BILL ANALYSIS SENATE COMMITTEE ON AB 440 GOVERNMENTAL ORGANIZATION HEARING DATE: July 13, 1993 STAFF ANALYSIS OF ASSEMBLY BILL NO. 440 (Sher) As Amended July 8, 1993 SUBJECT Solid Waste: emergency regulations DESCRIPTION 1. AB 440 requires the California Integrated Waste Management š Board (CIWMB) to adopt emergency regulations relative to š city, county, and regional agency source reduction and š recycling elements and nondisposal facility elements. Also, š provides that the emergency regulations will remain in effect š for up to 2 years. 2. Establishes the following schedule under which local and š regional agencies must submit source reduction and recycling š elements and nondisposal facility elements to the CIWMB: (a) For jurisdictions with less than 8 years of disposal š site capacity, by April 30, 1994. (b) For jurisdictions with 8 or more years, but less than 15 š years of disposal capacity, by August 31, 1994. (c) For jurisdictions with 15 or more years of disposal site š capacity, by December 31, 1994. 3. Deletes the requirement that the member agencies of any š regional agency formed for the purpose of complying with the š waste diversion requirements of the Integrated Waste š Management Act must be located in rural areas (with a š population of 250,000 or less) and instead, authorizes the š regional agency and not the member agencies of the regional š agency to assume responsibility for compliance with the š diversion requirements. 4. Authorizes local agencies to enter into memorandums of š understanding (MOUs) to form joint powers agencies for the š purpose of preparing and implementing the planning and š implementation requirements of the Act. 5. Prohibits a city or county which receives or has received a š reduction in diversion requirements from being, or becoming, š a member agency of a regional agency for the purpose of š complying with those diversion requirements as a region. 6. Deletes the CIWMB's authority to reduce waste diversion š requirements for a portion of a county that consists of a š desert and mountain region and instead, authorizes the CIWMB š to reduce the diversion requirements of the Act for a portion š (continued) AB 440 (Sher) Page 2 of the unincorporated part of a county of the 7th class (San š Bernardino) if the county demonstrates and the CIWMB concurs, š based on substantial evidence in the record, that achievement š of the diversion requirements is not feasible in that area š due to the low population density of the area and the small š quantity of waste generated. 7. States Legislative intent that any area that is granted a š reduction in diversion requirements shall establish programs š to meet the requirements of the Act to the maximum extent š feasible. 8. Authorizes local agencies to revise specified elements of their waste management plans to reflect new data or information on source reduction, recycling or composting programs. 9. Requires local agencies to submit a report to the CIWMB š summarizing the jurisdiction's progress in achieving the š diversion requirements of the Act. The report must be š submitted at the time they submit their source reduction and š recycling elements, or by October 1, 1994, except as š specified. 10. Requires the CIWMB, by 1/1/95, to submit a report to the š Governor and Legislature summarizing city, county, regional š and statewide progress in achieving the diversion š requirements of the Act. 11. AB 440 is an URGENCY MEASURE, to take effect immediately. BACKGROUND Existing law, the California Integrated Waste Management Act šof 1989, requires local agencies to adopt and implement plans šwhich show that a city or county will divert, through source šreduction, recycling or composting, 25% of solid waste disposed šby 1995 and 50% by the year 2000. The Act requires the CIWMB to šadopt rules and regulations to carry out the provisions of the šAct. The Act provides that a city or county may enter into an šagreement with another city or county to form a "regional" agency šfor the purpose of implementing the various source reduction šelements required by the Act. The Act also allows full regional šauthority (e.g., the ability to fully cooperate and "average" šgoal attainment without reference to individual achievement) only šfor rural areas with no more than 250,000 combined population. In addition, the Act authorizes the CIWMB to reduce the šdiversion requirements if a city or a county, or a portion of a (continued) AB 440 (Sher) Page 3 county that consists of a desert and mountain region (San šBernardino) demonstrates, and the CIWMB concurs, based on šsubstantial evidence, that achievement of the diversion šrequirements is not feasible because of the small geographic size šor low population density and small quantity of waste generated. This measure would make the following changes to the šplanning provisions of the Act to insure timely compliance: (1) require the CIWMB to adopt "emergency regulations" to šaccelerate the time for submittal of local agency source šreduction and recycling elements and nondisposal facility šelements; (2) establish a schedule for local agencies to submit šelements described above based on the number of years remaining šin the disposal capacity of existing landfill sites; and, (3) require local agencies to submit to the CIWMB a report šsummarizing the jurisdiction's progress in meeting the diversion šrequirements of the Act. This measure would also make other šchanges to the Act relative to formation of joint powers agencies šand reduction of the diversion requirements. According to the author's office, this measure is intended što re-orient the Act to ensure that the 1995 date for compliance šwith the 25% diversion requirements is met. The author's office šalso points out that this measure would ensure that regulations šnecessary for local jurisdictions to complete their plans, šincluding schedules for submittal of certain elements, and other šinformation on which the CIWMB may judge whether or not plans are šin compliance with the law, are all in place. The Office of Administrative Law (OAL), in a letter dated šJune 16, 1993, had expressed opposition to this measure on the šbasis that it would authorize the CIWMB to adopt "permanent" šregulations without full Administrative Procedures Act šcompliance. The bill was amended on July 8, 1993 to address šOAL's concerns. SUPPORT: California Integrated Waste Management Board Californians Against Waste OPPOSE: None on file as of July 9, 1993. FISCAL COMMITTEE: Senate Appropriations Committee * * * * * * * * * * * AT