CC - Item 3E - Resolution No. 00-14 AB 1939 (Vincent & Margett)wR,:
staf epor
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAG~
DATE: MARCH 28, 2000
RE: RESOLUTION NO. 00-14 - AB 1939 (VINCENT & MARGETT) AND AB 2067
(WASHINGTON) - SOLID WASTE DIVERSION REQUIREMENTS - SUPPORT
Attached for the City Council's review are copies of AB 1939 (Vincent) and AB 2067 (Washington),
current bill status, complete bill history, and a bill analysis/justification prepared by County Public
Works Department. Also attached is a letter from the Vice-Chairperson of Los Angeles County Solid
Waste Management Committee/Integrated Waste Management Task Force requesting Rosemead's
support of the bill.
Existing law (California Integrated Waste Management Act, commonly known as AB 939) requires
every local government to divert 25% of its solid waste stream from landfills by 1995 and 50% by
2000. AB 1939 and AB 2067 were crafted by the Los Angeles County Integrated Waste Management
Task Force to address deficiencies in existing law: AB 2067 is identical to AB 1939 (Vincent) with
the except that it applies only to jurisdictions within Los Angeles County. In the event that AB 1939
cannot muster sufficient statewide support, the County Integrated Waste Management Task Force
proposes to focus resources on passage of AB 2067. As described in greater detail in the attached
materials, AB 1939 and AB 2067 will:
• Declare the intent of the Legislature to place emphasis on program not numeric compliance
• Encourage development of alternatives to landfilling and incineration
• Revise conditions for issuance of compliance orders to jurisdictions
• Require the Waste Board to review the effectiveness of its reporting systems and plans
• Open a Waste Board regional office in LA County, subject to availability of funding
The County and many cities contend the California Integrated Waste Management Board is
increasingly focusing on "bean counting" thus the need for AB 1939 and AB 2067.
MAR 2 82000
iTc~v~i No. .
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 00-14 supporting AB 1939 (Vincent)
and AB 2067 (Washington) and authorize the Mayor to send letters of support and instruct the City's
legislative advocate to work in support of these bills.
J 4
RESOLUTION NO. 00 - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD
SUPPORTING AB 1939 AND AB 2067 -
SOLID WASTE DIVERSION REQUIREMENTS
WHEREAS, the City of Rosemead supports the objectives of AB 1939 (Vincent & Margett)
and AB 2067 (Washington), sponsored by the County of Los Angeles; and
WHEREAS, the California Waste Management Act of 1989 (AB 939) requires cities and
counties to divert 25% and 50% of their solid waste from landfills or "transformation" facilities
by 1995 and 2000, respectively; and
WHEREAS, the failure to comply with the Act's requirements, including mathematically
substantiating achievement of the waste diversion mandates, may subject a local jurisdiction to
penalties of up to $10,000 per day; and
WHEREAS, many Southern California communities are struggling to meet the 50%
requirements for various legitimate reasons, including the accuracy of the reporting system
and numerical accounting methodologies; and
WHEREAS, both AB 1939 and AB 2067, among other things, declare the intent of the
Legislature to place primary emphasis on implementation of waste diversion programs to
efficiently utilize limited local resources and not to require local agencies to go to extraordinary
lengths to ensure mathematical compliance with the requirements of AB 939; encourage
development of alternatives to landfilling and incineration; and revise the conditions for the
issuance of compliance orders to jurisdictions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead
supports the passage of AB 1939 and AB 2067 and authorizes the Mayor to send letters of
support for these pieces of legislation and instructs the City's legislative advocate to work in
support of their passage and implementation.
MAYOR
ATTEST:
CITY CLERK
i
CURRENT BILL STATUS
MEASURE : A.B. No. 1939
AUTHOR(S) Vincent and Margett (Principal coauthors: Robert Pacheco
and Washington) (Coauthors: Briggs, Cox, and Runner)
(Coauthors: Senators Mountjoy and Polanco).
TOPIC Solid waste diversion requirements: nonburn
transformation.
HOUSE LOCATION ASM
TYPE OF BILL
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 02/28/2000
LAST HIST. ACTION Referred to Com. on NAT. RES.
COMM. LOCATION ASM NATURAL RESOURCES
TITLE An act to amend Sections 40001, 40201, 40503, 40507,
41780.1, 41783, 41825, 41650, and 42006 of, and to add
Section 40150.1 to, the Public Resources Code, relating
to solid waste.
1
COMPLETE BILL HISTORY
BILL NUMBER : A.B. No. 1939
AUTHOR Vincent
TOPIC Solid waste diversion requirements: nonburn transformation.
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
BILL HISTORY
2000
Feb. 28 Referred to Com. on NAT. RES.
Feb. 16 From printer. May be heard in committee March 17.
Feb. 15 Read first time. To print.
CALIFORNIA LEGISLATURE-1999-2000 REGULAR SESSION
ASSEMBLY BILL No. 1939
Introduced by Assembly Members Vincent and Margett
(Principal coauthors: Assembly Members Robert Pacheco
and Washington)
(Coauthors: Assembly Members Briggs, Cox, and Runner
(Coauthors: Senators Mountjoy and Polanco)
February 15, 2000
An act to amend Sections 40001, 40201, 40503, 40507, 41780.1,
41783, 41825, 41850, and 42006 of, and to add Section 40150.1
to, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1939, as introduced, Vincent. Solid waste diversion
requirements: nonbum transformation.
(1) The existing California Integrated Waste Management
Act of 1989, which is administered by the California
Integrated Waste Management Board, establishes an
integrated waste management program. The act requires
each city, county, city and county, and regional agency, if any,
to develop a source reduction and recycling element of an
integrated waste management plan containing specified
components. For the first revision of the element, those
entities are required to divert, by January 1, 2000 from disposal
or transformation, 50% of the solid waste through source
reduction, recycling, and composting subject to the element,
except as specified. Existing law defines transformation as
including incineration, pyrolsis, distillation, gasification or
biological conversion.
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AB 1939 -2-
This bill would allow the 50% diversion amount
requirement to include diversion through nonbum
transformation, as defined, if specified conditions are met
with regard to the project and the residues generated from
the project. The bill would revise the definition of
transformation, for purposes of the act, to exclude nonbum
transformation, for purposes of measuring compliance with
the act's diversion requirements.
(2) Existing law requires the board to maintain
headquarters in Sacramento and authorizes the board to
establish regional offices.
This bill would require the board to establish a regional
office in any county that has a population greater than 5
million persons, subject to the availability of funds.
(3) Existing law requires the board to file annual progress
reports with the Legislature covering the activities and
actions undertaken by the board in the prior fiscal year. The
board is required to adopt regulations requiring practices and
procedures for performing periodic tracking surveys on the
disposal tonnages that are disposed of at each disposal facility.
This bill would require the progress report to also include
a report evaluating the accuracy and effectiveness of the
disposal reporting system adopted by the board, including
recommendations to address any deficiencies in the system.
(4) Existing law requires the board to issue an order of
compliance if the board finds that a city, county, or regional
agency has failed to implement its source reduction and
recycling element or household hazardous waste element in
the integrated waste management plan. The board is also
authorized to impose administrative civil penalties upon a city
or county that fails to implement those elements, and in
determining whether or not to impose any penalties, the
board is required to consider only those relevant
circumstances that have prevented a city, county, or regional
agency from meeting the requirements of the act, including
the enforcement criteria included in the board's enforcement
policy.
This bill would revise the conditions. for the issuance of a
compliance order, to instead require the board to issue an
order if the board adopts written findings, based on substantial
99
-3- AB 1939
evidence in the record, that the city, county, or regional
agency has failed to make a good faith effort to implement
those elements. The bill would provide that a city, county, or
regional agency is deemed to be implementing those
elements if it has executed specified programs identified in
the reduction or hazardous waste element or certain
alternative programs. The bill would additionally require the
board to consider, in imposing those civil penalties, the
findings and recommendations in the progress report
concerning the disposal reporting system and would require
the board to annually update the enforcement criteria
included in the enforcement policy.
(5) Existing law requires the board to develop a
comprehensive market development plan using existing
resources, that will stimulate market demand in the state for
postconsumer waste material and secondary waste material
generated in the state, including specified goals. The plan is
required to include provisions for periodic review and
revision in response to changing market factors or actual
changes in secondary waste materials markets.
This bill would require the board to annually review, and,
if necessary, update the plan, in response to those changes,
and to forward the revised plan to the Legislature and to local
agencies.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 40001 of the Public Resources
2 Code is amended to read:
3 40001. (a) The Legislature declares that the
4 responsibility for solid waste management is a shared
5 responsibility between the state and local governments.
6 The state shall exercise its legal authority in a manner that
7 ensures an effective and coordinated approach to the safe
8 management of all solid waste generated within the state
9 and shall oversee the design and implementation of local
10 integrated waste management plans.
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AB 1939 -4
I (b) The Legislature further declares that it is the
2 policy of the state to assist local governments in
3 minimizing duplication of effort, and in minimizing the
4 costs incurred, in implementing this division through the
5 development of regional cooperative efforts and other
6 mechanisms which comply with this division.
7 (c) The Legislature further declares that market
8 development is the key to successful and cost-effective
9 implementation of the 25 pefeent and 50 pef:een 25
10 percent and 50 percent diversion requirements required
11 pursuant to Section 41780, and that the state must take a
12 leadership role, pursuant to Chapter 1 (commencing
13 with Section 42000) of Part 3, itt by having the primary
14 responsibility, with local agencies having a
15 supplementary role, for encouraging the development
16 and expansion of markets for recycled products by
17 working cooperatively with the public, private, and
18 nonprofit sectors.
19 (d) The Legislature further declares that it is the
20 policy of the state, and the intent of the Legislature, to
21 place primary emphasis on implementation of waste
22 diversion programs to efficiently utilize limited local
23 resources, and not to require local agencies to go
24 extraordinary lengths to ensure mathematical
25 compliance with the requirements of Section 41780.
26 SEC. 2. Section 40150.1 is added to the Public
27 Resources Code, to read:
28 40150.1. "Nonburn transformation," for the purpose
29 of measuring compliance with the diversion
30 requirements of Section 41780, means pyrolysis,
31 distillation, gasification, or biological conversion.
32 "Nonburn transformation" does not include incineration,
33 composting, or biomass conversion.
34 SEC. 3. Section 40201 of the Public Resources Code is
35 amended to read:
36 40201. "Transfermatien" (a) Except as provided in
37 subdivision (b), "transformation" means incineration,
38 pyrolysis, distillation, gasification, or biological
39 conversion, other than composting. "T--zmxarofmativ£f
99
5- AB 1939
1 (b) "Transformation" does not include eempasting- a
2 biomass eanvemien- . any of the following:
3 (1) Composting.
4 (2) Biomass conversion.
5 (3) Nonburn transformation, for the purpose of
6 measuring compliance with the 'diversion requirements
7 of Section 41780.
8 SEC. 4. Section 40503 of the Public Resources Code is
9 amended to read:
10 40503. The board shall maintain its headquarters in
11 the County of Sacramento, and may establish regional
12 offices in any part of the state that the board deems
13 necessary. Subject to the availability of funds, the board
14 shall establish a regional office in any county that has a
15 population greater than 5,000,000.
16 SEC. 5. Section 40507 of the Public Resources Code is
17 amended to read:
18 40507. (a) On or before March I of each year, the
19 board shall file an annual report with the Legislature
20 highlighting significant programs or actions undertaken
21 by the board to implement programs pursuant to this
22 division during the prior calendar year. The report shall
23 include, but is not limited to, the information described
24 in subdivision (b).
25 (b) Genimeneing janttafy 1, 199q, the The board shall
26 file annual progress reports each January / with the
27 Legislature covering the activities and actions
28 undertaken by the board in the prior fiscal year. The
29 board shall prepare the progress reports throughout the
30 calendar year, as determined by the board, on the
31 following programs:
32 (1) The local enforcement agency program.
33 (2) The research and development program.
34 (3) The public education program.
35 (4) The market development program.
36 (5) The used oil program.
37 (6) The planning and local assistance program.
38 (7) The site cleanup program.
