BILL ANALYSIS
SB 1016
Page 1
Date of Hearing: June 23, 2008
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Loni Hancock, Chair
SB 1016 (Wiggins) - As Amended: June 10, 2008
SENATE VOTE : Not relevant
SUBJECT : Diversion: compliance: per capita disposal rate
SUMMARY : Revises the measurement system used to determine
compliance with the California Integrated Waste Management Act
(Act) from diversion-based to disposal-based and makes related
changes to existing law.
EXISTING LAW :
1)Requires each city or county source reduction and recycling
element to include an implementation schedule that shows a
city or county must divert 25% of solid waste from landfill
disposal or transformation by January 1, 1995, through source
reduction, recycling, and composting activities, and must
divert 50% of solid waste on and after January 1, 2000.
2)Requires each city, county, or regional agency to annually
submit a report to the California Integrated Waste Management
Board (CIWMB) summarizing its progress in reducing solid
waste, and requires the report to contain certain information
(e.g., calculations of annual disposal reduction, information
on changes in waste generated or disposed, progress in
diverting construction and demolition waste material).
THIS BILL :
1)Requires that on and after January 1, 2009, CIWMB will
determine compliance with the diversion goals established by
the Act by comparing each jurisdiction's "per capita disposal
rate" with the jurisdiction's "50% equivalent" per capital
disposal rate on January 1, 2007.
2)Specifies that CIWMB consider the per capita disposal rate
when determining compliance with the Act, but that the rate is
not the only factor in determining compliance. Also requires
CIWMB to evaluate the need for a review of a jurisdiction's
program implementation should the rate exceed the 50%
SB 1016
Page 2
equivalent.
3)Specifies how CIWMB determines the per capita disposal rate
(total annual disposal divided by population).
4)Authorizes CIWMB to establish an alternative method for
developing the per capita disposal rate if a representative
rate cannot be determined using the specified method.
5)Specifies how CIWMB determines the 50% equivalent disposal
rate using years 2003-2006 waste generation information.
6)Retains CIWMB's authority to establish an alternative per
capita disposal rate for rural jurisdictions.
7)Revises the 10% diversion "credit" for transformation to
reflect the per capita disposal rate.
8)Clarifies and consolidates the information required for the
annual report submitted by jurisdictions to CIWMB, including:
a) An update of the jurisdiction's source reduction and
recycling element (SRRE) and household hazardous waste
element (HHWE) to include any new or expanded programs;
b) An update of the jurisdiction's nondisposal facility
element to reflect any new or expanded nondisposal
facilities;
c) Eliminates reference to an obsolete time extension;
d) Disposal characterization studies or other studies
showing the effectiveness of program implementation; and,
e) Any information describing the jurisdiction's good faith
efforts to comply with the requirements of the Act.
9)Specifies that CIWMB is not required to complete a full review
of the annual reports annually, but may use the information
included to assist CIWMB in providing technical assistance and
informally reviewing a jurisdiction's diversion program
implementation.
10)Exempts the annual report from the Uniform Electronic
Transactions Act, which will allow CIWMB to require electronic
SB 1016
Page 3
submission of the annual reports.
11)Requires CIWMB staff to visit each jurisdiction at least
annually to monitor the jurisdiction's implementation and
maintenance of diversion programs.
12)Revises the requirements relating to CIWMB review of each
jurisdiction as follows:
a) For jurisdictions meeting the 50% equivalent per capita
disposal rate or making a "good faith effort" to reach that
requirement, permits CIWMB to complete a review of the
jurisdiction not less than every four years, beginning
January 1, 2012, rather than every two years, as required
by existing law.
b) For jurisdictions failing to meet the 50% equivalent per
capita disposal rate or failing to make a "good faith
effort" to do so, permits CIWMB to complete a review of the
jurisdiction not less than every two years, beginning
January 1, 2010.
13)Moves the requirements relating to "good faith effort" from
the penalties provision of the Act (Section 41850) to the
review requirements of the Act (Section 41825) to allow CIWMB
to consider good faith efforts prior to issuing a compliance
order.
14)Makes conforming changes to the provisions requiring state
agencies and large state facilities to divert 50% of all solid
waste.
15)Makes an unrelated amendment to the use of revenues collected
by community college districts from the sale of recyclable
materials. Specifically, this provision requires community
college districts to offset costs of recycling programs.
9)Makes related clarifying changes to existing law.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background . The Act was established by AB 939 (Sher), Chapter
1095, Statutes of 1989,
SB 1016
Page 4
which created the current measurement system, which "counts" the
amount of waste diverted from landfill disposal to determine
compliance with the Act. This calculation requires complex and
time consuming calculations (an estimate of total waste
generation minus the amount of waste disposed) and adjustment
factors, as there is no mechanism to measure diversion. This
process also left significant questions relating to the accuracy
of the diversion number.
In 2000, SB 2202 (Environmental Quality Committee), Chapter 740,
Statutes of 2000, required CIWMB, in consultation with a working
group, to examine and revise the disposal reporting system.
This review sparked discussions relating to moving from a
diversion-based system to a disposal-based system to determine
compliance with the Act.
2)This bill . According to the author's office, this bill is
intended to "focus on disposal
reduction and enhanced program implementation efforts."
According to CIWMB, the benefits of moving to a disposal-based
system include: increases timeliness and accuracy; streamlines
review by allowing jurisdictions that are in compliance to be
reviewed every four years instead of every two; and, maintains
allowances for rural jurisdictions.
This bill includes an unrelated provision relating to community
college recycling revenues. According to CIWMB, this change is
needed to address a claim by community colleges to the
Commission on State Mandates for reimbursement for complying
with the state's diversion mandate.
3)Suggested amendments . The committee may wish to consider the
following amendments
should this bill move forward:
a) Delete Section 40181 from the bill. The inclusion of
this Section was the result of a drafting error.
b) Clarify that the review authorized in Section 40183
applies only to rural cities.
c) Clarify that the review authorized by Section 40184
applies only to rural counties.
d) Amend Section 41780.01(b)(1) to state:
SB 1016
Page 5
(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. shall
consider, but is not limited to, a jurisdiction's
per capita disposal rate and whether the jurisdiction
adequately implemented its diversion programs.
4)Related legislation . SB 1020 (Padilla) requires CIWMB to
develop a plan to achieve a 75%
statewide rate of solid waste diversion from landfills and other
disposal facilities. This bill is currently pending in the
Assembly Appropriations Committee. Should SB 1016 move forward,
conforming changes will need to be made to SB 1020.
REGISTERED SUPPORT / OPPOSITION :
Support
California Integrated Waste Management Board (sponsor)
Regional Council of Rural Counties
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092