CC - Item 4B - Senate Bill 1778•
City of Rosemead
Agenda Report
TO: MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAGER(if
DATE: MAY 9, 2006
SUBJECT: SENATE BILL 1778
SUMMARY
On April 26, 2006, the County Sanitation Districts of Los Angeles County sent the City a letter
(Attachment A) requesting that Rosemead go on the record in opposition to Senate Bill (SB) 1778 by
Senator Richard Alarcon. A copy of the legislation is included for your review as Attachment B.
Staff Recommendation
Staff recommends that the City Council take the following action:
1. Vote to oppose SB 1778.
2. Direct the City Manager to send a letter to each member of the Senate Appropriations Committee
stating the City's opposition to SB 1778.
ANALYSIS
SB 1778 seeks to eliminate the diversion credit cities currently receive for recycling green waste
materials. If approved, the legislation would make meeting the State mandated 50% solid waste
diversion rate extremely taxing for all municipalities.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
STAFF RECOMMENDATION
Staff recommends that the City Council take the following action:
1. Vote to oppose SB 1778.
2. Direct the City Manager to send a letter to each member of the Senate Appropriations Committee
stating the City's opposition to SB 1778.
ALTERNATIVES TO STAFF RECOMMENDATION
In addition to the staff recommendation, there are the following alternatives for the City Council's
consideration:
1. Request additional information.
2. Take no action.
Prepared by:
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Oliver Chi
Director of Administrative Services
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ATTACHMENT A
WATEP
DECLAMATION
COUNTY SANITATION DISTRICTS
OF LOS ANGELES COUNTY
1955 Workman Mill Road, Whittier, CA 90601.1400
Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998
Telephone: (562) 699-7411, FAX: (562) 699.5422
www.ic3csd.org
April 26, 2006
Boards of Directors
County Sanitation Districts
of Los Angeles County
Dear Directors:
Senate Bill 1778 (Alarcon) - Oppose Position
JAMES F. STAHI
Chief Engineer and General Manager
At the April 2006 Board meetings, the Directors were briefed on Senate Bill (SB) 1778 by Senator
Richard Alarcon. SB 1778 would place restrictions on the recycling of green waste materials as alternative
daily cover (ADC) at landfills by eliminating the diversion credit for cities currently allowed for green
materials used as ADC. Most cities, as well as the County, provide source-separated green waste for ADC,
and, as of 2004, approximately half of the local jurisdictions in Los Angeles County reached 10 percent% of
their diversion through the recycling of green waste as ADC (and some relied on it for much more of their
diversion). Thus, the continuation of this program is very important for cities and counties to be able to meet
the 50% solid waste diversion mandate of Assembly Bill (AB) 939. Landfill ADC provides a reliable,
consistent and cost-effective market for green waste, and no viable alternative processing capacity or end-use
market exists.
SB 1778 is very similar to the now-dead SB 411 (Alarcon), which also would have eliminated
diversion credit for green waste ADC, but which was held in the Senate Appropriations Committee earlier in
2006. In addition to adoption of a Resolution in opposition to SB 411 in January and February 2006, at the
April Board meetings, the Boards have adopted a Resolution in support of the continuation of AB 939
Diversion Credit for Use of Green Waste as Alternative Daily Cover at Landfills (copy attached) to be used in
opposition to SB 1778.
Despite opposition by the Sanitation Districts, the League of California Cities, the California State
Association of Counties, and a number of solid waste management companies and trade associations, SB 1778
was passed by the Senate Environmental Quality Committee on April 24, 2006. SB 1778 now heads for the
Senate Appropriations Committee, which will hear the bill some time in May. I strongly urge all concerned
cities send letters to the Senate Appropriations Committee and urge the members to vote "no" on SB 1778.
Attached for your reference are the copy of the bill, a sample opposition letter, a fact sheet on SB 1778, and a
roster of the members of the Senate Appropriations Committee. If you have questions, please call Steve
Maguin or me at (562) 699-7411.
Very truly yours,
James R Stahl
JFS:sng
Enclosures
cc: City Managers/City Administrators
0 Recycled Paper
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ATTACHMENT B
AMENDED IN SENATE MAY 1, 2006
AMENDED IN SENATE APRIL 4, 2006
SENATE BILL
No. 1778
Introduced by Senator Alarcon
February 24, 2006
An act to amend Section 41781.3 of, and to add Seetion 41:78
the Public Resources Code, and to repeal Section I of Chapter 978 of
the Statutes of 1996, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1778, as amended, Alarcon. Solid waste: alternative daily
cover,: compost.
(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. Under existing law, 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.
