Robert Weygandt, Placer County, Chair John Allard, Roseville Jack Duran, Placer County Scott Yuill, Rocklin Dan Karleskint, Lincoln Ken Grehm, Executive Director MEETING OF THE BOARD OF DIRECTORS AGENDA June 14, 2018 6:00 PM Materials Recovery Facility Administration Building 3033 Fiddyment Road, Roseville, CA 95747 Materials related to an item on this Agenda submitted to the Board of Directors after distribution of the agenda packet are available for public inspection at the Clerk of the Board, 3033 Fiddyment Road, Roseville, CA 95747, during normal business hours and at the meeting location immediately before and during the meeting. The Western Placer Waste Management Authority is committed to ensuring that persons with disabilities are provided the resources to participate fully in its public meetings. If you are hearing impaired, we have listening devices available. If you require additional disability-related modifications or accommodations, including auxiliary aids or services, please contact the Clerk of the Board at (916) 543-3960. If requested, the agenda shall be provided in appropriate alternative formats to persons with disabilities. All requests must be in writing and must be received by the Clerk five business days prior to the scheduled meeting for which you are requesting accommodation. Requests received after such time will be accommodated if time permits. 1. Call Meeting to Order 2. Pledge of Allegiance (Director Yuill) 3. Roll Call 4. Statement of Meeting Procedures (Clerk of the Board) 5. Agenda Approval 6. Public Comment This is a time when persons may address the Board regarding items not on this Agenda. It is requested that comments be brief, since the Board is not permitted to take any action on items addressed under Public Comment. 7. Announcements & Information a. Reports from Directors ---- b. Report from the Executive Director (Ken Grehm) ---- c. Financial Reports (Valerie Bayne) Pg. 3 d Monthly Tonnage Reports (Keith Schmidt) ---- e. Nortech Waste, LLC Annual Fee Adjustment (Eric Oddo) Pg. 7 f. Nortech Landfill, Inc. Annual Fee Adjustment (Keith Schmidt) Pg. 11 g. WPWMA Engineer s Report (Keith Schmidt) Pg. 15 8. Consent Agenda a. Minutes of the Board Meeting held May 10, 2018 Approve as submitted. b. Support of the SWANA Legislative Task Force (Chris Hanson) Authorize payment of $2,000 to the Solid Waste Association of North America Legislative Task Force. Pg. 17 Pg. 21 Recycling and Disposal Made Easy 11476 C Avenue Auburn, CA 95603 (916) 543-3960 / (916) 543-3990 fax www.wpwma.com
WPWMA BOARD AGENDA JUNE 14, 2018 PAGE 2 c. Agreement with Red Shoe Productions for School Outreach Services (Stephanie Ulmer) Authorize the Chair to sign an agreement with Red Shoe Productions to provide professional services related to the WPWMA s elementary school outreach and education program for an amount not to exceed $60,000. d. Agreement with 3fold Communications for Public Awareness and Outreach Services (Stephanie Ulmer) Authorize the Chair to sign an agreement with 3fold Communications to provide professional services related to the WPWMA s public education and outreach programs for an amount not to exceed $183,932. Pg. 33 Pg. 37 9. Action Items a. Agreement with Cascadia Consulting Group for Waste Composition Study Services (Stephanie Ulmer) Authorize the Chair to sign an agreement with Cascadia Consulting Group to analyze the composition of the waste streams delivered to the Materials Recovery Facility and Western Regional Sanitary Landfill for an amount not to exceed $209,550. b. Lease Agreement with Norcal Crushing (Keith Schmidt) Pg. 43 Pg. 49 1. Authorize staff to negotiate a Lease Agreement with Norcal Crushing for the use of approximately six acres of the WPWMA s currently permitted property to process, store and sell inert materials consistent with the attached deal points; and 2. Authorize the Executive Director or designee, upon review and approval by WPWMA Counsel, to sign the Lease Agreement and exercise and administer the lease options. c. Master Planning Stakeholder Engagement (Eric Oddo) Provide direction to staff related to stakeholder engagement in the WPWMA s master planning process. Pg. 53 10. Upcoming Agenda Items Identification of any items the Board would like staff to address at a future meeting. 11. Closed Session Anticipated Litigation: a. Significant exposure to litigation pursuant to subdivision (d)(2) of Government Code 54956.9: one potential case. b. Initiation of litigation pursuant to subdivision (d)(4) of Government Code 54956.9: one potential case. 12. Adjournment 2
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MEMORANDUM WESTERN PLACER WASTE MANAGEMENT AUTHORITY TO: WPWMA BOARD OF DIRECTORS DATE: JUNE 14, 2018 FROM: SUBJECT: KEN GREHM / ERIC ODDO NORTECH WASTE, LLC ANNUAL FEE ADJUSTMENT RECOMMENDED ACTION: None. This item is presented for information only. BACKGROUND: An annual fee adjustment included in the Agreement with Nortech Waste, LLC (Nortech) for operation of the Materials Recovery Facility is effective July 1 st of each year. The fee adjustment is the product of the annual inflationary adjustment factor (calculated using labor and materials indices as published by the U.S. Bureau of Labor Statistics and changes in the California minimum wage) and the fees established in the 2005/06 Operating Year (the base year of the Agreement). Staff reviewed the fee adjustment calculations submitted by Nortech (attached) and agrees with the inflationary adjustment factor of 1.4501 relative to the 2005/06 base year. The adjustment reflects a 4.99% year-over-year increase in the fees paid to Nortech in FY 2017/18 as shown below: FY 2017/18 FY 2018/19 MSW Base Processing Fee (per ton) $39.07 $41.02 C & D Processing Fee (per ton) $27.04 $28.39 Green Waste and Food Waste Processing Fee (per ton) $31.08 $32.63 Wood Waste Processing Fee (per ton) $24.17 $25.38 Waste Tire Disposal Fee (per ton) $69.06 $72.51 Refrigerated Appliance Processing Fee (per unit) $34.53 $36.25 Non-Refrigerated Appliance Processing Fee (per unit) $6.57 $6.90 HHW Facility Operating Fee (annual) $385,777.45 $405,021.63 FISCAL IMPACT: Based on the estimated quantities of materials presented in the FY 2017/18 Preliminary Budget, staff estimates Nortech will earn approximately $664,633 more as a result of this fee adjustment then if the fees had remained at the FY 2017/18 rates. Sufficient funding was included in the FY 2018/19 Preliminary Budget to account for these fees. ATTACHMENT: LETTER DATED MAY 21, 2018 FROM NORTECH 7
