Bill Text: CA AB1594 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Waste management.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 719, Statutes of 2014. [AB1594 Detail]

Download: California-2013-AB1594-Amended.html

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BILL NUMBER: AB 1594	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 22, 2014
	AMENDED IN SENATE  AUGUST 4, 2014
	AMENDED IN SENATE  JULY 1, 2014
	AMENDED IN SENATE  JUNE 12, 2014
	AMENDED IN ASSEMBLY  MAY 27, 2014
	AMENDED IN ASSEMBLY  MAY 7, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 3, 2014

   An act to amend  Section   Sections 40507 and
 41781.3 of the Public Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1594, as amended, Williams.  Solid waste: recycling:
diversion: green material.   Waste management. 
   The California Integrated Waste Management Act of 1989, which is
administered by the Department of Resources Recycling and Recovery,
establishes an integrated waste management program. The act requires
 the department to file an annual report, on or before March 1 of
each year, with the Legislature, regarding the administration of the
act during the prior calendar year.  
   This bill would require the department to include in the annual
report, on or before March 1, 2015, a status update on the adequacy
of funding from the Integrated Waste Management Fund for programs
implemented pursuant to the act and pursuant to other specified
provisions regulating waste management facilities. The bill would
authorize the department to recommend alternative funding mechanisms
for the programs, as specified. 
    Existing law requires  each city, county, and joint
powers authority formed under the act, referred to as a regional
agency, to develop a source reduction and recycling element of an
integrated waste management plan. The act requires the source
reduction and recycling element to divert from disposal 50% of all
solid waste subject to the element through source reduction,
recycling, and composting activities, with specified exceptions.
Under the act, the use of solid waste for beneficial reuse in the
construction and operation of a solid waste landfill, including the
use of alternative daily cover, constitutes diversion through
recycling and is not considered disposal.
   This bill, commencing January 1, 2020, would provide that the use
of green material, as defined, as alternative daily cover does not
constitute diversion through recycling and would be considered
disposal for purposes of the act. The bill, commencing August 1,
2018, would require a local jurisdiction to include information in an
annual report on how the local jurisdiction intends to address these
diversion requirements and divert green material that is being used
as alternative daily cover. The bill would require a jurisdiction
that does not meet certain diversion requirements as a result of not
being able to claim diversion for the use of green material as
alternative daily cover to identify and address, in an annual report,
barriers to recycling green material and, if sufficient capacity at
facilities that recycle green material is not expected to be
operational before a certain date, to include a plan to address those
barriers. The bill would impose a state-mandated local program by
imposing new duties upon local agencies with regard to the diversion
of solid waste.
   Existing law requires the operator of a disposal facility to pay a
quarterly fee based on the amount of solid waste disposed of at each
disposal site.
   This bill would provide that, commencing January 1, 2020, green
material used as alternative daily cover at a solid waste landfill is
not subject to this fee.
   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 40507 of the   Public
Resources Code   is amended to read: 
   40507.  (a)  (1)    On or before March 1 of each
year, the  board   department  shall file
an annual report with the Legislature highlighting significant
programs or actions undertaken by the  board  
department  to implement programs pursuant to this division
during the prior calendar year. The report shall include, but is not
limited to, the information described in subdivision (b). 
   (2) On or before March 1, 2015, the department shall provide in
the annual report required pursuant to paragraph (1) a status update
on the adequacy of funding from the Integrated Waste Management Fund
for programs implemented pursuant to this division or Division 31
(commencing with Section 50000), including the adequacy of funding
for the oversight of solid waste that is accepted at a disposal
facility and is not subject to the fee imposed pursuant to Section
48000. In its report, the department may recommend alternative
funding mechanisms for the programs that would achieve the
requirements and policy goals of this division and Division 31
(commencing with Section 50000), including the statewide recycling
goal of 75 percent pursuant to Section 41780.01. 
   (b)  Commencing January 1, 1997, the board  
The department  shall file annual progress reports with the
Legislature covering the activities and actions undertaken by the
 board   department  in the prior fiscal
year. The  board   department  shall
prepare, and may electronically file with the Legislature, the
progress reports throughout the calendar year, as determined by the
 board,   department,  on the following
programs:
   (1) The local enforcement agency program.
   (2) The research and development program.
   (3) The public education program.
   (4) The market development program.
   (5) The used oil program.
   (6) The planning and local assistance program.
   (7) The site cleanup program.
   (c) The progress report shall specifically include, but is not
limited to, all of the following information:
   (1) Pursuant to paragraph (1) of subdivision (b), the status of
the certification and evaluation of local enforcement agencies
pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
   (2) Pursuant to paragraph (2) of subdivision (b), all of the
following information:
   (A) The results of the research and development programs
established pursuant to Chapter 13 (commencing with Section 42650) of
Part 3.
   (B) A report on information and activities associated with the
establishment of the Plastics Recycling Information Clearinghouse,
pursuant to Section 42520.