On and after January I, 2000, the element is required to divert 50%
of the solid waste subject to the element; from landfill disposal or
transformation through source reduction, recycling, and composting
activities, except as specified. Existing law provides that the use of
solid waste for beneficial reuse in the construction and operation of a
solid waste landfill, including use of alternative daily cover, is
diversion and not disposal for purposes of that requirement.
This bill would instead require that, if the alternative daily cover is
comprised of woody and green material, as the bill would define that
term, that material not to be considered as being diverted and to be
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included in the amount of solid waste that is subject to disposal for
purposes of the diversion requirements of the act, thereby imposing a
state-mandated local program by imposing new duties upon local
agencies.
The bill would require the board to develop a schedule for excluding
solid waste that is used as an alternative daily cover and comprised of
woody and green material from being included in meeting the
diversion requirements of the act. The bill would require the board, on
or before January 1, 2010, to adopt or revise regulations that establish
conditions for the use of alternative daily cover, as specified. The bill
would prohibit the schedule from commencing prior to the board's
adoption or revision of those regulations.
The bill also would repeal legislative findings pertaining to
diversion, landfill cover materials, and green materials.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
I SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) Californians create nearly 2,900 pounds, or nearly one and
4 one-half tons, of household garbage and industrial waste each
5 and every second, which is a total of 45 million tons of waste per
6 year.
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(b) Until recently, the only place to put that trash was in local
landfills. Today, however, waste and its byproducts are being
recycled into more useful products.
(c) At the present time, the amount of green materials
generated in California is in excess of the quantity that existing
markets can absorb. It is thus in the interests of the state to
encourage the expansion of markets for green materials.
(d) It is the intent of the Legislature that the California
Integrated Waste Management Board, and other state agencies,
continue their efforts to promote the expansion of compost and
other markets.
SEC. 2. Section 41781.3 of the Public Resources Code is
amended to read:
41781.3. (a) (1) The use of solid waste for beneficial reuse
in the construction and operation of a solid waste landfill,
including the use of alternative daily cover that is not comprised
of woody and green material and that reduces or eliminates the
amount of solid waste being disposed, for purposes of Section
40124, shall constitute diversion through recycling and shall not
be considered disposal for the purposes of this division.
(2) If the alternative daily cover is comprised of woody and
green material, that material shall not be considered as being
diverted, as defined in Section 40124, and shall be included in
determining the amount of solid waste that is subject to disposal
for purposes of this division, in accordance with a schedule
adopted pursuant to subdivision (b).
(b) The board shall adopt a schedule for excluding solid waste
that is used as an alternative daily cover and is comprised of
woody and green material from being included in meeting the
diversion requirements of this division. The schedule shall not
commence prior to adoption or revision of regulations pursuant
to subdivision (c).
(c) On or before January 1, 2010, the board shall adopt or
revise regulations that establish conditions for the use of
alternative daily cover that are consistent with this division. In
adopting or revising the regulations, the board shall consider, but
is not limited to, all of the following criteria:
(1) Those conditions established in past policies adopted by
the board affecting the use of alternative daily cover.
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(2) Those conditions necessary to provide for the continued
economic development, economic viability, and employment
opportunities provided by the composting industry in the state.
(3) Those performance standards and limitations on maximum
functional thickness necessary to ensure protection of public
health and safety consistent with state minimum standards.
(d) In adopting regulations pursuant to this section, Section
40124, and this division, including, but not limited to, Part 2
(commencing with Section 40900), the board shall provide
guidance to local enforcement agencies on any conditions and
restrictions on the utilization of alternative daily cover so as to
ensure proper enforcement of those rules and regulations.
(e) For the purposes of this section, "woody and green
material" means plant material that is either separated at the point
of generation or separated at a centralized facility that employs
methods to minimize contamination. Woody and green material
includes, but is not limited to, yard trimmings, untreated wood
waste, paper products, and natural fiber products. Woody and
green material does not include treated wood waste, mixed
demolition or mixed construction debris, or manure and plant
waste from the food processing industry, alone or blended with
soil. Woody and green material may include varying proportions
of wood waste from urban and other sources.
41:781.4. The beaid shall adopt regulations to establish -a
market development eedit adjustment fiteten The marke
board shall > things,
whether the eernpost is.
le
SEE-
SEC. 3. Section 1 of Chapter 978 of the Statutes of 1996 is
repealed.
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1 SEE. 5..
2 SEC. 4. No reimbursement is required by this act pursuant to
3 Section 6 of Article XIII B of the California Constitution because
4 a local agency or school district has the authority to levy service
5 charges, fees, or assessments sufficient to pay for the program or
6 level of service mandated by this act, within the meaning of
7 Section 17556 of the Government Code.
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