BILL NUMBER: SB 1016 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wiggins
FEBRUARY 23, 2007
An act to amend Sections 41825 and 41850 of, and to add Chapter 10
(commencing with Section 41979) to Part 2 of Division 30 of, the
Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1016, as introduced, Wiggins. Diversion: alternative compliance
system.
The California Integrated Waste Management Act of 1989, which is
administered by the California Integrated Waste Management Board,
requires each city, county, and regional agency, if any, to develop a
source reduction and recycling element of an integrated waste
management plan containing specified components. Those entities are
required to divert, from disposal or transformation, 50% of the solid
waste through source reduction, recycling, and composting subject to
the element, except as specified. The board is required to review
each city, county, or regional agency source reduction and recycling
element and household hazardous waste element at least once every 2
years and is required to issue an order of compliance, if the board
finds the city, county, or regional agency has failed to implement
those elements. The board, in determining whether or not to impose
any penalties on a city or county for violations of specified solid
waste reduction and recycling requirements imposed by the act, is
required to consider whether the jurisdiction has made a good faith
effort to implement its source reduction and recycling element or its
household hazardous waste element.
This bill would enact the Alternative Diversion Compliance System
Act, and would define terms. The act would require each city,
county, and regional agency to implement the diversion programs set
forth in its source reduction and recycling element, as specified.
The bill would require the diversion programs in the source reduction
and recycling element to prevent an increase in the countywide total
tonnage of solid waste disposed by the cities in a county, and
unincorporated area of the county, as compared to the base tonnage
year, as defined, and would require the diversion programs to be
implemented to prevent that increase. The board would be required to
determine the tonnage of solid waste disposed of in each county and
each regional agency, at least once every 2 years to determine
whether or not the county has met the requirements regarding the
prevention of an increase in the tonnage of waste disposed of in that
county.
The bill would require each city, county, and regional agency to
prepare an initial update of its source reduction and recycling
element and the household hazardous waste element to reflect all
diversion programs that the jurisdiction is implementing, based on a
specified schedule. A city, county, and regional agency would also be
required to prepare an initial update of its nondisposable facility
element. The bill would provide a procedure for the board review of
the update.
The bill would require a jurisdiction, if it determines that it
needs to expand or add programs, or utilize additional nondisposal
facilities, beyond those included in the initial update, to provide a
programmatic or nondisposal facility update of its source reduction
and recycling element and household hazardous waste element to the
board, pursuant to a specified process.
A jurisdiction would be required, by September 1, 2009, and on or
before September 1 every 2 years thereafter, to submit a report to
the board, including information regarding the implementation of the
diversion programs. The bill would require the board, on and after
January 1, 2009, when the board conducts a compliance review, to
additionally utilize specified criteria regarding compliance with the
act's waste increase prevention requirements. The board would be
required, in determining whether or not to issue a compliance order,
to primarily consider whether the diversion programs are being
implemented and would allow the board to consider a jurisdiction's
compliance with the waste increase prevention requirements only as an
indiction as to whether the implementation requirements have been
met. The bill would also require the board to consider specified
factors in determining whether or not to issue a compliance order.
The board would be required to provide technical assistance and
outreach to assist jurisdictions to comply with the act's
requirements.
The bill would make conforming changes regarding the compliance
order and related enforcement provisions. The bill would impose a
state-mandated local program by imposing new duties upon local
agencies.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41825 of the Public Resources Code is amended
to read:
41825. (a) At least once every two years, the board shall review
each city, county, or regional agency source reduction and recycling
element and household hazardous waste element.
(b) If after a public hearing, which, to the extent possible, is
held in the local or regional agency's jurisdiction, the board finds
that the city, county, or regional agency has failed to implement its
source reduction and recycling element or its household hazardous
waste element, the board shall issue an order of compliance with a
specific schedule for achieving compliance. The compliance order
shall include those conditions that the board determines to be
necessary for the local agency or regional agency to complete in
order to implement its source reduction and recycling element or
household hazardous waste element.
