BILL ANALYSIS
SB 1016
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2007-2008 Regular Session
BILL NO: SB 1016
AUTHOR: Wiggins
AMENDED: August 14, 2008
FISCAL: Yes HEARING DATE: August 20,
2008
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : SOLID WASTE: DIVERSION RATE MEASUREMENT
AND REPORTING
SUMMARY :
Existing law , under the California Integrated Waste Management
Act (Act) of 1989:
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).
3)Requires CIWMB to determine compliance status for cities and
counties by reviewing the report above in comparison to the
documents submitted to CIWMB that describe how they are
going to achieve and maintain the 50% diversion rate.
Jurisdictions are found to be in compliance by meeting or
exceeding the 50% diversion rate and implementing the
programs described in their plans or by making a good faith
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effort to implement their programs but not achieving the 50%
diversion rate. Jurisdictions who do not meet the above are
placed on compliance orders and are subject to fines.
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
capita 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 use an alternative per capita factor for
developing the per capita disposal rate if a representative
rate cannot be determined using the specified factors.
5)Specifies how CIWMB determines the 50% equivalent disposal
rate using years 2003-2007 waste generation information.
6)Revises the 10% diversion "credit" for transformation to
reflect the per capita disposal rate.
7)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
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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)Exempts the annual report from the Uniform Electronic
Transactions Act, which will allow CIWMB to require
electronic submission of the annual reports.
10)Requires CIWMB staff to visit each jurisdiction at least
annually to monitor the jurisdiction's implementation and
maintenance of diversion programs.
11)Revises the requirements relating to CIWMB review of each
jurisdiction as follows:
a) For jurisdictions meeting the 50% equivalent per
capita disposal rate and implementing waste reduction
programs, 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; and
c) Allows CIWMB to review and adjust the reporting
schedule for jurisdictions depending upon performance.
d) Establishes a sunset for this provision on January 1,
2018.
12)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
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CIWMB to consider good faith efforts prior to issuing
compliance order.
13)Deletes obsolete provisions related to time extension for
meeting the 50% diversion requirement and alternative
diversion rates.
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.
COMMENTS :
1) Purpose of Bill . 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.
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
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reimbursement for complying with the state's diversion
mandate.
2) Sunset Provision: Reporting Requirements . This bill
provides for a reporting system that allows CIWMB to defer
the more in-depth program review of jurisdictions that are
in compliance with the Act and are exceeding the current
diversion mandate of 50% from every two years to four. It
also provides for mechanisms to adjust the program reviews
for those jurisdictions that may come into compliance with
the diversion mandate as well as those that may fall below
the requirements. However, these changes in reporting
combined with the new method of calculation demand review
and oversight by the Legislature. It is imperative to
determine if these changes further the goals of the Act,
thus a sunset provision is included on the reporting
requirements to allow the Legislature to revisit these
issues in the future.
3) Referral to the Committee pursuant to Senate Rule 29.10 .
SB 1016 was heard by this committee on April 17, 2007 as a
measure extending the requirement of submittal of the
annual report requirement for jurisdictions in compliance
with the Act to every two years. It passed on a 6-0 vote
and passed out of the Senate on June 7, 2007 on a vote of
37-0.
It was significantly amended in the Assembly to reflect a
change in the counting system and passed the Assembly on
August 18, 2008 by a vote of 62-0.
Consistent with Senate Rule 29.10, the Senate Rules Committee
has referred the amended bill to the Senate Environmental
Quality Committee for a hearing owing to the Assembly
amendments.
SOURCE : California Integrated Waste Management Board
SUPPORT : Allied Waste Services
Californians Against Waste
California State Association of Counties
City of Azusa
League of California Cities
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Regional Council of Rural Counties
Sanitation Districts of Los Angeles County
Sierra Club California
Solid Waste Association of North America
OPPOSITION : None on file