BILL NUMBER: SB 1016 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 10, 2008
AMENDED IN SENATE APRIL 10, 2007
INTRODUCED BY Senator Wiggins
FEBRUARY 23, 2007
An act to amend Section 41821 of, and to add Section
41826 to, the Public Resources Sections 40181, 40183,
40184, 41780, 41783, 41820.6, 41821, 41850 , 42921, and
42926 of, to amend the headings of Article 4 (commencing with Section
41825) and Article 5 (commencing with Section 41850) of Chapter 7 of
Part 2 of Division 30 of, to add Sections 40127, 40144, 40150.1,
41780.05, 42921.5, and 42927 to, and to repeal and add Section 41825
of, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1016, as amended, Wiggins. Diversion: annual report.
compliance: per capita disposal rate.
The
(1) 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. A city, county, or regional agency is required to submit
an annual report to the board summarizing its progress in reducing
solid waste. Existing law requires the board to review, a least
once every 2 years, a jurisdiction's source reduction and recycling
element and household hazardous waste element. The board is required
to issue an order of compliance if the board finds that a
jurisdiction has failed to implement its source reduction
and recycling element or its household hazardous waste element,
pursuant to a specified procedure. If, after issuing an order of
compliance, the board finds the city, county, or regional agency has
failed to make a good faith effort to implement those elements, the
board is authorized to impose administrative civil penalties upon the
city, county, or regional agency.
This bill would 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.
This bill would define the terms "diversion program,"
"jurisdiction," and "multicounty regional agency," for purposes of
the act and would revise the definitions of the terms "rural city"
and "rural county." The bill would delete the condition that the
solid waste subject to source reduction, recycling, and composting
under these provisions, be diverted from landfill disposal or
transformation.
The bill would repeal the board's existing 2-year process and
instead require the board to make a finding whether each jurisdiction
was in compliance with the act's diversion requirements for calendar
year 2006 and to review a jurisdiction's compliance with those
diversion requirements in accordance with a specified schedule, which
would be conditioned upon the board finding that the jurisdiction is
in compliance with those requirements or has made a good faith
effort to implement its source reduction and recycling element and
household hazardous waste element.
The bill would require the board to issue an order of compliance
if the board finds that the jurisdiction has failed to make a good
faith effort to implement its source reduction and recycling element
or its household hazardous waste element, pursuant to a specified
procedure. The board would be required to comply with certain
requirements, in making this determination.
The bill would revise the information required to be included in
the jurisdiction's annual report to the board and would require the
report to be submitted to the board electronically. 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) Existing law requires each state agency, as defined, to
develop and adopt, in consultation with the board, an integrated
waste management plan. Each state agency and large state facility is
required to divert at least 50% of the solid waste generated by the
state agency or large state facility from landfill disposal or
transformation facilities. "State agency" is defined, for purposes of
these requirements, to include the California Community Colleges.
This bill would require the board to determine if a state agency
or large state facility is in compliance with the 50% diversion
requirement by comparing the annual per capita disposal rate of the
state agency or large state facility with the per capita disposal
rate that the agency or facility necessary to comply with much .The
board would be authorized to consider an agency's or facility's per
capita disposal rate as a factor in determining whether the agency or
facility is adequately implementing its integrated waste management
plan.
The bill would require a community college district to expend the
revenues derived from the sale of recyclable materials for the
purposes of offsetting recycling program costs and to expend all cost
savings that result from implementation of the district's integrated
waste management plan to fund the continued implementation of the
plan. A community college district would also be required to expend
the revenues and cost savings to offset recycling program costs
incurred from the initial date when the community college district
became subject to these requirements. A community college district
would be required to provide information to the board at least
annually, on the quantities of recyclable materials collected for
recycling, according to a schedule determined by the board and the
district. The bill would impose a state-mandated local program by
imposing new duties upon community colleges.
(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 specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40127 is added to the
Public Resources Code , to read:
40127. "Diversion program" means a program in the source
reduction and recycling element of a jurisdiction's integrated waste
management plan, specified in Chapter 2 (commencing with Section
41000) of, or Chapter 3 (commencing with Section 41300) of, Part 2
and that has the purpose of diverting solid waste from landfill
disposal or transformation through source reduction, recycling, and
composting activities. "Diversion program" additionally includes any
amendments, revisions, or updates to the element, and any programs
set forth in a time extension, alternative requirement, or compliance
order approved by the board pursuant to Part 2 (commencing with
Section 40900).