(c) (1) The board shall confer with a jurisdiction regarding
conditions relating to a proposed order of compliance, with a first
meeting occurring not less than 60 days before issuing a notice of
intent to issue an order of compliance.
(2) The board shall issue a notice of intent to issue an order of
compliance not less than 30 days before the board holds a hearing to
issue the notice of compliance. The notice of intent shall specify
all of the following:
(A) The proposed basis for issuing an order of compliance.
(B) Proposed actions that board staff recommends are necessary for
the jurisdiction to complete in order to implement its source
reduction and recycling element or household hazardous waste element.
(C) Proposed staff recommendations to the board.
(3) The board shall consider any information provided pursuant to
subdivision (c) of Section 41821 if the proposed issuance of an order
of compliance involves changes to a jurisdiction's calculation of
annual disposal reduction.
(d) On and after January 1, 2009, the board shall, when conducting
a review pursuant to this section, consider the criteria specified
in Section 41985.
SEC. 2. Section 41850 of the Public Resources Code is amended to
read:
41850. (a) Except as specifically provided in Section 41813, if,
after holding the public hearing and issuing an order of compliance
pursuant to Section 41825, the board finds that the city, county, or
regional agency has failed to make a good faith effort to implement
its source reduction and recycling element or its household hazardous
waste element, the board may impose administrative civil penalties
upon the city or county or, pursuant to Section 40974, upon the city
or county as a member of a regional agency, of up to ten thousand
dollars ($10,000) per day until the city, county, or regional agency
implements the element.
(b) In Except as provided in
subdivision (e), in determining whether or not to impose any
penalties, or in determining the amount of any penalties imposed
under this section, including any penalties imposed due to the
exclusion of solid waste pursuant to Section 41781.2 that results in
a reduction in the quantity of solid waste diverted by a city,
county, or regional agency, the board shall consider whether the
jurisdiction has made a good faith effort to implement its source
reduction and recycling element or its household hazardous waste
element. In addition, the board shall consider only those relevant
circumstances that have prevented a city, county, or regional agency
from meeting the requirements of this division, including the
diversion requirements of paragraphs (1) and (2) of subdivision (a)
of Section 41780, including, but not limited to, all of the
following:
(1) Natural disasters.
(2) Budgetary conditions within a city, county, or regional agency
that could not be remedied by the imposition or adjustment of solid
waste fees.
(3) Work stoppages that directly prevent a city, county, or
regional agency from implementing its source reduction and recycling
element or household hazardous waste element.
(4) The impact of the failure of federal, state, and other local
agencies located within the jurisdiction to implement source
reduction and recycling programs in the jurisdiction on the host
jurisdiction's ability to meet the requirements of paragraph (2) of
subdivision (a) of Section 41780.
(c) In addition to the factors specified in subdivision (b), the
board shall consider all of the following:
(1) The extent to which a city, county, or regional agency has
implemented additional source reduction, recycling, and composting
activities to comply with the diversion requirements of paragraphs
(1) and (2) of subdivision (a) of Section 41780.
(2) The extent to which a city, county, or regional agency is
meeting the diversion requirements of paragraphs (1) and (2) of
subdivision (a) of Section 41780.
(3) Whether the jurisdiction has requested and been granted an
extension to the requirements of Section 41780, pursuant to Section
41820 41820.5 , or an alternative
requirement to Section 41780, pursuant to Section 41785
41786 .
(4) Whether a local jurisdiction has provided information to the
board concerning whether construction and demolition waste material
is at least a moderately significant portion of the waste stream,
and, if so, whether the local jurisdiction has adopted an ordinance
for diversion of construction and demolition waste materials from
solid waste disposal facilities, has adopted a model ordinance
pursuant to subdivision (a) of Section 42912 for diversion of
construction and demolition waste materials from solid waste disposal
facilities, or has implemented another program to encourage or
require diversion of construction and demolition waste materials from
solid waste disposal facilities.
(d) (1) For the purposes of this section, "good faith effort"
means all reasonable and feasible efforts by a city, county, or
regional agency to implement those programs or activities identified
in its source reduction and recycling element or household hazardous
waste element, or alternative programs or activities that achieve the
same or similar results.
