BILL NUMBER: AB 1126 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE AUGUST 30, 2013
AMENDED IN SENATE AUGUST 14, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN SENATE JUNE 19, 2013
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY APRIL 18, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Members Gordon and Mullin
(Principal coauthor: Assembly Member Wilk)
FEBRUARY 22, 2013
An act to amend Sections 40121, 40180, 40192, 40194, 40200, 40201,
41700, 41721, 41780.05, 41781, and 50001 of, and to add Section
40131.2 to, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1126, Gordon. Solid waste: engineered municipal solid waste
(EMSW) conversion.
(1) The California Integrated Waste Management Act of 1989 (act),
which is administered by the Department of Resources Recycling and
Recovery, requires each city, county, and regional agency, if any, to
develop a source reduction and recycling element of an integrated
waste management plan. With certain exceptions, the source reduction
and recycling element of that plan is required to divert 50% of all
solid waste, through source reduction, recycling, and composting
activities. Existing law allows the 50% diversion requirement to
include, pursuant to specified conditions, not more than 10% through
biomass conversion, which is defined as the controlled combustion of
specific materials for use in producing electricity or heat. Existing
law defines the term "transformation" and excludes from that
definition composting, gasification, and biomass conversion.
This bill would define the terms "EMSW conversion" and "EMSW
conversion facility," and would make conforming changes to existing
definitions with regard to those operations and facilities. The bill
would additionally exclude EMSW conversion from the definition of
transformation, and would allow a transformation facility that meets
specified requirements relating to EMSW conversion to elect to be
considered an EMSW facility for purposes of the act, except as
provided.
(2) The act requires the integrated waste management plan required
to be adopted by a county to include a countywide siting element
that provides a description of the areas to be used for the
development of certain facilities. The act excludes certain solid
wastes, for purposes of determining the base rate for the diversion
of solid waste, and requires that the amount of solid waste diverted
include solid waste diverted from a disposal facility or
transformation facility. Existing law requires the department to
determine compliance with the act's 50% diversion requirement, based
on the jurisdiction's change in its per capita disposal rate and
specifies the procedure for determining that rate.
This bill would require the countywide siting element to include a
description of the areas to be used for the development of adequate
EMSW conversion, thereby imposing a state-mandated local program by
imposing new duties upon local agencies.
This bill would additionally exclude certain used tires or waste
tires or biomass materials that are converted at an EMSW conversion
facility from the per capita disposal determination and would
require, for purposes of the solid waste calculation used in the base
rate determination, the amount of solid waste to include solid waste
diverted from an EMSW conversion facility.
(3) Existing law prohibits a person from establishing or expanding
a solid waste facility in a county, after a countywide or regional
agency integrated waste management plan has been approved, unless the
solid waste facility is, among other things, a disposal facility or
a transformation facility that meets certain criteria.
This bill would additionally include, as one of those facilities,
an EMSW conversion facility.
(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.
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 40121 of the Public Resources Code is amended
to read:
40121. "Disposal facility" or "facility" means a facility or
location where disposal of solid waste occurs or an EMSW conversion
facility.
SEC. 2. Section 40131.2 is added to the Public Resources Code, to
read:
40131.2. (a) "Engineered municipal solid waste conversion" or
"EMSW conversion" means the conversion of solid waste through a
process that meets all of the following requirements:
(1) The waste to be converted is beneficial and effective in that
it replaces or supplements the use of fossil fuels.
(2) The waste to be converted, the resulting ash, and any other
products of conversion do not meet the criteria or guidelines for the
identification of a hazardous waste adopted by the Department of
Toxic Substances Control pursuant to Section 25141 of the Health and
Safety Code.
(3) The conversion is efficient and maximizes the net calorific
value and burn rate of the waste.
(4) The waste to be converted contains less than 25 percent
moisture and less than 25 percent noncombustible waste.
(5) The waste received at the facility for conversion is handled
in compliance with the requirements for the handling of solid waste
imposed pursuant to this division, and no more than a seven-day
supply of that waste, based on the throughput capacity of the
operation or facility, is stored at the facility at any one time.
(6) No more than 500 tons per day of waste is converted at the
facility where the operation takes place.
(7) The waste has an energy content equal to, or greater than,
5,000 BTU per pound.
(8) The waste to be converted is mechanically processed at a
transfer or processing station to reduce the fraction of chlorinated
plastics and materials.
(b) "Engineered municipal solid waste conversion facility" or
"EMSW facility" means a facility where municipal solid waste
conversion that meets the requirements of subdivision (a) takes
place.
