BILL NUMBER: AB 341 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 10, 2011
An act to amend Sections 41730, 41731, 41734, 41735, 41736, 41800,
42926, 44004, and 50001 of, to add Sections 41734.5 and 41780.01 to,
and to add Chapter 12.8 (commencing with Section 42649) to Part 3 of
Division 30 of, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 341, as introduced, Chesbro. Solid waste: diversion.
(1) The California Integrated Waste Management Act of 1989, which
is administered by the Department of Resources Recycling and
Recovery, 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, including a
source reduction component, a recycling component, and a composting
component. With certain exceptions, the source reduction and
recycling element of that plan is required to divert 50% of all solid
waste from landfill disposal or transformation by January 1, 2000,
through source reduction, recycling, and composting activities.
This bill would require the department, on January 1, 2020, and
annually thereafter, to ensure that 75% of all solid waste generated
is source reduced, recycled, or composted.
(2) Existing law requires a city, county, and city and county to
incorporate the nondisposal facility element and any amendment to the
element into the revised source reduction and recycling element at
the time of the 5-year revision of the source reduction and recycling
element. Existing law requires the department to review an amendment
to a nondisposal facility element and requires a local task force to
review and comment on amendments to a nondisposal facility element.
This bill would repeal those requirements. The bill would instead
require a city, county, city and county, or regional agency to update
all information required to be included in the nondisposal facility
element. The bill would provide that the update is not subject to
approval by the department or comment and review by a local task
force.
(3) Existing law requires a local agency to impose certain
requirements on an operator of a large venue or event to facilitate
solid waste reduction, reuse, and recycling.
This bill would require the owner or operator of a business that
contracts for solid waste services and generates more than 4 cubic
yards of total solid waste and recyclable materials per week to take
specified action.
The bill would require a jurisdiction to implement a commercial
recycling program meeting specified elements but would not require
the jurisdiction to revise its source reduction and recycling element
if the jurisdiction adds or expands a commercial recycling program
to meet this requirement. The bill would authorize a local agency to
charge and collect a fee from a commercial waste generator to recover
the local agency's estimated costs incurred in complying with the
commercial recycling program requirements. By requiring a
jurisdiction to implement a commercial recycling program, this bill
would impose a state-mandated local program.
The bill would require the department to review a jurisdiction's
compliance with the above requirement as a part of the department's
review of a jurisdiction's compliance with the 50% solid waste
diversion requirement.
(4) Existing law requires each state agency to submit an annual
report to the department summarizing its progress in reducing solid
waste that is due on September 1 of each year starting in 2009.
This bill would change the due date to May 1 of each year.
(5) Existing law requires an operator of a solid waste facility
that wants to change the design or operation of the solid waste
facility in a manner not authorized by the current permit to apply
for a revised permit. Within 60 days of receipt of the application
for the revised permit, the enforcement agency is required to inform
the operator, and in some circumstances the department, of its
determination to allow the change without revision of the permit,
disallow the change, require a revision of the permit to allow the
change, or require review under the California Environmental Quality
Act before a decision is made.
This bill would also require the enforcement agency to give notice
of its determination to allow certain changes without a revision to
the permit through a modification to the permit allowed by
regulations developed by the department.
(6) 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 41730 of the Public Resources Code is amended
to read:
41730. Except as provided in Section 41750.1, each city shall
prepare, adopt, and, except for a city and county, transmit to the
county in which the city is located a nondisposal facility element
that includes all of the information required by this chapter and
that is consistent with the implementation of a city source reduction
and recycling element adopted pursuant to this part. The nondisposal
facility element and any amendments updates
to the element may be appended to the city's source
reduction and recycling element when that element is included in the
countywide integrated waste management plan, prepared pursuant to
Section 41750. The nondisposal facility element and any amendments to
the element shall not be subject to the approval of the
county and the majority of cities with the majority of the population
in the incorporated area.