39 (c) The progress report shall specifically include, but
40 is not limited to, all of the following information:
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AB 1939 -6
1 (1) Pursuant to paragraph (1) of subdivision (b), the
2 status of the certification and evaluation of local
3 enforcement agencies pursuant to Chapter 2
4 (commencing with Section 43200) of Part 4.
5 (2) Pursuant to paragraph (2) of subdivision (b), all of
6 the following information:
7 (A) The results of the research and development
8 programs established pursuant to Chapter 13
9 (commencing with Section 42650) of Part 3.
10 (B) A report on information and activities associated
11 with the establishment of the Plastics Recycling
12 Information Clearinghouse, pursuant to Section 42520.
13 (C) A report on the progress in implementing the
14 monitoring and control program for the subsurface
15 migration of landfill gas established pursuant to Section
16 43030, including recommendations, as needed, to
17 improve the program.
18 (D) A report on the comparative costs and benefits of
19 the recycling or conversion processes for waste tires
20 funded pursuant to Chapter 17 (commencing with
21 Section 42860) of Part 3.
22 (3) Pursuant to paragraph (3) of subdivision (b), all of
23 the following information:
24 (A) A review of actions taken by the board to educate
25 and inform individuals and public and private sector
26 entities who generate solid waste on the importance of
27 source reduction, recycling, and composting of solid
28 waste, and recommendations for administrative or
29 legislative actions whieh that will inform and educate
30 these parties.
31 (B) A report on the effectiveness of the public
32 information program required to be implemented
33 pursuant to Chapter 12 (commencing with Section
34 42600) of Part 3, including recommendations on
35 administrative and legislative changes to improve the
36 program.
37 (C) A report on the status and effectiveness of school
38 district source reduction and recycling programs
39 implemented pursuant to Chapter 12.5 (commencing
40 with Section 42620) of Part 3, including
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7- AB 1939
1 recommendations on administrative and legislative
2 changes to improve the program's effectiveness.
3 (D) A report on the effectiveness of the integrated
4 waste management educational program and teacher
5 training plan implemented pursuant to Section 42603,
6 including recommendations on administrative and
7 legislative changes which will improve the program.
8 (E) A summary of available and wanted materials, a
9 profile of the participants, and the amount of waste
10 diverted from disposal sites as a result of the California
11 Materials Exchange Program established pursuant to
12 tetr (a) a Section 42600.
13 (4) Pursuant to paragraph (4) of subdivision (b), all of
14 the following information:
15 (A) A review of market development strategies
16 undertaken by the board pursuant to this division to
17 ensure that markets exist for materials diverted from solid
18 waste facilities, including recommendations for
19 administrative and legislative actions which will promote
20 expansion of those markets. The recommendations shall
21 include, but not be limited to, all of the following:
22 (i) Recommendations for actions to develop more
23 direct liaisons with private manufacturing industries in
24 the this state to promote increased utilization of recycled
25 feedstock in manufacturing processes.
26 (ii) Recommendations for actions whieh that can be
27 taken to assist local governments in the inclusion of
28 recycling activities in county overall economic
29 development plans.
30 (iii) Recommendations for actions to utilize available
31 financial - resources for expansion of recycling industry
32 capacity.
33 (iv) Recommendations to improve state, local, and
34 private industry product and material procurement
35 practices.
36 (B) Development and implementation of a program
37 to assist local agencies in the identification of markets for
38 materials that are diverted from disposal facilities
39 through source reduction, recycling, and composting
40 pursuant to Section 40913.
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AB 1939 -8
1 (C) A report on the Recycling Market Development
2 Zone Loan Program provided for in subdivision (e) of
3 Section 42919) 42023.1, pursuant to subdivision (f) --of
4 Section 42919 42023.5.
5 (D) A report on implementation of the Compost
6 Market Program pursuant to Chapter 5 (commencing
7 with Section 42230) of Part 3.
8 (E) A report on the progress in developing and
9 implementing the comprehensive Market Development
10 Plan, pursuant to Article 2 of Chapter 1 (commencing
11 with Section 42005) of Part 3.
12 (F) The number of retreaded tires purchased by the
13 Department of General Services during the prior fiscal
14 year pursuant to Section 42414.
15 (G) The results of the study performed in consultation
16 with the Department of General Services pursuant to
17 Section 42416 to determine if tire retreads, procured by
18 the department, have met all quality and performance
19 criteria of a new tire, including any recommendations to
20 expand, revise, or curtail the program.
21 (H) The number of recycled lead-acid batteries
22 purchased during the prior fiscal year by the Department
23 of General Services pursuant to Section 42443.
24 (I) A list of established price preferences for recycled
25 paper products for the prior fiscal year pursuant to
26 paragraph (1) of subdivision (c) of Section 12162 of the
27 Public Contract Code.
28 (J) A report on the implementation of the white office
29 paper recovery program pursuant to Chapter 10
30 (commencing with Section 42560) of Part 3.
31 (5) Pursuant to paragraph (5) of subdivision (b), both
32 of the following information:
33 (A) A report on the annual audit of the used oil
34 recycling program established pursuant to Chapter 4
35 (commencing with Section 48600) of Part 7.
36 (B) A summary of industrial and lubricating oil sales
37 and recycling rates, the results of programs funded
38 pursuant to Chapter 4 (commencing with Section 48600)
39 of Part 7, recommendations, if any, for statutory changes
40 to the program, including changes in the amounts of the
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9- AB 1939
1 payment required by Section 48650 and the recycling
2 incentive, and plans for present and future programs to
3 be conducted over the next two years.
4 (6) Pursuant to paragraph (6) of subdivision (b), all of
5 the following information:
6 (A) The development by the board of the model
7 countywide or regional siting element and model
8 countywide or regional agency integrated waste
9 management plan pursuant to Section 40912, including its
10 effectiveness in assisting local agencies.
I1 (B) The adoption by the board of a program to provide
12 assistance to cities, counties, or regional agencies in the
13 development and implementation of source reduction
14 programs pursuant to subdivision (b) of Section 40912.
15 (C) The development by the board of model programs
16 and materials to assist rural counties and cities in
17 preparing city and county source reduction and recycling
18 elements pursuant to Section 49914 40912.
19 (D) A report on the number of tires that are recycled
20 or otherwise diverted from disposal in landfills or
21 stockpiles.
22 (E) A report on the development and implementation
23 of recommendations, with proposed implementing
24 regulations, for providing technical assistance to counties
25 and cities that meet criteria specified in Section 41782, so
26 that those counties and cities will be able to meet the
27 objectives of this division. The recommendations shall,
28 among other things, address both of the following
29 matters:
30 (i) Assistance in developing methods of raising
31 revenue at the local level to fund rural integrated waste
32 management programs.
33 (ii) Assistance in developing alternative methods of
34 source reduction, recycling, and composting of solid
35 waste suitable for rural local governments.
36 (F) A report on the status and implementation of the
37 "Buy Recycled" program established pursuant, to
38 subdivision (d) of Section 42600, including the waste
39 collection and recycling programs established pursuant
40 to Sections 12164.5 and 12165 of the Public Contract Code.
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AB 1939 -10
1 (G) A report evaluating the accuracy and
2 effectiveness of the disposal reporting system adopted by
3 the board pursuant to subdivision (d) of Section 41821.5,
4 and analyzing its impact on cities, counties, and regional
5 agencies' ability to meet the requirements of Section
6 41780. The report shall include recommendations
7 developed in partnership with municipalities, nonprofit
8 organizations, and private entities to address any
9 deficiencies in the disposal reporting system.
10 (7) Pursuant to paragraph (7) of subdivision (b), a
11 description of sites cleaned up under the Solid Waste
12 Disposal and Codisposal Site Cleanup Program
13 established pursuant to Article 2.5 (commencing with
14 Section 48020) of Chapter 2 of Part 7, a description of
15 remaining sites where there is no responsible party or the
16 responsible party is unable or unwilling to pay for
17 cleanup, and recommendations for any needed
18 legislative changes.
19 SEC. 6. Section 41780.1 of the Public Resources Code
20 is amended to read:
21 41780.1. (a) Notwithstanding any other requirement
22 of this part, for the purposes of determining the amount
23 of solid waste that a regional agency is required to divert
24 from disposal or transformation through source
25 reduction, recycling, and composting to meet the
26 diversion requirements of Section 41780, the regional
27 agency shall use the solid waste disposal projections in the
28 source reduction and recycling elements of the regional
29 agency's member agencies. The method prescribed in
30 Section 41780.2 shall be used to determine the maximum
31 amount of disposal allowable to meet the diversion
32 requirements of Section 41780.
33 (b) Notwithstanding any other requirement of this
34 part, for the purposes of determining the amount of solid
35 waste that a city or county is required to divert from
36 disposal or transformation through source reduction,
37 recycling, and composting to meet the diversion
38 requirements of Section 41780, the city or county shall use
39 the solid waste disposal projections in the source
40 reduction and recycling elements of the city or county.
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1 The method prescribed in Section 41780.2 shall be used to
2 determine the maximum amount of disposal allowable to
3 meet the diversion requirements of Section 41780.
4 (c) To determine achievement of the diversion
5 requirements of Section 41780 in 1995 and in the year
6 2000, projections of disposal amounts from the source
7 reduction and recycling elements shall be adjusted to
8 reflect annual increases or decreases in population and
9 other factors affecting the waste stream, as determined
10 by the board. By January 1, 1994, the board shall study the
11 factors which affect the generation and disposal of solid
12 waste and shall develop a standard methodology and
13 guidelines to be used by cities, counties, and regional
14 agencies in adjusting disposal projections as required by
15 this section.
16 (d) The amount of additional diversion required to be
17 achieved by a regional. agency to meet the diversion
18 requirements of Section 41780 shall be equal to the sum
19 of the diversion requirements of its member agencies. To
20 determine the maximum amount of disposal allowable for
21 the regional agency to meet the diversion requirements
22 of Section 41780, the maximum amount of disposal
23 allowable for each member agency shall be added
24 together to yield the agency disposable maximum.
25 (e) For any city, county or regional agency source
26 reduction and recycling element submitted to the board,
27 the amount of solid waste that a city, county, or regional
28 agency is required to divert to meet the 50 percent
29 diversion requirement specified in paragraph (2) of
30 subdivision (a) of Section 41780 may include solid waste
31 that is diverted using nonburn transformation, if the
32 project complies with the requirements of Section 44150,
33 except that, for purposes of such a nonburn
34 transformation project's compliance with those
35 requirements, the term "transformation, " as used in
36 Section 44150, includes nonburn transformation.
37 SEC. 7. Section 41783 of the Public Resources Code is
38 amended to read:
39 41783. F-ff Except as provided in subdivision (e) of
40 Section 41780.1, for any city, county, or regional agency
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AB 1939 -12
I source reduction and recycling element submitted to the
2 board after January 1, 1995, the 50 percent diversion
3 requirement specified in paragraph (2) of subdivision (a)
4 of Section 41780 may include not more than 10 percent
5 through transformation, as defined in Section 40201, if all
6 of the following conditions are met:
7 (a) The transformation project is in compliance with
8 Sections 21151.1 and 44150 of this code and Section 42315
9 of the Health and Safety Code.
10 (b) The transformation project uses front-end
11 methods or programs to remove all recyclable materials
12 from the waste stream prior , to transformation to the
13 maximum extent feasible.
14 (c) The ash or other residue generated from the
15 transformation project is routinely tested at least once
16 quarterly, or on a more frequent basis as determined by
17 the agency responsible for regulating the testing and
18 disposal of the ash or residue, and, notwithstanding
19 Section 25143.5 of the Health and Safety Code, if
20 hazardous wastes are present, the ash or residue is sent to
21 a elass-1 hazardous waste disposal facility that is classified
22 as a class I, landfill in accordance with Chapter 15
23 (commencing with Section 2510) of Division 3 of Title 23
24 of the California Code of Regulations.
25 (d) The board holds a public hearing in the city,
26 county, or regional agency jurisdiction within which the
27 transformation project is proposed, and, after the public
28 hearing, the board makes both of the following findings,
29 based upon substantial evidence on the record:
30 (1) The city, county, or regional agency is, and will
31 continue to be, effectively implementing all feasible
32 source reduction, recycling, and composting measures.
