BILL NUMBER: AB 1594 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 12, 2014
AMENDED IN ASSEMBLY MAY 27, 2014
AMENDED IN ASSEMBLY MAY 7, 2014
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 The act
requires each city, county, and joint powers authority
formed under the act, referred to as a 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, commencing January 1, 2020, would provide that the use
of green material, not including materials left over from
the composting process as defined , as
alternative daily cover does not constitute diversion through
recycling and would be considered disposal for purposes of the act.
The bill, commencing August 1, 2018, would require a local
jurisdiction to include information in an annual report on how the
local jurisdiction intends to address these diversion requirements
and divert green material that is being used as alternative daily
cover. The bill would authorize require
the department, with respect to a jurisdiction that, as a
result of these provisions, would not be able to meet certain
diversion requirements to apply before that date to the
department for one deferral of up to two-years of the application of
these provisions requirements, to determine whether
the local jurisdiction has made a good faith effort to divert green
material that was used as alternative daily cover, based on
consideration of specified circumstances . The bill would
require the application form, to be developed by the
department, to require the applicant to include specified information
a local jurisdiction that the department
has determined is not able to meet the diversion requirements to
identify barriers to siting new or expanded green waste recycling
facilities and to prepare a plan to address those barriers .
The bill would impose a state-mandated local program by imposing new
duties upon local agencies with regard to the diversion of solid
waste.
Existing law requires the operator of a disposal facility to pay a
quarterly fee based on the amount of solid waste disposed of at each
disposal site.
This bill would provide that that,
commencing January 1, 2020, green material used as alternative daily
cover at a solid waste landfill is not subject to this fee.
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: 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 paragraphs (2) and
(3) (4) , 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) Commencing January 1, 2020, the use of green
material, not including materials left over from the composting
process, material as alternative daily cover
does not constitute diversion through recycling and shall be
considered disposal for purposes of this division.
(B) Commencing January 1, 2020, green material used as alternative
daily cover at a solid waste landfill is not subject to the fee
imposed on disposed solid waste pursuant to Section 48000.
(3) Commencing August 1, 2018, a local jurisdiction shall include
in the electronic annual report required pursuant to Section 41821
information on how the local jurisdiction intends to address the
requirements of paragraph (2) and divert green material that is being
used as alternative daily cover.
(3)
(4) (A) If If, after January 1,
2020, a local jurisdiction will no longer be in compliance
with Section 41780 after January 1, 2020, as a
result of using green material as alternative daily cover,
that jurisdiction, pursuant to subparagraph (B), may apply before
that date to the department for one deferral of up to two-years of
the application of subparagraph (A) of paragraph (2).
the department, pursuant to Section 41825, shall make a determination
whether the local jurisdiction has made a good faith effort to
divert green material that was used as alternative daily cover, based
on consideration of circumstances that shall include, but are not
limited to, all of the following:
(B) An application form for a deferral 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)
(i) Existing organic waste recycling
green material facilities within a reasonable vicinity of
the local jurisdiction and the permitted capacities
available for materials to be accepted at each
facility.
(ii) Efforts that the jurisdiction is aware of that are underway
to develop new private or public regional green material recycling
facilities that may become available to accept the green material
being used as alternative daily cover, and the expected time frame
for completion.
(II)
(iii) Facilities for potential expansion or
collocation.
(III)
(iv) Closed or abandoned sites within the jurisdiction
that might be available for use as new green material
recycling facilities.
(IV)
(v) Other nondisposal opportunities and markets.
(V) Appropriate
(vi) Applicable zoning and permit
requirements within the jurisdiction for the location of
new organic waste green material
recycling facilities.
(VI)
(vii) Incentives available for developing new
organic waste green material 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, in its sole discretion, grant a local jurisdiction
one deferral of up to two-years of the application of subparagraph
(A) of paragraph (2).
(viii) Steps being taken by the jurisdiction to reduce solid waste
generation or to identify new methods for diverting green or other
solid waste to meet the requirements of Section 41780.
(B) Upon the department's determination that a local jurisdiction
will no longer be in compliance with Section 41780 after January 1,
2020, as a result of using green material as alternative daily cover,
the local jurisdiction shall, on a schedule determined by the
department, identify barriers to siting new or expanded green waste
recycling facilities, and if sufficient green material recycling
facility capacity is not expected to be operational within a
reasonable amount of time, prepare a plan to address those barriers
that are within the control of the local jurisdiction.
(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 consideration of , 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.
(e) Notwithstanding subparagraph (B) of paragraph (4) of
subdivision (a), nothing in this section modifies, limits, or
abrogates the authority of a local jurisdiction with respect to land
use, zoning, or facility siting decisions within that local
jurisdiction.
(f) For purposes of this section, "green material" has the same
meaning as "processed green material," as defined in subdivision (b)
of Section 20690 of Title 27 of the California Code of Regulations.
The term does not include materials left over from the composting
process, materials left over after the material recovery process,
commonly referred to as "fines," or processed construction and
demolition waste materials.
(g) For purposes of this section, "processed construction and
demolition waste material" has the same meaning as defined in
subdivision (b) of Section 20690 of Title 27 of the California Code
of 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.