BILL NUMBER: AB 1594 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
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 amended, 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 bill, commencing January 1, 2020, would
provide that the use of green material
material, not including materials left over from the composting
process, as alternative daily cover or alternative
intermediate cover does not constitute diversion through
recycling and would be considered disposal for purposes of the act.
The bill would authorize a jurisdiction that, as a result of
these provisions, would not be able to meet certain diversion
requirements to apply to the department for up to a 2-year delay
from being subject to these provisions. The bill would require the
application form, to be developed by the department, to require the
applicant to include specified information. The bill would impose a
state-mandated local progra m by imposing new duties upon
local agencies with regard to the diversion of solid waste.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
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) (1) Except as provided in paragraph (2), the 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 purposes of this
division.
(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.
(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.
(2) Commencing January 1, 2020, the use of green material as
alternative daily cover, not including materials left over from the
composting process, does not constitute diversion through recycling
and shall be considered disposal for purposes of this division.
(3) (A) If, after January 1, 2020, a local jurisdiction will no
longer be in compliance with Section 41780 as a result of using green
material as alternative daily cover, that jurisdiction, pursuant to
subparagraph (B), may, before that date, apply to the department for
up to a two-year extension.
(B) An application form for an extension pursuant to this
paragraph shall be developed by the department and shall require the
applicant to do both of the following:
(i) Identify all of the following:
(I) Existing organic waste recycling facilities within a
reasonable vicinity of the local jurisdiction and the capacities
available for materials to be accepted at each facility.
(II) Facilities for potential expansion or colocation.
(III) Closed or abandoned sites within the jurisdiction that might
be available for use as new recycling facilities.
(IV) Other nondisposal opportunities and markets.
(V) Appropriate zoning and permit requirements for the location of
new organic waste recycling facilities.
(VI) Incentives available for developing new organic waste
recycling facilities.
(ii) Identify barriers to siting new or expanded organic waste
recycling facilities and a plan to remedy those barriers that are
within the control of the local jurisdiction.
(C) Upon receipt of an application pursuant to this paragraph, the
department may, at its sole discretion, grant as to a local
jurisdiction up to a two-year delay of the requirements imposed by
paragraph (2).
(b) Before December 31, 1997, pursuant to the department's
authority to adopt rules and regulations pursuant to Section 40502,
the department shall, by regulation, establish conditions for the use
of alternative daily cover that are consistent with this division.
In adopting the regulations, the department shall consider, but is
not limited to, all of the following criteria:
(1) Those conditions established in past policies adopted by the
department 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 department 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 January 1, 1997, and by the
conditions established in the department's policy adopted on January
25, 1995.
(d) In adopting rules and regulations pursuant to this division,
including, but not limited to, Part 2 (commencing with Section
40900), the department 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.
SEC. 2. 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.