Category
(note: sections are per the new Agreement)
New Agreement
Current Agreement
Structure & Format (General)
60+ pages ✔Reorganized by SB 1383 compliance ✔ Detailed operational, enforcement & documentation requirements ✔ Designed to track, report, & demonstrate regulatory compliance 20 pages
Simple collection contract
Lacks compliance architecture
Predates SB 1383 (regs adopted 2020)
Operational language dominates
Self-Hauling / Exemptions
Section 2.64 - Definition (Self-Haul)
Section 4.3 - Scope of Franchise
subsections 4.3(a), (b), and (c)
✔ Expanded exemptions: edible food recovery, state facilities, incidental debris removal, landscape provisions, emergency collections ✔Imposes SB 1383 restrictions on self-haulers
Only mentions limited exemptions, mostly landscaper green waste & incidental C&D Waivers
Section 5 - Waivers for Commercial / Multi-Family
Section 14.4(c) - Implementation Record
✔Waivers exist and are explicitly authorized
✔Waivers are based on SB 1383 regulations
✔City has approval authority
✔ WM provides supporting documentation
✔ WM provides 5-year regulatory re-verifications
✔ Documentation creates an audit-defensible record
✔ City approval required
✔ WM must assist and document
✔ Waivers are a mandatory element of SB 1383
Only minor concepts
NO waiver process
NO criteria
NO documentation
NO enforcement authority
NO linkage to any State regulation
Contract is not compliant with SB 1383
Reporting Requirements
Section 14 - Reports & Adverse Information
14.1 - Quarterly Reporting
14.2 - Annual Reporting
14.3 - AB 939 Reporting
14.4 - SB 1383 Reporting
14.4(a) - Contamination Monitoring
14.4(b) - Compliance Report
14.4(c) - Implementation Record
14.4(d) - Other 1383 Data
✔ Quarterly / annual reports with tonnage, diversion, and performance data ✔ Full AB 939, AB 341, and AB 1826 compliance reporting ✔ Complete SB 1383 reporting for all required programs
✔ Contamination monitoring with route audits and tagged-cart data ✔ Compliance reports showing non-compliant customers and enforcement actions ✔ A maintained SB 1383 Implementation Record for City and State review ✔ Procurement credit data and edible food recovery reporting ✔ Inspection, monitoring, and waiver documentation
✔ Facility disposition reports showing where all materials go ✔ Customer complaint logs and resolution summaries.
✔ Operational metrics, route performance, and corrective actions ✔ Gross receipts verification upon request
Almost NO reporting structure
Basic diversion and contamination records only
NO State-mandated reporting references
This agreement contains NO procurement reporting, no edible food reporting, no implementation record, all required under State law today Enforcement / Compliance
Section 5.8 - Contamination Monitoring
5.8(a) - Route Monitoring
5.8(b) - Prohibited Container Contaminants / Fees
Section 19.2 - SB 1383 Complaints
Section 24.7 - Changes in Law
✔ WM monitors routes, tags contaminated carts, and reports contamination ✔ WM identifies prohibited contaminants, conducts waste audits, and applies contamination fees when directed ✔ WM logs, investigates, and documents all SB 1383 complaints ✔ WM adjusts services as laws change to keep the City compliant ✔ The City retains full enforcement authority; WM provides data and support ✔ WM supplies required SB 1383 reporting and documentation to assist City enforcement NO enforcement framework
NO trigger or documentation
NO contamination management structure
NO recordkeeping or notification process
NO concept of repeat violator tracking
NO link to compliance or enforcement
Does not support SB 1383 monitoring requirements
NO smart truck technology
NO compliance framework
NO distinction between roles
Inspection / Monitoring
Section 5.8 - Contamination Monitoring
✔ City retains enforcement authority
✔ WM supports monitoring via documentation
✔ WM provides repeat-violation reporting
✔ City receives all evidence needed for SB 1383 compliance and audits NO inspection language other than “record of non-collection” NO SB 1383 monitoring requirements
Edible Food Recovery Section 2.28, 2.31, and 2.34 - Definitions Section 4.3(m) - Edible Food Recovery Section 6.2(a) - General Section 14.4 - SB 1383 Reporting ✔ Recognizes edible food as NOT trash
✔ Requires WM to cooperate with food recovery organizations ✔ Provides SB 1383-compliant generator list
✔ Supports CalRecycle implementation records
✔ Educates generators on edible food prevention and donation ✔ Enables nonprofits to operate without franchise interference Contains zero references to edible food
Franchise Fees & Administrative Fees
Section 9.1 - Franchise Fees
Section 9.2(b) - Billing Fees Section 9.2(c) - Recycling Admin Fee ✔ Proposition 218-compliant structure ✔ City may adjust franchise fees through future Prop 218 processes ✔ Segregated revenue streams eliminate audit exposure
✔ Strong Prop 218 defensibility
✔ Billing Fee offsets City staffing, account management, and processing costs ✔ Recycling Admin Fee offsets costs for the unfunded mandated programs ✔ Billing transparency enables rate stability & audit compliance Fixed franchise fee of 10%
Broad application, transparency
SB 1383 (embedded throughout) Section 5(a) - Services Provided by Contractor Section 5.1(e) - Mandatory Service Waivers Section 5.10 - SB 1383 Compliance Reviews SB 1383 (cont.)
Section 10.4(3)(vi) - Liquidated Damages
Section 14.4 - SB 1383 Reporting
Section 19.2(b) SB 1383 Service Complaints
✔ State mandates explicitly referenced (AB 939, 341, 1826, SB 1383) ✔ Agreement includes required organics monitoring and enforcement standards ✔Contract automatically aligns with future State law changes ✔ Documentation obligations support CalRecycle audits
✔ Enforcement and reporting aligned with regulatory language ✔ Procurement compliance fully integrated
✔ Clear, defensible waiver process (low-volume, space constraints, self-haul).
NO SB 1383 references (predates the regulations)
NO SB 1383 references (predates the regulations)
Street Sweeping
Section 5.5(o) - Additional, Non-Regular Services & Exhibit G There is explicit street sweeping administration and oversight language:
✔ Dedicated routing coordinator required
✔ Complaint resolution responsibility
✔ City access to direct contact
✔ Requirement for sufficient staffing
✔ Administration obligations clarified
NO operational requirements
NO performance standards
NO monitoring, reporting, or complaint process
NO identified point of contact
NO SB 1383 compliance tie-in
Procurement & Credits Organic Waste Products
Section 5.9 - Procurement of Recovered Organic Waste Products Section 5.9(a) - Procurement Credits
Section 14.4 - SB 1383 Report
✔ Fully compliant with SB 1383
✔ City CAN count procurement credits
✔ Enables partnerships with IEUA, schools, parks
✔ Requires documentation, verification, certification
✔ City Manager can execute procurement agreements
✔ Cost neutral
NO procurement language
NO SB 1383 compliance
NO reporting, documentation, or MOUs
NO structure to count procurement credits
SUMMARY TABLE
Amended & Restated Agreement (2026) vs. Current Agreement (2018)