TO: Board of Directors
FROM: Amanda Griffis, Supervising Environmental Resource Specialist
REPORT BY: Amanda Griffis, Supervising Environmental Resource Specialist
SUBJECT: Memorandum of Understanding for Food Recovery Inspections

RECOMMENDATION
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MEMORANDUM OF UNDERSTANDING (MOU) FOR FOOD RECOVERY INSPECTIONS
REQUESTED ACTION: Approval and authorization for Agency Manager to sign a MOU for Napa County Planning, Building and Environmental Services, Solid Waste division, to conduct SB 1383 mandated food recovery Tier 1 and Tier 2 generator inspections for Upper Valley Waste Management Agency (UVWMA).
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BACKGROUND
SB 1383 requires jurisdictions to monitor Tier 1 and Tier 2 commercial edible food generators, who are required by SB 1383 to donate rather than throw out excess edible food. Jurisdictions are required to monitor those generator’s compliance with SB 1383’s food recovery requirements and jurisdictions must have an inspection program that verifies: edible food recovery contracts and written agreements, recordkeeping, and that the generator is donating the maximum amount of edible food they would otherwise dispose.
PBES Solid Waste division staff are conducting other inspections at these facilities as part of their regular work scope and this division is willing to conduct food recovery inspections. UVWMA will be charged a per inspection fee that will range from $150-$200 depending on Napa County’s current fee schedule. There are 7 Tier 1 donors and 13 Tier 2 donors in UVWMA, however this number will likely fluctuate annually. UVWMA staff estimate a maximum cost of $4,000 per year. Jurisdictions are not required to inspect all generators every year, but jurisdictions are required to conduct sufficient inspections to adequately determine overall compliance.
A copy of the MOU is attached - Napa County and Upper Valley Waste Management Agency Food Recovery Inspections MOU.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
It is not currently budgeted |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
UVWMA staff are currently focused on SB 1383 composting compliance and do not have the capacity for food recovery inspections. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Inspections will occur annually, costs will continue annually. |
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Consequences if not approved: |
UVWMA will complete required food recovery inspections, taking focus away from implementing other SB 1383 mandates. |
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Additional Information |
Sufficient funds exist within the appropriated UVA budget to cover these costs. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.