Bill Text: CA SB619 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Organic waste: reduction regulations: local jurisdiction compliance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-10-05 - Chaptered by Secretary of State. Chapter 508, Statutes of 2021. [SB619 Detail]
Download: California-2021-SB619-Amended.html
SECTION 1. Section 42652.5 of the Public Resources Code is amended to read: 42652.5.
Bill Title: Organic waste: reduction regulations: local jurisdiction compliance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-10-05 - Chaptered by Secretary of State. Chapter 508, Statutes of 2021. [SB619 Detail]
Download: California-2021-SB619-Amended.html
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Amended
IN
Assembly
August 30, 2021 |
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Amended
IN
Senate
April 13, 2021 |
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Amended
IN
Senate
March 10, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 619
| Introduced by Senator Laird |
February 18, 2021 |
An act to amend Section 42652.5 of of, and to add Section 42652.51 to, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 619, as amended, Laird.
Organic waste: reduction regulations. regulations: local jurisdiction compliance.
Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to achieve, among other things, a reduction in the statewide emissions of methane by 40%. Existing law requires the methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve those targets for reducing organic waste in landfills, and authorizes those regulations to require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction, to authorize local jurisdictions to impose penalties on generators for noncompliance, and to include penalties to be imposed by the
department for noncompliance. Existing law provides that those regulations shall take effect on or after January 1, 2022, except that the imposition of penalties by local jurisdictions pursuant to the regulations shall not take effect until 2 years after the effective date of the regulations.
This bill, until January 1, 2023, would require the department to only impose a penalty on a local jurisdiction, and would require a penalty to only accrue, for a violation of the regulations if the local jurisdiction did not make a reasonable effort, as determined by the department, to comply with the regulations.
This bill would authorize a local
jurisdiction facing continuing violations that commence during the 2022 calendar year of those regulations to submit to the department no later than March 1, 2022, a notification of intent to comply, as prescribed. For violations of the regulations that are disclosed in a notification that is approved by the department, the bill would require the department to waive administrative civil penalties for the violations if the local jurisdiction implements the actions proposed in the notification to remedy the violations. The bill would authorize the department, notwithstanding those regulations, to establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations. The bill would authorize the department to adopt emergency regulations it determines to be necessary to implement and enforce these provisions.
Notwithstanding regulatory
requirements for local jurisdictions to provide organic waste collection services and for generators to subscribe to those services, the bill would authorize a local jurisdiction to waive these requirements for residential generators of less than 1/2 gallon per week of organic waste, as specified. The bill would also authorize the self-hauling of organic waste by residential generators under limited circumstances.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 42652.5 of the Public Resources Code is amended to read:42652.5.
(a) The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:(1) May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2) Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(3) Shall not establish a numeric organic waste disposal limit for individual landfills.
(4) May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a jurisdiction.
(5) May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized
pursuant to Section 41850.
(6) Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(b) A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section.
(c) A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of
intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1) Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
(2) A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d) (1) For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (5) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (5) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements
the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2) For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3) If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date
of violation.
(4) Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e) The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with
the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1) A description, with specificity, of the continuing violations.
(2) A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3) A description of the impacts of the COVID-19 pandemic on compliance.
(4) A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
(f) The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g) Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h) (1) The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Senate Bill 619 of the 2021–22 Regular Session as emergency regulations.
(2) Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but
not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
SEC. 2.
Section 42652.51 is added to the Public Resources Code, to read:42652.51.
(a) Notwithstanding regulatory requirements adopted by the department pursuant to subdivision (a)_of Section 42652.5 requiring local jurisdictions to provide organic waste collection services, a local jurisdiction may waive a residential generator that generates less than one-half gallon per week of organic waste for collection from the requirement to subscribe to the jurisdiction’s collection services, subject to all of the following:(1) The local jurisdiction shall not be required to provide organic waste collection services to the residential generator while the waiver is in place.
(2) The local jurisdiction shall annually report to the department the number of
residential generators issued a waiver.
(3) The local jurisdiction shall verify that each residential generator’s organic waste generation meets the waiver threshold specified in this subdivision before issuing a waiver.
(4) At least every five years from the date of issuance, the local jurisdiction shall verify that residential generators issued a waiver are still meeting the organic waste generation threshold specified in this subdivision. If a local jurisdiction at any time finds that a residential generator that has received a waiver is exceeding the organic waste threshold specified in this subdivision, the local jurisdiction shall investigate the allegation and, if verified, rescind the waiver.
(b) (1) Subject to the requirements in this subdivision, a residential generator may self-haul
organic waste instead of the local jurisdiction providing organic waste collection services.
(2) The self-hauling of organic waste by residential generators under this subdivision is intended to be under limited circumstances and shall be allowed only if the local jurisdiction finds, based on substantial evidence, that it would be exceptionally difficult, impractical, or impossible to provide mandatory organic waste collection services because of situations such as, but not limited to, those where access by solid waste collection vehicles is impacted by road widths, weight limits, surfaces, grades, turning radiuses, or unsafe seasonal road conditions.
(3) The local jurisdiction shall annually report to the department the addresses or collection routes, or portions thereof, where self-hauling is allowed pursuant to this subdivision.
(c) Residential generators that receive a waiver by the local jurisdiction from the requirement to subscribe to mandatory organic waste collection services under subdivision (a) or that self-haul organic waste under subdivision (b) shall be required to comply with local ordinances that are consistent with the requirements on local jurisdictions established by the department under the authority granted in subdivision (a) of Section 42652.5 that regulate the self-hauling of organic waste. A local jurisdiction may allow residential generators to manage organic waste onsite in accordance with all other applicable state and local requirements instead of or in addition to self-hauling.
(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a jurisdiction.
(5)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized
pursuant to Section 41850.
(6)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(b)Until January 1, 2023, the department shall only impose, in accordance with the enforcement procedures specified in Section 18996.2 of Title 14 of the California Code of Regulations, a penalty on a local jurisdiction, and a penalty shall only accrue, for a violation of the regulations if the local jurisdiction did not make a reasonable effort, as determined by the department, to comply with the regulations.
(c)A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section.