33 (2) The transformation project will not adversely
34 affect public health and safety or the environment.
35 (e) The transformation facility is permitted and
36 operational on or before January 1, 1995.
37 (0 The city, county, or regional agency does not
38 include biomass conversion, as authorized pursuant to
39 Section 41783, in its source reduction and recycling
40 element.
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13- AB 1939
1 SEC. 8. Section 41825 of the Public Resources Code is
2 amended to read:
3 41825. (a) At least once every two years, the board
4 shall review each city, county, or regional agency source
5 reduction and recycling element and household
6 hazardous waste element. If, after a public hearing,
7 which, to the extent possible, is held in the local or
8 regional agency's jurisdiction, the board €tnds adopts
9 written findings, based on a substantial evidence in the
10 record that the city, county, or regional agency has failed
11 to make a good faith effort, as defined in Section 41850,
12 to implement its source reduction and recycling element
13 or its household hazardous waste element, the board shall
14 issue an order of compliance with a specific schedule for
15 achieving compliance. 4-he
16 (b) For purposes of subdivision (a), a city, county, or
17 regional agency shall be deemed to be implementing its
18 source reduction and recycling element or household
19 hazardous waste element, if the city, county, or regional
20 agency has executed those selected programs identified
21 in the source reduction and recycling element or
22 household hazardous waste element that is approved by
23 the board, or suitable alternative programs mutually
24 agreed upon by the board and the city, county, or regional
25 agency.
26 (c) A compliance order issued pursuant to subdivision
27 (a) shall include those conditions whieh that the board
28 determines to be necessary for the local agency or
29 regional agency to complete in order to implement its
30 source reduction and recycling element or household
31 hazardous waste element.
32 SEC. 9. Section 41850 of the Public Resources Code is
33 amended to read:
34 41850. (a) Except as specifically provided in Section
35 41813, if, after holding the public hearing and issuing an
36 order of compliance pursuant to Section 41825, the board
37 finds that the city, county, or regional agency has failed
38 to implement its source reduction and recycling element
39 or its household hazardous waste element, the board may
40 impose administrative civil penalties upon the city or
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AB 1939 - 14
1 county or, pursuant to Section 40974, upon the city or
2 county as a member of a regional agency, of up to ten
3 thousand dollars ($10,000) per day until the city, county,
4 or regional agency implements the element.
5 (b) In determining whether or not to impose any
6 penalties, or in determining the amount of any penalties
7 imposed under this section, including any penalties
8 imposed due to the exclusion of solid waste pursuant to
9 Section 41781.2 which results in a reduction in the
10 quantity of solid waste diverted by a city, county, or
it regional agency, the board shall consider only those
12 relevant . circumstances which have prevented a city,
13 county, or regional agency from meeting the
14 requirements of this division, including the diversion
15 requirements of paragraphs (1) and (2) of subdivision (a)
16 of Section 41780, including, but not limited to, all of the
17 following:
18 (1) Natural disasters.
19 (2) Budgetary conditions within a city, county, or
20 regional agency which could not be remedied by the
21 imposition or adjustment of solid waste fees.
22 (3) Work stoppages which directly prevent a city,
23 county, or regional agency from implementing its source
24 reduction and recycling element or household hazardous
25 waste element.
26 (4) The impact of the failure of federal, state, and
27 other local agencies located within the jurisdiction to
28 implement source reduction and recycling programs in
29 the jurisdiction on the host jurisdiction's ability to meet
30 the requirements of paragraph (2) of subdivision (a) of
31 Section 41780.
32 (5) The findings and recommendations of the report
33 prepared pursuant to subparagraph (G) of paragraph (6)
34 of subdivision (c) of Section 40507 and the impact of the
35 disposal reporting system adopted by the board pursuant
36 to Section 41821.5 on the jurisdiction's ability to meet the
37 requirements of Section 41780.
38 (c) In addition to the factors specified in subdivision
39 (b), the board shall consider all of the following:
99
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1 (1) (A) The extent to which a city, county, or regional
2 agency has made good faith efforts to implement its
3 source reduction and recycling element or household
4 hazardous waste element.
5 (B) (i) For the purposes of this paragraph, "good faith
6 efforts" means all reasonable and feasible efforts by a city,
7 county, or regional agency to implement those programs
8 or activities identified in its source reduction and
9 recycling element or household hazardous waste
10 element, or alternative programs or activities that
11 achieve the same or similar results.
12 (ii) For purposes of this paragraph, "good faith efforts"
13 may also include the evaluation by a city, county, or
14 regional agency of improved technology for the handling
15 and management of solid waste that would reduce costs,
16 improve efficiency in the collection, processing, or
17 marketing of recyclable materials or yard waste, and
18 enhance the ability of the city, county, or regional agency
19 to meet the diversion requirements of paragraphs (1) and
20 (2) of subdivision (a) of Section 41780, provided that the
21 city, county, or regional agency has submitted a
22 compliance schedule pursuant to Section 41825, and has
23 made all other reasonable and feasible efforts to
24 implement the programs identified in its source
25 reduction and recycling element or household hazardous
26 waste element.
27 (iii) In determining whether a jurisdiction has made a
28 good faith effort, the board shall consider the
29 enforcement criteria included in its enforcement policy,
30 as adopted on April 25, 1995, or as subsequently .
31 On or before January 1, 2001, and on or before January
32 1, annually thereafter, the board, in consultation with
33 local agencies, the solid waste industry, and nonprofit
34 organizations, shall update the enforcement criteria to
35 reflect any applicable changes in state law.
36 (2) The extent to which a city, county, or regional
37 agency has implemented additional source reduction,
38 recycling, and composting activities to comply with the
39 diversion requirements of paragraphs (1) and (2) of
40 subdivision (a) of Section 41780.
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AB 1939 -16-
1 (3) The extent to which a city, county, or regional
2 agency is meeting the diversion requirements of
3 paragraphs (1) and (2) of subdivision (a) of Section
4 41780.
5 (4) Whether the jurisdiction has requested and been
6 granted an extension to the requirements of Section
7 41780, pursuant to Section 41820, or an alternative
8 requirement to Section 41780, pursuant to Section 41785.
9 SEC. 10. Section 42006 of the Public Resources Code
10 is amended to read:
11 42006. (a) The plan required by Section 42005 shall
12 describe and prioritize actions that should be undertaken
13 to meet the goals specified in subdivision (b) of Section
14 42005.
15 (b) The board shall review the plan shall inelede
16 annually, and,
17 if necessary, update the plan in response to changing
18 market factors or actual changes in secondary waste
19 materials markets. The board shall forward the revised
20 plan to the Legislature and to local agencies.
O
99
COMPLETE BILL HISTORY
BILL NUMBER : A.B. No. 2067
AUTHOR Washington
TOPIC Solid waste diversion requirements: nonburn transformation:
County of Los Angeles.
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
BILL HISTORY
2000
Mar. 9 Referred to Com. on NAT. RES.
Feb. 23 From printer. May be heard in committee March 24.
Feb. 22 Read first time. To print.
CURRENT BILL STATUS
MEASURE : A.B. No. 2067
AUTHOR(S) Washington.
TOPIC Solid waste diversion requirements: nonburn
transformation: County of Los Angeles.
HOUSE LOCATION ASM
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 03/09/2000
LAST HIST. ACTION Referred to Com. on NAT. RES.
COMM. LOCATION ASM NATURAL RESOURCES
TITLE An act to amend Sections 40001, 40201, 40503, 40507,
41780.1, 41783, 41825, 41850, and 42006 of, and to add
Sections 40150.1 and 41825.1 to, the Public Resources
Code, relating to solid waste.
CALIFORNIA LEGISLATURE-1999-2000 REGULAR SESSION
ASSEMBLY BILL No. 2067
Introduced by Assembly Member Washington
February 22, 2000
An act to amend Sections 40001, 40201, 40503, 40507, 41780. 1,
41783, 41825, 41850, and 42006 of, and to add Sections 40150.1
and 41825.1 to, the Public Resources Code, relating to solid
waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2067, as introduced, Washington. Solid waste diversion
requirements: nonburn transformation: County of Los
Angeles.
(1) The existing California Integrated Waste Management
Act of 1989, which is administered by the California
Integrated Waste Management Board, establishes an
integrated waste management program. The act requires
each city, county, city and county, and regional agency, if any,
to' develop a source reduction and recycling element of an
integrated waste management plan containing specified
components. For the first revision of the element, those
entities are required to divert, by January 1, 2000, from
disposal or transformation, 50% of the solid waste through
source reduction, recycling, and composting subject to the
element, except as specified. Existing law defines
transformation as including incineration, pyrolysis,
distillation, gasification, or biological conversion.
This bill would allow the 50% diversion amount
requirement for the County of Los Angeles, and the cities and
99
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AB 2067 -2-
regional agencies located. within that county, to include
diversion through nonbum transformation, as defined, if
specified conditions are met with regard to the project and
the residues generated from the project. The bill would revise
the definition of transformation, for purposes of this
exemption, to exclude nonburn transformation, for purposes
of measuring compliance with the act's diversion
requirements.
(2) Existing law requires the board to maintain
headquarters in Sacramento and authorizes the board to
establish regional offices.
This bill would require the board to establish a regional
office in the County of Los Angeles, subject to the availability
of funds.
(3) Existing law requires the board to file annual progress
reports with the Legislature covering the activities and
actions undertaken by the board in the prior fiscal year. The
board is required to adopt regulations requiring practices and
procedures for performing periodic tracking surveys on the
disposal tonnages that are disposed of at each disposal facility.
This bill would require the progress report to also include
a report evaluating the accuracy and effectiveness of the
disposal reporting system adopted by the board with regard
to the County of Los Angeles and the cities and regional
agencies located within that county, including
recommendations to address any deficiencies in the system.
(4) Existing law requires the board to issue an order of
compliance if the board finds that a city, county, or regional
agency has failed to implement its source reduction and
recycling element or household hazardous waste element in
the integrated waste management plan. The board is also
authorized to impose administrative civil penalties upon a city
or county that fails to implement those elements, and in
determining whether or not to impose any penalties, the
board is required to consider only those relevant
circumstances that have prevented a city, county, or regional
agency from meeting the requirements of the act, including
the enforcement criteria included in the board's enforcement
policy.
99
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This bill would revise the conditions for the issuance of a
compliance order with regard to the County of Los Angeles
and the cities and regional agencies located within that
county, to instead require the board to issue an order if the
board adopts written findings, based on substantial evidence
in the record, that the County of Los Angeles, or a city or
regional agency located within that county, has failed to make
a good faith effort to implement those elements. The bill
would provide that the County of Los Angeles, or a city or
regional agency located within that county, is deemed to be
implementing those elements if it has executed specified
programs identified in the reduction or hazardous waste
element or certain alternative programs. The bill would
additionally require the board to consider, in imposing those
civil penalties with regard to the County of Los Angeles, or a
city or regional agency located within that county, the
findings and recommendations in the progress report
concerning the disposal reporting system and would require
the board to annually update the enforcement criteria
included in the enforcement policy with regard to the County
of Los Angeles, or a city or regional agency located within that
county.
(5) Existing law requires the board to develop a
comprehensive market development plan using existing
resources, that will stimulate market demand in the state for
postconsumer waste material and secondary waste material
generated in the state, including specified goals. The plan is
required to include provisions for periodic review and
revision in response to changing market factors or actual
changes in secondary waste materials markets.
This bill would, with regard to the County of Los Angeles,
or a city or regional agency located within that county, require
the board to annually review, and, if necessary, update the
plan, in response to those changes, and to forward the revised
plan to the Legislature, the county, and to specified local
agencies.
(6) The bill would make a related statement of legislative
intent.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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AB 2067 -4-
The people of the State of California do enact as follows
1 SECTION 1. Section 40001 of the Public Resources
2 Code is amended to read:
3 40001. (a) The Legislature declares that the
4 responsibility for solid waste management is a shared
5 responsibility between the state and local governments.
