California Legislature—2013–14 Regular Session

Assembly Bill No. 1594

Introduced by Assembly Member Williams

February 3, 2014

An act to amend Section 41781.3 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1594, as introduced, Williams. Solid waste: recycling: diversion: green material.

The existing California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions. Under the act, the use of solid waste for beneficial reuse in the construction and operation of a solid waste landfill, including the use of alternative daily cover, constitutes diversion through recycling and is not considered disposal.

This bill would authorize the department, if the department makes a specified determination, to adopt regulations to provide that the use of green material as alternative daily cover or alternative intermediate cover does not constitute diversion through recycling and would be considered disposal for purposes of the act.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 41781.3 of the Public Resources Code
is amended to read:

41781.3.  

(a)  begin delete The end delete begin insert (1) end insert begin insert   end insert begin insert Except as provided in paragraph (2),
the end insert use of solid waste for beneficial reuse in the construction and
operation of a solid waste landfill, including use of alternative
daily cover, which reduces or eliminates the amount of solid waste
being disposed pursuant to Section 40124, shall constitute diversion
through recycling and shall not be considered disposal for begin delete the end delete
purposes of this division.

begin insert

(2) (A) The department may adopt regulations to provide that
the use of green material, as defined in regulations by the
department, as alternative daily cover or alternative intermediate
cover, does not constitute diversion through recycling and shall
be considered disposal for purposes of this division if the
department determines that the regulations are necessary to meet
the policy goals described in Section 41780.01.

end insert begin insert

(B) If the department adopts regulations pursuant to
subparagraph (A), the department shall consult with the compost
industry, local governments, environmental organizations, landfill
operators, and other stakeholders.

end insert

(b)  begin delete Prior to end delete begin insert Before end insert December 31, 1997, pursuant to the begin delete board’s end delete
begin insert department’s end insert authority to adopt rules and regulations pursuant to
Section 40502, the begin delete board end delete begin insert department end insert shall, by regulation, establish
conditions for the use of alternative daily cover that are consistent
with this division. In adopting the regulations, the begin delete board end delete begin insert department end insert
shall consider, but is not limited to, all of the following criteria:

(1) Those conditions established in past policies adopted by the
begin delete board end delete begin insert department end insert affecting the use of alternative daily cover.

(2) Those conditions necessary to provide for the continued
economic development, economic viability, and employment
opportunities provided by the composting industry in the state.

(3) Those performance standards and limitations on maximum
functional thickness necessary to ensure protection of public health
and safety consistent with state minimum standards.

(c) Until the adoption of additional regulations, the use of
alternative daily cover shall be governed by the conditions
established by the begin delete board end delete begin insert department end insert in its existing regulations set
forth in paragraph (3) of subdivision (b) of, and paragraph (3) of
subdivision (c) of, Section 18813 of Title 14 of the California Code
of Regulations, as those sections read on begin delete the effective date of this
section end delete begin insert January 1, 1997 end insert , and by the conditions established in the
begin delete board’s end delete begin insert department’s end insert policy adopted on January 25, 1995.

(d) In adopting rules and regulations pursuant to this begin delete section,
Section 40124, and this end delete division, including, but not limited to, Part
2 (commencing with Section 40900), the begin delete board end delete begin insert department end insert shall
provide guidance to local enforcement agencies on any conditions
and restrictions on the utilization of alternative daily cover so as
to ensure proper enforcement of those rules and regulations.