(c) Notwithstanding Section 40201, a transformation facility where
solid waste conversion takes place that meets all of the
requirements of subdivision (a) may elect to be considered an EMSW
facility for purposes of this division and Division 31 (commencing
with Section 50000), except that if a portion of a transformation
facility's operations does not meet the requirements of subdivision
(a), the facility shall be considered to be a transformation
facility.
SEC. 3. Section 40180 of the Public Resources Code is amended to
read:
40180. "Recycle" or "recycling" means the process of collecting,
sorting, cleansing, treating, and reconstituting materials that would
otherwise become solid waste, and returning them to the economic
mainstream in the form of raw material for new, reused, or
reconstituted products which meet the quality standards necessary to
be used in the marketplace. "Recycling" does not include
transformation, as defined in Section 40201 or EMSW conversion.
SEC. 4. Section 40192 of the Public Resources Code is amended to
read:
40192. (a) Except as provided in subdivisions (b) and (c), "solid
waste disposal," "disposal," or "dispose" means the final deposition
of solid wastes onto land, into the atmosphere, or into the waters
of the state.
(b) For purposes of Part 2 (commencing with Section 40900), "solid
waste disposal," "dispose," or "disposal" means the management of
solid waste through landfill disposal, transformation, or EMSW
conversion, at a permitted solid waste facility, unless the term is
expressly defined otherwise.
(c) For purposes of Chapter 16 (commencing with Section 42800) and
Chapter 19 (commencing with Section 42950) of Part 3, Part 4
(commencing with Section 43000), Part 5 (commencing with Section
45000), Part 6 (commencing with Section 45030), and Chapter 2
(commencing with Section 47901) of Part 7, "solid waste disposal,"
"dispose," or "disposal" means the final deposition of solid wastes
onto land.
SEC. 5. Section 40194 of the Public Resources Code is amended to
read:
40194. "Solid waste facility" includes a solid waste transfer or
processing station, a composting facility, a gasification facility, a
transformation facility, an EMSW conversion facility, and a disposal
facility. For purposes of Part 5 (commencing with Section 45000),
"solid waste facility" additionally includes a solid waste operation
that may be carried out pursuant to an enforcement agency
notification, as provided in regulations adopted by the department.
SEC. 6. Section 40200 of the Public Resources Code is amended to
read:
40200. (a) "Transfer or processing station" or "station" includes
those facilities utilized to receive solid wastes, temporarily
store, separate, convert, or otherwise process the materials in the
solid wastes, or to transfer the solid wastes directly from smaller
to larger vehicles for transport, and those facilities utilized for
transformation.
(b) "Transfer or processing station" or "station" does not include
any of the following:
(1) A facility, whose principal function is to receive, store,
separate, convert, or otherwise process in accordance with state
minimum standards, manure.
(2) A facility, whose principal function is to receive, store,
convert, or otherwise process wastes that have already been separated
for reuse and are not intended for disposal.
(3) The operations premises of a duly licensed solid waste
handling operator who receives, stores, transfers, or otherwise
processes wastes as an activity incidental to the conduct of a refuse
collection and disposal business in accordance with regulations
adopted pursuant to Section 43309.
(4) An EMSW conversion facility.
SEC. 7. Section 40201 of the Public Resources Code is amended to
read:
40201. "Transformation" means incineration, pyrolysis,
distillation, or biological conversion other than composting.
"Transformation" does not include composting, gasification, EMSW
conversion, or biomass conversion.
SEC. 8. Section 41700 of the Public Resources Code is amended to
read:
41700. Each county shall prepare a countywide siting element that
provides a description of the areas to be used for development of
adequate transformation, EMSW conversion, or disposal capacity
concurrent and consistent with the development and implementation of
the county and city source reduction and recycling elements adopted
pursuant to this part.
SEC. 9. Section 41721 of the Public Resources Code is amended to
read:
41721. (a) The countywide siting element shall be approved by the
county and by a majority of the cities within the county that
contain a majority of the population of the incorporated area of the
county except in those counties that have only two cities, in which
case the element is subject to approval of the city that contains the
majority of the population of the incorporated area of the county.
Each city shall act upon the countywide siting element within 90 days
after receipt of the siting element. If a city fails to act upon the
siting element within 90 days after receiving the siting element,
the city shall be deemed to have approved the siting element as
submitted.
(b) Notwithstanding subdivision (a), a siting element providing
for an EMSW conversion facility is only required to be approved by
the city in which it is located, or if the EMSW is not located in a
city, by the county.