   (C) A report on the progress in implementing the monitoring and
control program for the subsurface migration of landfill gas
established pursuant to Section 43030, including recommendations, as
needed, to improve the program.
   (D) A report on the comparative costs and benefits of the
recycling or conversion processes for waste tires funded pursuant to
Chapter 17 (commencing with Section 42860) of Part 3.
   (3) Pursuant to paragraph (3) of subdivision (b), all of the
following information:
   (A) A review of actions taken by the  board  
department  to educate and inform individuals and public and
private sector entities who generate solid waste on the importance of
source reduction, recycling, and composting of solid waste, and
recommendations for administrative or legislative actions 
which   that  will inform and educate these
parties.
   (B) A report on the effectiveness of the public information
program required to be implemented pursuant to Chapter 12 (commencing
with Section 42600) of Part 3, including recommendations on
administrative and legislative changes to improve the program.
   (C) A report on the status and effectiveness of school district
source reduction and recycling programs implemented pursuant to
Chapter 12.5 (commencing with Section 42620) of Part 3, including
recommendations on administrative and legislative changes to improve
the program's effectiveness.
   (D) A report on the effectiveness of the integrated waste
management educational program and teacher training plan implemented
pursuant to Part 4 (commencing with Section 71300) of Division 34,
including recommendations on administrative and legislative changes
 which   that  will improve the program.
   (E) A summary of available and wanted materials, a profile of the
participants, and the amount of waste diverted from disposal sites as
a result of the California Materials Exchange Program established
pursuant to subdivision (a) of Section 42600.
   (4) Pursuant to paragraph (4) of subdivision (b), all of the
following information:
   (A) A review of market development strategies undertaken by the
board pursuant to this division to ensure that markets exist for
materials diverted from solid waste facilities, including
recommendations for administrative and legislative actions 
which   that  will promote expansion of those
markets. The recommendations shall include, but not be limited to,
all of the following:
   (i) Recommendations for actions to develop more direct liaisons
with private manufacturing industries in the state to promote
increased utilization of recycled feedstock in manufacturing
processes.
   (ii) Recommendations for actions  which  that
 can be taken to assist local governments in the inclusion of
recycling activities in county overall economic development plans.
   (iii) Recommendations for actions to utilize available financial
resources for expansion of recycling industry capacity.
   (iv) Recommendations to improve state, local, and private industry
product and material procurement practices.
   (B) Development and implementation of a program to assist local
agencies in the identification of markets for materials that are
diverted from disposal facilities through source reduction,
recycling, and composting pursuant to Section 40913.
   (C) A report on the Recycling Market Development Zone Loan Program
conducted pursuant to Article 3 (commencing with Section 42010) of
Chapter 1 of Part 3.
   (D) A report on implementation of the Compost Market Program
pursuant to Chapter 5 (commencing with Section 42230) of Part 3.
   (E) A report on the progress in developing and implementing the
comprehensive Market Development Plan, pursuant to Article 2 
of Chapter 1  (commencing with Section 42005)  of
Chapter 1  of Part 3.
   (F) The number of retreaded tires purchased by the Department of
General Services during the prior fiscal year pursuant to Section
42414.
   (G) The results of the study performed in consultation with the
Department of General Services pursuant to Section 42415 to determine
if tire retreads, procured by the Department of General Services,
have met all quality and performance criteria of a new tire,
including any recommendations to expand, revise, or curtail the
program.
   (H) The number of recycled lead-acid batteries purchased during
the prior fiscal year by the Department of General Services pursuant
to Section 42443.
   (I) A list of established price preferences for recycled paper
products for the prior fiscal year pursuant to paragraph (1) of
subdivision (c) of Section 12162 of the Public Contract Code.
   (J) A report on the implementation of the white office paper
recovery program pursuant to Chapter 10 (commencing with Section
42560) of Part 3.
   (5) Pursuant to paragraph (5) of subdivision (b), both of the
following information:
   (A) A report on the annual audit of the used oil recycling program
established pursuant to Chapter 4 (commencing with Section 48600) of
Part 7.
   (B) A summary of industrial and lubricating oil sales and
recycling rates, the results of programs funded pursuant to Chapter 4
(commencing with Section 48600) of Part 7, recommendations, if any,
for statutory changes to the program, including changes in the
amounts of the payment required by Section 48650 and the recycling
incentive, and plans for present and future programs to be conducted
over the next two years.
   (6) Pursuant to paragraph (6) of subdivision (b), all of the
following information:
   (A) The development by the  board  
department  of the model countywide or regional siting element
and model countywide or regional agency integrated waste management
plan pursuant to Section 40912, including its effectiveness in
assisting local agencies.
   (B) The adoption by the  board   department
 of a program to provide assistance to cities, counties, or
regional agencies in the development and implementation of source
reduction programs pursuant to subdivision (c) of Section 40912.
   (C) The development by the  board  
department  of model programs and materials to assist rural
counties and cities in preparing city and county source reduction and
recycling elements pursuant to Section 41787.3.