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MEMORANDUM WESTERN PLACER WASTE MANAGEMENT AUTHORITY TO: WPWMA BOARD OF DIRECTORS DATE: JUNE 14, 2018 FROM: SUBJECT: KEN GREHM / KEITH SCHMIDT NORTECH LANDFILL, INC. ANNUAL FEE ADJUSTMENT RECOMMENDED ACTION: None. This item is presented for information only. BACKGROUND: An annual fee adjustment included in the Agreement with Nortech Landfill, Inc. (NLI) for operation of the Western Regional Sanitary Landfill is effective July 1 st of each year. The fee adjustment is the product of the annual inflationary adjustment factor (calculated using labor, fuel and materials indices as published by the U.S. Bureau of Labor Statistics) and the fees established in the 2009/10 Operating Year (the base year of the Agreement). Staff reviewed the fee adjustment calculations submitted by NLI (attached) and agrees with the inflationary adjustment factor of 1.1842 relative to the 2009/10 base year. The adjustment reflects a 4.57% year-over-year increase in the fees paid to NLI as shown below: FY 2017/18 FY 2018/19 Basic Services Fee (annual) $2,147,781 $2,246,425 Airspace Conservation Incentive (per cy) $3.96 $4.14 Maximum Airspace Conservation Incentive (annual) $396,270 $414,470 Airspace Conservation Disincentive (per cy) $5.66 $5.93 FISCAL IMPACT: NLI will earn approximately $98,049 more in Basic Service fees as a result of this fee adjustment then if the fees had remained at the FY 2017/18 rates. Additionally, compared to the FY 2017/18 rate structure, the maximum airspace conservation incentive NLI can earn is increased by $18,200 as a result of the fee adjustment. Sufficient funding was included the FY 2018/19 Preliminary Budget to account for these fees. ATTACHMENT: LETTER DATED MAY 21, 2018 FROM NORTECH LANDFILL, INC. 11
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MEMORANDUM WESTERN PLACER WASTE MANAGEMENT AUTHORITY TO: WPWMA BOARD OF DIRECTORS DATE: JUNE 14, 2018 FROM: SUBJECT: KEN GREHM / KEITH SCHMIDT WPWMA ENGINEER S REPORT RECOMMENDED ACTION: None. This report is for information purposes only. BACKGROUND: This report focuses on physical and operational factors that are affecting facility capacity. Composting The WPWMA has made several capacity increases to the composting operation since its original construction in 1995. The original 2.5 acre composting pad was expanded to 6.5 acres by 2003; in 2011 the WPWMA added an additional 7.8 acres of compost area to accommodate continued increases in the amount of greenwaste received at the facility. Nortech also purchased taller compost turners allowing for greater compost row heights, effectively increasing the composting capacity of the pad. The WPWMA and Nortech have endeavored to process and compost greenwaste as quickly as possible to minimize the potential for offensive odors associated with unprocessed material stockpiles. In more recent years, a number of operational factors have reduced the effective capacity of the composting system. Prior to selling compost, Nortech must prepare laboratory samples to ensure adequate pathogen reduction in the composting process. A clarification in regulations now requires Nortech to store batches of fully composted, tested material onsite until passing lab reports are received. Because one of the lab tests requires incubation of the sample, the finished compost now occupies a greater part of the composting pad for an additional 1-2 weeks while awaiting confirmation from the laboratory. Additionally, the WPWMA s response to the state mandate to divert organic materials from the landfill (SB 1826 and SB 1383) has resulted in the introduction of food waste to the composting system. Recent restrictions on the purchase and import of recycled paper by China will also likely necessitate Nortech to compost some paper products, adding to the already increasing green and foodwaste tonnages being directed to the composting facility. Under the current operating and waste receiving rates, the composting system is at capacity. Fortunately an operational change currently being explored by the WPWMA and Nortech is serving to effectively create some additional composting capacity. Nortech has been conducting a pilot study using Aerated Static Pile (ASP) composting methods. In ASP, blowers inject air into large piles of composting material which no longer need to be regularly turned with a mechanical turner. This allows compost piles to be stacked higher than the current windrow approach, allowing a greater volume of material to be composted for a given footprint. Staff is working with Nortech and regulatory agencies to expand this ASP pilot to a full scale operation and is analyzing what the effective 15
WPWMA BOARD OF DIRECTORS WPWMA ENGINEER S REPORT JUNE 14, 2018 PAGE 2 increase in composting capacity may be by moving entirely to ASP composting methods. Construction Demolition The C&D processing facility is currently over capacity. It has a design capacity of 150 tons per eight hour day, but currently receives a weekday average of 164 tons per day with peaks exceeding 300 tons per day. Additionally, an average of 139 tons per weekday of C&D material is directed to the landfill without first being processed to recover recyclable materials. Some of this landfilled material would be suitable for processing if sufficient capacity were available. Expansion to the C&D area will require significant operational changes or modifications which could include relocation of buried waste to free up and establish new operating space, conversion of some existing composting facility space to C&D processing space (which would likely require a relocation and development of new composting space), or encumbering more permitted landfill area with MRF activities and thereby reducing the effective operational life of the landfill. Landfill Airspace As of the date of the most recent aerial survey (June 30, 2017), staff estimates there is sufficient disposal capacity in the already lined areas of the landfill through FY 2023/24 