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The contract, which is valid through 2036, guarantees Hawaii Earth Recycling a minimum <br />annual payment of 40,000 tons at approximately $105/ton. Further, each year the per ton price <br />will be increased by adding the Consumer Price Index (CPI) through 2036. In other words, even <br />if the County provided only 5,000 tons to HER, the County would still be required to pay the <br />40,000 ton minimum. The certified funds amount for this year's contract is $4,751,900. <br />According to DEM, the County provides 30,000-32,000 tons of green waste each year to HER. <br />That would mean at the current price, Hawai` i County would be paying 8,000 tons over what <br />was received and processed and paying approximately $840,000 more than should be paid for <br />services rendered. <br />While mulch is better than nothing, it is extremely wasteful to taxpayers to pay for volumes of <br />mulch that is not being produced. <br />Wastewater Processing /Kovno Decision Challenges <br />PPP, particularly in regard to wastewater processing, water -recycling, and water treatment are <br />areas where there may be an opportunity for private partnerships as well as networking between <br />our County/State/Federal delegations to troubleshoot and rapidly address our island's crumbling <br />wastewater infrastructure. <br />DEM Director Ramzi Mansour has discussed this with the Mayor but still expressed hesitancy <br />due to concerns surrounding the Konno Decision. Various groups have met with the Mayor and <br />DEM, even on the day of our Zoom with Director Ramzi, but according to the administration <br />there may be obstacles in the path forward that could get resolved by legislative amendments and <br />union and political support. <br />Our DEM Permitted Interaction Group has briefly explored the successes the City & County of <br />Honolulu was able to achieve in their leverage of private public partnerships to address <br />wastewater infrastructure upgrades needed, and we believe this is an area warranting more <br />review by the administration and County Council members. Award winning projects that were <br />done in spite of the Hawaii Supreme Court decision in Konno that keeps coming up as a <br />roadblock. Our committee recommends that our County look to the examples elsewhere in our <br />State as Konno has a loophole that allows leeway if the focus is not on customary and historic <br />services. Honolulu did a 12 million gallons per day (MGD) water recycling facility in `Ewa as <br />water recycling was not a historic service. The facility built with no taxpayers' dollars stood <br />apart from the nearby Honouliuli Wastewater Treatment Plant (WWTP) and impacted no union <br />jobs. At the Sand Island WWTP, they met consent decree requirements in partnership with <br />Synagro Technologies Inc., which put in a digester for solids management. A soil amendment <br />product was produced for sale, which was not a customary or historic service. With Sand Island <br />moving to full secondary under the consent decree, another digester is being installed to handle <br />more volume. This resulted in no union lawsuit. <br />Mayor Roth has been approached by a couple of wastewater companies with very large <br />portfolios willing to invest in solutions for Hawaii County. We should find a way to say yes <br />while operating within the current confines and exemptions, if any exist, of the Konno decision. <br />One option to explore is lease to purchase. Hilo needs a new treatment plant and modular design <br />could eliminate the long procurement and design process while quickly bringing the plant into <br />compliance. Average daily flows are only 2 MGD and modular can go up to 3 MGD. A private <br />12 <br />2022 Cost of Govemment Commission —County of Hawai'i - Final Report <br />