BILL NUMBER: SB 1374 CHAPTERED
BILL TEXT
CHAPTER 501
FILED WITH SECRETARY OF STATE SEPTEMBER 12, 2002
APPROVED BY GOVERNOR SEPTEMBER 12, 2002
PASSED THE SENATE AUGUST 20, 2002
PASSED THE ASSEMBLY AUGUST 19, 2002
AMENDED IN ASSEMBLY AUGUST 15, 2002
AMENDED IN ASSEMBLY AUGUST 1, 2002
AMENDED IN ASSEMBLY JUNE 19, 2002
AMENDED IN ASSEMBLY JUNE 4, 2002
AMENDED IN SENATE APRIL 18, 2002
AMENDED IN SENATE APRIL 16, 2002
INTRODUCED BY Senator Kuehl
FEBRUARY 8, 2002
An act to amend Sections 41821 and 41850 of, and to add Section
42912 to, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1374, Kuehl. Solid waste: construction and demolition waste
materials: diversion requirements: model ordinance.
(1) Existing law, the California Integrated Waste Management Act
of 1989, which is administered by the California Integrated Waste
Management Board, establishes an integrated waste management program.
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. The report is required to include, among
other things, specified information relevant to compliance with the
solid waste diversion requirements.
This bill would additionally require that the report include a
summary of progress made in diversion of construction and demolition
waste materials, including information on programs and ordinances
implemented by the local government and quantitative data, where
available. By imposing new requirements on local agencies with
respect to reporting requirements under the act, the bill would
impose a state-mandated local program.
(2) Existing law requires the board to adopt a model ordinance for
adoption by any local agency relating to adequate areas for
collecting and loading recyclable materials in development projects.
The board is required to develop the model ordinance in consultation
with the League of California Cities, the County Supervisors
Association of California, and certain other interested parties and
to distribute the draft model ordinance to all local agencies and
other interested parties for review. Local agencies are required to
adopt an ordinance, not later than a specified date, relating to
adequate areas for collecting and loading recyclable materials in
development projects. If a local agency has not adopted that
ordinance by the specified date, the model ordinance adopted by the
board is required to take effect on that date and be enforced by the
local agency and have the same force and effect as if adopted by the
local agency as an ordinance.
This bill would require the board, not later than March 1, 2004,
after holding a public hearing, to adopt one or more model ordinances
suitable for modification by any local agency, that the agency may
adopt that will require a range of diversion rates of construction
and demolition waste materials from landfills from 50 to 75%, as
determined by the board. The bill would also require the board on or
before that date to consult with representatives of the League of
California Cities, the California State Association of Counties,
private and public waste services, and building construction and
management personnel throughout the development of the model
ordinances, and to fulfill various other requirements relating to
reporting and posting information on the board's Internet Web site.
(3) Existing law requires the board, in determining whether or not
to impose any penalties on a city, county, or city and county for
violations of specified solid waste reduction and recycling
requirements imposed by the act, to consider whether the jurisdiction
has made a good faith effort to implement its source reduction and
recycling element or its household hazardous waste element.
This bill would also require the board, in determining those
penalties, to consider whether a local jurisdiction has provided
information to the board concerning whether construction and
demolition waste material is at least a moderately significant
portion of the waste stream, and, if so, whether the local
jurisdiction has adopted an ordinance for diversion of construction
and demolition waste materials from solid waste disposal facilities,
has adopted a model ordinance for diversion of construction and
demolition waste materials from solid waste disposal facilities, or
has implemented another program to encourage or require diversion of
construction and demolition waste materials from solid waste disposal
facilities.
(4) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41821 of the Public Resources Code is amended
to read:
41821. (a) (1) Each year following the board's approval of a
city, county, or regional agency's source reduction and recycling
element, household hazardous waste element, and nondisposal facility
element, the city, county, or regional agency shall submit a report
to the board summarizing its progress in reducing solid waste as
required by Section 41780.
(2) The annual report shall be due on or before August 1 of the
year following board approval of the source reduction and recycling
element, the household hazardous waste element, and the nondisposal
facility element, and on or before August 1 in each subsequent year.