1. Prior year s estimates would suggest the lined landfill capacity would fill sooner, however the WPWMA has been able to extend the life of the landfill through the use of MRF fines as landfill alternative daily cover. In addition to conserving landfill space, use of the MRF fines in this way is currently considered a beneficial reuse of the product and qualifies as waste diversion. The WPWMA s decreased usage of soil for daily landfill cover however has resulted in having more soil than is necessary for routine operations. As a result, the WPWMA soil stockpile continues to grow over time. Soil that came from excavating Modules 15, 16 and 5, as well as soil delivered to the site by WPWMA customers, is in the way of constructing the next landfill liner in Module 6. Relocating this approximately 2 million cubic yards of stockpiled soil could cost the WPWMA approximately $8 million or more. Staff has yet to identify an alternate location for the soil that would not require it to be moved again in the future. To address the long-term soil surplus, your Board has approved the marketing of soil at a reduced rate; to date there has been little demand for these materials. The remaining undeveloped landfill modules (Modules 6-9) encompass 71 acres of the WPWMA s 231 acre permitted capacity. However, as a result of the previous siting of composting and C&D processing facilities on future landfill space and stockpiles of soils and inert materials, approximately 6 of the 71 acres are currently unencumbered. Part of the WPWMA s current master planning efforts is intended to identity future landfill capacity assuming the continued need for expansion of MRF and composting related activities to meet current and anticipated regulatory requirements. 1 This estimate assumes a no change to the 2016/17 filling rates, a 30% contingency factor, and conformance with the grading plan included in the Nortech Landfill operating agreement. 16
WESTERN PLACER WASTE MANAGEMENT AUTHORITY Minutes of May 10, 2018 The meeting of the Western Placer Waste Management Authority Board of Directors was called to order at 6:00 PM by Chairman Weygandt in the WPWMA Administration Building at the Materials Recovery Facility. Directors Present: Staff Present: Robert Weygandt Ken Grehm Valerie Bayne John Allard Bill Zimmerman Heather Wilden Jack Duran Eric Oddo Jim Kotey Scott Yuill Keith Schmidt Joe Ney Dan Karleskint Robert Sandman 1. Call Meeting to Order: Chairman Weygandt called the meeting to order at 6:00 PM. 2. Pledge of Allegiance: Director Duran led the Pledge of Allegiance. 3. Roll Call: All Directors were present. 4. Statement of Meeting Procedures: Heather Wilden read the Statement of Meeting Procedures into the record. 5. Agenda Approval: There were no changes to the agenda. MOTION TO APPROVE THE AGENDA: Duran/Yuill Vote: Unanimous 6. Public Comment: No one from the public addressed the Board. 7. Announcements & Information: a. Reports from Directors: Chairman Weygandt presented Keith Schmidt with a 10-year service award, congratulated him and thanked him for his service to the organization. b. Report from the Executive Director: None. c. Financial Reports: Valerie Bayne summarized the report. There were no questions from the Board. d. Monthly Tonnage Reports: Keith Schmidt summarized the report. There were no questions from the Board. e. Quarterly MRF Operator s Report: Brian Jones of Nortech Waste summarized the report and answered questions from the Board. f. Quarterly Landfill Operator s Report: Paul Szura of Nortech Landfill summarized the report. There were no questions from the Board. g. WPWMA Engineer s Report: Keith Schmidt summarized the report. There were no questions from the Board. h. Facility Master Planning Project Update: Eric Oddo summarized the report and answered questions from the Board. 17
WESTERN PLACER WASTE MANAGEMENT AUTHORITY MEETING MINUTES OF MAY 10, 2018 PAGE 2 i. WPWMA Insurance Coverage Review: Eric Oddo introduced Jim Kotey and Joe Ney from the WPWMA s Risk Management office. Joe summarized the report and answered questions from the Board. 8. Consent Agenda: a. Support of the California Product Stewardship Council Staff recommended authorizing the payment of $1,500 to the Product Stewardship Council. b. Agreement with Holdrege & Kull for Evaluation of the WPWMA Administrative Building Concrete Foundation Staff recommended authorizing the Chair to sign an agreement with Holdrege & Kull Consulting Engineers and Geologists to evaluate the existing concrete foundation of the WPWMA administration building for an amount not to exceed $10,610. c. 2018 Legislative Strategic Agenda Staff recommended the Board approve the 2018 Legislative Strategic Agenda prepared by Shaw / Yoder / Antwih, Inc. d. Agreement with Placer County for Fire Protection and Emergency Medical Services Staff recommended authorizing the Chair to sign the Agreement with the County of Placer to provide the WPWMA with ongoing fire protection and emergency medical services. e. Third Amendment to the Agreement with Golder for the Design, Permitting, and CQA Services for an Upgrade to the Landfill Gas Collection and Control System Staff recommended authorizing the Chair to sign the Third Amendment to Agreement 45172 with Golder Associates, Inc. to provide additional project closeout services for Project 02610 Landfill Gas Collection and Control System Upgrade for an amount not to exceed $29,047, increasing the total notto-exceed fee of the Agreement to $568,123. f. Purchase of a Borescope Camera Staff recommended the Board: 1. Authorize the Executive Director or designee to sign a purchase agreement and any related documents to purchase a Pearpoint P340 borescope camera. 2. Approve the attached Budget Revision decreasing line item 5600 Contingencies by $10,000 and increasing line item 4451 Equipment by $10,000 for the purchase of the borescope camera. 3. Add the borescope camera to the Master Fixed Asset List. MOTION TO APPROVE THE CONSENT AGENDA: Duran/Allard Vote: Unanimous 18