6 The state shall exercise its legal authority in a manner that
7 ensures an effective and coordinated approach to the safe
8 management of all solid waste generated within the state
9 and shall oversee the design and implementation of local
10 integrated waste management plans.
11 (b) The Legislature further declares that it is the
12 policy of the state to assist local governments in
13 minimizing duplication of effort, and in minimizing the
14 costs incurred, in implementing this division through the
15 development of regional cooperative efforts and other
16 mechanisms which comply with this division.
17 (c) The Legislature further declares that market
18 development is the key to successful and cost-effective
19 implementation of the _ 25
20 percent and 50 percent diversion requirements required
21 pursuant to Section 41780, and that the state must take a
22 leadership role, pursuant to Chapter I (commencing
23 with Section 42000) of Part 3, iu by having the primary
24 responsibility, with local agencies having a
25 supplementoty role, for encouraging the development
26 and expansion of markets for recycled products by
27 working cooperatively with the public, private, and
28 nonprofit sectors.
29 (d) The Legislature further declares that it is the
30 policy of the state, and the intent of the Legislature, to
31 place primary emphasis on implementation of waste
32 diversion programs to efficiently utilize limited local
33 resources, and not to require local agencies within the
34 County of Los Angeles to go to extraordinary lengths to
35 ensure mathematical compliance with the requirements
36 of Section 41780.
37 SEC. 2. Section 40150.1 is added to the Public
38 Resources Code, to read:
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5
6
7
8
9
10
11
12
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15
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40150.1. "Nonbum transformation," for the purpose
of subdivision (e) of Section 41780.1, means pyrolysis,
distillation, gasification, or biological conversion.
"Nonbum transformation" does not include incineration,
composting, or biomass conversion.
SEC. 3. Section 40201 of the Public Resources Code is
amended to read:
40201. "Trans€ermstien" (a) Except as provided in
subdivision (b), "transformation" means incineration,
pyrolysis, distillation, gasification, or biological
conversion, other than composting. "T-°m ion"
(b) "Transformation" does not include eempesting- er
'-iemass can er any of the following:
(1) Composting.
(2) Biomass conversion.
(3) Nonburn transformation, for the purpose of
subdivision (e) of Section 41780.1.
SEC. 4. Section 40503 of the Public Resources Code is
amended to read:
40503. The board shall maintain its headquarters in
the County of Sacramento, and may establish regional
offices in any part of the state that the board deems
necessary. Subject to the availability of funds, the board
shall establish a regional office in the County of Los
Angeles.
SEC. 5. Section 40507 of the Public Resources Code is
amended to read:
40507. (a) On or before March 1 of each year, the
board shall file an annual report with the Legislature
highlighting significant programs or actions undertaken
by the board 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).
(b) Gaffiffierreing janttafy 1, 1997, the The board shall
file annual progress reports each January I with the
Legislature covering the activities and actions
undertaken by the board in the prior fiscal year. The
board shall prepare the progress reports throughout the
99
AB 2067 -6
I calendar year, as determined by the board, on the
2 following programs:
3 (1) The local enforcement agency program.
4 (2) The research and development program.
5 (3) The public education program.
6 (4) The market development program.
7 (5) The used oil program.
8 (6) The planning and local assistance program.
9 (7) The site cleanup program.
10 (c) The progress report shall specifically include, but
11 is not limited to, all of the following information:
12 (1) Pursuant to paragraph (1) of subdivision (b), the
13 status of the certification and evaluation of local
14 enforcement agencies pursuant to Chapter 2
15 (commencing with Section 43200) of Part 4.
16 (2) Pursuant to paragraph (2) of subdivision (b), all of
17 the following information:
18 (A) The results of the research and development
19 programs established pursuant to Chapter 13
20 (commencing with Section 42650) of Part 3.
21 (B) A report on information and activities associated
22 with the establishment of the Plastics Recycling
23 Information Clearinghouse, pursuant to Section 42520.
24 (C) A report on the progress in implementing the
25 monitoring and control program for the subsurface
26 migration of landfill gas established pursuant to Section
27 43030, including recommendations, as needed, to
28 improve the program.
29 (D) A report on the comparative costs and benefits of
30 the recycling or conversion processes for waste tires
31 funded pursuant to Chapter 17 (commencing with
32 Section 42860) of Part 3.
33 (3) Pursuant to paragraph (3) of subdivision (b), all of
34 the following information:
35 (A) A review of actions taken by the board to educate
36 and inform individuals and public and private sector
37 . entities who generate solid waste on the importance of
38 source reduction, recycling, and composting of solid
39 waste, and recommendations for administrative or
99
-7- AB 2067
1
legislative actions whi
eh that will inform and educate
2
these parties.
3
(B) A report on
the effectiveness of the public
4
information
program
required to be implemented
5
pursuant to
Chapter
12 (commencing with Section
6
42600) of
Part 3,
including recommendations on
7
administrative
and legislative changes to improve the
n program.
9 (C) A report on the status and effectiveness of school
10 district source reduction and recycling programs
11 implemented pursuant to Chapter 12.5 (commencing
12 with Section 42620) of Part 3, including
13 recommendations on administrative and legislative
14 changes to improve the program's effectiveness.
15 (D) A report on the effectiveness of the integrated
16 waste management educational program and teacher
17 training plan implemented pursuant to Section 42603,
18 including recommendations on administrative and
19 legislative changes which will improve the program.
20 (E) A summary of available and wanted materials, a
21 profile of the participants, and the amount of waste
22 diverted from disposal sites as a result of the California
23 Materials Exchange Program established pursuant to
24 subdivision (a) o Section 42600.
25 (4) Pursuant to paragraph (4) of subdivision (b), all of
26 the following information:
27 (A) A review of market development strategies
28 undertaken by the board pursuant to this division to
29 ensure that markets exist for materials diverted from solid
30 waste facilities, including recommendations for
31 administrative and legislative actions which will promote
32 expansion of those markets. The recommendations shall
33 include, but not be limited to, all of the following:
34 (i) Recommendations for actions to develop more
35 direct liaisons with private manufacturing industries in
36 the this state to promote increased utilization of recycled
37 feedstock in manufacturing processes.
38 (ii) Recommendations for actions whieh that can be
39 taken to assist local governments in the inclusion of
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AB 2067 -8
1 recycling activities in county overall economic
2 development plans.
3 (iii) Recommendations for actions to utilize available
4 financial resources for expansion of recycling industry
5 capacity.
6 (iv) Recommendations to improve state, local, and
7 private industry product and material procurement
8 practices.
9 (B) Development and implementation of a program
10 to assist local agencies in the identification of markets for
11 materials that are diverted from disposal facilities
12 through source reduction, recycling, and composting
13 pursuant to Section 40913.
14 (C) A report on the Recycling Market Development
15 Zone Loan Program provided for in subdivision (e) of
16 Section 4281-0) 42023. 1, pursuant to subdivision (0 --&F
17 Section 42819 41023.5.
18 (D) A report on implementation of the Compost
19 Market Program pursuant to Chapter 5 (commencing
20 with Section 42230) of Part 3.
21 (E) A report on the progress in developing and
22 implementing the comprehensive Market Development
23 Plan, pursuant to Article 2 of Chapter 1 (commencing
24 with Section 42005) of Part 3.
25 (F) The number of retreaded tires purchased by the
26 Department of General Services during the prior fiscal
27 year pursuant to Section 42414.
28, (G) The results of the study performed in consultation
29 with the Department of General Services pursuant to
36 Section 42416 to determine if tire retreads, procured by
31 the department, have met all quality and performance
32 criteria of a new tire, including any recommendations to
33 expand, revise, or curtail the program.
34 (H) The number of recycled lead-acid batteries
35 purchased during the prior fiscal year by the Department
36 of General Services pursuant to Section 42443.
37 (I) A list of established price preferences for recycled
38 paper products for the prior fiscal year pursuant to
39 paragraph (1) of subdivision (c) of Section 12161 of the
40 Public Contract Code.
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1 (J) A report on the implementation of the white office
2 paper recovery program pursuant to Chapter 10
3 (commencing with Section 42560) of Part 3.
4 (5) Pursuant to paragraph (5) of subdivision (b), both
5 of the following information:
6 (A) A report on the annual audit of the used oil
7 recycling program established pursuant to Chapter 4
8 (commencing with Section 48600) of Part 7.
9 (B) A summary of industrial and lubricating oil sales
10 and recycling rates, the results of programs funded
11 pursuant to Chapter 4 (commencing with Section 48600)
12 of Part 7, recommendations, if any, for statutory changes
13 to the program, including changes in the amounts of the
14 payment required by Section 48650 and the recycling
15 incentive, and plans for present and future programs to
16 be conducted over the next two years.
17 (6) Pursuant to paragraph (6) of subdivision (b), all of
18 the following information:
19 (A) The development by the board of the model
20 countywide or regional siting element and model
21 countywide or regional agency integrated waste
22 management plan pursuant to Section 40912, including its
23 effectiveness in assisting local agencies.
24 (B) The adoption by the board of a program to provide
25 assistance to cities, counties, or regional agencies in the
26 development and implementation of source reduction
27 programs pursuant to subdivision (b) of Section 40912.
28 (C) The development by the board of model programs
29 and materials to assist rural counties and cities in
30 preparing city and county source reduction and recycling
31 elements pursuant to Section 48914 40912.
32 (D) A report on the number of tires that are recycled
33 or otherwise diverted from disposal in landfills or
34 stockpiles.
35 (E) A report on the development and implementation
36 of recommendations, with proposed implementing
37 regulations, for providing technical assistance to, counties
38 and cities that meet criteria specified in Section 41782, so
39 that those counties and cities will be able to meet the
40 objectives of this division. The recommendations shall,
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AB 2067 -10
1 among other things, address both of the following
2 matters:
3 (i) Assistance in developing methods of raising
4 revenue at the local level to fund rural integrated waste
5 management programs.
6 (ii) Assistance in developing alternative methods of
7 source reduction, recycling, and composting of solid
8 waste suitable for rural local governments.
9 (F) A report on the status and implementation of the
10 "Buy Recycled" program established pursuant to
11 subdivision (d) of Section 42600, including the waste
12 collection and recycling programs established pursuant
13 to Sections 12164.5 and 12165 of the Public Contract Code.
14 (G) A report evaluating the accuracy and
15 effectiveness of the disposal reporting system adopted by
16 the board pursuant to subdivision (d) of Section 41821.5,
17 and analyzing its impact on the ability of the County of
18 Los Angeles, and the cities and regional agencies located
19 within that county, to meet the requirements of Section
20 41780. The report shall include recommendations
21 developed in partnership with municipalities, nonprofit
22 organizations, and private entities located within the
23 County of Los Angeles to address any deficiencies in the
24 disposal reporting system.
25 (7) Pursuant to paragraph (7) of subdivision (b), a
26 description of sites cleaned up under the Solid Waste
27 Disposal and Codisposal Site Cleanup Program
28. established pursuant to Article 2.5 (commencing with
29 Section 48020) of Chapter 2 of Part 7, a description of
30 remaining sites where there is no responsible party or the
31 responsible party is unable or unwilling to pay for
32 cleanup, and recommendations for any needed
33 legislative changes.
34 SEC. 6. Section 41780.1 of the Public Resources Code
35 is amended to read:
36 41780.1. (a) Notwithstanding any other requirement
37 of this part, for the purposes of determining the amount
38 of solid waste that a regional agency is required to divert
39 from disposal or transformation through source
40 reduction, recycling, and composting to meet the
99
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11 - AB 2067
1 diversion requirements of Section 41780, the regional
2 agency shall use the solid waste disposal projections in the
3 source reduction and recycling elements of the regional
4 agency's member agencies. The method prescribed in
5 Section 41780.2 shall be used to determine the maximum
6 amount of disposal allowable to meet the diversion
7 requirements of Section 41780.
8 (b) Notwithstanding any other requirement of this
9 part, for the purposes of determining the amount of solid
10 waste that a city or county is required to divert from
11 disposal or transformation through source reduction,
12 recycling, and composting to meet the diversion
13 requirements of Section 41780, the city or county shall use
14 the solid waste disposal projections in the source
15 reduction and recycling elements of the city or county.