SEC. 2. Section 40144 is added to the
Public Resources Code , to read:
40144. "Jurisdiction" means a city, county, or regional agency
that is approved by the board pursuant to Section 40975.
SEC. 3. Section 40150.1 is added to the
Public Resources Code , to read:
40150.1. "Multicounty regional agency" means a regional agency,
as defined in Section 40181, that includes all of the jurisdictions
that are located in at least two or more rural counties.
SEC. 4. Section 40181 of the Public
Resources Code is amended to read:
40181. "Regional agency" or "regional planning agency"
means an agency formed pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code and
Article 3 (commencing with Section 40970) of Chapter 1 of Part 2.
SEC. 5 . Section 40183 of the
Public Resources Code is amended to read:
40183. (a) "Rural city" means either of the following:
or "rural regional agency" means a city or regional
agency that is located within a rural county as defined in Section
40184.
(1) A city that has a geographic area of less than three square
miles, has a current waste disposal rate of less than 100 cubic yards
per day, or 60 tons per day, and is located in a rural area.
(2) A city that has a population density of less than 1,500 people
per square mile, has a current waste disposal rate of less than 100
cubic yards per day, or 60 tons per day, and is located in a rural
area.
(b) Nothing in this (1) Unless the board
takes action pursuant to paragraph (2), this section
shall does not affect any reduction
granted to a rural city or rural county by the board pursuant to
Section 41787 prior to September 1, 1994
January 1, 2008 .
(2) The board may review and take action regarding any reduction
granted to a rural city or rural county by the board in accordance
with subdivision (b) of Section 41787.
SEC. 6. Section 40184 of the Public
Resources Code is amended to read:
40184. (a) "Rural county" means any a
county or multi county regional agency
that has a population of 200,000 or less and is located in a
rural area annually disposes of no more that 200,000
tons of solid waste .
(b) For the purposes of this section, Section 40183, and
subdivision (d) of Section 40973, "rural area" means those counties
and cities located in agricultural or mountainous areas of the state
and located outside the Department of Finance's Primary Metropolitan
Statistical Areas.
(c) Nothing in this
(b) (1) Unless the board takes action
pursuant to paragraph (2), this section shall
does not affect any reduction granted to a rural city or
rural county by the board pursuant to Section 41787 prior to
September 1, 1994 January 1, 2008 .
(2) The board may review and take action regarding any reduction
granted to a rural county in accordance with subdivision (b) of
Section 41787.
SEC. 7. Section 41780 of the Public
Resources Code is amended to read:
41780. (a) Each city or county
jurisdiction's source reduction and recycling element shall
include an implementation schedule that shows both of the following:
(1) For the initial element, the city or county
jurisdiction shall divert 25 percent of all solid waste
from landfill disposal or transformation by
January 1, 1995, through source reduction, recycling, and composting
activities.
(2) Except as provided in Sections 41783 ,
and 41784, and 41785, for the first and
each subsequent revision of the element, the city or county
jurisdiction shall divert 50 percent of all
solid waste on and after January 1, 2000, through source reduction,
recycling, and composting activities.
(b) Nothing in this part prohibits a city or county
This section does not prohibit a
jurisdiction from implementing source reduction, recycling, and
composting activities designed to exceed these
the requirements of this division .
SEC. 8. Section 41780.05 is added to the
Public Resources Code , to read:
41780.05. (a) On and after January 1, 2009, pursuant to the
review authorized by Section 41825, the board shall determine each
jurisdiction's compliance with Section 41780 for the years commencing
with January 1, 2007, by comparing each jurisdiction's change in its
per capita disposal rate in subsequent years with the equivalent per
capita disposal rate that would have been necessary for the
jurisdiction to meet the requirements of Section 41780 on January 1,
2007, as calculated pursuant to subdivisions (c) and (d).
(b) (1) For purposes of paragraph (5) of subdivision (e) of
Section 41825, in making a determination whether a jurisdiction has
made a good faith effort to implement its source reduction and
recycling element or its household hazardous waste element, the board
may consider a jurisdiction's per capita disposal only as an
indication of whether the jurisdiction has adequately implemented its
diversion programs. The board shall not consider an increase in the
per capita disposal rate to be determinative as to whether the
jurisdiction has made a good faith effort.