   (D) A report on the number of tires that are recycled or otherwise
diverted from disposal in landfills or stockpiles.
   (E) A report on the development and implementation of
recommendations, with proposed implementing regulations, for
providing technical assistance to counties and cities that meet
criteria specified in Section 41782, so that those counties and
cities will be able to meet the objectives of this division. The
recommendations shall, among other things, address both of the
following matters:
   (i) Assistance in developing methods of raising revenue at the
local level to fund rural integrated waste management programs.
   (ii) Assistance in developing alternative methods of source
reduction, recycling, and composting of solid waste suitable for
rural local governments.
   (F) A report on the status and implementation of the "Buy Recycled"
program established pursuant to subdivision (d) of Section 42600,
including the waste collection and recycling programs established
pursuant to Sections 12164.5 and 12165 of the Public Contract Code.
   (7) Pursuant to paragraph (7) of subdivision (b), a description of
sites cleaned up under the Solid Waste Disposal and Codisposal Site
Cleanup Program established pursuant to Article 2.5 (commencing with
Section 48020) of Chapter 2 of Part 7, a description of remaining
sites where there is no responsible party or the responsible party is
unable or unwilling to pay for cleanup, and recommendations for any
needed legislative changes.
   SECTION 1.   SEC. 2.   Section 41781.3
of the Public Resources Code is amended to read:
   41781.3.  (a) (1) Except as provided in paragraph (2), the use of
solid waste for beneficial reuse in the construction and operation of
a solid waste landfill, including use of alternative daily cover,
which reduces or eliminates the amount of solid waste being disposed
pursuant to Section 40124, shall constitute diversion through
recycling and shall not be considered disposal for purposes of this
division.
   (2) (A) Commencing January 1, 2020, the use of green material as
alternative daily cover does not constitute diversion through
recycling and shall be considered disposal for purposes of this
division.
   (B) Commencing January 1, 2020, a local jurisdiction that, as a
result of not being able to claim diversion for the use of green
material as alternative daily cover, does not meet the requirements
of Section 41780 shall, in the next annual report required pursuant
to Section 41821, identify and address barriers to recycling green
material and, if sufficient capacity at facilities that recycle green
material is not expected to be operational before the jurisdiction's
next review pursuant to Section 41825, include a plan to address
those barriers that are within the control of the local jurisdiction.

   (C) Commencing January 1, 2020, green material used as alternative
daily cover at a solid waste landfill is not subject to the fee
imposed on disposed solid waste pursuant to Section 48000.
   (3) Commencing August 1, 2018, a local jurisdiction shall include
in the electronic annual report required pursuant to Section 41821
information on how the local jurisdiction intends to address the
requirements of subparagraph (A) of paragraph (2) and divert green
material that is being used as alternative daily cover.
   (b) Before December 31, 1997, pursuant to the department's
authority to adopt rules and regulations pursuant to Section 40502,
the department shall, by regulation, establish conditions for the use
of alternative daily cover that are consistent with this division.
In adopting the regulations, the department shall consider, but is
not limited to consideration of, all of the following criteria:
   (1) Those conditions established in past policies adopted by the
department affecting the use of alternative daily cover.
   (2) Those conditions necessary to provide for the continued
economic development, economic viability, and employment
opportunities provided by the composting industry in the state.
   (3) Those performance standards and limitations on maximum
functional thickness necessary to ensure protection of public health
and safety consistent with state minimum standards.
   (c) Until the adoption of additional regulations, the use of
alternative daily cover shall be governed by the conditions
established by the department in its existing regulations set forth
in paragraph (3) of subdivision (b) of, and paragraph (3) of
subdivision (c) of, Section 18813 of Title 14 of the California Code
of Regulations, as those sections read on January 1, 1997, and by the
conditions established in the department's policy adopted on January
25, 1995.
   (d) In adopting rules and regulations pursuant to this division,
including, but not limited to, Part 2 (commencing with Section
40900), the department shall provide guidance to local enforcement
agencies on any conditions and restrictions on the utilization of
alternative daily cover so as to ensure proper enforcement of those
rules and regulations.
   (e)  Notwithstanding subparagraph (B) of paragraph (4) of
subdivision (a), nothing   Nothing  in this section
modifies, limits, or abrogates the authority of a local jurisdiction
with respect to land use, zoning, or facility siting decisions
within that local jurisdiction.
   (f) For purposes of this section, "green material" has the same
meaning as "processed green material," as defined in subdivision (b)
of Section 20690 of Title 27 of the California Code of Regulations.
The term does not include materials left over from the composting
process, materials left over after the material recovery process,
commonly referred to as "fines," or processed construction and
demolition waste materials.
   (g) For purposes of this section, "processed construction and
demolition waste material" has the same meaning as defined in
subdivision (b) of Section 20690 of Title 27 of the California Code
of Regulations.
   SEC. 2.   SEC. 3.   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.