SEC. 10. Section 41780.05 of the Public Resources Code is amended
to read:
41780.05. (a) After January 1, 2009, pursuant to the review
authorized by Section 41825, the department shall determine each
jurisdiction's compliance with Section 41780 for the years commencing
with January 1, 2007, by comparing each jurisdiction's change in its
per capita disposal rate in subsequent years with the equivalent per
capita disposal rate that would have been necessary for the
jurisdiction to meet the requirements of Section 41780 on January 1,
2007, as calculated pursuant to subdivisions (c) and (d).
(b) (1) For purposes of paragraph (5) of subdivision (e) of
Section 41825, in making a determination whether a jurisdiction has
made a good faith effort to implement its source reduction and
recycling element or its household hazardous waste element, the
department shall consider, but is not limited to the consideration
of, the jurisdiction's per capita disposal rate and whether the
jurisdiction adequately implemented its diversion programs.
(2) When determining whether a jurisdiction has made a good faith
effort pursuant to Section 41825 to implement its source reduction
and recycling element or its household hazardous waste element, the
department shall consider that an increase in the per capita disposal
rate is the result of the amount of the jurisdiction's disposal
increasing faster than the jurisdiction's growth. The department
shall use this increase in the per capita disposal rate that is in
excess of the equivalent per capita disposal rate as a factor in
determining whether the department is required, pursuant to Section
41825, to more closely examine a jurisdiction's program
implementation efforts. This examination may indicate that a
jurisdiction is required to expand existing programs or implement new
programs, in accordance with the procedures specified in Article 4
(commencing with Section 41825) and in Article 5 (commencing with
Section 41850).
(3) When reviewing the level of program implementation pursuant to
Sections 41825 and 41850, the department shall use, as a factor in
determining compliance with Section 41780, the amount determined
pursuant to subdivision (d) when comparing a jurisdiction's per
capita disposal rate in subsequent years.
(c) (1) (A) Except as otherwise provided in this subdivision, for
purposes of this section, "per capita disposal" or "per capita
disposal rate" means the total annual disposal, in pounds, from a
jurisdiction divided by the total population in a jurisdiction, as
reported by the Department of Finance, divided by 365 days.
(B) "Per capita disposal" does not include used tires or waste
tires, as defined in Article 1 (commencing with Section 42800) of
Chapter 16 of Part 3, that are converted at an EMSW conversion
facility.
(C) "Per capita disposal" does not include biomass material, as
defined in subdivision (a) of Section 40106, that is converted at an
EMSW conversion facility.
(2) (A) If a jurisdiction is predominated by commercial or
industrial activities and by solid waste generation from those
sources, the department may alternatively calculate per capita
disposal to reflect those differing conditions.
(B) When making a calculation for a jurisdiction subject to this
paragraph, "per capita disposal" or "per capita disposal rate" means
the total annual disposal, in pounds, from a jurisdiction divided by
total industry employment in a jurisdiction, as reported by the
Employment Development Department, divided by 365 days.
(C) The department shall calculate the per capita disposal rate
for a jurisdiction subject to this paragraph using the level of
industry employment in a jurisdiction instead of the level of
population in a jurisdiction.
(3) If the department determines that the method for calculating
the per capita disposal rate for a jurisdiction provided by paragraph
(1) or (2) does not accurately reflect that jurisdiction's disposal
reduction, the department may use an alternative per capita factor,
other than population or industry employment, to calculate the per
capita disposal rate that more accurately reflects the jurisdiction's
efforts to divert solid waste.
(d) The department shall calculate the equivalent per capita
disposal rate for each jurisdiction as follows:
(1) Except as otherwise provided in this subdivision, the
equivalent per capita disposal rate for a jurisdiction shall be
determined using the method specified in this paragraph.
(A) The calculated generation tonnage for each year from 2003 to
2006, inclusive, shall be multiplied by 0.5 to yield the 50 percent
equivalent disposal total for each year.
(B) The 50 percent equivalent disposal total for each year shall
be multiplied by 2,000, divided by the population of the jurisdiction
in that year, and then divided by 365 to yield the 50 percent
equivalent per capita disposal for each year.
(C) The four 50 percent equivalent per capita disposal amounts
from the years 2003 to 2006, inclusive, shall be averaged to yield
the equivalent per capita disposal rate.
(2) If a jurisdiction is predominated by commercial or industrial
activities and by solid waste generation from those sources, the
department may alternatively calculate the equivalent per capita
disposal rate to reflect those conditions by using the level of
industry employment in a jurisdiction instead of the level of
population in that jurisdiction.