(2) For purposes of this section "good faith effort" may also
include the evaluation by a city, county, or regional agency of
improved technology for the handling and management of solid waste
that would reduce costs, improve efficiency in the collection,
processing, or marketing of recyclable materials or yard waste, and
enhance the ability of the city, county, or regional agency to meet
the diversion requirements of paragraphs (1) and (2) of subdivision
(a) of Section 41780, provided that the city, county, or regional
agency has submitted a compliance schedule pursuant to Section 41825,
and has made all other reasonable and feasible efforts to implement
the programs identified in its source reduction and recycling element
or household hazardous waste element.
(3) In determining whether a jurisdiction has made a good faith
effort, the board shall consider the enforcement criteria included in
its enforcement policy, as adopted on April 25, 1995, or as
subsequently amended.
(e) On and after January 1, 2009, the board shall also base its
determination whether to impose any penalties or the amount of the
penalties pursuant to this section upon a compliance order issued
pursuant to the criteria specified in subdivision (b) of Section
41985, as provided in Section 41986.
SEC. 3. Chapter 10 (commencing with Section 41979) is added to
Part 2 of Division 30 of the Public Resources Code, to read:
CHAPTER 10. ALTERNATIVE DIVERSION COMPLIANCE SYSTEM
41979. (a) The Legislature finds and declares all of the
following:
(1) The statewide diversion rate for the year 2005 is expected to
exceed 50 percent, and jurisdictions throughout the state have set
forth comprehensive arrays of programs to divert solid waste from
disposal.
(2) Adjustments to the ways in which diversion achievements are
measured and evaluated need to be implemented to make the system more
accurate, simplify it, and add additional emphasis to the
implementation of those diversion programs.
(b) This chapter shall be known and may be cited as the
Alternative Diversion Compliance System Act.
(c) The requirements of, and authority provided by, this chapter
are in addition to the requirements of, and authority provided by,
this part.
(d) For purposes of this chapter, the following definitions shall
apply:
(1) "Base tonnage year" means the countywide total tonnage of
solid waste disposed of by all cities in a county and the
unincorporated area of a county, or by the regional agency, during
the year 2006, as determined by the board pursuant to subdivision (a)
of Section 41984.
(2) "Diversion program" means the programs in the city or county
source reduction and recycling element, including any amendments,
revisions, or updates to the element, and any programs set forth in
any time extensions issued pursuant to Section 41820.5, alternative
diversion requirements issued pursuant to Section 41820.5, or
compliance orders issued pursuant to Section 41825, that have the
purpose of diverting solid waste from landfill disposal or
transformation, through source reception, recycling, and compost
activities.
(3) "Jurisdiction" means a city, county, or regional agency.
(4) "Local task force" means the task force convened pursuant to
Section 40950.
(5) "Nondisposal facility" means a solid waste facility that is
not a disposal or transformation facility.
(6) "Programmatic update" means the expansion or addition of
diversion programs to the source reduction and recycling element.
(7) "Small rural county" means a county that disposes of less than
100,000 tons of solid waste annually.
(8) "Uniform Electronic Transactions Act" means Title 2.5
(commencing with Section 1633.1) of Part 2 of Division 3 of the Civil
Code.
41980. (a) Each city, county, and regional agency shall implement
the diversion programs set forth in its source reduction and
recycling element, including any amendments, revisions, or updates to
the element, and any programs set forth in any time extensions,
alternative diversion requirements, or compliance orders approved
pursuant to this part.
(b) (1) The diversion programs in the source reduction and
recycling element shall prevent an increase in the countywide total
tonnage of solid waste disposed by the cities in a county, and
unincorporated area of the county, as compared to the base tonnage
year.
(2) The diversion programs in the source reduction and recycling
element shall be implemented to prevent an increase in the countywide
total tonnage of solid waste disposed of by the cities in a county,
and the unincorporated area of the county, as compared to the base
tonnage year.