16 The method prescribed in Section 41780.2 shall be used to
17 determine the maximum amount of disposal allowable to
18 meet the diversion requirements of Section 41780.
19 (c) To determine achievement of the diversion
20 requirements of Section 41780 in 1995 and in the year
21 2000, projections of disposal amounts from the source
22 reduction and recycling elements shall be adjusted to
23 reflect annual increases or decreases in population and
24 other factors affecting the waste stream, as determined
25 by the board. By January 1, 1994, the board shall study the
26 factors which affect the generation and disposal of solid
27 waste and shall develop a standard methodology and
28 guidelines to be used by cities, counties, and regional
29 agencies in adjusting disposal projections as required by
30 this section.
31 (d) The amount of additional diversion required to be
32 achieved by a regional agency to meet the diversion
33 requirements of Section 41780 shall be equal to the sum
34 of the diversion requirements of its member agencies. To
35 determine the maximum amount of disposal allowable for
36 the regional agency to meet the diversion requirements
37 of Section 41780, the maximum, amount of disposal
38 allowable for each member agency shall be added
39 together to yield the agency disposable maximum.
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AB 2067 -12-
I (e) Notwithstanding any other provision of law, the
2 amount of solid waste that the County of Los Angeles, or
3 a city or regional agency located within that county, is
4 required to divert to meet the 50 percent diversion
5 requirement specified in paragraph (2) of subdivision (a)
6 of Section 41780 may include solid waste that is diverted
7 using nonburn transformation, if the project complies
8 with the requirements of Section 44150, except that, for
9 purposes of such a nonburn transformation project's
10 compliance with those requirements, the term
11 "transformation," as used in Section 44150, includes
12 nonburn transformation.
13 SEC. 7. Section 41783 of the Public Resources Code is
14 amended to read:
15 41783. 1=er Except as provided in subdivision (e) of
16 Section 41780.1, for any city, county, or regional agency
17 source reduction and recycling element submitted to the
18 board after January 1, 1995, the 50 percent diversion
19 requirement specified in paragraph (2) of subdivision (a)
20 of Section 41780 may include not more than 10 percent
21 through transformation, as defined in Section 40201, if all
22 of the following conditions are met:
23 (a) The transformation project is in compliance with
24 Sections 21151.1 and 44150 of this code and Section 42315
25 of the Health and Safety Code.
26 (b) The transformation project uses front-end
27 methods or programs to remove all recyclable materials
28: from the waste stream prior to transformation to the
29 maximum extent feasible.
30 (c) The ash or other residue generated from the
31 transformation project is routinely tested at least once
32 quarterly, or on a more frequent basis as determined by
33 the agency responsible for regulating the testing and
34 disposal of the ash or residue, and, notwithstanding
35 Section 25143.5 of the Health and Safety Code, if
36 hazardous wastes are present, the ash or residue is sent to
37 a elass 1 hazardous waste disposal facility that is classified
38 as a class I, landfill in accordance with Chapter 15
39 (commencing with Section 2510) of Division 3 of Title 23
40 of the California Code of Regulations.
99
13- AB 2067
1 (d) The board holds a public hearing in the city,
2 county, or regional agency jurisdiction within which the
3 transformation project is proposed, and, after the public
4 hearing, the board makes both of the following findings,
5 based upon substantial evidence on the record:
6 (1) The city, county, or regional agency is, and will
7 continue to be, effectively implementing all feasible
8 source reduction, recycling, and composting measures.
9 (2) The transformation project will not adversely
10 affect public health and safety or the environment.
11 (e) The transformation facility is permitted and
12 operational on or before January 1, 1995.
13 (f) The city, county, or regional agency does not
14 include biomass conversion, as authorized pursuant to
15 Section 41783, in its source reduction and recycling
16 element.
17 SEC. 8. Section 41825 of the Public Resources Code is
18 amended to read:
19 41825. X41 Except as provided in Section 41825.1, at
20 least once every two years, the board shall review each
21 city, county, or regional agency source reduction and
22 recycling element and household hazardous waste
23 element. If, after a public hearing, which, to the extent
24 possible, is held in the local or regional agency's
25 jurisdiction, the board finds that the city, county, or
26 regional agency has failed to implement its source
27 reduction and recycling element or its household
28.' hazardous waste element, the board shall issue an order
29 of compliance with a specific schedule for achieving
30 compliance. The compliance order shall include those
31 conditions which the board determines to be necessary
32 for the local agency or regional agency to complete in
33 order to, implement its source reduction and recycling
34 element or household hazardous waste element.
35 SEC. 9. Section 41825.1 is added to the Public
36 Resources Code, to read:
37 41825.1. (a) At least once every two years, the board
38 shall review the source reduction and recycling element
39 and household hazardous waste element of the County of
40 Los Angeles and each city and regional agency located
99
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AB 2067 -14
1 within that county. If, after a public hearing, which, to the
2 extent possible, is held in the local or regional agency's
3 jurisdiction, the board adopts written findings, based on
4 a substantial evidence in the record that the County of
5 Los Angeles, or a city or regional agency located within
6 that county, has failed to make a good faith effort, as
7 defined in Section 41850.1, to implement its source
8 reduction and recycling element or its household
9 hazardous waste element, the board shall issue an order
10 of compliance with a specific schedule for achieving
11 compliance.
12 (b) For purposes of subdivision (a), the County of Los
13 Angeles, or a city or regional agency located within that
14 county, shall be deemed to be implementing its source
15 reduction and recycling element or household hazardous
16 waste element, if the county, city, or regional agency has
17 executed those selected programs identified in the source
18 reduction and recycling element or household hazardous
19 waste element that is approved by the board, or suitable
20 alternative programs mutually agreed upon by the board
21 and the county, city, or regional agency.
22 (c) A compliance order issued pursuant to subdivision
23 (a) shall include those conditions that the board
24 determines to be necessary for the County of Los Angeles,
25 or a city or regional agency located within that county, to
26 complete in order to implement its source reduction and
27 recycling element or household hazardous waste
28 element.
29 SEC. 10. Section 41850 of the Public Resources Code
30 is amended to read:
31 41850. (a) Except as specifically provided in Section
32 41813, if, after holding the public hearing and issuing an
33 order of compliance pursuant to Section 41825 or 41825.1,
34 the board finds that the city, county, or regional agency
35 has failed to implement its source reduction and recycling
36 element or its household hazardous waste element, the
37 board may impose administrative civil penalties upon the
38 city or county or, pursuant to Section 40974, upon the city
39 or county as a member of a regional agency, of up to ten
99
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15- AB 2067
1 thousand dollars ($10,000) per day until the city, county,
2 or regional agency implements the element.
3 (b) In determining whether or not to impose any
4 penalties, or in determining the amount of any penalties
5 imposed under this section, including any penalties
6 imposed due to the exclusion of solid waste pursuant to
7 Section 41781.2 which results in a reduction in the
8 quantity of solid waste diverted by a city, county, or
9 regional agency, the board shall consider only those
10 relevant circumstances which have prevented a city,
11 county, or regional agency from meeting the
12 requirements of this division, including the diversion
13 requirements of paragraphs (1) and (2) of subdivision (a)
14 of Section 41780, including, but not limited to, all of the
15 following:
16 (1) Natural disasters.
17 (2) Budgetary conditions within a city, county, or
18 regional agency which could not be remedied by the
19 imposition or adjustment of solid waste fees.
20 (3) Work stoppages which directly prevent a city,
21 county, or regional agency from implementing its source
22 reduction and recycling element or household hazardous
23 waste element.
24 (4) The impact of the failure of federal, state, and
25 other local agencies located within the jurisdiction to
26 implement source reduction and recycling programs in
27 the jurisdiction on the host jurisdiction's ability to meet
28, the requirements of paragraph (2) of subdivision (a) of
29 Section 41780.
30 (5) With regard to the County of Los Angeles, and any
31 city or regional agency located within that county, the
32 findings and recommendations of the report prepared
33 pursuant to subparagraph (G) of paragraph (6) of
34 subdivision (c) of Section 40507 and the impact of the
35 disposal reporting system adopted by the board pursuant
36 to Section 41821.5 on those jurisdictions' ability to meet
37 the requirements of Section 41780.
38 (c) In addition to the factors specified in subdivision
39 (b), the board shall consider all of the following:
99
AB 2067 -16
1 (1) (A) The extent to which a city, county, or regional
2 agency has made good faith efforts to implement its
3 source reduction and recycling element or household
4 hazardous waste element.
5 (B) (i) For the purposes of this paragraph, "good faith
6 efforts" means all reasonable and feasible efforts by a city,
7 county, or regional agency to implement those programs
8 or activities identified in its source reduction and
9 recycling element or household hazardous waste
10 element, or alternative programs or activities that
11 achieve the same or similar results.
12 (ii) For purposes of this paragraph, "good faith efforts"
13 may also include the evaluation by a city, county, or
14 regional agency of improved technology for the handling
15 and management of solid waste that would reduce costs,
16 improve efficiency in the collection, processing, or
17 marketing of recyclable materials or yard waste, and
18 enhance the ability of the city, county, or regional agency
19 to meet the diversion requirements of paragraphs (1) and
20 (2) of subdivision (a) of Section 41780, provided that the
21 city, county, or regional agency has submitted a
22 compliance schedule pursuant to Section 41825 or
23 41825.1, and has made all other reasonable and feasible
24 efforts to implement the programs identified in its source
25 reduction and recycling element or household hazardous
26 waste element.
27 (iii) 1rt Except as provided in clause (iv), in
28 determining whether a jurisdiction has made a good faith
29 effort, the board shall consider the enforcement criteria
30 included in its enforcement policy, as adopted on April 25,
31 1995, or as subsequently amended. -
32 (iv) With regard to determining whether the County
33 of Los Angeles, or a city or regional agency within that
34 county, has made a good faith effort, the board shall
35 consider the enforcement criteria in its enforcement
36 policy, which shall be updated on January 1, 2001, and on
37 or before January 1, annually thereafter. The board, in
38 consultation with local agencies, the solid waste industry,
39 and nonprofit organizations, shall conduct the update of
99
17- AB 2067
1 the enforcement criteria pursuant to this clause to reflect
2 any applicable changes in state law.
3 (2) The extent to which a city, county, or regional
4 agency has implemented additional source reduction,
5 recycling, and composting activities to comply with the
6 diversion requirements of paragraphs (1) and (2) of
7 subdivision (a) of Section 41780.
8 (3) The extent to which a city, county, or regional
9 agency is meeting the diversion requirements of
10 paragraphs (1) and (2) of subdivision (a) of Section
11 41780.
12 (4) Whether the jurisdiction has requested and been
13 granted an extension to the requirements of Section
14 41780, pursuant to Section 41820, or an alternative
15 requirement to Section 41780, pursuant to Section 41785.
16 SEC. 11. Section 42006 of the Public Resources Code
17 is amended to read:
18 42006. (a) The plan required by Section 42005 shall
19 describe and prioritize actions that should be undertaken
20 to meet the goals specified in subdivision (b) of Section
21 42005.
22 (b) The Except as provided in subdivision (c), the
23 plan shall include provisions for periodic review and
24 revision in response to changing market factors or actual
25 changes in secondary waste materials markets.
26 (c) The board shall review the plan as it applies to the
27 County of Los Angeles and the cities and regional
28' agencies within that county annually, and, if necessary,
29 update the plan in response to changing market factors
30 or actual changes in secondary waste materials markets.
31 The board shall forward the revised plan to the
32 Legislature, to the County of Los Angeles, and to all cities
33 and regional agencies within that county.
34 SEC. 12. The Legislature finds and declares that a
35 special statute is necessary and that a general statute
36 cannot be made applicable within the meaning of
37 subdivision (b) of Section 16 of Article IV of the California
38 Constitution, due to the following facts:
99
AB 2067 -18-
I (a) One in three Californians live in the County of Los
2 Angeles and 55,000 tons of solid waste are generated
3 within the county each day.
4 (b) The management of these solid wastes in these
5 large amounts poses significant hurdles for each of the
6 County of Los Angeles' 88 cities and unincorporated
7 communities.
