BILL NUMBER: SB 928	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 2, 2005

INTRODUCED BY    Senator   Lowenthal
  Senators   Perata   and Lowenthal


                        FEBRUARY 22, 2005

   An act to amend  Section 41780   Sections
41780, 41820.5, and 41820.6 of the Public Resources Code,
relating to solid waste.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 928, as amended,  Lowenthal   Perata 
.  Public resources: solid waste.
    Existing 
    (1)     Existing  law requires a city
or county source reduction element to divert 50% of all solid waste
from landfill disposal or transformation by January 1, 2000, through
source reduction, recycling, and composting activities.
   This bill would change that percentage to an unspecified amount as
of January 1, 2011.  
   (2) Existing law, until January 1, 2006, authorizes the California
Integrated Waste Management Board to grant one or more, single, or
multiyear time extensions for that diversion requirement to any city,
county, or regional agency if certain conditions are met.  

   Under existing law, in addition to that authority to grant an
extension, the board may, after a public hearing, grant a time
extension for that diversion requirement to a city that is
incorporated during a specified time period, if the county within
which the city is located did not include provisions in its
franchises ensuring that the incorporated area would comply with the
diversion requirement.This bill would delete the reference, in the
latter provision, to the additional authority of the board to grant a
time extension that will expire on January 1, 2006.   
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 41780 of the Public Resources Code is amended
to read:
   41780.
   (a) Each city or county source reduction and recycling element
shall include an implementation schedule that shows both of the
following:
   (1) For the initial element, the city or county shall divert 25
percent of all solid waste from landfill disposal or transformation
by January 1, 1995, through source reduction, recycling, and
composting activities.
   (2) Except as provided in Sections 41783, 41784, and 41785, for
the first and each subsequent revision of the element, the city or
county shall divert 50 percent of all solid waste by January 1, 2000,
and ____ percent on and after January 1, 2011, through source
reduction, recycling, and composting activities.
   (b) Nothing in this part prohibits a city or county from
implementing source reduction, recycling, and composting activities
designed to exceed these requirements.
   SEC. 2.    Section 41820.5 of the   Public
Resources Code   is amended to read: 
   41820.5.
   (a)  In addition to its authority under Section 41820, the
  The  board may, after a public hearing, grant a
time extension from the diversion requirements of Section 41780 to a
city if both of the following conditions exist:
   (1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code after January
1, 1990, and before January 1, 2001.
   (2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the diversion requirements of Section 41780.
   (b) The board may authorize a city that meets the requirements of
subdivision (a) to submit a source reduction and recycling element
that includes an implementation schedule that shows both of the
following:
   (1) The city shall divert 25 percent of its estimated generation
amount of solid waste from landfill or transformation facilities
within three years from the date on which the source reduction and
recycling element is due pursuant to subdivision (b) of Section
41791.5, through source reduction, recycling, and composting
activities.
   (2) The city shall divert 50 percent of its estimated generation
amount of solid waste from landfill or transformation facilities
within eight years from the date on which the source reduction and
recycling element is due pursuant to subdivision (b) of Section
41791.5, through source reduction, recycling, and composting
activities.
   SEC. 3.    Section 41820.6 of the   Public
Resources Code  is amended to read: 
   41820.6.
   (a)  In addition to its authority under Section 41820, the
  The  board may, after a public hearing, grant a
time extension from the diversion requirements of Section 41780 to a
city if both of the following conditions exist:
   (1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code on or after
January 1, 2001.
   (2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the diversion requirements of Section 41780.
   (b) The board may authorize a city that meets the requirements of
subdivision (a) to submit a source reduction and recycling element
that includes an implementation schedule that shows that the city
shall divert 50 percent of its estimated generation amount of solid
waste from landfill or transformation facilities, within three years
from the date on which the source reduction and recycling element is
due pursuant to subdivision (b) of Section 41791.5, through source
reduction, recycling, and composting activities.