SEC. 2. Section 41731 of the Public Resources Code is amended to
read:
41731. Except as provided in Section 41750.1, each county shall
prepare, adopt, and, except for a city and county, transmit to the
cities located in the county a nondisposal facility element that
includes all of the information required by this chapter and that is
consistent with the implementation of a county source reduction and
recycling element adopted pursuant to this part. The nondisposal
facility element and any amendments updates
to the element may be appended to the county's source
reduction and recycling element when that element is included in the
countywide integrated waste management plan prepared pursuant to
Section 41750. The nondisposal facility element and any amendments to
the element shall not be subject to the approval of the
majority of cities with the majority of the population in the
incorporated area.
SEC. 3. Section 41734 of the Public Resources Code is amended to
read:
41734. (a) (1) Prior to adopting or amending a
nondisposal facility element, the city, county, or regional agency
shall submit the element or amendment to the task
force created pursuant to Section 40950 for review and comment.
(2) Prior to adopting or amending a regional
agency nondisposal facility element, if the jurisdiction of the
regional agency extends beyond the boundaries of a single county, the
regional agency shall submit the element or amendment
for review and comment to each task force created pursuant
to Section 40950 of each county within the jurisdiction of the
regional agency.
(b) Comments by the task force shall include an assessment of the
regional impacts of potential diversion facilities and shall be
submitted to the city , city, county,
or regional agency and to the board
department within 90 days of the date of receipt of the
nondisposal facility element for review and comment.
SEC. 4. Section 41734.5 is added to the Public Resources Code, to
read:
41734.5. (a) Once a nondisposal facility element has been
adopted, the city, county, or regional agency shall update all
information required to be included in the nondisposal facility
element, including, but not limited to, new information regarding
existing and new, or proposed, nondisposal facilities.
(b) Updates shall be provided to the department within 30 days of
any change in information.
(c) Copies of the updated information shall also be provided to
the local task force and shall be appended or otherwise added to the
nondisposal facility element.
(d) The local task force shall not be required to review and
comment on the updates to the nondisposal facility elements.
(e) Updates to the nondisposal facility elements are not subject
to approval by the department.
SEC. 5. Section 41735 of the Public Resources Code is amended to
read:
41735. (a) Notwithstanding Division 13 (commencing with Section
21000), the adoption or amendment update
of a nondisposal facility element shall not be subject to
environmental review.
(b) Local agencies may impose a fee on project proponents to fund
their necessary and actual costs of preparing and approving
amendments updates to nondisposal facility
elements.
SEC. 6. Section 41736 of the Public Resources Code is amended to
read:
41736. It is not the intent of the Legislature to require cities
and counties to revise their source reduction and recycling elements
to comply with the requirements of this chapter. At the time
of the five-year revision of the source reduction and recycling
element, each city, county, and city and county shall incorporate the
nondisposal facility element and any amendments thereto into the
revised source reduction and recycling element.
SEC. 7. Section 41780.01 is added to the Public Resources Code, to
read:
41780.01. On or before January 1, 2020, and annually thereafter,
the department shall ensure that 75 percent of solid waste generated
is source reduced, recycled, or composted.
SEC. 8. Section 41800 of the Public Resources Code is amended to
read:
41800. (a) Except as provided in subdivision (b), within 120 days
from the date of receipt of a countywide or regional integrated
waste management plan which that the
board department has determined to be
complete, or any element of the plan which
that the board department has
determined to be complete, the board
department shall determine whether the plan or element is in
compliance with Article 2 (commencing with Section 40050) of Chapter
1 of Part 1, Chapter 2 (commencing with Section 41000), and Chapter 5
(commencing with Section 41750), and, based upon that determination,
the board department shall approve,
conditionally approve, or disapprove the plan or element.
(b) (1) Within 120 days from the date of receipt of a city,
county, or regional agency nondisposal facility element ,
which that the board
department has determined to be complete, and within
60 days from the date of receipt of an amendment to a city, county,
or regional agency nondisposal facility element, the board
the department shall determine whether the element
, which that the board
department has determined to be complete
, or amendment is in compliance with Chapter 4.5
(commencing with Section 41730) and Article 1 (commencing with
Section 41780) of Chapter 6, and, based upon that determination, the
board department shall approve,
conditionally approve, or disapprove the element or
amendment within that time period.
