BILL NUMBER: AB 2371 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mullin
FEBRUARY 21, 2014
An act to amend Sections 41802 and 41821 of, to add Article 2.5
(commencing with Section 41513) to Chapter 3.5 of Part 2 of Division
30 of, and to repeal Section 41514 of, the Public Resources Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2371, as introduced, Mullin. Solid waste: household hazardous
waste.
(1) The California Integrated Waste Management Act of 1989, which
is administered by the Department of Resources Recycling and
Recovery, requires, among other things, each city and each county to
prepare a household hazardous waste element containing specified
components and to submit that element to the department for approval.
Existing law requires the department to approve the element if the
local agency demonstrates that it will comply with specified
requirements. A city or county is required to submit an annual report
to the department summarizing its progress in reducing solid waste,
including an update of the jurisdiction's household hazardous waste
element.
This bill would require each jurisdiction, subject to those
requirements, no later than January 1, 2016, to review its household
hazardous waste element and program to determine its effectiveness in
the collection, recycling, treatment, and disposal of household
hazardous waste, as prescribed. The bill would further require the
department, on or before January 1, 2017, to submit a report to the
Legislature that analyzes the effectiveness of the state's household
hazardous waste management system, including specified information.
The bill would require, as a condition of approval of a household
hazardous waste element, that the local agency demonstrate that it
will give priority to methods that make the recycling and disposal of
household hazardous waste more convenient for the public. The bill
would make changes relating to the annual reporting of a jurisdiction'
s methods and programs for the recycling and disposing of household
hazardous waste. By imposing new duties on cities and counties with
regard to the review of its household waste reduction and recycling
element, the bill would impose a state-mandated local program.
(2)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. Article 2.5 (commencing with Section 41513) is added to
Chapter 3.5 of Part 2 of Division 30 of the Public Resources Code,
to read:
Article 2.5. Household Hazardous Waste Reporting
41513. (a) Each jurisdiction subject to the requirements of
Section 41500 or 41510 shall, no later than January 1, 2016, review
its household waste element and program to determine its
effectiveness in the collection, recycling, treatment, and disposal
of household hazardous waste. The jurisdiction shall consider
information it submits annually to the department pursuant to Article
6.3 (commencing with Section 18750) of Chapter 9 of Division 7 of
Title 14 of the California Code of Regulations, and any other
information it deems appropriate.
(b) The jurisdiction's review shall do all of the following:
(1) Analyze the extent to which its household hazardous waste
program is convenient to the public.
(2) Identify barriers to the convenient recycling and disposal of
household hazardous waste.
(3) Identify feasible methods to overcome those barriers and
increase the convenience for the public to recycle and dispose of
household hazardous waste in a safe and legal manner.
(c) Each jurisdiction shall include the findings from its review
in the first report it submits to the department on or after January
1, 2016, pursuant to Section 41821.
41514. (a) On or before January 1, 2017, the department shall
submit a report to the Legislature, in the matter provided in Section
9795 of the Government Code, that analyzes the effectiveness of the
state's household hazardous waste management system, including, but
not limited to, rates of collection and recycling of household
hazardous waste, and identifies all of the following:
(1) Barriers to increased recycling of household hazardous waste.
(2) Disincentives to the legal disposal of household hazardous
waste.
(3) The extent to which methods and programs have been implemented
in the state to reduce disincentives to the legal disposal of
household hazardous waste.
(4) The role that convenience for the public plays in increasing
rates of collection and disposal of household hazardous waste in a
safe and legal manner.
(5) Recommendations to increase the safe, legal, and convenient
collection and disposal of household hazardous waste.
(b) This section is repealed on January 1, 2019 pursuant to
Section 10231.5 of the Government Code.
SEC. 2. Section 41802 of the Public Resources Code is amended to
read:
41802. (a) Within 120 days from the date of receipt of a
household hazardous waste element, the board
department shall approve or disapprove the element.
(b) The board department shall not
disapprove a household hazardous waste element if the local agency
preparing the element demonstrates to the board
department that, in implementing the household hazardous
waste element, the local agency will comply with all of the following
requirements:
(1) The local agency will use feasible methods to properly reduce,
collect, recycle, treat, and dispose of household hazardous waste
generated within its jurisdiction.
(2) The local agency will give priority to those methods that make
recycling and disposal of household hazardous waste more convenient
for the public.
(2)
(3) The local agency will devote reasonable
expenditures to the safe reduction, collection, recycling, treatment,
and disposal of household hazardous waste, relative to the other
expenditures required by this division, and relative to the
expenditures for household hazardous waste programs which
that were awarded grants of funds pursuant to
Section 46401 as it read on January 1, 1993.
(3)
(4) The local agency will make all
reasonable efforts to inform the public of, and to encourage public
participation in, the household hazardous waste program.
(4)
(5) Regardless of the number of household
hazardous waste collection events held each year by a local agency,
or the actual number of households served, the collection program is
available for use by all households within the jurisdiction of the
local agency, and provides a safe alternative for all residents
within the jurisdiction of the local agency to properly and safely
dispose of household hazardous waste.