8 (c) The limited resources of the County of Los Angeles
9 should be dedicated towards establishing and
10 implementing effective solid waste diversion programs,
11 instead of using those limited resources for solid waste
12 management accounting.
O
99
LOS ANGELES COUNTY
SOLID WASTE MANAGEMENT COMMITTEE/
INTEGRATED WASTE MANAGEMENT TASK FORCE
900 SOUTH FREMONT AVENUE, ALHAMBRA, CALIFORNIA 91803.1331
P.O. BOX 1460, ALHAMBRA, CALIFORNIA 91802-1460
HARRY W. STONE
CHAIRMAN
February 28, 2000
The Honorable Joe Vasquez
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770-1787
Dear Mayor Vasquez:
STATE WASTE DIVERSION REQUIREMENTS AND COMPLIANCE MEASUREMENT
ASSEMBLY BILL 1939 (VINCENT AND MARGETT)
This is a follow-up to the Los Angeles County Integrated Waste Management Task
Force (Task Force) letter of June 7, 1999 (Enclosure A), encompassing a number of
recommendations to address deficiencies with the current State methodology in measuring
jurisdictions' compliance with the waste reduction mandates of State law. I am pleased to
.inform you that the Task Force's legislative recommendations have been formulated into
the Los Angeles County-sponsored Assembly Bill 1939 (AB 1939), introduced on
February 15, 2000 (Enclosure B). This Bill is jointly authored by Assembly Members
Ed Vincent (Inglewood) and Bob Margett (Arcadia), with principal co-authors
Robert Pacheco (Walnut) and Carl Washington (Compton). AB 1939 is also co-authored
in the Assembly by Assembly Members Mike Briggs (Fresno), Dave Cox (Sacramento),
and George Runner (Santa Clarita/Antelope Valley), and in the Senate by Senators
Richard Mountjoy and Richard Polanco.
The Bill places primary emphasis on implementation of waste diversion programs to
efficiently utilize limited local resources and not to require local governments to go through
extraordinary lengths to ensure mathematical compliance with the State's 50 percentwaste
reduction mandate as insisted by the California Integrated Waste Management Board
(Waste Board). The Bill also promotes alternative technologies to reduce dependence on
landfilling and incineration as well as requiring the Waste Board to maintain a local office
in Los Angeles County. I believe this is a landmark legislation and, therefore, I request
that your City carefully study the proposal, strongly support it, and follow through to ensure
its enactment by the State legislature and the Governor. A description of the existing
deficiencies and proposed legislative remedies embodied in Assembly Bill 1939 is further
provided in Enclosure C.
The Task Force recommendations were developed with extensive input from the cities, the
waste management industries, and the public. For many years, jurisdictions have
expressed concerns about the difficulties with "accurately" accounting for the waste
February 28, 2000
Page 2
originating within their boundaries forthe purpose of measuring compliance with the State's
50 percent waste reduction mandate. This is particularly accute in Los Angeles County,
with 88 cities, numerous unincorporated communities, dozens of solid waste facilities
(which are used by over 200 jurisdictions throughout the State), hundreds of permitted
waste haulers, and thousands of self-haulers and contractors. The complexity of our solid
waste management system makes it extraordinarily difficult to accurately track all the waste
generated within each jurisdiction from the point of origin, through various intermediate
processing points, and to the ultimate point of diversion and/or disposal. The only system
that can partially accomplish such a daunting task to assure State-required mathematical
compliance is to place a bar code on every trash container, and a weight scale, a Global
Positioning equipment, and a computer on every trash truck (and still, what do we do about
the self haulers?).
I strongly request that your City contact the Bill authors and the Los Angeles County
Legislative Delegation informing them of your support for Assembly Bill 1939. We believe
that with your support we will have the momentum necessary to ensure passage of this
very important Bill. For your convenience, I have enclosed a sample letter that may be of
use in preparing your City's communication with the Bill's authors (Enclosure D) and a
listing of the legislative representatives (Enclosure E).
Let me thank you in advance for your support. By joining together, we can allow
jurisdictions in Los Angeles County, as well as throughout the State, to focus on
implementing waste diversion programs to protect the public health and safety while
conserving our natural resources.
Should you have any questions, please contact me at the City of Glendale, at
(818) 548-4844, or contact Mr. Mike Mohajer, of the Los. Angeles County Department of
Public Works, at (626) 458-3502.
Sinc ely,
GINGER ~fiEMBERG, Vice-Chair
Los Angeles County Solid Waste M nag ment Committee/
Integrated Waste Management Tas F rce and
Mayor, City of Glendale
PA: my\P:\sec\a b 1939.frm
Enc:
cc: Each Member of the Los Angeles County Board of Supervisors
Each Member of the Los Angeles County Integrated Waste Management Task Force
City Recycling Coordinator
LOS ANGELES COUNTY
SOLID WASTE MANAGEMENT COMMITTEE/
INTEGRATED WASTE MANAGEMENT TASK FORCE
900 SOUTH FREMONT AVENUE, ALHAMBRA, CALIFORNIA 91803.1331
P.O. BOX 1460, ALHAMBRA, CALIFORNIA 91802.1460
HARRY W. STONE
CHAIRMAN
June 7, 1999
FIELD(CITY MAYOR)
FIELD(CITY)'
FIELD(ADDRESS)
FIELD(CITY-,-STATE, ZIP CODE)
Dear Mayor. FIELD(SALUTATION): - "
ASSEMBLY BILL 939 COMPLIANCE
FINAL RECOMMENDATIONS TO IMPROVE
THE CURRENT DISPOSAUREPORTING`SYSTEM
As a follow-up to my April 22,1999; letter regarding measures to improve the current State
disposal quantity reporting system,_I am'pleased to inform you that oh May 20; 1999, the
Los Angeles County Integrated Waste Management Task Force (Task Force) approved
a 'series of recommendations designed to improve the system (see Enclosure A). As you
may know, most jurisdictions in Los"Angeles County.share the concern. that the current
system does not accurately quantify the amount of solid waste disposed by jurisdictions
due to its inherent deficiencies. These deficiencies may cause many jurisdictions to
mathematically fail in achieving the State's 50 percent waste reduction mandate by the
year 2000 resulting in penalties of up to $10,000 per day.
The Task Force's recommendations propose to make (a) changes in State law
emphasizing the quality of waste diversion programs implemented ratherthan relying solely
on quantity measurement; (b) changes in California Integrated Waste Management Board
(Waste Board) regulations, policies, and other activities including expediting the 'review of
annual reports to help jurisdictions gauge their progress in achieving the State's waste
reduction mandate; (c) measures that solid waste facility operators can implement
including extending the origin survey period to more than one week per quarter; and
(d) measures that local jurisdictions can implement within a relatively short time.
ENCLOSURE A
PAGE 1 OF 2
June 7, 1999
Page 2 .
A concerted action by all concerned parties is essential for this effort to succeed in
improving the current system. To this end, I request that your City contact your State
legislative representatives and the Waste Board informing them of your support for the
recommendations. For your convenience, I have enclosed sample letters that may be of
use in preparing your City's communication to your representatives and the Waste Board
(see Enclosures B and C, respectively).
As for measures that local jurisdictions can implement, the Task Force recommended that
cities continue to adopt requirements for construction contractors to quantify and reportthe
waste generated within their jurisdiction and to divert disposal of-. construction. and
demolition inert materials from our municipal solid waste landfills. Such measures have
greatly assisted some jurisdictions in quantifying the waste _originating within their
boundaries and in correcting their base-year disposal quantities as well as recycling
construction and demolition materials.
In closing, I would like to extend my deepest appreciation for your Cites assistance in
addressing this complex issue. With your support, we can bring about the needed
changes so that jurisdictions in Los Angeles. County can move forward and, focus their.
efforts on implementing waste reduction programs ratherthan spending money on fruitless
and expensive "bean counting" when it is solely mandated by the State for the purpose of
compliance measurement. Should you have any questions, please contact meat the City
of Glendale, at (818) 548-4844, or contact Mr. Mike Mohajer, of the Los Angeles County
Department of.-Public Works at (626) 458-3502, Monday through Thursday, 7:00 a.m. to
5:30 p.m.:-.
Sincerely,
LvLt' 7~/'c~nv ' >
GINGER BREMBERG, Vice-Chair
Los Angeles County Solid Waste Management Committee/
Integrated Waste Management Task Force and
Mayor, City of Glendale
PA: my
P:\sec\939fnl
Enc.
cc: Each Member of the Los Angeles County Board of Supervisors
Each Member of the Los Angeles County Integrated Waste Management Task Force
City Recycling Coordinator
ENCLOSURE A
CALIFORNIA LEGISLATURE-1999-2000 REGULAR SESSION
ASSEMBLY BILL No. 1939
Introduced by Assembly Members Vincent and Margett
(Principal coauthors: Assembly Members Robert Pacheco.
and Washington)
(Coauthors: Assembly Members Briggs, Cox, and Runner
(Coauthors: Senators Mountjoy and Polanco).
February. 15, 2000
An act to amend Sections 40001, 40201, 40503;40507, 41780.11
41783. 41825.'41850.- and 42006' of, and to add Section 40150.1
to, the Public Resources Code, relating to solid waste.
_ - LEGISIATIVECOUNSITS DIGFST
AB"` 1939" as introduced,' Vincent.' Solid waste diversion
requirements: nonburn transformation'
'
(1) the` existing.`Califomia''Integraied Waste: Management
Act of 1989;whicfi ' is " administered by the California
Integrated Waste'" Management " Board,' `-establishes ' an
' integrated' waste management program.'. The act requires
each city, county, city. and county, and 'regional agency, if any,
to develop a source reduction and recycling element of an
integrated- waste ' management plan containing specified
componems.' For the' first revision of the element, those
entities are required to divert, by January I, 2000 from disposal
or transformation, 50% of the solid waste through source
reduction, :recycling, and composting subject to the element,
except as specified. Existing law defines transformation as
including incineration. pyrolsis, distillation, gasification or
biological Conversion.
99
ENCLOSURE B
PAGE 1 OF 16
AB 1939 -2-
This . bill would allow the 50% diversion amount
requirement to include diversion through nonburn
transformation. as defined, if specified conditions are met
with regard to the project and the residues generated from
the project. The bill would revise the definition of
transformation, for purposes of the act, to exclude nonburn
transformation, for purposes of measuring. compliance with
the act's diversion requirements.
(2) Existing law requires the board to maintain
headquarters in Sacramento and authorizes the board to
establish regional offices.
This bill would require the board to establish a regional
office in any county that has a population greater than 5
million persons, subject to the availability of funds.
(3) Existing law requires the board to file annual progress
reports with the Legislature covering the activities and
actions undertaken by the board in the prior fiscal year. The
board is required to adopt regulations requiring practices and
procedures for performing . periodic tracking surveys on the
disposal tonnages that are disposed of at each disposal facility.
This bill would require the progress report to also include
a report evaluating.._ the. accuracy. and effectiveness of the
disposal reporting. -system.. adopted by the board, including
recommendations to address any deficiencies in the system.
(4) Existing. law requires,, the board to issue ..an order of
compliance if the board. finds.-that a city, county, or regional
agency has failed . to implement its source reduction and
recycling element or household hazardous waste element. in
the integrated waste management plan. The board is also
authorized to impose administrative civil penalties upon a city
or county that fails to implement those elements, and in
determining whether or not to impose any penalties, the
board is required to consider only those relevant
circumstances that have prevented a city, county, or regional
agency from meeting the requirements of the act. including
the enforcement criteria included in the board's enforcement
policy.
This bill would revise the conditions for the issuance. of a
compliance order, to instead require the board to issue an
order if. the board adopts written findings, based on substantial
99
ENCLOSURE B
-3- AB 1939
evidence in the record, that the city, county, or regional
agency has failed to make a good faith effort to implement
those elements. The bill would provide that a city, county, or
regional agency is deemed to be implementing those
elements if it has executed specified programs identified in
the reduction or hazardous waste element or certain
alternative programs. The bill would additionally require the
board to consider, in imposing those civil penalties, the
findings and recommendations in the progress report
concerning the disposal reporting system and would require
the board to annually update the enforcement criteria
included in the enforcement policy.
