BILL NUMBER: AB 1932 CHAPTERED
BILL TEXT
CHAPTER 665
FILED WITH SECRETARY OF STATE OCTOBER 10, 1995
APPROVED BY GOVERNOR OCTOBER 8, 1995
PASSED THE ASSEMBLY SEPTEMBER 5, 1995
PASSED THE SENATE JULY 30, 1995
AMENDED IN SENATE JULY 6, 1995
AMENDED IN ASSEMBLY APRIL 25, 1995
INTRODUCED BY Assembly Member Sweeney
(Principal coauthor: Assembly Member Lee)
FEBRUARY 24, 1995
An act to amend Section 41782 of the Public Resources Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1932, Sweeney. Solid waste: diversion requirements: regional
diversion facilities: reporting.
Existing law, the California Integrated Waste Management Act of
1989, administered by the California Integrated Waste Management
Board, regulates the management of solid waste.
The act requires each county to submit periodic reports to the
cities within the county, to any regional agency of which it is a
member agency, and to the board, on the amounts of solid waste
disposed by jurisdiction or region of origin, as specified, and on
the categories and amounts of solid waste diverted to recycling and
composting facilities within the county or region, as specified. The
act authorizes the board to make adjustments in the amounts reported
pursuant to those provisions, if the jurisdiction demonstrates, and
the board concurs, based on substantial evidence in the record, that
achievement of the diversion requirements is not possible due to
medical waste, when treated, becoming solid waste.
This bill would add as an alternative circumstance for making that
adjustment that a regional diversion facility located within the
jurisdiction accepts waste generated outside the jurisdiction and the
conversion or processing of that waste results in the production of
residual solid waste that cannot feasibly be diverted. The bill
would define a "regional diversion facility," for purposes of those
provisions, to mean a facility that meets specified criteria.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41782 of the Public Resources Code is amended
to read:
41782. (a) The board may make adjustments to the amounts reported
pursuant to subdivisions (a) and (c) of Section 41821.5, if the
city, county, or regional agency demonstrates, and the board concurs,
based on substantial evidence in the record, that achievement of the
diversion requirements of Section 41780 is not feasible due to
either of the following circumstances:
(1) A medical waste treatment facility, as defined in subdivision
(a) of Section 25025 of the Health and Safety Code, accepts untreated
medical waste, which was generated outside of the jurisdiction, for
purposes of treatment, and the medical waste, when treated, becomes
solid waste.
(2) (A) A regional diversion facility within the jurisdiction
accepts material generated outside the jurisdiction and the
conversion or processing of that material results in the production
of residual solid waste that cannot feasibly be diverted. Any
adjustment provided pursuant to this paragraph shall apply only to
that portion of the residual solid waste produced as a consequence of
processing material that is not subject to the reporting
requirements of subdivisions (a) and (c) of Section 41821.5 and that
cannot feasibly be allocated to the originating jurisdiction.
(B) For purposes of granting the reduction specified in
subparagraph (A) and for the purpose of calculating compliance with
the diversion requirements of Section 41780, "regional diversion
facility" means a facility which meets all of the following criteria:
(1) The facility accepts material for recycling from both within
and without the jurisdiction of the city or county within which it is
located.
(2) All material accepted by the facility has been
source-separated for the purpose of being processed prior to its
arrival at the facility.
(3) The residual solid waste generated by the facility is a
byproduct of the recycling that takes place at the facility.
(4) The facility is not a solid waste facility or solid waste
handling operation pursuant to Section 43020.
(5) The facility contributes to regional efforts to divert solid
waste from disposal.
(b) If the board makes an adjustment pursuant to subdivision (a),
the annual report required pursuant to Section 41821 by the
jurisdiction, within which a medical waste treatment facility or
regional diversion facility described in subdivision (a) is located,
shall include all of the following information:
(1) The total amount of residual solid waste produced at the
facility.
(2) The waste types and amounts in the residual solid waste that
cannot feasibly be diverted.
(3) The factors that continue to prevent the waste types from
being feasibly diverted.
(4) Any changes since the petition for adjustment was granted or
since the last annual report.
(5) The additional efforts undertaken by the jurisdiction to
divert the waste produced at the facility.
(c) Based upon the information submitted pursuant to subdivision
(b), if the board finds, as part of the biennial review pursuant to
Section 41825, that the residual solid waste that previously could
not be diverted can now be diverted, the board shall rescind the
adjustment commensurate with the amount of diversion of the residual
tonnages.
(d) It is not the intent of the Legislature to exempt any solid
waste facility or handling operation from periodic tracking and the
reporting of disposal tonnages in accordance with the regulations
adopted by the board pursuant to subdivisions (a) and (c) of Section
41821.5, or from the permitting requirements pursuant to Section
43020.