41981. (a) Each city, county, and regional agency shall prepare
an initial update of its source reduction and recycling element
prepared pursuant to Chapter 2 (commencing with Section 41000) or
Chapter 3 (commencing with Section 41300), as applicable, and the
household hazardous waste element prepared pursuant to Chapter 3.5
(commencing with Section 41500) to reflect all diversion programs
that the jurisdiction is implementing on the date specified in
subdivision (d). This initial update shall include all programs set
forth in its source reduction and recycling element, including any
amendments, revisions, or updates to the element, and any programs
set forth in any time extensions, alternative diversion requirements,
or compliance riders that were being implemented or planned to be
implemented as of January 1, 2008.
(b) Each city, county, and regional agency shall prepare an
initial update of its nondisposal facility element prepared pursuant
to Chapter 4.5 (commencing with Section 41730) to reflect all
nondisposal facilities that the jurisdiction is utilizing or is
planning to utilize in implementing its diversion programs to comply
with Section 41980.
(c) The initial updates required in this section are not subject
to any requirements of this part that require the providing of public
notice, comments, review by the local task force, or the conduct of
a public hearing.
(d) The initial update required by this section shall be submitted
to the board in accordance with the following schedule:
(1) On or before April 1, 2008, if the jurisdiction's name begins
with the letters A to G, inclusive.
(2) On or before July 1, 2008, if the jurisdiction's name begins
with the letters H to P, inclusive.
(3) On or before September 1, 2008, if the jurisdiction's name
begins with the letters Po to Z, inclusive.
(e) The board shall presume that an initial update submitted
pursuant to this section meets the requirements of this section,
unless the board determines that the update does not contain all of
the information required by this section. If the board determines
that a jurisdiction's initial update is deficient, the board shall
notify the jurisdiction of the deficiencies it has identified within
60 days and the jurisdiction shall submit a new update within 30
days. If a jurisdiction does not resubmit an adequate initial update,
the board may utilize the procedures set forth in Sections 41812 and
41813.
(f) Notwithstanding the Uniform Electronic Transactions Act, the
city, county, or regional agency shall submit the initial update
electronically using the board's electronic reporting format system.
(g) After providing an initial update pursuant to this section, a
jurisdiction shall provide updates pursuant to Section 41983.
41982. (a) If a jurisdiction determines that it needs to expand
or add programs, or utilize additional nondisposal facilities, beyond
those included in the initial update submitted pursuant to Section
41981, to meet the requirements of subdivision (b) of Section 41980,
the jurisdiction shall provide a programmatic or nondisposal facility
update of its source reduction and recycling element and household
hazardous waste element to the board.
(b) The jurisdiction's determination regarding the need for the
expansion or addition of programs, or to utilize additional
nondisposal facilities, shall be made in accordance with the
applicable local processes used in the jurisdiction, but is not
subject to any requirements of the part that requires the providing
of public notice, comments and review by the local task force, or the
conduct of a public hearing.
(c) A jurisdiction may submit to the board a voluntary
programmatic or nondisposal facility update at any time.
(d) The board shall acknowledge the receipt of a programmatic
update submitted pursuant to subdivision (a), but shall not review
and approve the update at the time of submittal. The board shall
evaluate any expanded or additional programs submitted pursuant to
subdivision (a) only as part of the biennial review as set forth in
subdivision (e) of Section 41985.
(e) The addition of a nondisposal facility update shall be
approved by the board in accordance with Section 41800.
(f) Notwithstanding the Uniform Electronic Transactions Act, the
jurisdiction shall submit the programmatic or nondisposal facility
update electronically to the board using the board's electronic
reporting format system.
41983. (a) On or before September 1, 2009, and on or before
September 1 every two years thereafter, a jurisdiction shall submit a
report to the board which shall include all of the following
information:
(1) A summary of the jurisdiction's implementation of diversion
programs set forth in its source reduction and recycling element and
the programs set forth in household hazardous waste element.
(2) An update of the jurisdiction's source reduction and recycling
element and household hazardous waste element to include any new or
expanded programs that jurisdiction has implemented or plans to
implement.
(3) An update of the jurisdiction's nondisposal facility element
to reflect all new or expanded nondisposal facilities the
jurisdiction is using or planning to use.
(4) The information required by Section 41821.
