BILL NUMBER: SB 1542	CHAPTERED
	BILL TEXT

	CHAPTER  1003
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2002
	PASSED THE SENATE  AUGUST 30, 2002
	PASSED THE ASSEMBLY  AUGUST 26, 2002
	AMENDED IN ASSEMBLY  JULY 2, 2002
	AMENDED IN ASSEMBLY  JUNE 19, 2002
	AMENDED IN ASSEMBLY  JUNE 13, 2002
	AMENDED IN SENATE  MAY 20, 2002
	AMENDED IN SENATE  MAY 1, 2002

INTRODUCED BY   Senator Escutia
   (Coauthors:  Senators Ortiz and Romero)
   (Coauthors:  Assembly Members Aroner, Keeley, and Koretz)

                        FEBRUARY 20, 2002

   An act to amend Sections 40912, 41701, and 71114 of the Public
Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1542, Escutia.  Solid waste management:  environmental justice.

   (1) The existing California Integrated Waste Management Act of
1989 requires the California Integrated Waste Management Board to
develop a model countywide or regional siting element and a model
countywide or regional agency integrated waste management plan that
will establish prototypes of the content and format that counties or
regional agencies may use in meeting the requirements of the act.
   This bill would require the board, on or before April 1, 2003, and
using existing resources, to provide local jurisdictions and private
businesses with information and models to assist with consideration
of environmental justice concerns, as defined, when complying with
certain requirements relating to development and revision of
countywide siting elements for solid waste disposal facilities.
   The bill would require that countywide siting elements submitted
or revised on or after January 1, 2003, include a description of the
actions taken by the city or county to solicit public participation
by the affected communities, including, but not limited to, minority
and low-income populations.  To the extent that this requirement
would impose additional duties upon local governments, the bill would
establish a state-mandated local program.
   (2) Existing law requires the Secretary for Environmental
Protection to convene an advisory group to assist a specified working
group established under existing law, by providing recommendations
and information to, and serving as a resource for, the working group.
  The secretary is required to appoint members to the advisory group
according to certain categories.
   This bill would revise the appointment categories to include an
additional representative from a small business, a representative
from a federally recognized Indian tribe, and two representatives
from environmental justice organizations.
  (3) 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 40912 of the Public Resources Code is amended
to read:
   40912.  (a) The board shall develop a model countywide or regional
siting element and a model countywide or regional agency integrated
waste management plan that will establish prototypes of the content
and format that counties or regional agencies may use in meeting the
requirements of this part.
   (b) On or before July 1, 2001, the board shall develop a model
revised source reduction and recycling element that will establish
prototypes of the content and format of that element that cities,
counties, regional agencies, or a city and county may use in meeting
the requirements of this part.
   (c) The board shall adopt a program to provide assistance to
cities, counties, regional agencies, or a city and county in the
development and implementation of source reduction programs.  The
program shall include, but not be limited to, the following:
   (1) The development of model source reduction programs and
strategies that may be used at the local and regional level.
   (2) Ongoing analysis of public and private sector source reduction
programs that may be provided to cities, counties, regional
agencies, and a city and county in order to assist them in complying
with Article 3 (commencing with Section 41050) of Chapter 2 and
Article 3 (commencing with Section 41350) of Chapter 3.
   (3) Assistance to cities, counties, regional agencies, and a city
and county in the development of source reduction programs for
commercial and industrial generators of solid waste that include the
development of source reduction strategies designed for specific
types of commercial and industrial generators.
   (d) The board shall, to the maximum extent feasible, utilizing
existing resources, provide local jurisdictions and private
businesses with information, tools, and mathematical models to assist
with meeting or exceeding the 50-percent diversion requirement
pursuant to Section 41780.  The board shall act as a solid waste
information clearinghouse.
   (e) (1) On or before April 1, 2003, and using existing resources,
the board shall provide local jurisdictions and private businesses
with information and models to assist with consideration of
environmental justice concerns when complying with Section 41701.
   (2) For the purposes of this subdivision, "environmental justice"
has the meaning defined in subdivision (e) of Section 65040.12 of the
Government Code.
  SEC. 2.  Section 41701 of the Public Resources Code is amended to
read:
   41701.  Each countywide siting element and revision thereto shall
include, but is not limited to, all of the following:
   (a) A statement of goals and policies for the environmentally safe
transformation or disposal of solid waste that cannot be reduced,
recycled, or composted.
   (b) An estimate of the total transformation or disposal capacity
in cubic yards that will be needed for a 15-year period to safely
handle solid wastes generated with the county that cannot be reduced,
recycled, or composted.
   (c) The remaining combined capacity of existing solid waste
transformation or disposal facilities existing at the time of the
preparation of the siting element, or revision thereto, in cubic
yards and years.
   (d) The identification of an area or areas for the location of new
solid waste transformation or disposal facilities, or the expansion
of existing facilities, that are consistent with the applicable city
or county general plan, if the county determines that existing
capacity will be exhausted within 15 years or additional capacity is
desired.
   (e) For countywide elements submitted or revised on or after
January 1, 2003, a description of the actions taken by the city or
county to solicit public participation by the affected communities,
including, but not limited to, minority and low-income populations.

  SEC. 3.  Section 71114 of the Public Resources Code is amended to
read:
   71114.  (a) The Secretary for Environmental Protection shall, on
or before January 1, 2002, convene an advisory group to assist the
working group described in Section 71113 by providing recommendations
and information to, and serving as a resource for, the working
group.  The Secretary for Environmental Protection shall appoint
members to the advisory group according to the following categories:

   (1) Two representatives of local or regional land use planning
agencies.
   (2) Two representatives from air pollution control districts or
air quality management districts.
   (3) Two representatives from certified unified program agencies
(CUPAs).
   (4) Two representatives from environmental organizations.
   (5) Four representatives from the business community, two from a
small business and two from a large business, except that three of
these representatives may be from an association that represents
small or large businesses, and at least one of the small business
representatives shall be from an association that represents small
businesses.  As used in this paragraph, "small business" has the
meaning given that term by subdivision (c) of Section 1028.5 of the
Code of Civil Procedure, and a large business is any business other
than a small business.
   (6) Two representatives from community organizations.
   (7) One representative from a federally recognized Indian tribe.
   (8) Two representatives from environmental justice organizations.

   (b) The advisory group may form subcommittees to address specific
types of environmental program areas.  The California Environmental
Protection Agency shall provide a reasonable per diem for attendance
at advisory committee meetings by advisory committee members from
nonprofit organizations.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.