The California Department of Resources and Recovery (CalRecycle) requires all local jurisdictions to implement a variety of mandatory recycling programs (AB 939 - Integrated Waste Management Act, AB 341 - Mandatory Commercial Recycling, AB 1826 - Mandatory Commercial Recycling Organics, SB 1383 - Short-Lived Climate Pollutants) that align with the overall statewide goal to divert 75 percent of waste from landfills by 2025. These regulations have made the solid waste industry more complex, thus requiring more aggressive programs to achieve greater progress in material recovery. 

In January 2017, CalRecycle mailed a letter of concern to the City outlining improvements needed for the Mandatory Commercial Recycling and Organics programs' (AB 341/1826) education and outreach, monitoring and reporting requirement.  As a result, the City went from a four year review cycle to a two year review cycle to closely monitor the City’s improvements.

Over the past three years, HF&H Consultants has assisted the City with legislative and technical compliance to proactively address public outreach, monitoring and reporting requirements of AB 341/AB 1826. HF&H developed implementation plans to address the City’s commitment to moving toward regulatory compliance. The implementation plans have been approved by CalRecycle. As a result, the City was granted a “good faith effort” for making improvements to address regulatory shortfalls.  HF&H Consultants has in-depth knowledge of the City’s contract and has an established working relationship with Republic Services. They have built an intricate monitoring database system to track all AB 341 related businesses within the City. They have also provided financial rate analysis and rate negotiations for commercial organics and residential greenwaste. Additionally, HF&H has an extensive background in solid waste services and has worked with other cities on compliance issues. Therefore, staff recommends acquiring their continued legislative and technical assistance services.

The cost for the five year agreement with HF&H Consultants to provide technical and legislative assistance services in an amount not-to-exceed $100,000 for the initial one year term with annual adjustments of 2.5% in the four additional option term years. This agreement will be funded through Refuse Enterprise Funds. There is no impact to the General Fund.

It is recommended that Sanitary District Board:

• Approve the professional services agreement to HF&H Consultants, LLC for a period of five years, not to exceed $100,000, for the initial one year term with annual adjustments of 2.5% in the four additional option term years; and

• Authorize the General Manager to execute the agreement on behalf of the City and make minor modifications as appropriate thereto.

By:  A.J. Holmon III, Streets/Environmental Manager