BILL NUMBER: AB 2176 CHAPTERED
BILL TEXT
CHAPTER 879
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2004
APPROVED BY GOVERNOR SEPTEMBER 29, 2004
PASSED THE ASSEMBLY AUGUST 25, 2004
PASSED THE SENATE AUGUST 19, 2004
AMENDED IN SENATE AUGUST 16, 2004
AMENDED IN SENATE JULY 12, 2004
AMENDED IN ASSEMBLY MAY 20, 2004
AMENDED IN ASSEMBLY APRIL 28, 2004
AMENDED IN ASSEMBLY APRIL 13, 2004
AMENDED IN ASSEMBLY APRIL 12, 2004
INTRODUCED BY Assembly Member Montanez
FEBRUARY 18, 2004
An act to amend Section 42911 of, and to add Chapter 12.7
(commencing with Section 42648) to Part 3 of Division 30 of, the
Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 2176, Montanez. Large venue and large event recycling
programs.
(1) Existing law, the California Integrated Waste Management Act
of 1989, establishes an integrated waste management program
administered by the California Integrated Waste Management Board.
The act requires each city, county, city and county, and regional
agency, if any, to develop a source reduction and recycling element
of an integrated waste management plan containing specified
components. On and after January 1, 2000, the element is required to
divert 50% of the solid waste subject to the element, except as
specified, through source reduction, recycling, and composting
activities.
This bill would require the board, by April 1, 2005, to make
available one or more model local agency ordinances to facilitate
solid waste reduction, reuse, and recycling programs at large venues
and large events, consult with specified entities while developing
the model ordinances, and post specified information on the board's
Internet Web site.
The bill would require each local agency, which the bill would
define as a city or a county, to provide specified information, on
and after July 1, 2005, to operators of large venues and large events
when issuing a permit and, by August 1, 2006, and annually
thereafter, until August 1, 2008, to provide the board with an
estimate and description of the top 10% of large venues and large
events within its jurisdiction, based upon amount of solid waste
generated, as submitted by operators at large venues and large
events.
The bill would require the board, by December 1, 2008, to evaluate
the solid waste reduction, reuse, and recycling rates and
implementation of waste reduction, reuse, and recycling plans in the
top 10% of large venues and large events, as reported by each local
agency. The bill would require the board, after reviewing specified
information, if it determines that less than 75% of the solid waste
reduction, reuse, and recycling plans for the large venues and large
events, have been prepared or implemented to meet their waste
reduction, reuse, and recycling rates, to recommend to the
Legislature those statutory changes needed to require operators of
large venues and large events to implement solid waste reduction,
reuse, and recycling plans.
The bill would require each operator of a large venue and large
event, by July 1, 2005, and on or before July 1 annually thereafter,
to submit specified documentation to the local agency, within one
month of a request by the local agency.
The bill would require the operator of a large venue or a large
event to meet by July 1, 2005, and by July 1 biennially thereafter,
with recyclers and the solid waste enterprise that provides solid
waste handling services to the large venue or large event to
determine the solid waste reduction and recycling programs that are
appropriate for the large venue or event, as specified.
The bill would require the board to provide technical assistance
and tools with regard to implementing the bill's requirements, to the
extent feasible under existing financial resources.
This bill would authorize a local agency to charge and collect a
fee from the operator of a large venue or large event in order to
recover the local agency's estimated costs incurred in complying with
the provisions of the bill.
The bill would impose a state-mandated local program by requiring
local agencies to provide specified information and include specified
requirements in the local permitting process.
(2) Existing law requires the board to adopt a model ordinance for
adoption by local agencies relating to adequate areas for collecting
and loading recyclable materials in development projects. Local
agencies are required to adopt an ordinance, not later than a
specified date, relating to adequate areas for collecting and loading
recyclable materials in development projects. If a local agency has
not adopted that ordinance by the specified date, the model
ordinance adopted by the board is required to take effect on that
date and be enforced by the local agency and have the same force and
effect as if adopted by the local agency as an ordinance.
This bill would prohibit a local agency, on and after July 1,
2005, from issuing any building permit to a development project,
unless the development project provides adequate areas for collecting
and loading recyclable materials.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Effective resource management techniques include preventing
the creation of waste through conscientious purchasing of materials,
buying recyclable, reusable, compostable, and recycled-content
products, and reusing materials and goods, as well as resource
recovery through recycling and composting.
(2) Experience in this state and others demonstrates that
effective resource management conserves natural resources and reduces
the need for additional landfill capacity.
(3) Experience also demonstrates that large venues and large
events generate substantial quantities of solid waste, primarily
corrugated cardboard, food waste, and compostables such as animal
bedding; and reusable and recyclable materials such as beverage
containers, paper, and glass.
