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 region of Monterey County are handled by incorporated cities. Thus, the County’s western service area for compliance is comparatively small.

 

Proportionate Share Structure:

Pursuant to Exhibit B of the MOU, Member Agencies contributions are based on proportional cost-sharing tied to each agency’s respective level of responsibility, services population, and anticipated use of regional services. The County’s contribution aligns with its limited scope and jurisdictional responsibility under this model, and many required activities are already independently administered through exiting County programs and franchise agreement.

 

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 44230, Unit 400012). There are sufficient appropriations in the Environmental Health Bureau’s Fiscal Year (FY) 2026-27 Adopted Budget (HEA000-HEA107-400012). 

 

BOARD OF SUPERVISORS STRATEGIC PLAN GOALS

The proposed action supports the Board of Supervisors’ Strategic Plan Goals indicated below:

 

____ Well-Being and Quality of Life

____ Sustainable Infrastructure for the Present and Future

____ Safe and Resilient Communities

____ Diverse and Thriving Economy

 

The project does not fall under any of the above Board of Supervisors Strategic Plan Goals (Other):

 

   X   Administrative: To 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: Charise Walters, Management Analyst III, 755-4708

Approved by: Elsa Mendoza Jimenez, Director of Health Services, 755-4526

 

Attachments:

Board Report

Amendment No. 1

Board Order

Fair Share Agreement with Monterey Regional Waste Management District