BILL NUMBER: AB 2308 CHAPTERED
BILL TEXT
CHAPTER 993
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002
APPROVED BY GOVERNOR SEPTEMBER 27, 2002
PASSED THE ASSEMBLY AUGUST 30, 2002
PASSED THE SENATE AUGUST 28, 2002
AMENDED IN SENATE AUGUST 22, 2002
AMENDED IN SENATE AUGUST 5, 2002
AMENDED IN ASSEMBLY MAY 14, 2002
AMENDED IN ASSEMBLY APRIL 29, 2002
INTRODUCED BY Assembly Member Chavez
(Coauthors: Assembly Members Calderon, Chu, Correa, Daucher,
Firebaugh, and Koretz)
FEBRUARY 21, 2002
An act to add and repeal Section 41821.3 of the Public Resources
Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2308, Chavez. Solid waste: inert waste.
(1) The 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 county and city and county to prepare and submit to the board a
countywide integrated waste management plan that includes, among
other things, all city source reduction and recycling elements
submitted to the county and the county's source reduction and
recycling element. Each city or county source reduction and
recycling element is required to include an implementation schedule
that shows, among other things, a goal to divert 50% of all solid
waste through source reduction, recycling, and composting activities.
Existing law requires a city, county, or regional agency to submit
an annual report to the board summarizing its progress in diverting
solid waste from disposal.
This bill would require a jurisdiction, as defined, to deduct,
from the amount of disposed waste that is required to be included in
that annual report submitted to the board, inert waste removed from
the solid waste stream and not disposed of in a solid waste landfill
in accordance with specified requirements, commencing with the report
submitted for the year 2001. The bill would require a jurisdiction
to make a specified identification in its annual report. The bill
would require the board to verify whether the deduction is consistent
with specified requirements and would require the board to approve
the deduction made by the jurisdiction upon making this verification.
The bill would specify a procedure if the board does not approve
the deduction. The bill would impose a state-mandated local program
by imposing new requirements upon local agencies with regard to the
annual solid waste diversion report.
The bill would also specify procedures for a jurisdiction
regarding the deduction of tonnage from a jurisdiction's base-year.
These provisions would be repealed on the January 1 following the
operative date of any regulation adopted by the board that meets
specified requirements.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41821.3 is added to the Public Resources Code,
to read:
41821.3. (a) For the purposes of this section the following
definitions shall apply:
(1) "Inert waste" means only rock, concrete, brick, sand, soil,
ceramics, and cured asphalt. "Inert waste" does not include any
waste that meets the definition of "designated waste," as defined in
Section 13173 of the Water Code, or "hazardous waste" as defined in
Section 40141.
(2) "Inert waste removed from the solid waste stream and not
disposed of in a solid waste landfill" means the use or placement of
inert waste on property where surface mining operations, as defined
in Section 2735, are being conducted, or have been conducted
previously, if the use or placement is for purposes of reclamation,
as defined in Section 2733, pursuant to either of the following:
(A) A reclamation plan approved under Section 2774.
(B) For surface mining operations conducted prior to January 1,
1976, an agreement with a city or county, or a permit issued by a
city or county, that provides for a fill appropriately engineered for
the planned future use of the reclaimed mine site.
(3) "Jurisdiction" means a city, county, or regional agency.
(b) A jurisdiction shall deduct, from the amount of disposed waste
that is required to be included in the annual report submitted to
the board pursuant to subdivision (b) of Section 41821, inert waste
removed from the solid waste stream and not disposed of in a solid
waste landfill, as defined in paragraph (2) of subdivision (a). A
jurisdiction shall deduct this inert waste only in accordance with
the procedures specified in subdivisions (c) to (e), inclusive,
commencing with the report submitted by the jurisdiction to the board
for the year 2001.
(c) (1) A jurisdiction shall deduct inert waste pursuant to
subdivision (b) from its reported disposal tonnage for the year 2001,
and shall identify, in the jurisdiction's annual report, that the
deduction is being made pursuant to this section and the exact amount
of the deduction.
(2) The board shall verify that the deduction made pursuant to
paragraph (1) is consistent with the requirements of this section and
the amount deducted is consistent with the amount reported through
the board's disposal reporting system. The board shall approve the
deduction made by the jurisdiction upon making this verification.
(3) If the board finds that the amount deducted pursuant to
paragraph (1) does not meet the requirements of this section, or if
the amount deducted is not consistent with the amount reported
through the board's disposal reporting system, the board shall notify
the jurisdiction of its preliminary determination and confer with
representatives of the jurisdiction to reach an agreement regarding
the amount of the deduction. If the jurisdiction agrees upon the
amount of the deduction, the board shall approve the deduction as
modified. If the board and the jurisdiction are unable to reach
agreement upon the amount of the deduction, the jurisdiction may
request a hearing before the board to obtain a final determination.
(d) (1) A jurisdiction shall deduct tonnage from its base-year
disposal in an amount equal to the amount deducted from the
jurisdiction's 2001 disposal tonnage pursuant to this section. The
jurisdiction shall not deduct an amount from its base-year disposal
tonnage that is greater than the amount of disposed inert waste that
was included in its most recent board-approved revised base-year
approved by the board.
(2) The board shall verify that the base-year deduction made
pursuant to paragraph (1) is consistent with the requirements of this
section. The board shall approve the revised base-year disposal
tonnage upon making this verification.
(3) If the board finds that the base-year deduction requested
pursuant to paragraph (1) is not consistent with the requirements of
this section, the board shall notify the jurisdiction of its
preliminary determination and confer with representatives of the
jurisdiction in order to reach agreement regarding the amount of the
deduction. If the jurisdiction agrees upon the amount of the
deduction, the board shall approve the revised base-year disposal
tonnage accordingly. If the board and the jurisdiction are unable to
reach agreement upon the amount of the deduction, the jurisdiction
may request a hearing before the board to obtain a final
determination.
(e) (1) A jurisdiction shall deduct all inert waste from its
reported disposal tonnage in all of its annual reports for all
subsequent years. The board shall verify this deduction pursuant to
paragraphs (2) and (3) of subdivision (c).
(2) If the board approves the jurisdiction's revised base-year
disposal tonnage pursuant to subdivision (d), the revised base year
disposal tonnage shall not be subsequently revised for inert waste
under this section.
(f) This section does not limit the authority of the board to
require any facility that uses or places inert material on property
where surface mining operations are being conducted, or have been
conducted previously, to report to the board on the quantities of
inert material used or placed on the property for the purpose of
reclamation.
(g) It is the intent of the Legislature that a city, county, or
regional agency not be required to revise its source reduction and
recycling element to comply with this section unless the city,
county, or regional agency elects to implement this section as
authorized by this section.
(h) This section shall become inoperative on the operative date of
any regulation adopted by the board relating to "inert waste removed
from the solid waste stream and not disposed of in a solid waste
landfill," as defined in paragraph (2) of subdivision (a), if that
regulation includes procedures to facilitate the counting of the
inert waste for purposes of the disposal reporting system established
under Section 41821.5 when that inert waste is placed in a mine
reclamation facility as fill material, and, as of January 1
immediately following that operative date, is repealed, unless a
later enacted statute that is enacted before that January 1 deletes
or extends the dates on which it becomes inoperative and is repealed.