WESTERN PLACER WASTE MANAGEMENT AUTHORITY MEETING MINUTES OF MAY 10, 2018 PAGE 3 9. Action Items: a. Minutes of the Board Meeting held February 8, 2018 Staff recommended approving the minutes as submitted. MOTION TO APPROVE: Yuill/Duran Vote: 4:0 (Chairman Weygandt abstained) b. Fiscal Year 2018/19 Preliminary Budgets Staff recommended approving the Fiscal Year 2018/19 Preliminary Budgets for the Operating Fund, the Closure/Postclosure Fund and the Self Insurance Fund as presented in Exhibits A and B. Eric Oddo summarized the report. There were no questions from the Board. MOTION TO APPROVE: Duran/Yuill Vote: Unanimous c. First Amendment to the Agreement with SCS Engineers for Water Quality Monitoring and Reporting Services Staff recommended authorizing the Chair to sign the First Amendment to the Water Quality Monitoring and Reporting Agreement with SCS Engineers, extending services for an additional year and authorizing additional related services, for a total of $208,000, increasing the total notto-exceed cost of the Agreement to $411,900. Keith Schmidt summarized the report. There were no questions from the Board. MOTION TO APPROVE: Duran/Yuill Vote: Unanimous d. Increase to the Construction Contract with RJ Gordon Construction and Third Amendment to the Agreement with Golder Associates for Module 15/16 Cover System CQA Services 1. Staff recommended approving an increase of $100,000 to Contract No. 045181 Landfill Gas Collection and Control System Upgrade with RJ Gordon Construction, and authorizes the Executive Director or designee to approve any required change orders consistent with Section 20142 of the Public Contract Code for a total amount not to exceed $3,597,215. 2. Staff recommended authorizing the Chair to sign the Third Amendment to the Module 5 Base Liner Design and Construction Quality Assurance Agreement with Golder Associates, Inc. to provide 19
WESTERN PLACER WASTE MANAGEMENT AUTHORITY MEETING MINUTES OF MAY 10, 2018 PAGE 4 extended construction quality assurance services for the Module 15/16 Partial Final Cover project at a cost not to exceed $17,455, and increasing the total not to exceed cost of the Agreement 45164 to $397,098. Keith Schmidt summarized the report. There were no questions from the Board. MOTION TO APPROVE: Allard/Duran Vote: Unanimous e. Third Amendment to the Agreement with Cornerstone for Landfill Gas Operation and Maintenance Services Staff recommended authorizing the Chair to sign the Third Amendment to the Agreement with Cornerstone Environmental Group, LLC adding a task for limited removal of liquids from landfill gas wells for a total cost of $50,000, increasing the task budget for Non Routine Response activities by $65,000 and increasing the total not to exceed cost of the Agreement to $1,364,032. Keith Schmidt summarized the report and answered questions from the Board. MOTION TO APPROVE: Duran/Allard Vote: Unanimous 10. Upcoming Agenda Items: None. 11. Closed Session: Adjourned at 6:36PM. Anticipated Litigation: a. Significant exposure to litigation pursuant to subdivision (d) (2) of Government Code 54956.9: one potential case. b. Initiation of litigation pursuant to subdivision (d) (4) of Government Code 54956.9: two potential cases. WPWMA Counsel reported out of closed session noting that the Board provided direction to Counsel. 12. Adjournment: Meeting was adjourned at 7:20 PM. Respectfully Submitted, Heather Wilden, Clerk of the Board Western Placer Waste Management Authority 20
MEMORANDUM WESTERN PLACER WASTE MANAGEMENT AUTHORITY TO: WPWMA BOARD OF DIRECTORS DATE: JUNE 14, 2018 FROM: SUBJECT: KEN GREHM / CHRIS HANSON SUPPORT OF THE SWANA LEGISLATIVE TASK FORCE RECOMMENDED ACTION: Authorize payment of $2,000 to the Solid Waste Association of North America (SWANA) Legislative Task Force (LTF). BACKGROUND: SWANA is a trade organization primarily serving local governments that provide solid waste services. The LTF was established to track and influence state legislation and regulations affecting the solid waste industry. The WPWMA has held membership in the LTF for several years and continues to have a staff member serving as a voting member and officer on the LTF. The top priorities in the LTF s 2018 Workplan include: shaping new requirements for solid waste facilities identified in the SB 1383 (organics) regulation, AB 901 (facility reporting) regulation, and CalRecycle s Packaging Reform Initiative; continuing to promote Extended Producer Responsibility to relieve local governments of the sole responsibility of managing HHW, sharps and pharmaceuticals; declining revenue streams for CalRecycle; and funding for organics recycling infrastructure. Due to the potentially significant impacts to the WPWMA s operation from pending legislation and regulation, and the LTF s role in helping to shape this legislation, staff believes it is in the WPWMA s best interest to continue its involvement with the LTF, including its annual contribution of $2,000. ENVIRONMENTAL CLEARANCE: The recommended action is not considered a project under the California Environmental Quality Act. FISCAL IMPACT: The $2,000 level of funding recommended is consistent with previous contributions and SWANA s assessment based on the WPWMA s service area size. Sufficient funding for this expenditure exists in Account 2840 Special Department Expense of the FY 2017/18 Budget. ATTACHMENT: SWANA LTF 2018 WORKPLAN 21
2018 WORK PLAN MISSION STATEMENT: To represent local government interests and the three California Chapters membership in developing and advocating environmentally and technically sound, economical solid waste policy at the most appropriate government level LEGISLATIVE TASK FORCE California Chapters LEGISLATIVE ADVOCATE Jason Schmelzer & Melissa Immel * Shaw/Yoder/Antwih Inc. * (916) 446-4656 22 1