(3) If the department determines that the method for calculating
the equivalent per capita disposal rate for a jurisdiction pursuant
to this subdivision does not accurately reflect a jurisdiction's per
capita disposal rate that would be equivalent to the amount required
to meet the 50 percent diversion requirements of Section 41780, the
department may use an alternative per capita factor, other than
population or industry employment, to calculate the equivalent per
capita disposal rate that more accurately reflects the jurisdiction's
diversion efforts.
(4) The department shall modify the percentage used in paragraph
(1) to maintain the diversion requirements approved by the department
for a rural jurisdiction pursuant to Section 41787 or for a
reduction granted pursuant to Section 41786.
(5) The department may modify the years included in making a
calculation pursuant to this subdivision for an individual
jurisdiction to eliminate years in which the calculated generation
amount is shown not to be representative or accurate, based upon a
generation study completed in one of the five years 2003 to 2007,
inclusive. In these cases, the department shall not allow the use of
an additional year other than 2003, 2004, 2005, 2006, or 2007.
(6) The department may modify the method of calculating the
equivalent per capita disposal rate for an individual jurisdiction to
accommodate the incorporation of a new city, the formation of a new
regional agency, or changes in membership of an existing regional
agency. These modifications shall ensure that a new entity has a new
equivalent per capita disposal rate and that the existing per capita
disposal rate of an existing entity is adjusted to take into account
the disposal amounts lost by the creation of the new entity.
(7) The department shall not incorporate generation studies or new
base year calculations for a year commencing after 2006 into the
equivalent per capita disposal rate, unless a generation study that
included the year 2007 was commenced on or before June 30, 2008.
(8) If the department determines that the equivalent per capita
disposal rate cannot accurately be determined for a jurisdiction, or
that the rate is no longer representative of a jurisdiction's waste
stream, the department shall evaluate trends in the jurisdiction's
per capita disposal to establish a revised equivalent per capita
disposal rate for that jurisdiction.
SEC. 11. Section 41781 of the Public Resources Code is amended to
read:
41781. (a) Except as provided in Sections 41781.1, and 41781.2,
for the purpose of determining the base rate of solid waste from
which diversion requirements shall be calculated, "solid waste"
includes only the following:
(1) The amount of solid waste generated within a local agency's
jurisdiction, the types and quantities of which were disposed of at a
permitted disposal facility as of January 1, 1990. Nothing in this
section requires local agencies to perform waste characterization in
addition to the waste characterization requirements established under
Sections 41030, 41031, 41330, 41331, and 41332.
(2) The amount of solid waste diverted from a disposal facility,
transformation facility, or EMSW facility, through source reduction,
recycling, or composting.
(b) For the purposes of this section, "solid waste" does not
include solid waste that would not normally be disposed of at a
disposal facility.
(c) For the purposes of this chapter, the amount of solid waste
from which the required reductions are measured shall be the amount
of solid waste existing on January 1, 1990, with future adjustments
for increases or decreases in the quantity of waste caused only by
changes in population or changes in the number or size of
governmental, industrial, or commercial operations in the
jurisdiction.
SEC. 12. Section 50001 of the Public Resources Code is amended to
read:
50001. (a) Except as provided by subdivision (b), after a
countywide or regional agency integrated waste management plan has
been approved by the Department of Resources Recycling and Recovery
pursuant to Division 30 (commencing with Section 40000), a person
shall not establish or expand a solid waste facility, as defined in
Section 40194, in the county unless the solid waste facility meets
one of the following criteria:
(1) The solid waste facility is a disposal facility, a
transformation facility, or an EMSW conversion facility, the location
of which is identified in the countywide siting element or amendment
to that element, which has been approved pursuant to Section 41721.
(2) The solid waste facility is a facility that is designed to
recover for reuse or recycling at least 5 percent of the total volume
of material received by the facility, and that is identified in the
nondisposal facility element that has been approved pursuant to
Section 41800 or is included in an update to that element.
(b) Solid waste facilities other than those specified in
paragraphs (1) and (2) of subdivision (a) shall not be required to
comply with the requirements of this section.
(c) The person or agency proposing to establish a solid waste
facility shall prepare and submit a site identification and
description of the proposed facility to the task force established
pursuant to Section 40950. Within 90 days after the site
identification and description is submitted to the task force, the
task force shall meet and comment on the proposed solid waste
facility in writing. These comments shall include, but are not
limited to, the relationship between the proposed solid waste
facility and the implementation schedule requirements of Section
41780 and the regional impact of the facility. The task force shall
transmit these comments to the person or public agency proposing
establishment of the solid waste facility, to the county, and to all
cities within the county. The comments shall become part of the
official record of the proposed solid waste facility.
(d) The review and comment by the local task force shall not be
required for an update to a nondisposal facility element.
SEC. 13. 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.