(5) Existing law requires the board to develop a
comprehensive.. market. development plan using existing
resources, that will stimulate market demand in the state for
postconsumer waste- material and secondary waste material
generated in the state, including specified goals. The plan is
required to include provisions for periodic review and
revision in response to changing market factors or actual
changes in secondary waste materials markets.
This. bill would require the board to annually review, and,
if necessary, update the., plan, in response to those changes,
and to forward.. the revised plan to the Legislature and to local
agencies.
Vote: majority... Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 40001 of the Public Resources
2 Code is amended to read:
3. 40001. (a) The Legislature declares that the
4. responsibility for solid waste management is a shared
5 responsibility between the state and local governments.
6 The state shall exercise its legal authority in a manner that
7 ensures an effective and coordinated approach to the safe
8 management of all solid waste generated within the state
9 and shall oversee the design and implementation of local
10 integrated waste management plans.
99
ENCLOSURE B
PAGE 3 OF 16
AB 1939
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
-4-
(b) The Legislature further declares that it is the
policy of the state to assist local governments in
minimizing duplication of effort, and in minimizing the
costs incurred, in implementing this division through the
development of regional cooperative efforts ' and other
mechanisms which comply with this division.
(c) The Legislature further declares that market
development is the key to successful and cost-effective
implementation of the _ 25
percent and 50 percent diversion requirements required
pursuant to Section 41780, and that the state must take a
leadership role, pursuant to Chapter 1 (commencing
with Section 42000) of Part 3, itt by' having' the primary
responsibility. ' with local agencies having " a
supplementary role, for encouraging the development
and expansion of markets for recycled products by
working cooperatively with the public, private, and
nonprofit sectors.
(d) The Legislature further declares that ' it ' is the
policy of the' state, and the intent of the Legislature. to
placeprimary emphasis on implementation of waste
diversion programs to efficiently utilize limited local
resources, and not to require local agencies to go
eztraordinarv lengths to ensure mathematical
compliance with the requirements of Section 41780.
SEC. 2. Section 40150.1 is added to the Public
Resources Code, to read:
40150.1. " Nonburn transformation," for the purpose
of measuring compliance with the diversion
requirements of Section 41780. - means pyrolysis,
distillation, gasification.' or biological conversion.
"Nonbum transformation" does not include incineration,
composting, or biomass conversion.
- SEC. 3. Section 40201 of the Public Resources Code is
amended to read:
40201. -Tfansferfnation" (a) Except as provided in
subdivision (b), 'transformation ° means incineration,
pyrolysis, distillation, gasification, or biological
conversion, other than composting. "Ti ==patio="
99
F
ENCLOSURE B
-5- AB 1939
1 (b) "Transformation" does not include eerrgjesmtg -er
2 biemasq . any of the following:
3 (1) Composting.
4 (2) Biomass conversion.
5 (3) Nonburn transformation, for the purpose of
6 measuring compliance with the diversion requirements
7 of Section 41780.
8 SEC. 4. Section 40503 of the Public Resources Code is
9 amended to read:
10 40503. The. board shall maintain its headquarters in
11 the County of Sacramento, . and may establish regional
12 offices in any part of the . state that the board deems
13 necessary. Subject. to-the, availability of funds. the board
14 , shall- establish. a regional office in any: county., that has a
15 - population greater than. 5,000,000. _
16 . SEC. 5.,::: Section 40507 of the Public Resources Code is
17 -amended to read:.
18 1 40507. (a) On or before March . 1 of - each year, the
19, board : shall file _ an annual report with : the Legislature
20 highlighting . significant - programs or actions undertaken
21 by:_the- board to implement programs pursuant to this
22 division. during the prior calendar:, year...- The report shall
23.; include:., but is . not limited: to,,. the information described
24 in subdivision (b).
-25.::.; (b)_6emmeneite, 7he board shall
26 file_.annual; progress reports.; each January, I with the
2T-_Legislature covering:; ;-the, activities.. , and. actions
28 undertaken "by the,:, board- in., the prior fiscal year. The
29 board shall, prepare the progress .reports. throughout the
30 calendar year, as determined by the board, on the
31 following programs:
32 _ (1) The local enforcement agency program.
33 (2) The research and development program.
34 (3) The public education program.,
35 (4) The market development program.
36 (5) The used oil program..
37 (6) The planning and local assistance program.
38 .(7) The site cleanup program.
39 (c) The progress report shall specifically include. but
40 is not limited to, all of the following information:
99
ENCLOSURE B
PAGE 5 OF 16
AB 1939 -6-
1 (1) Pursuant to paragraph (1) of subdivision (b), the
2 status of the certification and evaluation of local
3 enforcement agencies pursuant to Chapter 2
4 (commencing with Section 43200) of Part 4.
5 (2) Pursuant to paragraph (2) of subdivision (b), all of
6 the following information:
7 (A) The results of. the research and development
8 programs established pursuant to Chapter 13
9 (commencing with Section 42650) of Part 3.
10 (B) A -report on information and activities associated
11 with the establishment' of the Plastics Recycling
12 Information Clearinghouse, pursuant to Secti on 42520.
13 (C) A report` on the progress ' in implementing the
14 monitoring and control program ' for the < subsurface
15' migration of landfill gas established - pursuant to Section
16 43030, including recommendations, as needed, to
17 improve the program:
18 (D) A report on . the comparative costs and benefits of
19 the recycling or conversion processes for waste tires
20 funded pursuant to Chapter 17 (commencing with
21 Section 428601 of Part I
22 ' (3) Pursuant to paragraph (3) of subdivision' (b), all of
23 the following information:
24 (A) A. review-of actions' taken by the board to educate
25 -:and inform'.; individuals-.--- and public and -'private.' sector
26, entities- who generate solid waste- on the 'importance of
27 source reduction. recycling-, and , composting" of solid
28 waste, and recommendations for administrative or
29 legislative actions whieh`'that will inform and educate
30 these parties.
31 (B) A report on " the effectiveness of the public
32 information program required to be implemented
33 pursuant to Chapter 12 (commencing with Section
34 42600) of Part 3, including recommendations on
35 administrative and legislative changes to improve the
36 program.
37 (C) A report on the status and effectiveness of school
38 district source reduction and recycling programs
39 implemented pursuant to Chapter 12.5 (commencing
40 with Section 42620) of Part 3, including
99
ENCLOSURE B
-7- AB 1939
1 recommendations on administrative and legislative
2 changes to improve the program's effectiveness.
.3 (D) A report on the effectiveness of the integrated
4 waste - management educational program and teacher
5 training plan implemented pursuant to Section 42603,
6 including recommendations on administrative and
7 legislative changes which will improve the program.
8 (E) A summary of available and wanted materials, a
9 profile of the participants, and the amount of waste
10 diverted from disposal sites as a result of the California
11- Materials Exchange Program established pursuant to
12 semen (a) a Section 42600.
13 (4) Pursuant to paragraph (4) of subdivision (b), all of
14 the following information:;
15 (A) A review of market - development strategies
16. undertaken, by the board pursuant to this, division to
17 -ensure that markets exist for materials. diverted from solid
18 waste facilities, including recommendations for
19:-administrative and- legislative actions which will promote
20 expansion.. of those markets. The recommendations shall
21 include, but not be limited to. all of the following:
22.: (i) Recommendations. for actions to develop more
23.. direct ' liaisons with private manufacturing industries in
24 the this state to promote increased utilization of recycled
25,. feedstock in manufacturing processes.
26 (ii). Recommendations ,..for actions whieh- that can be
27: taken-, to assist,., local governments in the inclusion of
28 recycling activities in county overall economic
29 development plans.
30 (iii) Recommendations for actions to utilize available
31 financial resources for expansion of recycling industry
32, capacity.
33 (iv) Recommendations to improve state, . local, and
34 private industry product and . material procurement
35 practices.
36 (B) Development and, implementation of a program
37 to assist local agencies in the identification of markets for
38 materials.- that are diverted from disposal facilities
39 through source reduction, recycling, and composting
40 pursuant to Section 40913.
99
ENCLOSURE B
PAGE 7 OF 16
AB 1939 -8-
I (C) A report on the Recycling Market Development
2 Zone Loan Program provided for in
3 Section 429!9) 42023.1, pursuant to subdi,eisien (f) --of
4 Section 4201 42023.5.
5 (D) A report on implementation of the Compost
6 Market Program pursuant to Chapter 5 (commencing
7 with Section 42230) of Part 3.
8 (E) A report on the progress in developing and
9 implementing the comprehensive Market Development
10 Plan, pursuant to Article 2 of Chapter I (commencing
11 with Section 42005) of Part 3.
12 (F) The number of retreaded tires purchased by the
13. Department of General Services during the prior fiscal
14 year pursuant to Section 42414:
15 (G) The results of the study performed in consultation
16 with the . Department - of General Services pursuant to
17 Section 42416 to determine if tire retreads. procured by
18 the department, have met all quality and performance
19 criteria of a new tire, includine any recommendations to
20 expand. revise, or curtail the program.
21 ' (H) The number of recycled lead-acid batteries
22 purchased during the prior fiscal year by the Department
23 of General Services pursuant to Section 42443.
24 (I) A list of established-'price preferences for recycled
25, paper products for' the prior fiscal year pursuant to
26 paragraph (1) of subdivision .(c) of Section 12162 of the
27' " Public Contract Code.
28 (J) A report on the implementation of the white office
29 paper recovery program pursuant to Chapter 10
30 (commencing with Section 42560) of Part 3.
31 (5) Pursuant to paragraph (5) of subdivision (b), both
32 of the following information:
33 (A) A report on the annual audit of the used oil
34 recycling program established pursuant to Chapter 4
35 (commencing with Section 48600) of Part 7.
36 (B) A summary of industrial and lubricating oil sales
37 and recycling rates, the results of programs funded
38 pursuant to Chapter 4 (commencing with Section 48600)
39 of Part 7, recommendations, if any, for statutory changes
40 to the program, including changes in the amounts of the
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1 payment required by Section 48650 and the recycling
2 incentive, and plans for present and future programs to
3 be conducted over the next two years.
4 (6) Pursuant to paragraph (6) of subdivision (b), all of
5 the following information:
6 (A) The development by the board of the model
7 countywide or. regional siting element and model
8 countywide or regional agency integrated waste
9 management plan pursuant to Section 40912, including its
10 effectiveness in assisting local agencies.
11 (B) The adoption by the board of a program to provide
12 assistance to cities. counties, or regional agencies in the
13 development and implementation of source reduction
14 programs pursuant to subdivision (b) of Section 40912.
15 (C) The development by the board of model programs
16 and materials to assist rural counties and cities in
17 . preparing city and county source reduction and recycling
18 elements pursuant to Section 49914 40912.
19 (D) A report on the number of tires that are recycled
20 or otherwise diverted from disposal in landfills or
21 stockpiles.
22 (E) A report on the development and implementation
23. of recommendations, . with proposed implementing
24 regulations, for providing technical assistance to counties
25 and cities that meet. criteria specified in Section 41782, so
26 that those counties and cities will be able to meet the
27 _objectives, of this division. The recommendations shall,
28 among other.. things, address both. of the. following
29 matters:
30 (i) Assistance in developing methods of raising
31 revenue at the local level to fund rural integrated waste
32 management programs.
33 (ii) Assistance in developing alternative methods of
34 source reduction, recycling, and composting of solid
35 waste suitable for rural local governments.
36 (F) A report on the status and implementation of the
37 "Buy Recycled" program established pursuant to
38 subdivision (d) of Section 42600, including the waste
39 collection and recycling programs established pursuant
40 to Sections 12164.5 and 12165 of the Public Contract Code.
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I (G) A report evaluating the accuracy and
2 effectiveness of the disposal reporting system adopted b%-
3 the board pursuant to subdivision (d) of Section 41821.5.
4 and analyzing its impact on cities, counties, and regional
5 agencies' abilir' to meet the requirements of Section
6 41780. The report shall include recommendations
7 developed in partnership with municipalities. nonprofit
8 organizations. and private entities to address any
9 deficiencies in the disposal reporting system.
