BILL NUMBER: SB 1016 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2007
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 Section 41821 of, and to add Section 41826 to,
the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1016, as amended, Wiggins. Diversion: alternative
compliance system. annual report.
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. A city,
county, or regional agency is required to submit an annual report to
the board summarizing its progress in reducing solid waste.
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. authorize the board, if it
determines that a city or county has diverted more than 50% of solid
waste from landfill disposal through source reduction, recycling,
and composting activities, to instead submit once every 2 years the
information required in the report. The bill would provide that if
the board authorizes a city or county to submit this information once
every 2 years, and either the city or county subsequently fails to
divert 50% of the solid waste, or if the board rescinds the
authorization, the city or county would be required to submit the
report annually.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41821 of the Public
Resources Code is amended to read:
41821. (a) (1) Each Except as provided in
subdivision (b) of Section 41826, each year following the
board's approval of a city, county, or regional agency's source
reduction and recycling element, household hazardous waste element,
and nondisposal facility element, the city, county, or regional
agency shall submit a report to the board summarizing its progress in
reducing solid waste as required by Section 41780.
(2) The annual report shall be due on or before August 1 of the
year following board approval of the source reduction and recycling
element, the household hazardous waste element, and the nondisposal
facility element, and on or before August 1 in each subsequent year.
The information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
(b) Each jurisdiction's annual report to the board shall, at a
minimum, include the following:
(1) Calculations of annual disposal reduction.
(2) Information on the changes in waste generated or disposed of
due to increases or decreases in population, economics, or other
factors in complying with subdivision (c) of Section 41780.1.
(3) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element. The city, county, or regional agency may also include
information about existing and new programs it is implementing that
are not part of the original or modified source reduction and
recycling element adopted by the jurisdiction and approved by the
board to achieve the diversion requirements of Section 41780.
(4) A summary of progress made in diversion of construction and
demolition of waste material, including information on programs and
ordinances implemented by the local government and quantitative data,
where available.
(5) If the jurisdiction has been granted a time extension by the
board pursuant to Section 41820 41820.5
, the jurisdiction shall include a summary of progress made in
meeting the source reduction and recycling element implementation
schedule pursuant to paragraph (2) of subdivision (a) of Section
41780 and complying with the jurisdiction's plan of correction, prior
to the expiration of the time extension.
(6) If the jurisdiction has been granted an alternative source
reduction, recycling, and composting requirement pursuant to Section
41785 41786 , the jurisdiction shall
include a summary of progress made towards meeting the alternative
requirement as well as an explanation of current circumstances that
support the continuation of the alternative requirement.
(7) Other information relevant to compliance with Section 41780.
(c) A jurisdiction may also include, in the report required by
this section, all of the following:
(1) Any factor that the jurisdiction believes would affect the
accuracy of the estimated waste disposal reduction calculation
provided in the report pursuant to paragraph (1) of subdivision (b)
to accurately reflect the changes in the amount of solid waste that
is actually disposed. The jurisdiction may include, but is not
limited to including, all of the following factors:
(A) Whether the jurisdiction hosts a solid waste facility.
(B) The effects of self-hauled waste and construction and
demolition waste.
(C) The original or subsequent base year calculation, the amount
of orphan waste, and the waste disposal reduction adjustment
methodology.
(2) Information regarding the programs the jurisdiction is
undertaking to respond to the factors specified in paragraph (1), and
why it is not feasible to implement programs to respond to other
factors that affect the amount of waste that is disposed.
(3) An estimate that the jurisdiction believes reflects that
jurisdiction's annual reduction or increase in the disposal of solid
waste.
(d) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the jurisdiction's
source reduction and recycling element needs to be revised.
(e) (1) The board shall adopt procedures for requiring additional
information in a jurisdiction's annual report. The procedures shall
require the board to notify a jurisdiction of any additional required
information no later than 120 days after the board receives the
report from the jurisdiction.
(2) Paragraph (1) does not prohibit the board from making
additional requests for information in a timely manner. A
jurisdiction receiving a request for information shall respond in a
timely manner.
(f) The board shall adopt procedures for conferring with a
jurisdiction regarding the implementation of a diversion program or
changes to a jurisdiction's calculation of its annual disposal
reduction.
SEC. 2. Section 41826 is added to the
Public Resources Code , to read:
41826. (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 simplify the system,
while improving its accuracy and adding additional emphasis to the
implementation of those diversion programs.
(3) New methods of streamlining accounting of disposal
quantification need to be examined while ensuring that the state
takes a lead role in adopting statewide strategies to divert solid
waste through source reduction, recycling, and composting.
(4) Each city or county should continue to implement diversion
programs to prevent an increase in disposal, consistent with the
waste management hierarchy specified in Section 40051 and in
accordance with the existing requirements of this division.
(b) (1) If the board determines that a city or county has diverted
more than 50 percent of solid waste from landfill disposal through
source reduction, recycling, and composting activities, the board may
authorize that city or county to submit once every 2 years the
information required in the annual report pursuant to subdivision (b)
of Section 41821. The biennial report shall be due on or before
August 1 of the subsequent year following board authorization and
shall encompass the two previous calendar years, January 1 to
December 31, inclusive.
(2) If the board authorizes a city or county to submit the
information specified in paragraph (1) once every 2 years, and either
the city or county subsequently fails to divert 50 percent of the
solid waste, or if the board rescinds the authorization, the city or
county shall submit the information required pursuant to subdivision
(b) of Section 41821 annually.
SECTION 1. Section 41825 of the Public
Resources Code is amended to read: All matter omitted in
this version of the bill appears in the bill as introduced in the
Senate, February 23, 2007. (JR11)