(4) The community conservation corps has originated innovative
recycling programs through partnerships formed with an assortment of
schools, public agencies, and local organizations. These
partnerships supplement existing services, further state and county
waste studies, and assist in establishing conservation goals.
(b) Accordingly, it is the intent of the Legislature, in enacting
this act, to do all of the following:
(1) Encourage increased opportunities for effective resource
management for all consumers through implementation or reduction,
reuse, and recycling plans for large venues and large events,
including, but not limited to, large private, nonprofit, or publicly
owned stadiums, sports arenas, theaters, halls, amusement parks,
zoos, airports, fairgrounds, museums, and other large venue
businesses.
(2) Make effective solid waste reduction, reuse, and recycling
opportunities available and convenient to consumers, and urge cities
and counties to adopt ordinances that facilitate solid waste
reduction, reuse, and recycling opportunities at large venues and
events, to enhance the overall success of solid waste reduction,
reuse, and recycling in the state.
(3) Create a mechanism to aid cities and counties in complying
with waste diversion requirements set forth in the California
Integrated Waste Management Act of 1989 (Division 30 (commencing with
Section 40000) of the Public Resources Code).
(4) Encourage operators of large venues and large events to meet
with their local agency's recycling coordinator, or other official
designated by a local agency, community conservation corps,
recyclers, or the solid waste enterprise providing solid waste
handling, whether by exclusive franchise with the local agency or by
a permit, contract, or nonexclusive franchise, to do all of the
following:
(A) Determine the solid waste reduction, reuse, and recycling
programs that are appropriate for the large venue or large event.
(B) Develop solid waste reduction, reuse, and recycling rates, and
a plan that would achieve those solid waste reduction, reuse, and
recycling rates.
(C) Determine a timeline for implementation of the solid waste
reduction, reuse, and recycling plan and solid waste reduction,
reuse, and recycling rates.
(5) Encourage operators of large venues and large events to
include solid waste reduction, reuse, and recycling elements in their
design and operating plans, including, but not limited to, adequate
space for waste reduction, reuse, and recycling activities,
developing partnerships with community groups to encourage reuse of
materials, when appropriate, and negotiating solid waste handling and
recycling contracts that promote waste reduction, reuse, and
recycling.
(6) Encourage operators of large venues and large events to
purchase recyclable, reusable, compostable, and recycled-content
products.
SEC. 2. Chapter 12.7 (commencing with Section 42648) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER 12.7. LARGE VENUE RECYCLING
42648. For purposes of this chapter, the following definitions
apply:
(a) "Individual" means a person who works at, or attends, a large
venue or large event, or a customer who is seated or served at the
large venue or large event.
(b) "Large event" means an event that charges an admission price,
or is operated by a local agency, and serves an average of more than
2,000 individuals per day of operation of the event, including, but
not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event, including, but not limited to, a sporting event or a
flea market.
(c) "Large venue" means a permanent venue facility that annually
seats or serves an average of more than 2,000 individuals within the
grounds of the facility per day of operation of the venue facility.
For purposes of this chapter, a venue facility includes, but is not
limited to, a public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement park, conference or
civic center, zoo, aquarium, airport, racetrack, horse track,
performing arts center, fairground, museum, theater, or other public
attraction facility. For purposes of this chapter, a site under
common ownership or control that includes more than one large venue
that is contiguous with other large venues in the site, is a single
large venue.
(d) "Local agency" means a city or county.
42648.1. On or before April 1, 2005, the board shall take all of
the following actions:
(a) Make available one or more model ordinances that are suitable
for modification by a local agency and that may be adopted by a local
agency to facilitate solid waste reduction, reuse, and recycling
programs, at large venues and large events in accordance with the
requirements of this chapter.
(b) While developing the model ordinance, consult with
representatives of the League of California Cities, the California
State Association of Counties, recyclers, private and public solid
waste services and appropriate personnel involved with the operation
and management of large venues and large events.
(c) Post information on the board's Internet Web site on the solid
waste reduction, reuse, and recycling programs for implementation by
operators of large venues and large events to decrease solid waste
and increase diversion of recyclable materials.
(d) Post information on the board's Internet Web site for local
agencies, with examples of solid waste reduction, reuse, and
recycling programs, including, but not limited to, those operated by
community conservation corps.
42648.2. (a) (1) On and after July 1, 2005, when issuing a permit
to an operator of a large venue or large event, the local agency
shall provide information to the operator on programs that can be
implemented to reduce, reuse, and recycle solid waste materials
generated at the venue or event, and provide contact information
about where solid waste materials may be donated, recycled, or
composted. This information may include, but is not limited to,
providing information directing the operator of the large venue or
large event to the board's Web site or any other appropriate Web site
included by the local agency, direct mailings, brochures, or other
relevant literature.