2017 Legislative Session HIGHLIGHTS Key Legislation 1. AB 398 (Garcia, E.) (Chapter 135, Statutes of 2017) extended greenhouse gas Cap and Trade program to 2030. 2. AB 617 (Garcia, C.) (Chapter 136, Statutes of 2017) adopted new criteria and toxic contaminant air quality monitoring and reduction requirements, and increases civil and criminal penalties. 3. Cap and Trade funding (AB 109) Legislature appropriated $40 million to CalRecycle from Greenhouse Gas Reduction Fund (GGRF) for recycling and organic waste diversion projects. 4. AB 1158 (Chu) (Chapter 794, Statutes of 2017) requires a carpet stewardship plan to achieve a 24 percent recycling rate for post-consumer carpet by 2020. CalRecycle is directed to establish a minimum recycling rate starting in 2023. Strengthens Stakeholder Advisory Committee. 5. AB 1288 (Eggman) (2-year bill) would increase Integrated Waste Management Fees and potentially would impose a generator fee that would be collected locally and passed to the State. Key Regulatory Activities 1. AB 901 regulations (disposal reporting) The LTF promoted more feasible and less onerous reporting requirements. 2. SB 1383 regulations (organics mandates) The LTF promoted less prescriptive approaches and advocated for flexibility for local jurisdictions to determine appropriate materials to be included and local determination of priorities and best mix of programs and facilities to meet local needs. 3. Packaging Reform Initiative The LTF promoted source reduction, extended producer responsibility, standards for recyclable and compostable packaging design, and minimum required postconsumer content requirements. 2017 LTF Work Summary The LTF contracts with Shaw/Yoder/Antwih (SYA) for legislative and regulatory services. A year-end memo highlighting the legislative and regulatory efforts of the LTF and SYA staff was prepared by SYA and is attached (Exhibit A). LEGISLATIVE ADVOCATE Jason Schmelzer & Melissa Immel * Shaw/Yoder/Antwih Inc. * (916) 446-4656 23 2
2017 Legislative Session OTHER BILLS In addition to the bills described above, below are highlights of some of the 66 bills the SWANA LTF worked on in 2017. BILL SUMMARY LTF POSITION OUTCOME AB 954 (Chiu) Requires the Dept. of Food and Agriculture to publish information to encourage food manufacturers, processors, and retailers to voluntarily use uniform terms on food product labels regarding quality and safety dates. Support Chaptered (Ch. 787) AB 1132 (Garcia, C.) Authorizes air pollution control officers to issue an interim abatement order if a finding of imminent and substantial endangerment to public health or welfare is made. Work with author Chaptered (Ch. 171) AB 1219 (Eggman) California Good Samaritan Food Donation Act expands immunity from liability for donation of food, and other related provisions. Support Chaptered (Ch. 619) SB 100 (De Leon) Would revise the existing Renewable Portfolio Standard 2030 target from 50% to 60% (and set interim targets of 44% of retail sales by 2024 and 52% by 2027), and establish a goal of 100% renewable or zero carbon electricity by 2045. Watch Two year bill (Assembly Utilities & Energy Com) SB 168 (Wieckowski) Would replace the statute creating the Beverage Container Recycling program ( bottle bill ) with a comprehensive rewrite. Watch Two year bill (Senate Approps Com) SB 258 (Lara) Cleaning Product Right-to-Know Act requires disclosure of chemicals contained in cleaning products. Support Chaptered (Ch. 830) SB 468 (Weiner) Creates five pilot projects where CRV recycling centers have shut down. Watch Chaptered (Ch. 648) LEGISLATIVE ADVOCATE Jason Schmelzer & Melissa Immel * Shaw/Yoder/Antwih Inc. * (916) 446-4656 24 3
2018 Legislative Session OUTLOOK Guiding Advocacy Principles This Work Plan serves as a policy guide for the Legislative Task Force of the SWANA California Chapters when it considers taking positions on proposed legislation, performing advocacy, and conducting outreach. 2018 Policy Drivers Climate Change, Short-Lived Climate Pollutant Reduction & Renewable Energy Solid waste management in California is undergoing a radical transformation, much of which is driven by state policies related to climate change and renewable energy. These bills and actions are driving climate and energy policy. o SB 32 (2015) extended cap-and-trade program to 2030 o SB 350 (2015) extended Renewable Portfolio Standard to 50% by 2030 o SB 1383 (2016) sets goals to reduce Short-Lived Climate Pollutants, including 40% reduction below 2013 levels in methane emissions by 2030 (also includes specified organic waste mandates to achieve the methane reduction goals see below) o California Air Resources Board (CARB): Short-Lived Climate Pollutant Strategy adopted in 2017 Policies to increase recycling and composting of municipal solid waste Another major driver of solid waste management in California is the desire to recycle and compost a minimum of 75% of municipal solid waste. Many significant solid waste bills have been enacted since 2011. o AB 341 (2011) sets goal to recycle 75% of municipal solid waste by 2020 & mandatory commercial recycling programs (includes multi-family) o AB 1594 (2014) eliminates diversion credit for green waste used as Alternative Daily Cover as of 2020 o AB 1826 (2015) enacted mandatory commercial organic waste recycling programs o AB 901 (2015) revised reporting requirements for waste tracking o AB 876 (2015) requires counties to plan for organic waste recycling facility capacity needs o AB 1045 (2015) directs Cal-EPA to achieve goal of reducing greenhouse gases by 5 million metric tons through development and application of compost. Includes State Interagency coordination to promote composting. o SB 1383 (2016) sets goals to recycle 50% of organic waste by 2020 and 75% of organic waste by 2025, and food waste prevention goal of 20% by 2025 LEGISLATIVE ADVOCATE Jason Schmelzer & Melissa Immel * Shaw/Yoder/Antwih Inc. * (916) 446-4656 25 4
2018 Legislative Session OUTLOOK 2018 Anticipated Regulatory & Legislative Priorities Implementation of Greenhouse Gas/Short-Lived Climate Pollutant reduction initiatives & waste recycling & diversion programs Key issues will be funding, the roles of local government and other stakeholders, and whether new requirements will be prescriptive or performance-based. Anticipated 2018 activities include: o CARB: adoption of Scoping Plan Update anticipated Dec. 2017 o CalRecycle: adoption of SB 1383 regulations expected by end of 2018 o Legislature: allocates GGRF and other funding through State budget process (ongoing, annual) o Legislature: expected to consider AB 1288, a 2-year bill, which could be the vehicle for a Californians Against Waste proposal to increase the Integrated Waste Management fee (aka the tip fee ) and to impose a generator fee. The most recent proposal would raise funds to fund CalRecycle programs ($60m/year); incentive per ton payments for organics facilities ($100m/year); funding for State Water Resources Control Board and CalRecycle