The information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
(b) Each jurisdiction's annual report to the board shall, at a
minimum, include the following:
(1) Calculations of annual disposal reduction.
(2) Information on the changes in waste generated or disposed of
due to increases or decreases in population, economics, or other
factors in complying with subdivision (c) of Section 41780.1.
(3) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element. The city, county, or regional agency may also include
information about existing and new programs it is implementing that
are not part of the original or modified source reduction and
recycling element adopted by the jurisdiction and approved by the
board to achieve the diversion requirements of Section 41780.
(4) A summary of progress made in diversion of construction and
demolition of waste material, including information on programs and
ordinances implemented by the local government and quantitative data,
where available.
(5) If the jurisdiction has been granted a time extension by the
board pursuant to Section 41820, the jurisdiction shall include a
summary of progress made in meeting the source reduction and
recycling element implementation schedule pursuant to paragraph (2)
of subdivision (a) of Section 41780 and complying with the
jurisdiction's plan of correction, prior to the expiration of the
time extension.
(6) If the jurisdiction has been granted an alternative source
reduction, recycling, and composting requirement pursuant to Section
41785, the jurisdiction shall include a summary of progress made
towards meeting the alternative requirement as well as an explanation
of current circumstances that support the continuation of the
alternative requirement.
(7) Other information relevant to compliance with Section 41780.
(c) A jurisdiction may also include, in the report required by
this section, all of the following:
(1) Any factor that the jurisdiction believes would affect the
accuracy of the estimated waste disposal reduction calculation
provided in the report pursuant to paragraph (1) of subdivision (b)
to accurately reflect the changes in the amount of solid waste that
is actually disposed. The jurisdiction may include, but is not
limited to including, all of the following factors:
(A) Whether the jurisdiction hosts a solid waste facility.
(B) The effects of self-hauled waste and construction and
demolition waste.
(C) The original or subsequent base year calculation, the amount
of orphan waste, and the waste disposal reduction adjustment
methodology.
(2) Information regarding the programs the jurisdiction is
undertaking to respond to the factors specified in paragraph (1), and
why it is not feasible to implement programs to respond to other
factors that affect the amount of waste that is disposed.
(3) An estimate that the jurisdiction believes reflects that
jurisdiction's annual reduction or increase in the disposal of solid
waste.
(d) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the jurisdiction's
source reduction and recycling element needs to be revised.
(e) (1) The board shall adopt procedures for requiring additional
information in a jurisdiction's annual report. The procedures shall
require the board to notify a jurisdiction of any additional required
information no later than 120 days after the board receives the
report from the jurisdiction.
(2) Paragraph (1) does not prohibit the board from making
additional requests for information in a timely manner. A
jurisdiction receiving a request for information shall respond in a
timely manner.
(f) The board shall adopt procedures for conferring with a
jurisdiction regarding the implementation of a diversion program or
changes to a jurisdiction's calculation of its annual disposal
reduction.
SEC. 2. Section 41850 of the Public Resources Code is amended to
read:
41850. (a) Except as specifically provided in Section 41813, if,
after holding the public hearing and issuing an order of compliance
pursuant to Section 41825, the board finds that the city, county, or
regional agency has failed to make a good faith effort to implement
its source reduction and recycling element or its household hazardous
waste element, the board may impose administrative civil penalties
upon the city or county or, pursuant to Section 40974, upon the city
or county as a member of a regional agency, of up to ten thousand
dollars ($10,000) per day until the city, county, or regional agency
implements the element.
(b) In determining whether or not to impose any penalties, or in
determining the amount of any penalties imposed under this section,
including any penalties imposed due to the exclusion of solid waste
pursuant to Section 41781.2 that results in a reduction in the
quantity of solid waste diverted by a city, county, or regional
agency, the board shall consider whether the jurisdiction has made a
good faith effort to implement its source reduction and recycling
element or its household hazardous waste element. In addition, the
board shall consider only those relevant circumstances that have
prevented a city, county, or regional agency from meeting the
requirements of this division, including the diversion requirements
of paragraphs (1) and (2) of subdivision (a) of Section 41780,
including, but not limited to, all of the following:
(1) Natural disasters.