(2) When determining whether a jurisdiction has made a good faith
effort pursuant to Section 41825 to implement its source reduction
and recycling element or its household hazardous waste element, the
board shall consider that an increase in the per capita disposal rate
is the result of the amount of the jurisdiction's disposal
increasing faster than the jurisdiction's growth. The board shall use
this increase in the per capita disposal rate that is in excess of
the equivalent per capita disposal rate as a factor in determining
whether the board is required, pursuant to Section 41825, to more
closely examine a jurisdiction's program implementation efforts. This
examination may indicate that a jurisdiction is required to expand
existing programs or implement new programs, in accordance with the
procedures specified in Article 4 (commencing with Section 41825) and
in Article 5 (commencing with Section 41850).
(3) When reviewing the level of program implementation pursuant to
Sections 41825 and 41850, the board shall use, as a factor in
determining compliance with Section 41780, the amount determined
pursuant to subdivision (d) when comparing a jurisdiction's per
capita disposal rate in subsequent years.
(c) (1) Except as otherwise provided in this subdivision, for
purposes of this section, "per capita disposal" or "per capita
disposal rate" means the total annual disposal, in pounds, from a
jurisdiction divided by the total population in a jurisdiction, as
reported by the Department of Finance, divided by 365 days.
(2) (A) If a jurisdiction is predominated by commercial or
industrial activities and by solid waste generation from those
sources, the board may alternatively calculate per capita disposal to
reflect those differing conditions.
(B) When making a calculation for a jurisdiction subject to this
paragraph, "per capita disposal" or "per capita disposal rate" means
the total annual disposal, in pounds, from a jurisdiction divided by
total industry employment in a jurisdiction, as reported by the
Employment Development Department, divided by 365 days.
(C) The board shall calculate the per capita disposal rate for a
jurisdiction subject to this paragraph using the level of industry
employment in a jurisdiction instead of the level of population in a
jurisdiction.
(3) If the board determines that the method for calculating the
per capita disposal rate for a jurisdiction provided by paragraph (1)
or (2) does not accurately reflect that jurisdiction's disposal
reduction, the board may use an alternative method of calculating the
per capita disposal rate that more accurately reflects the
jurisdiction's efforts to divert solid waste.
(d) The board shall calculate the equivalent per capita disposal
rate for each jurisdiction as follows:
(1) Except as otherwise provided in this subdivision, the
equivalent per capita disposal rate for a jurisdiction shall be
determined using the method specified in this paragraph.
(A) The calculated generation tonnage for each year from 2003 to
2006, inclusive, shall be multiplied by 0.5 to yield the 50 percent
equivalent disposal total for each year.
(B) The 50 percent equivalent disposal total for each year shall
be multiplied by 2,000, divided by the population of the jurisdiction
in that year, and then divided by 365 to yield the 50 percent
equivalent per capita disposal for each year.
(C) The four 50 percent equivalent per capita disposal amounts
from the years 2003 to 2006, inclusive, shall be averaged to yield
the equivalent per capita disposal rate.
(2) If a jurisdiction is predominated by commercial or industrial
activities and by solid waste generation from those sources, the
board may alternatively calculate the equivalent per capita disposal
rate to reflect those conditions by using the level of industry
employment in a jurisdiction instead of the level of population in
that jurisdiction.
(3) If the board determines that the method for collecting the
equivalent per capita disposal rate for a jurisdiction pursuant to
this subdivision does not accurately reflect a jurisdiction's per
capita disposal rate that would be equivalent to the amount required
to meet the 50 percent diversion requirements of Section 41780, the
board may use an alternative method for calculating the equivalent
per capita disposal rate that more accurately reflects the
jurisdiction's diversion efforts.
(4) The board shall modify the percentage used in paragraph (1)
to maintain the diversion requirements approved by the board for a
rural jurisdiction pursuant to Section 41787.
(5) The board may modify the years included in making a
calculation pursuant to this subdivision for an individual
jurisdiction to eliminate years in which the calculated generation
amount is shown not to be representative or accurate, based upon a
generation study completed in one of the four years 2003 to 2006,
inclusive. In these cases, the board shall not allow the use of an
additional year other than 2003, 2004, 2005, or 2006.