(2) On or before August 1, 2006, and annually thereafter until
August 1, 2008, each local agency shall provide the board with an
estimate and description of the top 10 percent of large venues and
large events within its jurisdiction, based upon amount of solid
waste generated, as submitted by operators of large venues and large
events pursuant to Section 42648.3. To the extent that the
information is readily available to the local agency, the information
shall include the name, location, and a brief description of the
venue or event, a brief description of the types of wastes generated,
types, and estimated amount of materials disposed and diverted, by
weight, and existing solid waste reduction, reuse, and recycling
programs that the operator of the large venue or large event utilizes
to reduce, reuse, and recycle the solid waste. This information
shall be reported to the board as a part of the local agency's annual
report submitted pursuant to Section 41821.
(b) On or before December 1, 2008, the board shall evaluate the
solid waste reduction, reuse, and recycling rates and implementation
of waste reduction, reuse, and recycling plans in the top 10 percent
of large venues and large events as reported by each local agency
pursuant to paragraph (2) of subdivision (a). If the board, upon
reviewing the information reported to the board by local agencies
pursuant to paragraph (2) of subdivision (a), determines that less
than 75 percent of the solid waste reduction, reuse, and recycling
plans for the large venues and large events have been prepared or
implemented to meet their waste reduction, reuse, and recycling rates
developed pursuant to subdivision (a) of Section 42648.4, according
to the schedule determined pursuant to subdivision (b) of Section
42468.4, the board shall recommend to the Legislature those statutory
changes needed to require operators of large venues and large events
to implement waste reduction, reuse, and recycling plans.
42648.3. On or before July 1, 2005, and on or before July 1
annually thereafter, each operator of a large venue or large event
shall submit to the local agency, upon request by the local agency,
written documentation of waste reduction, reuse, recycling, and
diversion programs, if any, implemented at the large venue or large
event, and the type and weight of materials diverted and disposed at
that large venue or large event. If the operator of a large venue or
large event cannot implement a program as provided in the solid
waste reduction, reuse, and recycling plan, the operator shall
include a brief explanation for the delay as part of its report to
the local agency. The operator of the large venue or large event
shall submit the requested information to the local agency, no later
than one month from the date the operator receives the request.
42648.4. On or before July 1, 2005, and on or before July 1,
biennially thereafter, the operator of a large venue or large event
shall meet with recyclers and with the solid waste enterprise that
provides solid waste handling services to the large venue or large
event, whether by an exclusive franchise with the local agency, or by
a permit, contract, or nonexclusive franchise, to determine the
solid waste reduction, reuse, and recycling programs that are
appropriate for the large venue or large event. In determining
feasible solid waste reduction, reuse, and recycling programs, the
operator may do any of the following:
(a) Develop solid waste reduction, reuse, and recycling rates and
a solid waste reduction, reuse, and recycling plan that would achieve
those solid waste reduction, reuse, and recycling rates.
(b) Determine a timeline for implementation of the solid waste
reduction, reuse, and recycling plan and solid waste reduction,
reuse, and recycling rates.
42648.5. The board shall provide technical assistance and tools
to implement this chapter, to the extent feasible under existing
financial resources. This technical assistance may include, but is
not limited to, model documents, training, research on solid waste
management best practices, cost reduction, and innovative products to
assist local agencies and operators of large venues and large events
to develop and implement effective solid waste reduction, reuse, and
recycling plans and rates.
42648.6. If a large venue or large event has contiguous parcels
located in both the City of Los Angeles and the County of Los
Angeles, the requirements of this chapter shall apply only to the
local agency containing the majority of the property for that large
venue or event.
42648.7. A local agency may charge and collect a fee from an
operator of a large venue or large event in order to recover the
local agency's estimated costs incurred in complying with this
chapter.
SEC. 3. Section 42911 of the Public Resources Code is amended to
read:
42911. (a) Each local agency shall adopt an ordinance relating to
adequate areas for collecting and loading recyclable materials in
development projects.
(b) If a local agency has not adopted an ordinance for collecting
and loading recyclable materials in development projects on or before
September 1, 1994, the model ordinance adopted pursuant to Section
42910 shall take effect on September 1, 1994, and shall be enforced
by the local agency and have the same force and effect as if adopted
by the local agency as an ordinance.
(c) On and after July 1, 2005, a local agency shall not issue a
building permit to a development project, unless the development
project provides adequate areas for collecting and loading recyclable
materials.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.