(2) In reviewing the element or amendment, the board
, the department shall:
(A) Not consider the estimated capacity of the facility or
facilities in the element or amendment unless the
board department determines that this
information is needed to determine whether the element or
amendment meets the requirements of Article 1 (commencing
with Section 41780) of Chapter 6.
(B) Recognize that individual facilities represent portions of
local plans or programs that are designed to achieve the diversion
requirements of Section 41780 and therefore may not arbitrarily
require new or expanded diversion at proposed facilities.
(C) Not disapprove an element or amendment that
includes a transfer station or other facility solely because the
facility does not contribute towards toward
the jurisdiction's efforts to comply with Section 41780.
(c) If the board department does not
act to approve, conditionally approve, or disapprove an element
which that the board
department has determined to be complete within 120 days,
or an amendment which the board has determined to be
complete within 60 days, the board the department
shall be deemed to have approved the element or
amendment .
SEC. 9. Chapter 12.8 (commencing with Section 42649) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER 12.8. COMMERCIAL RECYCLING
42649. (a) It is the intent of the Legislature to require
businesses to recycle solid waste that they generate.
(b) It is the intent of the Legislature to allow jurisdictions
flexibility in developing and maintaining commercial recycling
programs.
42649.1. For purposes of this chapter, the following terms mean
the following:
(a) "Business" means a commercial entity operated by a firm,
partnership, proprietorship, joint stock company, corporation, or
association that is organized as a for-profit or nonprofit entity, or
a multifamily residential dwelling of five units or more.
(b) "Commercial waste generator" means a business subject to
subdivision (a) of Section 42649.2.
(c) "Self-hauler" means a business that hauls its own waste rather
than contracting for that service.
42649.2. (a) The owner or operator of a business that contracts
for solid waste services and generates more than four cubic yards of
total solid waste and recyclable materials that are not solid waste
per week shall arrange for recycling services, consistent with state
or local laws or requirements, including a local ordinance or
agreement, applicable to the collection, handling, or recycling of
solid waste, to the extent that these services are offered and
reasonably available from a local service provider.
(b) A commercial waste generator shall take either of the
following actions:
(1) Source separate specified recyclable materials from solid
waste and subscribe to a basic level of recycling service that
includes the collection of those recyclable materials or specific
provisions for authorized self-hauling.
(2) Subscribe to an alternative type of recycling service that may
include mixed waste processing that yields diversion results
comparable to source separation.
42649.3. (a) Each jurisdiction shall implement a commercial
recycling program appropriate for that jurisdiction designed to
divert solid waste from businesses subject to Section 426492, whether
or not the jurisdiction has met the requirements of Section 41780.
(b) If a jurisdiction already has a commercial recycling program
as one of its diversion elements that meets the requirements of this
section, it shall not be required to implement a new or expanded
commercial recycling program.
(c) The commercial recycling program shall be directed at a
commercial waste generator, as defined in subdivision (b) of Section
42649.1, and may include, but is not limited to, any of the
following:
(1) Implementing a mandatory commercial recycling policy or
ordinance.
(2) Requiring a mandatory commercial recycling program through a
franchise contract or agreement.
(3) Requiring all commercial recycling material to go through a
mixed processing system that diverts material from disposal.
(d) The commercial recycling program shall include education and
outreach to businesses.
(e) The commercial recycling program may include enforcement and
monitoring provisions.
(f) The commercial recycling program may include certification
requirements for self-haulers.
(g) The department shall review a jurisdiction's compliance with
this section as part of the department's review required by Section
41825.
42649.4. (a) If a jurisdiction adds or expands a commercial
recycling program to meet the requirements of Section 42649.3, the
jurisdiction shall not be required to revise its source reduction and
recycling element, or obtain the department's approval pursuant to
Article 1 (commencing with Section 41800) of Chapter 7 of Part 1.
(b) If an addition or expansion of a jurisdiction's commercial
recycling program is necessary, the jurisdiction shall update in its
annual report required pursuant to Section 41821.