(b) The information in the report required by this section shall
encompass the previous two calendar years from January 1 to December
31, inclusive.
(c) In addition to the requirements of subdivision (a), if the
county in which the jurisdiction is located fails to meet the
requirements of subdivision (b) of Section 41980, the biennial report
may include information as to why this has occurred, other than a
failure to implement the diversion programs, including, but not
limited to, all of the following:
(1) The rural nature of the jurisdiction.
(2) Growth rate within the jurisdiction.
(3) Any waste generation or other studies done that show the
effectiveness of the programs being implemented.
(4) Other information describing the good faith efforts of the
jurisdiction.
(d) Notwithstanding the Uniform Electronic Transactions Act, the
biennial report shall be submitted electronically using the board's
electronic biennial reporting format system.
41984. (a) The board shall determine the tonnage of solid waste
disposed of in each county and each regional agency in the year 2006.
(b) At least once every two years, the board shall determine
whether or not each county has met the requirements of subdivision
(b) of Section 41980.
41985. (a) On and after January 1, 2009, when the board conducts
a review pursuant to subdivision (a) of Section 41825, the board
shall also utilize the following criteria:
(1) If the board finds that the county is in compliance with the
requirements of subdivision (b) of Section 41980, the board shall
conduct a review of program implementation to determine if each city,
county, and regional agency within the county has implemented the
diversion programs required by subdivision (a) of Section 41980. The
board shall presume that the county complies with Section 41980,
which presumption may be rebutted.
(2) Except as provided in paragraph (3), if the board finds the
county is not in compliance with the requirements of subdivision (b)
of Section 41980, the board shall conduct a review of the
effectiveness of the implementation of the diversion programs and
shall determine if the diversion programs of each city, county, and
regional agency within the county are adequately addressing all
significant sources of disposal to achieve compliance with
subdivision (b) of Section 41980. The board shall presume that the
county is not in compliance with the requirements of Section 41980,
which presumption may be rebutted.
(3) The board shall review the diversion program implemented by a
small rural county and shall determine if each city, county, and
regional agency within the county has implemented the diversion
programs required by subdivision (a) of Section 41980. If the board
makes this finding, the board shall presume that the county complies
with Section 41980, which presumption may be rebutted.
(b) In determining whether or not to issue a compliance order
pursuant to Section 41825, the board may issue a compliance order
only if the board determines that the jurisdiction has failed to make
a good faith effort pursuant to subdivision (d) of Section 41850, to
implement its source reduction and recycling element or its
household hazardous waste element.
(1) In making a determination pursuant to this section, the board
shall primarily consider whether the diversion programs are in
compliance with subdivision (a) of Section 41980 and whether
additional program implementation is necessary to adequately address
all significant sources of disposal.
(2) In making a determination pursuant to this section, the board
may consider a jurisdiction's compliance with the requirements of
subdivision (b) of Section 41980 only as an indication of whether the
requirements of subdivision (a) of Section 41980 have been met. The
board shall not consider a jurisdiction's compliance with subdivision
(b) of Section 41980 determinative as to whether the jurisdiction
has failed to make a good faith effort pursuant to subdivision (d) of
Section 41850, to implement its source reduction and recycling
element or its household hazardous waste element.
(c) In addition to considering the good faith efforts to implement
a diversion program, the board shall consider all of the following
factors in determining whether or not to issue a compliance order
pursuant to Section 41825:
(1) The rural nature of the jurisdiction.
(2) Whether exceptional growth rate that may have affected
compliance with subdivision (b) of Section 41980.
(3) Other information that the jurisdiction may provide that
indicates the effectiveness of the jurisdiction's programs, such as
waste generation studies, or other jurisdiction-specific information.
41986. In determining whether or not to issue penalties pursuant
to Section 41850, the board's determination regarding implementation
shall also be based upon the city, county, or regional agency's
implementation of the programs required by a compliance order issued
in accordance with Section 41985.
41987. The board shall provide technical assistance and outreach
to assist jurisdictions to comply with Section 41980, in accordance
with subdivision (d) of Section 40912.
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.