for regulation of landfills and compost facilities ($10m/year). o Legislature: expected to consider SB 100 and other renewable energy policies Extended Producer Responsibility (EPR) initiatives the Legislature may consider EPR legislation for pharmaceutical waste, sharps, and other products. At the same time, more EPR programs and ordinances are likely to be enacted at the local level, which may be an important driver for action at the State level. AB 901 regulations CalRecycle plans to initiate the formal regulatory process in December 2017 and complete it in 2018. Waste, recycling, and compost facilities, as well as exporters, brokers, and transporters of recyclables or compost will be required to submit information directly to CalRecycle on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state. CalRecycle also will have enforcement authority to collect this information. The new requirements are anticipated to take effect in 2019. Packaging Reform Initiative with packaging comprising 25% of the waste stream, this initiative is a key piece of CalRecycle s plan to achieve the goal of 75% recycling by 2020. Legislation to reduce packaging in the waste stream could occur in 2018, as CalRecycle prepares a comprehensive framework for packaging reduction. LEGISLATIVE ADVOCATE Jason Schmelzer & Melissa Immel * Shaw/Yoder/Antwih Inc. * (916) 446-4656 26 5
Advocacy Topic 1 Laws and Regulations Goal Ensure, through active participation in the development and review process, that proposed laws and regulations protect health, safety and the environment, and are economically and technically feasible. Policy Principles Promote SWANA National and California LTF position papers, such as Don t Ban Without A Plan and on high priority issues such as the 75% Recycling Plan, organic waste diversion and funding. Work to reverse the end of the pipe paradigm by encouraging legislative and regulatory approaches that promote EPR, product stewardship, and waste prevention, and incentivize waste prevention, beneficial reuse and material recovery. Promote policies that protect worker safety and facilities in the solid waste industry. Promote opportunities for meaningful stakeholder input in the development of plans, policies and regulations, and promote practical approaches to development and implementation of new programs and requirements. Promote local funding for locally-developed solutions rather than state-driven mandates and directives. o Encourage the development of cost-effective organics management programs and infrastructure that best fits each jurisdiction s demographics, availability of facilities and waste characteristics. Promote a science-based approach that balances costs with environmental benefits, using tools such as life cycle analysis. Encourage energy recovery from municipal solid waste (MSW) by supporting legislation to eliminate regulatory barriers and establish a diversion credit tier for emerging technologies. Promote the training and professionalism of those employed in the solid waste industry. LEGISLATIVE ADVOCATE Jason Schmelzer & Melissa Immel * Shaw/Yoder/Antwih Inc. * (916) 446-4656 27 6
2018 Advocacy Activities 1. Participate in the SB 1383 rulemaking process, and urge CalRecycle to use a good faith effort approach to determine if a jurisdiction has made reasonable and justifiable efforts to comply. 2. Participate in the AB 901 formal rulemaking process to advocate an approach that balances development of robust data with the administrative burden on haulers, facilities and jurisdictions. 3. Track and comment as appropriate on implementation of new greenhouse gas reduction programs and requirements as well as air quality monitoring and reduction programs pursuant to AB 617. 4. Participate in legislative efforts to reform beverage container funding, such as adjustments to CRV and recycling-related payments. 5. Participate in legislative efforts to address CalRecycle and other related funding proposals, and support allocation of GGRF funding for organics infrastructure during the Legislative budget process. 6. Advocate for policies that promote and recognize the benefits of producing renewable energy from solid waste, particularly from organic waste, to the Legislature and administrative agencies. Monitor and weigh in, as appropriate, regarding energy policies related to biogas, landfill gas, and biomass, and regarding emerging technologies. 7. Advocate transparency in CalRecycle s review of each jurisdiction s Integrated Waste Management Plan and that the review of best efforts be reasonable and realistic. 8. Promote protection of worker safety and facilities by prioritizing end-of-life solutions for products such as lithium batteries, single-use propane cylinders and other products, that cause fires and explosions during recycling and disposal activities. 9. Engage with CalRecycle and other stakeholders to address challenges associated with market uncertainties and downturns for recyclable materials, such as China s impending restrictions on importation of paper and plastics. 10. Track and comment on Department of Toxic Substances Control regulations regarding management of used solar panels, as appropriate. 11. Promote EPR and product stewardship for products such as pharmaceuticals, sharps and other things, to protect worker safety, prevent waste generation and/or promote recyclability, and hold producers responsible for end-of-life management. 12. Track and comment, as necessary, on State Water Resources Control Board regulatory activities that pertain to solid waste and composting facilities (e.g. waste discharge requirements & general permits). LEGISLATIVE ADVOCATE Jason Schmelzer & Melissa Immel * Shaw/Yoder/Antwih Inc. * (916) 446-4656 28 7
