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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. 99 F 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. 99 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: 99 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 99 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. 99 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 99 F 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. 99 F 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. 99 F 11- AB 1939 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 99 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. 99 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 99 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 is- AB 1939 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. 99 F 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 F 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 -3- AB 2067 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. 99 F 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: 99 -5- AB 2067 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 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 99 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. 99 F -9- AB 2067 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, 99 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 F 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. 99 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 F 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 F 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 99 F ENCLOSURE B -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. 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. 99 ENCLOSURE B PAGE 9 OF 16 AB 1939 - 10 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. 99 ENCLOSURE B -11- AB 1939 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 99 ENCLOSURE B PAGE 11 OF 16 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. 99 ENCLOSURE B -13- AB 1939 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 99 F ENCLOSURE B PAGE 13 OF 16 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: 99 F ENCLOSURE B -15- AB 1939 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. 99 ENCLOSURE B PAGE 15 OF 16 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 99 ENCLOSURE B