(6) The board may modify the method of calculating the equivalent
per capita disposal rate for an individual jurisdiction to
accommodate the incorporation of a new city, the formation of a new
regional agency, or changes in membership of an existing regional
agency. These modifications shall ensure that a new entity has a new
equivalent per capita disposal rate and that the existing per capita
disposal rate of an existing entity is adjusted to take into account
the disposal amounts lost by the creation of the new entity.
(7) The board shall not incorporate generation studies or new base
year calculation for a year commencing after 2006 into the
equivalent per capita disposal rate.
(8) If the board determines that the equivalent per capita
disposal rate cannot accurately be determined for a jurisdiction, or
that the rate is no longer representative of a jurisdiction's waste
stream, the board shall evaluate trends in the jurisdiction's per
capita disposal to establish a revised equivalent per capita disposal
rate for that jurisdiction.
SEC. 9. Section 41783 of the Public
Resources Code is amended to read:
41783. (a) For any city, county,
or regional agency a jurisdiction's source
reduction and recycling element submitted to the board after January
1, 1995, and on or before January 1, 2009, the 50 percent
diversion requirement specified in paragraph (2) of subdivision (a)
of Section 41780 may include not more than 10 percent through
transformation, as defined in Section 40201, if all of the following
conditions are met:
(a)
(1) The transformation project is in compliance with
Sections 21151.1 and 44150 of this code and Section 42315 of the
Health and Safety Code.
(b)
(2) The transformation project uses front-end methods
or programs to remove all recyclable materials from the waste stream
prior to transformation to the maximum extent feasible.
(c)
(3) The ash or other residue generated from the
transformation project is routinely tested at least once quarterly,
or on a more frequent basis as determined by the agency responsible
for regulating the testing and disposal of the ash or residue, and,
notwithstanding Section 25143.5 of the Health and Safety Code, if
hazardous wastes are present, the ash or residue is sent to a class 1
hazardous waste disposal facility.
(d)
(4) The board holds a public hearing in the city,
county, or regional agency jurisdiction within which the
transformation project is proposed, and, after the public hearing,
the board makes both of the following findings, based upon
substantial evidence on the record:
(1)
(A) The city, county, or regional agency is, and will
continue to be, effectively implementing all feasible source
reduction, recycling, and composting measures.
(2)
(B) The transformation project will not adversely
affect public health and safety or the environment.
(e)
(5) The transformation facility is permitted and
operational on or before January 1, 1995.
(f)
(6) The city, county, or regional agency does not
include biomass conversion, as authorized pursuant to Section 41783,
in its source reduction and recycling element.
(b) On and after January 1, 2009, for purposes of the review
authorized by Section 41825, with regard to a jurisdiction's
compliance with Section 41780 for each year commencing January 1,
2007, the board may reduce the per capita disposal rate for a
jurisdiction, as calculated pursuant to subdivision (d) of Section
41780.05, by no more than 10 percent of the average of the calculated
per capita generation tonnage amount that is subject to
transformation pursuant to this section.
SEC. 10. Section 41820.6 of the Public
Resources Code is amended to read:
41820.6. (a) In addition to its authority under Section 41820,
the board may, after a public hearing, grant a time extension from
the diversion requirements of Section 41780 to a
city if both of the following conditions exist:
(1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code on or after
January 1, 2001.
(2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the diversion requirements
of Section 41780.
(b) The board may authorize a city that meets the requirements of
subdivision (a) to submit a source reduction and recycling element
that includes an implementation schedule that shows that the city
shall divert 50 percent of its estimated generation amount
of solid waste from landfill or transformation facilities
comply with the requirements of Section 41780 , within
three years from the date on which the source reduction and recycling
element is due pursuant to subdivision (b) of Section 41791.5,
through source reduction, recycling, and composting activities.
SEC. 11. Section 41821 of the Public
Resources Code is amended to read:
41821. (a) (1) Each year following the board's approval of a
city, county, or regional agency's
jurisdiction's source reduction and recycling element,
household hazardous waste element, and nondisposal facility element,
the city, county, or regional agency
jurisdiction shall submit a report to the board summarizing its
progress in reducing solid waste as required by Section 41780 ,
in accordance with the schedule set forth in this subdivision
.