42649.5. (a) This chapter does not limit the authority of a local
agency to adopt, implement, or enforce a local commercial recycling
requirement that is more stringent or comprehensive than the
requirements of this section or limit the authority of a local agency
in a county with a population of less than 200,000 to require
commercial recycling.
(b) This chapter does not modify or abrogate in any manner any of
the following:
(1) A franchise granted or extended by a city, county, or other
local government agency.
(2) A contract, license, or permit to collect solid waste
previously granted or extended by a city, county, or other local
government agency.
(3) The existing right of a business to sell or donate its
recyclable materials.
42649.6. A local agency may charge and collect a fee from a
commercial waste generator in order to recover the local agency's
estimated costs incurred in complying with this chapter.
SEC. 10. Section 42926 of the Public Resources Code is amended to
read:
42926. (a) In addition to the information provided to the
board department pursuant to Section
12167.1 of the Public Contract Code, each state agency shall submit
an annual report to the board department
summarizing its progress in reducing solid waste as required by
Section 42921. The annual report shall be due on or before
September 1, 2009 May 1, 2012 , and on or before
September May 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
department 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 department 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. 11. Section 44004 of the Public Resources Code is amended to
read:
44004. (a) An operator of a solid waste facility may
shall not make a significant change in the
design or operation of the solid waste facility that is not
authorized by the existing permit, unless the change is approved by
the enforcement agency, the change conforms with this division and
all regulations adopted pursuant to this division, and the terms and
conditions of the solid waste facilities permit are revised to
reflect the change.
(b) If the operator wishes to change the design or operation of
the solid waste facility in a manner that is not authorized by the
existing permit, the operator shall file an application for revision
of the existing solid waste facilities permit with the enforcement
agency. The application shall be filed at least 180 days in advance
of the date when the proposed modification is to take place unless
the 180-day time period is waived by the enforcement agency.
(c) The enforcement agency shall review the application to
determine all of the following:
(1) Whether the change conforms with this division and all
regulations adopted pursuant to this division.
(2) Whether the change requires review pursuant to Division 13
(commencing with Section 21000).
(d) Within 60 days from the date of the receipt of the application
for a revised permit, the enforcement agency shall inform the
operator, and if the enforcement agency is a local enforcement
agency, also inform the board department
, of its determination to do any of the following:
(1) Allow the change without a revision to the permit.
(2) Allow the following changes without a revision to the permit
through a modification to the permit allowed pursuant to regulations
developed by the department:
(A) The proposed change is to allow a nondisposal facility to
increase the amount of solid waste that it may handle and that
increased amount is within the existing design capacity as described
in the facility's transfer processing report and review pursuant to
Division 13 (commencing with Section 21000).
(B) The proposed change is to allow a disposal facility to add a
nondisposal activity to the facility that will increase the amount of
solid waste that may be handled as described in the facility's
report of facility information and review pursuant to Division 13
(commencing with Section 21000).
(2)
(3) Disallow the change because it does not conform
with the requirements of this division or the regulations adopted
pursuant to this division.
(3)
(4) Require a revision of the solid waste facilities
permit to allow the change.
(4)
(5) Require review under Division 13 (commencing with
Section 21000) before a decision is made.
(e) The operator has 30 days within which to appeal the decision
of the enforcement agency to the hearing panel, as authorized
pursuant to Article 2 (commencing with Section 44305) of Chapter 4.
The enforcement agency shall provide notice of a hearing held
pursuant to this subdivision in the same manner as notice is provided
pursuant to subdivision (h).
(f) Under circumstances that present an immediate danger to the
public health and safety or to the environment, as determined by the
enforcement agency, the 180-day filing period may be waived.
(g) (1) A permit revision is not required for the temporary
suspension of activities at a solid waste facility if the suspension
meets either of the following criteria:
(A) The suspension is for the maintenance or minor modifications
to a solid waste unit or to solid waste management equipment.
(B) The suspension is for temporarily ceasing the receipt of solid
waste at a solid waste management facility and the owner or operator
is in compliance with all other applicable terms and conditions of
the solid waste facilities permit and minimum standards adopted by
the board department .
(2) An owner or operator of a solid waste facility who temporarily
suspends operations shall remain subject to the closure and
postclosure maintenance requirements of this division and to all
other requirements imposed by federal law pertaining to the operation
of a solid waste facility.