Advocacy Topic 2 Local Authority and Government Entities Goal Promote local government control of solid waste policy and operations. Policy Principles Promote streamlining of regulatory agencies by eliminating non-essential programs and minimizing redundant or overlapping regulations, and underground regulations. Emphasize effective, certified staffing of all aspects of solid waste management, cost-effectiveness, and protection of public health and the environment. Support legislation that provides opportunities for local government stakeholder participation in regulatory and policy matters proposed for adoption by state and regional agencies. Ensure state regulations and legislation do not undermine or preempt local authority or discretion. Support regulations and legislation that grant local governments the authority and means to achieve and fund mandated activities. Encourage regulatory frameworks that provide the regulated community with independent due process in State agency enforcement proceedings. Encourage practicable approaches to addressing the needs of disadvantaged and/or Environmental Justice communities. 2018 Advocacy Activities 1. Promote local government discretion in legislation and to implement new programs, and seek amendments to legislation and regulations that impede local government discretion. 2. Apply these policy principles to comments in rulemaking activities, including but not limited to the SB 1383 rulemaking and the AB 901 rulemaking. 3. Coordinate advocacy efforts with other local government groups, particularly for issues impacting local authority, governance and discretion. LEGISLATIVE ADVOCATE Jason Schmelzer & Melissa Immel * Shaw/Yoder/Antwih Inc. * (916) 446-4656 29 8
Advocacy Topic 3 Outreach and Awareness Goal Increase awareness in the Legislature and the Administration that the SWANA California Chapters represent the majority of the publicly-owned and operated solid waste management facilities in the state, and educate the California Chapters and their members about the LTF s activities. Policy Principles Maintain an active advocacy presence in the Legislature and at state agencies that oversee the management, recycling, and disposal of municipal solid waste, household hazardous waste, and pertinent special wastes, through involvement in the legislative and regulatory processes. Support SWANA International in advocacy and policy areas that apply to California, such as product stewardship policy, disposal bans, Pushing the Envelope documents, and applied research on emerging technologies. Develop relationships and participate in coalitions with other interest groups and organizations with common positions on solid waste issues. 2018 Advocacy Activities 1. Develop relationships with key members of the Legislature and their staff, and with the appropriate staff in the Governor s office and at CalRecycle, the Department of Toxic Substances Control, Air Resources Board, State Water Resources Control Board, and other agencies as appropriate. 2. Meet regularly with representatives of other organizations and interest groups to develop opportunities for collaboration. 3. In addition to submitting comment or position letters, develop new or updated White Papers or position papers to educate legislators, regulators and other stakeholders about SWANA s perspective on key new or emerging policy issues. 4. Enhance education and awareness of key legislation and regulations to SWANA membership through newsletters, discussions at Chapters, and presentations at the Western Regional Symposium. LEGISLATIVE ADVOCATE Jason Schmelzer & Melissa Immel * Shaw/Yoder/Antwih Inc. * (916) 446-4656 30 9
2018 SWANA LTF Nominated Officers Glenn Acosta, Sanitation Districts of Los Angeles County, Chair Eric Zetz, City of Clovis, Vice Chair TBD,Treasurer Christina Hanson, Placer County, Secretary LTF Membership GOLD RUSH CHAPTER: Doug Kobold, County of Sacramento Christina Hanson, Placer County Larry Sweetser, Sweetser & Associates, Inc. Mark Bowers, City of Sunnyvale Charles White, Government Affairs Consultant Joe LaMariana, South Bayside Waste Management Authority (Alternate) Jeff Lindenthal, Monterey Regional Waste Management District (Alternate) SIERRA CHAPTER: Eric Zetz, City of Clovis Curtis Larkin, Fresno County Herb Cantu, City of Santa Maria Greg Ollivier, Caglia Environmental Nancy Ewert, P.E., Kern County Amer Hussain, GeoSyntec (Alternate?) Brooks Stayer, Merced County Regional Waste Authority (Alternate) FOUNDING CHAPTER: Glenn Acosta, P.E., Sanitation Districts of Los Angeles County Sharon Green, Sanitation Districts of Los Angeles County Mike Mohajer, P.E., Southern California Waste Management Forum Brian Probolsky, OC Waste & Recycling Lisa Wood, City of San Diego Frank Caponi, P.E., Sanitation Districts of Los Angeles County (Alternate) Constance Hornig, Esq., Law Offices (Alternate) LEGISLATIVE ADVOCATE Jason Schmelzer & Melissa Immel * Shaw/Yoder/Antwih Inc. * (916) 446-4656 31 10
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MEMORANDUM WESTERN PLACER WASTE MANAGEMENT AUTHORITY TO: WPWMA BOARD OF DIRECTORS DATE: JUNE 14, 2018 FROM: SUBJECT: KEN GREHM / STEPHANIE ULMER AGREEMENT WITH RED SHOE PRODUCTIONS FOR SCHOOL OUTREACH SERVICES RECOMMENDED ACTION: Authorize the Chair to sign an agreement with Red Shoe Productions to provide professional services related to the WPWMA s elementary school outreach and education program for an amount not to exceed $60,000. BACKGROUND: The WPWMA has historically contracted with a consultant to conduct elementary school presentations within the WPWMA s service area to convey the WPWMA s core messages that recycling and disposal is made easy by the MRF and One Big Bin system and proper disposal of household hazardous waste and electronics. In 2015, Placer County s Procurement Services Division solicited proposals on behalf of the WPWMA from firms providing education outreach services. The WPWMA selected the top ranked firm, Red Shoe Productions (Red Shoe), to design and implement a school outreach program. Since that time, Red Shoe has performed 31 school assemblies reaching approximately 8,300 students. Follow-up surveys completed by teachers indicated that Red Shoe s presentation was well received and effectively conveyed the WPWMA s core messages. As such, staff recommends continuing the school outreach program with Red Shoe. Staff negotiated the proposed Agreement with Red Shoe - whose rates have remained the same since inception of the program in FY 2016/17 - to provide 17 assemblies in the 2018/19 school year, prepare post-assembly interactive games designed for teachers to further engage and educate students, and to conduct focus group evaluations to continually improve the program s effectiveness. ENVIRONMENTAL CLEARANCE: Development and implementation of a public education program is categorically exempt under CEQA Guidelines, Article 19, Section 15322, Education or Training Programs Involving No Physical Changes. FISCAL IMPACT: The cost of providing the proposed services is $60,000, funding for which is included in Account 2555 Professional Services of the FY 2018/19 Preliminary Budget. ATTACHMENT: SCOPE OF SERVICES 33