(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)
(2 ) 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.
(3) An update of the jurisdiction's source reduction and recycling
element and household hazardous waste element to include any new or
expanded programs the jurisdiction has implemented or plans to
implement.
(4) An update of the jurisdiction's nondisposal facility element
to reflect any new or expanded nondisposal facilities the
jurisdiction is using or planning to use.
(4)
(5) 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, 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, 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)
(6) 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:
(1) Information on disposal reported pursuant to Section 41821.5
that the jurisdiction believes may be relevant to the board's
determination of the jurisdiction's per capita disposal rate.
(2) Disposal characterization studies or other completed studies
that show the effectiveness of the programs being implemented.
(3) Factors that the jurisdiction believes would affect the
accuracy of, or mitigate the amount of, solid waste disposed by the
jurisdiction, including, but not limited to, either of the following:
(A) Whether the jurisdiction hosts a solid waste facility or
regional diversion 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.
(4) The extent to which the jurisdiction previously relied on
biomass diversion credit and the extent to which it may be impacted
by the lack of the credit.
(2)
(5) Information regarding the programs the jurisdiction
is undertaking to respond to the factors specified in
paragraph (1) address specific disposal challenges
, 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.
(6) Other information that describes the good faith efforts of
the jurisdiction to comply with Section 41780.
(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 or
updated .
(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.
(3) If the schedule for the submission of an annual report by a
jurisdiction does not correspond with the scheduled review by the
board specified in subdivision (a) of Section 41825, the board shall
utilize the information contained in the annual report only to assist
the board in providing technical assistance and informally reviewing
the jurisdiction's diversion program implementation. The board is
not required to otherwise review the annual report for those years
that are in addition to the review required by subdivision (a) of
Section 41825.
(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 its diversion programs .
(g) Notwithstanding the Uniform Electronic Transactions Act (
Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3
of the Civil Code), a jurisdiction shall submit the progress report
required by this section to the board electronically, using the board'
s electronic reporting format system.
(h) Notwithstanding the reporting schedule required by this
section, and in addition to the review required by Section 41825, the
board shall visit each jurisdiction not less than once each year to
monitor the jurisdictions's implementation and maintenance of its
diversion programs.
SEC. 12. The heading of Article 4 (commencing with
Section 41825) of Chapter 7 of Part 2 of Division 30 of the
Public Resources Code is amended to read:
Article 4. Review and Enforcement
Compliance Orders
SEC. 13. Section 41825 of the Public
Resources Code is repealed.
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.
SEC. 14. Section 41825 is added to the
Public Resources Code , to read:
41825. (a) The board shall make a finding whether each
jurisdiction was in compliance with Section 41780 for calendar year
2006 and shall review a jurisdiction's compliance with Section 41780
in accordance with the following schedule:
(1) If the board makes a finding that the jurisdiction was in
compliance with Section 41780 for calendar year 2006, the board shall
review, commencing January 1, 2012, and at least once every four
years thereafter, whether the jurisdiction has made a good faith
effort to implement its source reduction and recycling element and
household hazardous waste element.
(2) If the board makes a finding that the jurisdiction did not
meet the requirements of Section 41780 for calendar year 2006 or for
any other subsequent calendar year, but made a good faith effort to
implement its source reduction and recycling element and household
hazardous waste element, the board shall review, commencing January
1, 2010, and at least once every two years thereafter, whether the
jurisdiction has made a good faith effort to implement its source
reduction and recycling element and household hazardous waste
element.
(3) If the board makes a finding that the jurisdiction was not in
compliance with Section 41780 for calendar year 2006 or for any
subsequent calender year, the board shall review, commencing January
1, 2010, and at least once every two years thereafter, whether the
jurisdiction has made a good faith effort to implement its source
reduction and recycling element and household hazardous waste
element.
(4) If, after determining that a jurisdiction is not in compliance
with Section 41780 and is subject to paragraph (2) or (3), the board
subsequently determines that the jurisdiction has come into
compliance with Section 41780, the board shall review, at least once
every four years, whether the jurisdiction has made a good faith
effort to implement its source reduction and recycling element and
household hazardous waste in the same manner as a jurisdiction that
is subject to paragraph (1).