(2) Budgetary conditions within a city, county, or regional agency
that could not be remedied by the imposition or adjustment of solid
waste fees.
(3) Work stoppages that directly prevent a city, county, or
regional agency from implementing its source reduction and recycling
element or household hazardous waste element.
(4) The impact of the failure of federal, state, and other local
agencies located within the jurisdiction to implement source
reduction and recycling programs in the jurisdiction on the host
jurisdiction's ability to meet the requirements of paragraph (2) of
subdivision (a) of Section 41780.
(c) In addition to the factors specified in subdivision (b), the
board shall consider all of the following:
(1) The extent to which a city, county, or regional agency has
implemented additional source reduction, recycling, and composting
activities to comply with the diversion requirements of paragraphs
(1) and (2) of subdivision (a) of Section 41780.
(2) The extent to which a city, county, or regional agency is
meeting the diversion requirements of paragraphs (1) and (2) of
subdivision (a) of Section 41780.
(3) Whether the jurisdiction has requested and been granted an
extension to the requirements of Section 41780, pursuant to Section
41820, or an alternative requirement to Section 41780, pursuant to
Section 41785.
(4) Whether a local jurisdiction has provided information to the
board concerning whether construction and demolition waste material
is at least a moderately significant portion of the waste stream,
and, if so, whether the local jurisdiction has adopted an ordinance
for diversion of construction and demolition waste materials from
solid waste disposal facilities, has adopted a model ordinance
pursuant to subdivision (a) of Section 42912 for diversion of
construction and demolition waste materials from solid waste disposal
facilities, or has implemented another program to encourage or
require diversion of construction and demolition waste materials from
solid waste disposal facilities.
(d) (1) For the purposes of this section, "good faith effort"
means all reasonable and feasible efforts by a city, county, or
regional agency to implement those programs or activities identified
in its source reduction and recycling element or household hazardous
waste element, or alternative programs or activities that achieve the
same or similar results.
(2) For purposes of this section "good faith effort" may also
include the evaluation by a city, county, or regional agency of
improved technology for the handling and management of solid waste
that would reduce costs, improve efficiency in the collection,
processing, or marketing of recyclable materials or yard waste, and
enhance the ability of the city, county, or regional agency to meet
the diversion requirements of paragraphs (1) and (2) of subdivision
(a) of Section 41780, provided that the city, county, or regional
agency has submitted a compliance schedule pursuant to Section 41825,
and has made all other reasonable and feasible efforts to implement
the programs identified in its source reduction and recycling element
or household hazardous waste element.
(3) In determining whether a jurisdiction has made a good faith
effort, the board shall consider the enforcement criteria included in
its enforcement policy, as adopted on April 25, 1995, or as
subsequently amended.
SEC. 3. Section 42912 is added to the Public Resources Code, to
read:
42912. (a) Not later than March 1, 2004, after holding a public
hearing, the board shall do all of the following:
(1) Adopt one or more model ordinances, suitable for modification
by a local agency, that the local agency may adopt that will require
a range of diversion rates of construction and demolition waste
materials from 50 to 75 percent, as determined by the board, and as
measured by weight.
(2) Consult with representatives of the League of California
Cities, the California State Association of Counties, private and
public waste services and building construction materials industry
and construction management personnel throughout the development of
the model ordinances.
(3) Compile a report on programs, other than a model ordinance,
that local governments and general contractors can implement to
increase diversion of construction and demolition waste materials.
(4) Post on the board's Internet Web site, a report for general
contractors on methods by which contractors can increase diversion of
construction and demolition waste materials.
(5) Post on the board's Internet Web site, a report for local
governments with suggestions of programs, in addition to adoption of
the model ordinance, to increase diversion of construction and
demolition waste materials.
(b) Not later than January 1, 2004, the board shall distribute the
draft model ordinance to all local agencies and other interested
parties for review. Any comments shall be submitted to the board by
February 1, 2004, for consideration at the public hearing of the
board to adopt the ordinance.
SEC. 4. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.