10 (7) Pursuant to paragraph (7) ' of subdivision (b), a
11 description of sites cleaned up under the Solid Waste
12 Disposal and Codisposal Site Cleanup Program
13 established `"pursuant to -Article 2.5 (commencine with
14 Section 48020) of Chapter-2 of Part 7, a description of
15` remaining sites where there is no responsible parry or the
16 responsible party is' unable or unwilling - to pay for
17 cleanup, and recommendations for any needed
18 leeislative chanees.
19 SEC. 6: Section 41780.1 of the Public Resources Code
20 is amended to read:
21 41780.1.:, :(a) Notwithstanding any other requirement
22 'of this part: for the purposes of determining the amount
23 of solid' waste that -a' regional- agency is required to divert
24 from disposal = or transformation' - ' through - source
25. reduction.;-," recycling, and composting - to'' meet the
26 diversion- requirements of, Section" 41780, the regional
27r agency shall use the solid waste disposal projections in the
28 source reduction and recycling elements of the 'regional
29 agency's member agencies. The method prescribed in
30 Section 41780.2 shall be used to determine the maximum
31 amount of disposal allowable to meet the diversion
32 requirements of Section 41780.
33 (b) Notwithstanding any other requirement of this
34 part, for the purposes of determining the amount of solid
35 waste chat a city or county is required to' divert from
36 disposal or transformation - through source reduction.
37 recycling, and composting to meet the diversion
.38 requirements of Section 41780, the city or county shall use
39 the solid waste disposal projections in the . source
40 reduction and. recycling elements of the city or county.
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1 The method prescribed in Section 41780.2 shall be used to
2 determine the maximum amount of disposal allowable to
3 meet the diversion requirements of Section 41780.
4 (c) To determine achievement of the diversion
5 requirements of Section 41780 in 1995 and in the year
6 2000, projections of disposal amounts from the source
7 reduction and recycling elements shall be adjusted to
8 reflect annual increases or decreases in population and
9 other factors affecting the waste stream, as determined
10 by the board. By January 1, 1994, the board shall study the
11 factors which affect the generation and disposal of solid
12 waste and : shall develop a standard methodology and
13 guidelines to be used by cities, counties, and regional
14 agencies in adjusting disposal projections as required by
15 this'section.
16 (d) The amount of additional , diversion required to be
17 achieved by a- regional agency to . meet the diversion
18 requirements of Section 41780 shall be equal to the sum
19: of the diversion requirements of. its member agencies. To
20 'determine the maximum amount of disposal allowable for
21 . the regional agency- to meet the diversion requirements
22 of Section 41780, % the.. maximum amount. of disposal
23 allowable.. for, each.: member agency shall be added
24- together to yield the agency disposable maximum.
25 (e) For any city, county,' or regional,: agency source
26 reduction " and recycling element submitted- to the board,
s 27 the amount of solid waste that a city. county, or regional
28 agency: is required. to divert to meet the 50 . percent
- 29 diversion : requirement specified in paragraph. (2) of
30 subdivision: (a) of Section 41780 may include solid waste
31 that is diverted using nonburn transformation, if the
32:_ project complies with the requirements of Section 44150,
33 except "that, for, purposes of such a nonburn
34. transformation project's compliance with those
35 requirements, the term "transformation, " as used in
36 Section 44150, includes nonburn transformation.
37 SEC. 7. Section 41783 of the Public Resources Code is
38 amended to read:
39 41783.. Fer Except as provided in subdivision (e) of
40 Section 41780.1, for any. city, county, or regional agency
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AB 1939 -12-
I source reduction and recycling element submitted to the
2 board after January 1. 1995, the 50 percent diversion
3 requirement specified in paragraph (2) of subdivision (a)
4 of Section 41780 may include not more than 10 percent
5 through transformation, as defined in Section 40201, if all
6 of the following conditions are met:
7 (a) The transformation project is in compliance with
8 Sections 21151.1 and 44150 of this code and Section 42315
9 of the Health and Safety Code.
10 (b) The transformation project uses front-end
11 methods or programs to remove all recyclable materials
12 from the waste stream prior to transformation to the
13 maximum extent feasible. -
14 (c) The ash or other residue generated . from the
15,. transformation project is - routinely tested , at least once
16 quarterly, or on a more frequent basis as determined by
17 the agency responsible for regulating the testing and
18 disposal of the ash or residue, and.. notwithstanding
19 Section 251435 of -the- Health and Safety Code. if
20 hazardous wastes are present, the ash or residue is sent to
21 a elass' 1 hazardous waste disposal facility that is classified
22 as - a class 1, landfill in accordance with Chapter. 15
23 (commencing with Section 2510) of Division 3 of Ttle 23
24 of the California Code of Regulations.
25 (d) The'- board holds " a• public hearing- in:. the city,
26` county, "or-'regional agency' jurisdiction withim: which the
27 transformation' project is proposed, and, after the public
28 hearing, the board makes both of the following. Findings,
29 based upon substantial evidence on the record:
30 (1) The city, county, or regional agency is, and will
31 continue to be, effectively implementing all feasible
32 source reduction. recycling, and composting measures.
33 (2) The transformation project will not adversely
34 affect public health and safety or the environment.
35 (e) The transformation facility is permitted and
36 operational on or before January 1, 1995.
37 (f) The city, county, or regional agency does not
38 include biomass conversion, as authorized pursuant to
39 Section 41783, in its source reduction and recycling
40 element.
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1 SEC. S. Section 41825 of the Public Resources Code is
2 amended to read:
3 41825. (a) At least once every two years. the board
4 shall review each city, county, or regional agency source
5 reduction and - recycling element and household
6 hazardous waste element. If, after a public hearing,
7 which, to the extent possible, is held in the local or
8 regional agency's jurisdiction, the board Inds adopts
9 written findings, based on a substantial evidence in the
10 record. that the city,- county, or regional agency has failed
11 to. make a good faith effort, as defined in Section 41850,
12 to: implement its- source- reduction and - recycling element
13 or its. household hazardous waste- element, the board shall
14 issue: an order of compliance' with - a specific schedule for
15 achieving compliance. -The
16 (b) For purposes of 'subdivision:, (a), - a ' cin: county, or
17 regional. agency shall be' deemed io . be implementing its
18 source reduction and recycling element" or household
19 hazardous waste element. if the city.- county; - or regional
20 agency. : has executed those selected'! programs. identified
21, the source ' reduction and recycling element or
22 household hazardous waste element that, is approved by
23 . the-'" board, or suitable- alternative programs mutually
24; agreed upon by. the board and the city- county, or regional
25 . agency..::.
26 (c) A compliance order issued pursuant to - subdivision
27 (a) shalh: include those conditions- ;h hieh that the board
28- determines-, to be- necessary for: the local -agency or
29 regional- - agency. to - complete in order to implement its
30 source.. reduction and recycling element or household
31 hazardous waste element.
32 SEC. 9. Section 41850. of the Public Resources Code is
33 amended to read:
34 41850. (a) Except as specifically provided in Section
35 41813, if, after holding the public hearing and issuing an
36 order of compliance pursuant to Section' 41825, the board
37 finds that the city, county, or regional agency has failed
38 to implement its source reduction and recycling element
39 or its household hazardous waste element, the board may
40 impose administrative civil penalties upon the city or
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AB 1939 -14-
I county or, pursuant to Section 40974, upon the city or
2 county as a member of a regional aeency, of up to ten
3 thousand dollars (SI0,000) per day until the city, county,
4 or regional aeency implements the element.
5 (b) In determining whether or not to impose any
6 penalties, or in determining the amount of any penalties
7 imposed under this section, including any penalties
8 imposed due to the exclusion of solid waste pursuant to
9 Section 41781.2 which results in a reduction in. the
10 quantity of solid waste diverted by a city, county, or
11 regional, . agency, the, board shall consider only those
12 relevant circumstances which have prevented a city,
13 - county, :.:..or regional agency from - meeting : the
14 requirements of this division,-, including:.' the.: diversion
15. requirements of paragraphs (1) and (2). cf. subdivision (a)
16 ofSection 41780,, including, but not limited to, all of the
17 following::.>
18 (1) Natural disasters:
19 (2). Budeetarv.,-conditions. within. a city, county, or
20 , regional- agency. ; which could not - be. remedied by the
211 - imposition or adjustment of solid waste fees.
22,..-: (3). Work:; stoppages.. which: directly -.prevent a city,
23...county,-_or,-regional:•agency, from implementing its source
24 reduction and. recycling element or household . hazardous
, _-25 :,waste element
._26 (4),,The-.impact:::of. the, failure of.. federal, state, • and
27- other local agencies located within the-- jurisdiction' to
28. implement source reduction.. and recycling. programs- in
29 the jurisdiction on the host jurisdiction's ability to meet
30 the requirements of paragraph (2) of subdivision (a) of
31. Section 41780. .
32 (5) The findings and recommendations of the report
33 prepared pursuant to subparagraph .(G) of paragraph (6)
34 of subdivision. (c) of Section 40507 and the impact of the
35 disposal reporting system adopted by the board pursuant
36 to Section 41821.5 on the jurisdiction's ability to meet the
37 requirements of Section 41780.
38 (c) In addition to the factors specified in subdivision
39 (b), the board shall consider all of the following:
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1 (1) (A) The extent to which a city, county, or regional
2 agency has " made good faith efforts to implement its
3 source reduction and ' recycling element or household
4' hazardous waste element.
5 (B) (i) For the purposes of this paragraph, "good faith
6 efforts'' means all reasonable and feasible efforts by a city,
7 county, or regional agency to implement those programs
8 or activities identified in its source reduction and
9 recycling element or household hazardous waste
10 element, or alternative programs or activities that
11 achieve the same or similar results.
12 " (ii) For purposes of this paragraph, "good faith efforts"
13 may also, include the evaluation` by a city, county, or
14- regional agency of improved' technology for the handling
15 and management of solid waste that would reduce costs,
16 improve efficiency - in " the collection, processing, or
17 marketing' of recyclable " materials' or yard waste, and
18= enhance-the"ability of the city, county, or regional agency
19 to: meet- the diversion' requirements of paragraphs (1) and
20 (2) of subdivision' (a)"of: Section 41780, provided that the
21 city, county., . or.: regional,' agency " has submitted a
22 compliance schedule pursuant to Section 41825. and has
23 made all other reasonable and feasible efforts to
24 implement the programs identified in its source
25 reduction and recycling element or household hazardous
26 waste element.'
27 (iii) In determining whether a jurisdiction has made a
28 good faith effort, the board shall consider the
29 enforcement criteria included in its enforcement policy,
30 as adopted on April 25, 1995, of as subsequenti-, afnended.
31 On or before Januarv d, 2001, and on or before January
32 1, annually thereafter, the board, in consultation with
33 local agencies, the solid waste " industry, and nonprofit
34 organizations, shall update the enforcement criteria to
35 reflect any applicable changes in state law.
36 (2) The extent to which a city, county, or regional
37 agency has implemented additional source reduction,
38 recycling, and composting activities to comply with the
39 diversion requirements of paragraphs (1) and (2) of
40 subdivision (a) of Section 41780.
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AB 1939 -16
1 (3) The extent to which a city, county, or regional
2 agency is meeting the diversion requirements of
3 paragraphs (1) and (2) of subdivision (a) of Section
4 41780.
5 (4) Whether the jurisdiction has requested and been
6 granted an extension to the requirements of Section
7 41780, pursuant to Section 41820, or an alternative
8 requirement to Section 41780, pursuant to Section 41785.
9 SEC. 10. Section 42006 of the Public Resources Code
10 is amended to read:
11 42006. (a), The plan required by Section 42005 shall
12 describe and prioritize actions that should be undertaken
13 to mm the goals specified- in subdivision (b) of. Section
14 42005.
15 (b) The board shall review the plan shall-- tee
16 annually and.
17 if necessant update. the plan in response. to changing
18 market factors or actual, changes in secondary waste
19 materials ; markets. The board shall forward the revised
20 plan to the Legislature and to local agencies.
O
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