(b) In addition to the requirements of subdivision (a), the board
may review whether a jurisdiction is in compliance with Section 41780
in accordance with the requirements of this section at any time that
the board receives information that indicates the jurisdiction may
not be making a good faith effort to implement its source reduction
and recycling element and household hazardous waste element.
(c) (1) Before issuing a compliance order pursuant to subdivision
(d), the board shall confer with the jurisdiction regarding
conditions relating to the 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) The proposed actions the board recommends are necessary for
the jurisdiction to complete to implement its source reduction and
recycling element or household hazardous waste element.
(C) The proposed 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.
(d) (1) If, after holding a public hearing, which, to the extent
possible, shall be held in the local or regional agency's
jurisdiction, the board finds that a jurisdiction has failed to make
a good faith effort 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.
(2) The compliance order shall include those conditions that the
board determines to be necessary for the jurisdiction to implement
its diversion programs.
(3) In addition to considering the good faith efforts of a
jurisdiction, as specified in subdivision (e), to implement a
diversion program, the board shall consider all of the following
factors in determining whether or not to issue a compliance order:
(A) The rural nature of the jurisdiction.
(B) Whether an exceptional growth rate may have affected
compliance.
(C) Other information that the jurisdiction may provide that
indicates the effectiveness of the jurisdiction's programs, such as
disposal characterization studies or other jurisdiction specific
information.
(e) For purposes of making a determination pursuant to this
section whether a jurisdiction has failed to make a good faith effort
to implement its source reduction and recycling element or its
household hazardous waste element, the board shall consider all of
the following criteria:
(1) For the purposes of this section, "good faith effort" means
all reasonable and feasible efforts by a jurisdiction 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 jurisdiction 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
jurisdiction to adequately address all sources of significant
disposal, the submission by the jurisdiction of a compliance
schedule, and the undertakers of all other reasonable and feasible
efforts to implement the programs identified in the jurisdiction"s
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.
(4) The board shall consider all of the following when considering
whether a jurisdiction has made a good faith effort to implement its
source reduction and recycling element or its household hazardous
waste element:
(A) Natural disasters.
(B) Budgetary conditions within a jurisdiction that could not be
remedied by the imposition or adjustment of solid waste fees.
(C) Work stoppages that directly prevent a jurisdiction from
implementing its source reduction and recycling element or household
hazardous waste element.
(D) 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.
(E) The extent to which the jurisdiction has implemented
additional source reduction, recycling, and composting activities.
(F) The extent to which the jurisdiction has made program
implementation choices driven by considerations related to other
environmental issues, including climate change.
(G) Whether the 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.
(H) The extent to which the jurisdiction has implemented programs
to comply with Section 41780 and to maintain its per capita disposal
rate.
(5) In making a determination whether a jurisdiction has made a
good faith effort, pursuant to this section, the board may consider a
jurisdiction's per capita disposal rate as a factor in determining
whether the jurisdiction adequately implemented its diversion
programs. The board shall not consider a jurisdiction's per capita
disposal rate to be determinative as to whether the jurisdiction has
made a good faith effort to implement its source reduction and
recycling element or its household hazardous waste element.
SEC. 15. The heading of Article 5 (commencing with
Section 41850) of Chapter 7 of Part 2 of Division 30 of the
Public Resources Code is amended to read:
Article 5. Enforcement and Penalties
SEC. 16. 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 jurisdiction 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
jurisdiction implements the element.
(b) 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 jurisdiction , the board shall
consider whether the city, county, or regional agency
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 jurisdiction from meeting the
requirements of this division, including , but not limited to,
the factors described in subdivisions (d) and (e) of
Section 41825.
(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, or an alternative requirement to Section 41780, pursuant to
Section 41785.
(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.
SEC. 17. Section 42921 of the Public
Resources Code is amended to read:
42921. (a) Each state agency and each large state facility shall
divert at least 25 percent of all solid waste generated by the state
agency from landfill disposal or transformation facilities
by January 1, 2002, through source reduction, recycling,
and composting activities.
(b) On and after January 1, 2004, each state agency and each large
state facility shall divert at least 50 percent of all solid waste
from landfill disposal or transformation facilities
through source reduction, recycling, and composting
activities.
