BILL NUMBER: SB 1016 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 2, 2008
AMENDED IN ASSEMBLY JUNE 10, 2008
AMENDED IN SENATE APRIL 10, 2007
INTRODUCED BY Senator Wiggins
FEBRUARY 23, 2007
An act to amend 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: compliance: per capita
disposal rate.
(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 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 would be
necessary to comply with much .The the
50% diversion requirement. 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 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 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. SEC. 4. Section 40183 of the
Public Resources Code is amended to read:
40183. (a) "Rural city" or "rural regional agency" means a city
or regional agency that is located within a rural county as defined
in Section 40184.
(b) (1) Unless the board takes action pursuant to paragraph (2),
this section does not affect any reduction granted to a rural city
or rural county by the board pursuant to Section
41787 prior to 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. SEC. 5. Section 40184 of the
Public Resources Code is amended to read:
40184. (a) "Rural county" means a county or multicounty regional
agency that annually disposes of no more that 200,000 tons of solid
waste.
(b) (1) Unless the board takes action pursuant to paragraph (2),
this section does not affect any reduction granted to a
rural city or rural county by the board pursuant to Section
41787 prior to 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. SEC. 6. Section 41780 of the
Public Resources Code is amended to read:
41780. (a) Each jurisdiction's source reduction and recycling
element shall include an implementation schedule that shows both of
the following:
(1) For the initial element, the jurisdiction shall divert 25
percent of all solid waste by January 1, 1995, through source
reduction, recycling, and composting activities.
(2) Except as provided in Sections 41783 and 41784, for the first
and each subsequent revision of the element, the jurisdiction shall
divert 50 percent of all solid waste on and after January 1, 2000,
through source reduction, recycling, and composting activities.
(b) This section does not prohibit a jurisdiction from
implementing source reduction, recycling, and composting activities
designed to exceed the requirements of this division.
SEC. 8. SEC. 7. 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.
board shall consider, but is not limited to the consideration of,
the jurisdiction's per capita disposal rate and whether the
jurisdiction adequately implemented its diversion programs.
(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. SEC. 8. Section 41783 of the
Public Resources Code is amended to read:
41783. (a) For 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:
(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.
(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.
(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.
(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:
(A) The city, county, or regional agency is, and will continue to
be, effectively implementing all feasible source reduction,
recycling, and composting measures.
(B) The transformation project will not adversely affect public
health and safety or the environment.
(5) The transformation facility is permitted and operational on or
before January 1, 1995.
(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. SEC. 9. 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 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 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 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. SEC. 10. Section 41821 of
the Public Resources Code is amended to read:
41821. (a) (1) Each year following the board's approval of a
jurisdiction's source reduction and recycling element, household
hazardous waste element, and nondisposal facility element, the
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) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element.
(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.
(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.
(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) 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.
(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.
(5) Information regarding the programs the jurisdiction is
undertaking to 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.
(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 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 jurisdiction's
implementation and maintenance of its diversion programs.
SEC. 12. SEC. 11. 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 Compliance Orders
SEC. 13. SEC. 12. Section 41825 of
the Public Resources Code is repealed.
SEC. 14. SEC. 13. 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. SEC. 14. 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 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 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 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 jurisdiction from meeting the requirements of
this division, including, but not limited to, the factors described
in subdivisions (d) and (e) of Section 41825.
SEC. 15. 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 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 the
diversion requirements of paragraphs (1) and (2) of subdivision (a)
of Section 41780, including, but not limited to,
all of the following: 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. SEC. 16. 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 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
through source reduction, recycling, and composting activities.
SEC. 18. SEC. 17. 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. SEC. 18. 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 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 September 1, 2009, and on or
before 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) 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. SEC. 19. 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. SEC. 20. 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.