(3) The enforcement agency may impose any reasonable conditions
relating to the maintenance of the solid waste facility,
environmental monitoring, and periodic reporting during the period of
temporary suspension. The board department
may also impose any reasonable conditions determined to be
necessary to ensure compliance with applicable state standards.
(h) (1) (A) Before making its determination pursuant to
subdivision (d), the enforcement agency shall submit the proposed
determination to the board department
for comment and hold at least one public hearing on the proposed
determination. The enforcement agency shall give notice of the
hearing pursuant to Section 65091 of the Government Code, except that
the notice shall be provided to all owners of real property within a
distance other than 300 feet of the real property that is the
subject of the hearing, if specified in the regulations adopted by
the board department pursuant to
subdivision (i). The enforcement agency shall also provide notice of
the hearing to the board department
when it submits the proposed determination to the board
department .
(B) The enforcement agency shall mail or deliver the notice
required pursuant to subparagraph (A) at least 10 days prior to the
date of the hearing to any person who has filed a written request for
the notice with a person designated by the enforcement agency to
receive these requests. The enforcement agency may charge a fee to
the requester in an amount that is reasonably related to the costs of
providing this service and the enforcement agency may require each
request to be annually renewed.
(C) The enforcement agency shall consider environmental justice
issues when preparing and distributing the notice to ensure that the
notice is concise and understandable for limited-English-speaking
populations.
(2) If the board department comments
pursuant to paragraph (1), the board
department shall specify whether the proposed determination is
consistent with the regulation adopted pursuant to subdivision (i).
(i) (1) The board department shall,
to the extent resources are available, adopt regulations that
implement subdivision (h) and define the term "significant change in
the design or operation of the solid waste facility that is not
authorized by the existing permit."
(2) While formulating and adopting the regulations required
pursuant to paragraph (1), the board
department shall consider recommendations of the Working Group
on Environmental Justice and the advisory group made pursuant to
Sections 71113 and 71114 and the report required pursuant to Section
71115.
SEC. 12. Section 50001 of the Public Resources Code is amended to
read:
50001. (a) Except as provided by subdivision (b), after a
countywide or regional agency integrated waste management plan has
been approved by the California Integrated Waste Management
Board Department of Resources Recycling and Recovery
pursuant to Division 30 (commencing with Section 40000),
no a person shall not
establish or expand a solid waste facility, as defined in Section
40194, in the county unless the solid waste facility meets one of the
following criteria:
(1) The solid waste facility is a disposal facility or a
transformation facility, the location of which is identified in the
countywide siting element or amendment thereto
to that element , which has been approved pursuant to
Section 41721.
(2) The solid waste facility is a facility which is
designed to, and which as a condition of its permit, will
that is designed to recover for reuse or
recycling at least 5 percent of the total volume of material received
by the facility, and which that is
identified described in the nondisposal
facility element or amendment thereto, which
that has been approved pursuant to Section 41800 or
41801.5 is included in an update to that element
.
(b) Solid waste facilities other than those specified in
paragraphs (1) and (2) of subdivision (a) shall not be required to
comply with the requirements of this section.
(c) The person or agency proposing to establish a solid waste
facility shall prepare and submit a site identification and
description of the proposed facility to the task force established
pursuant to Section 40950. Within 90 days after the site
identification and description is submitted to the task force, the
task force shall meet and comment on the proposed solid waste
facility in writing. These comments shall include, but are not
limited to, the relationship between the proposed solid waste
facility and the implementation schedule requirements of Section
41780 and the regional impact of the facility. The task force shall
transmit these comments to the person or public agency proposing
establishment of the solid waste facility, to the county, and to all
cities within the county. The comments shall become part of the
official record of the proposed solid waste facility.
(d) The review and comment by the local task force
required by subdivision (c) for amendment to an element may be
satisfied by the review required by subdivision (a) of Section 41734
for an amendment to an shall not be required for an
update to a nondisposal facility element.
SEC. 13. 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, within the meaning of Section
17556 of the Government Code.