SEC. 18. Section 42921.5 is added to the
Public Resources Code , to read:
42921.5. (a) On and after January 1, 2009, the board shall
determine each state agency's or a large state facility's compliance
with Section 42921, for each year commencing with January 1, 2007, by
comparing the per capita disposal rate in subsequent years with the
equivalent per capita disposal rate that would have been necessary
for the state agency or large state facility to comply with Section
42921 on January 1, 2007, as calculated pursuant to subdivision (d).
(b) In making a determination whether a state agency or large
state facility is in compliance with the requirements of Section
42921, the board may consider an agency's or facility's per capita
disposal rate as a factor in determining whether the state agency or
large state facility is adequately implementing its integrated waste
management plan. The board shall not consider a state, agency, or
large state facility's per capita disposal rate to be determinative
when considering whether the agency's or facility is implementing its
integrated waste management plan.
(c) When determining whether an agency or facility is in
compliance with Section 42921, the board shall consider that an
increase in the per capita disposal rate is a result of disposal
amounts increasing faster than the growth of the state agency or
large state facility. The board shall use an increase in the per
capita disposal rate that is in excess of the equivalent per capita
disposal rate as a factor in determining whether the board is
required to more closely examine the agency's or facility's plan
implementation efforts. If indicated by this examination, the board
may require a state agency or large state facility to expand existing
programs or implement new programs.
(d) (1) Except as provided in paragraph (2), "per capita disposal"
or "per capita disposal rate" means the total annual disposal by a
state agency or large state facility, in pounds, divided by total
number of employees in that state agency or large state facility, and
divided by 365 days.
(2) The board may alternatively define per capita disposal or per
capita disposal rate for a state agency or large state facility that
has a significant amount of disposal from nonemployees or for other
reasons that would make calculation of per capita disposal by the
number of employees inaccurate.
SEC. 19. Section 42926 of the Public
Resources Code is amended to read:
42926. (a) In addition to the information provided to the board
pursuant to Section 12167.1 of the Public Contract Code, each state
agency shall submit a an annual report
to the board summarizing its progress in reducing solid waste as
required by Section 42921. The annual report shall be due on or
before April 1, 2002 September 1, 2009 ,
and on or before April 1 September 1
in each subsequent year. The information in this report shall
encompass the previous calendar year.
(b) Each state agency's annual report to the board shall, at a
minimum, include all of 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 employees, economics, or other
factors.
(3) A summary of progress made in implementing the integrated
waste management plan.
(4) The extent to which the state agency intends to utilize
programs or facilities established by the local agency for the
handling, diversion, and disposal of solid waste. If the state agency
does not intend to utilize those established programs or facilities,
the state agency shall identify sufficient disposal capacity for
solid waste that is not source reduced, recycled, or composted.
(5) If the agency has been granted a time extension by the board
pursuant to Section 42923, the state agency shall include a summary
of progress made in meeting the integrated waste management plan
implementation schedule pursuant to subdivision (b) of Section 42921
and complying with the state agency's plan of correction, prior to
the expiration of the time extension.
(6) If the state agency has been granted an alternative source
reduction, recycling, and composting requirement pursuant to Section
42922, the state agency 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)
(5) Other information relevant to compliance with
Section 42921.
(c) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the agency's integrated
waste management plan needs to be revised.
SEC. 20. Section 42927 is added to the
Public Resources Code , to read:
42927. (a) Notwithstanding Section 12167 of the Public Contract
Code, a community college district shall expend the revenues derived
from the sale of recyclable materials for the purposes of offsetting
the recycling program costs imposed pursuant to this chapter.
(b) A community college district shall expend all cost savings
that result from implementation of the district's integrated waste
management plan pursuant to this chapter to fund the continued
implementation of the plan.
(c) A community college district shall expend the revenues and
cost savings specified in subdivisions (a) and (b) to offset
recycling program costs incurred pursuant to this chapter from the
initial date when the community college district became subject to
this chapter.
(d) A community college district shall provide information on the
quantities of recyclable materials collected for recycling at least
annually to the board, according to a schedule determined by the
board and the district.
SEC. 21. 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 or
because the act provides for offsetting savings to local agencies or
school districts that result in no net costs to the local agencies or
school districts, within the meaning of Section 17556 of the
Government Code.
SECTION 1. Section 41821 of the Public
Resources Code is amended to read:
41821. (a) (1) 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 41820.5, 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
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.