(c) (1) In determining whether a local agency meets the conditions
for approval of a household hazardous waste element set forth in
subdivision (b), the board department
shall consider the geographic size and population of the city or
county and the quantity of household hazardous waste generated within
the jurisdiction of the city or county.
(2) The board department may provide
an exemption from the requirements of subdivision (b) if a city,
county, or a regional agency demonstrates, and the board
department concurs, that compliance with those
requirements is not feasible due to the small geographic size of the
city, county, or regional agency and the small quantity of solid
waste generated within the city, county, or regional agency. The
board department may establish
alternative, but less comprehensive, requirements for those cities,
counties, or regional agencies to ensure compliance with this
division.
SEC. 3. Section 41821 of the Public Resources Code is amended to
read:
41821. (a) (1) Each year following the board's
department's approval of a jurisdiction's source
reduction and recycling element, household hazardous waste element,
and nondisposal facility element, the jurisdiction shall submit a
report to the board department
summarizing its progress in reducing solid waste as required by
Section 41780, in accordance with the schedule set forth in this
subdivision.
(2) The annual report shall be due on or before August 1 of the
year following board department
approval of the source reduction and recycling element, the household
hazardous waste element, and the nondisposal facility element, and
on or before August 1 in each subsequent year. The information in
this report shall encompass the previous calendar year, January 1 to
December 31, inclusive.
(b) Each jurisdiction's annual report to the board
department shall, at a minimum, include the
following:
(1) Calculations of annual disposal reduction.
(2) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element.
(3) An update of the jurisdiction's source reduction and recycling
element and household hazardous waste element to
include any new or expanded programs the jurisdiction has implemented
or plans to implement.
(4) An update on the jurisdiction's household hazardous waste
element, including, but not limited to, findings included in the
review produced pursuant to Section 41513 and new methods or programs
the jurisdiction has implemented to increase the convenience of the
public to recycle and dispose of household hazardous waste in a safe
and legal manner.
(4)
(5) An update of the jurisdiction's nondisposal
facility element to reflect any new or expanded nondisposal
facilities the jurisdiction is using or planning to use.
(5)
(6) A summary of progress made in diversion of
construction and demolition of waste material, including information
on programs and ordinances implemented by the local government and
quantitative data, where available.
(6)
(7) Other information relevant to compliance with
Section 41780.
(c) A jurisdiction may also include, in the report required by
this section, all of the following:
(1) Information on disposal reported pursuant to Section 41821.5
that the jurisdiction believes may be relevant to the board'
s department's determination of the jurisdiction'
s per capita disposal rate.
(2) Disposal characterization studies or other completed studies
that show the effectiveness of the programs being implemented.
(3) Factors that the jurisdiction believes would affect the
accuracy of, or mitigate the amount of, solid waste disposed by the
jurisdiction, including, but not limited to, either of the following:
(A) Whether the jurisdiction hosts a solid waste facility or
regional diversion facility.
(B) The effects of self-hauled waste and construction and
demolition waste.
(4) The extent to which the jurisdiction previously relied on
biomass diversion credit and the extent to which it may be impacted
by the lack of the credit.
(5) Information regarding the programs the jurisdiction is
undertaking to address specific disposal challenges, and why it is
not feasible to implement programs to respond to other factors that
affect the amount of waste that is disposed.
(6) Other information that describes the good faith efforts of the
jurisdiction to comply with Section 41780.
(d) The board department shall use,
but is not limited to the use of, the annual report in the
determination of whether the jurisdiction's source reduction and
recycling element needs to be revised or updated.
(e) (1) The board department shall
adopt procedures for requiring additional information in a
jurisdiction's annual report. The procedures shall require the
board department to notify a
jurisdiction of any additional required information no later than 120
days after the board department
receives the report from the jurisdiction.
(2) Paragraph (1) does not prohibit the board
department from making additional requests for information
in a timely manner. A jurisdiction receiving a request for
information shall respond in a timely manner.
(3) If the schedule for the submission of an annual report by a
jurisdiction does not correspond with the scheduled review by the
board department specified in
subdivision (a) of Section 41825, the board
department shall utilize the information contained in the
annual report to assist the board department
in providing technical assistance and reviewing the
jurisdiction's diversion program implementation.
(f) The board department shall adopt
procedures for conferring with a jurisdiction regarding the
implementation of its diversion programs.
(g) Notwithstanding the Uniform Electronic Transactions Act (
Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3
of the Civil Code), a jurisdiction shall submit the progress report
required by this section to the board
department electronically, using the board's
department's electronic reporting format system.
(h) Notwithstanding the reporting schedule required by this
section, and in addition to the review required by Section 41825, the
board shall visit each jurisdiction not less than once each year to
monitor the jurisdiction's implementation and maintenance of its
diversion programs.
SEC. 4. 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.