BILL ANALYSIS
SB 1016
Page 1
SENATE THIRD READING
SB 1016 (Wiggins)
As Amended July 2, 2008
Majority vote
SENATE VOTE :Vote not relevant
NATURAL RESOURCES 8-0 APPROPRIATIONS 15-0
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|Ayes:|Hancock, Fuller, |Ayes:|Leno, Walters, Davis, |
| |Aghazarian, Brownley, | |DeSaulnier, Emmerson, |
| |Fuentes, Laird, Saldana, | |Furutani, Huffman, |
| |Wolk | |Karnette, Krekorian, La |
| | | |Malfa, Lieu, Ma, |
| | | |Nakanishi, Nava, Solorio |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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. Specifically, this bill :
1)Requires that on and after January 1, 2009, California
Integrated Waste Management Board (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%
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.
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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 non-disposal facility
element to reflect any new or expanded non-disposal
facilities;
c) Disposal characterization studies or other studies
showing the effectiveness of program implementation; and,
d) 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
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:
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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; and,
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.
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 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).
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FISCAL EFFECT : According to the Assembly Appropriations
Committee: minor costs, if any, to CIWMB to modify its process
for calculating a local jurisdiction's solid waste diversion
from disposal rate; moderate ongoing savings to CIWMB resulting
from the consolidation of information in the local jurisdiction
report and the reduced frequency with which the board must
review those reports. (Integrated Waste Management Account)
COMMENTS : The Act was established by AB 939 (Sher), Chapter
1095, Statutes of 1989, 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.
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.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
SB 1016
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FN: 0006001