EXHIBIT A SCOPE OF SERVICES In accordance with this Agreement, Consultant shall complete the following Scope of Services during the 2018/19 school year (August 1, 2018 through June 30, 2019). The WPWMA provides outreach to elementary school students as part of its public education program. The outreach is intended to increase the students awareness of how recycling occurs in western Placer County via the Materials Recovery Facility (MRF) and other solid waste issues such as waste prevention, reduction, reuse, and recycling, and items that do not belong in the waste stream. Consultant shall conduct seventeen (17) school assemblies (approximately 45 minutes each) incorporating a combination of oral presentation by two actors, video (displayed on 60 monitor provided by Consultant), premium item distribution (supplied by WPWMA) and other recycling related demonstrations and game activities as approved by the WPWMA. Task 1: School Assembly Support, Scheduling and Conducting Consultant shall contact and schedule assemblies for the elementary schools in the WPWMA s service area (Auburn, Colfax, Loomis, Lincoln, Rocklin, Roseville and the unincorporated area of western Placer County) as directed by the WPWMA. Consultant shall offer preference to anyone who did not receive an assembly during the previous Contract. Consultant shall schedule a minimum of five (5) classes per school per assembly (approximately 125 students), unless otherwise approved by the WPWMA. Consultant shall aim to schedule a minimum of six presentations by December 2018 so that presentations are throughout the year. Consultant shall maintain a database with the following information: 1) school name and location; 2) principal or other contact phone number and email address; 3) indication of responses, or lack thereof, to the initial solicitation; and 4) scheduled and completed assemblies, including date, time and location; number of classes per assembly; and whether or not an evaluation survey was completed by the educators who received the assembly. Consultant shall provide an electronic version of the updated schedule database to the WPWMA with monthly invoices. Consultant shall conduct the same assembly for each school consisting of the presentation approved by WPWMA. Consultant shall be responsible for hiring staff to conduct assemblies, and for maintaining all props, stage design and video elements necessary to execute the assemblies. Upon completion of each assembly, Consultant shall provide follow-up educational materials to those who attended the assembly, including but not limited to literature, links, surveys and premium items for distribution to students, as provided by the WPWMA. Consultant shall also distribute a limited number of premium items to students during the assembly as incentives for participation, as provided by and approved by the WPWMA. Consultant shall provide the WPWMA an estimate of the number of fliers and premium items required for each assembly and the WPWMA will make them available for the Consultant to pick up at the WPWMA s offices during normal business hours. Upon completion of all assemblies, Consultant shall prepare and submit a final report to the WPWMA that includes: Number of assemblies conducted; Teachers, schools and jurisdictions that received the assemblies; Estimated number of students who received the presentation; 34
Teacher and student suggestions for program improvement; Successful and unsuccessful program elements; Consultant s recommendations for program development/improvement. As WPWMA programs and key messaging evolve throughout the year, WPWMA staff may request that Consultant develop additional support materials or follow-up activities to support the approved program and materials. To that end, at the request of WPWMA staff, Consultant shall develop and implement new support materials or implement support materials developed by another WPWMA consultant. Deliverables Seventeen (17) School Assemblies Final Report, due fourteen (14) calendar days after the final assembly (electronic version only) Task 2: School Assembly Evaluation As an ongoing effort to continually improve the WPWMA s school outreach, Consultant shall develop a school focus survey to be used at a school focus group. Consultant shall draft the survey to help identify specific opportunities for the program s growth. Consultant shall provide the survey to the WPWMA for review and comment. Consultant shall incorporate staff comments into a final version. In coordination with WPWMA staff, Consultant shall schedule and conduct a minimum of two (2) focus groups after school assemblies during the 2018-19 school year. Consultant shall provide at least one (1) week advance notice of focus group events to WPWMA should WPWMA staff elect to attend and participate. The focus groups should include teachers and students from each grade level that attended the assembly and preferably directly after or within one (1) week after assembly attendance. The focus group goals are to discover from the end user perspective the program elements that are most effective at conveying the WPWMA and One Big Bin key messages and engaging the audience. Consultant shall provide teacher incentives for participating in the focus group process, for example additional One Big Bin branded items for their classroom. Consultant shall summarize the survey results and provide to the WPWMA. Deliverables Draft School Focus Survey submitted within ten (10) days of WPWMA request Final School Focus Survey submitted within ten (10) days of receipt of WPWMA comments School Focus Groups School Focus Survey Summary submitted within fourteen (14) days of Focus Group Said Scope of Work may be amended only with the prior written approval of the Consultant and the WPWMA Executive Director however, in no event shall such amendment create any additional liability to the WPWMA. 35