Amended in Senate September 1, 2015

Amended in Senate July 16, 2015

Amended in Senate July 2, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 901


Introduced by Assembly Member Gordon

(Coauthor: Assembly Member Williams)

February 26, 2015


An act to amend Section 41821.5 of, tobegin delete amend and renumberend deletebegin insert amend, renumber, and addend insert Section 41821.6 of, and to add Sectionsbegin delete 41821.6, 41821.7,end deletebegin insert 41821.7end insert and 41821.8 to, the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 901, as amended, Gordon. Solid waste: reporting requirements: enforcement.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires disposal facility operators to submit information to counties from periodic tracking surveys on the disposal tonnages that are disposed of at the disposal facility by jurisdiction or region of origin. Existing law requires solid waste handlers and transfer station operators to provide information to the disposal facility on the origin of the solid waste they deliver to the disposal facility. Existing law requires recycling and composting facilities to submit periodic information to counties on the types and quantities of materials that are disposed of, sold to end users, or sold to exporters or transporters for sale outside of the state, by county of origin. Existing law requires counties to submit periodic reports to the cities within the county, to any regional agency of which the county is a member, and to the Department of Resources Recycling and Recovery on the amounts of solid waste disposed of by jurisdiction or region of origin, and on the categories and amounts of solid waste diverted to recycling and composting facilities within the county or region. Existing law authorizes the department to adopt regulations in this regard.

This bill would revise these provisions by, among other things, (1) requiring recycling and composting operations and facilities to submit specified information directly to the department, rather than to counties, (2) requiring disposal facility operators to submit tonnage information to the department, and to counties only on request, and (3) deleting the requirement for counties to submit that information to cities, regional agencies, and the department. The bill would delete references to periodic tracking surveys. The bill would require exporters, brokers, and transporters of recyclables or compost to submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state, and would authorize the department to provide this information, on an aggregated basis, to jurisdictions, as specified. The bill would make other related changes to the various reporting requirements. The bill would provide for imposition of civil penalties on any person who refuses or fails to submit information required by the governing regulations, and on any person who knowingly or willfully files a false report, refuses to permit the department to inspect or examine associated records, or alters, cancels, or obliterates entries in the records, as specified. The bill would provide that the civil penalties may be imposed either in a civil action or administratively pursuant to procedures specified in the bill. The bill would specify the types of waste disposal records that are subject to inspection and copying by the department, and also by an employee of a government entity, as defined, with respect to tonnage received at a disposal facilitybegin insert on or after July 1, 2015,end insert that originates within the government entity’s geographic jurisdiction. The bill, with respect to those records, would prohibit a government entity from disclosing the name of a waste hauler using a specific landfill unless necessary as part of an administrative or judicial proceeding, as specified. The bill would also authorize a government entity to petition the superior court for injunctive or declaratory relief to enforce these provisions. The bill would require recovered civil penalties to be deposited in the Integrated Waste Management Account.

begin delete

Existing

end delete

begin insertThe California Public Records Act provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and that every person has a right to inspect any public record, but exempts certain records from those requirements. Existingend insert law, upon the request of any person furnishing any report, notice, application, plan, or other document required by the California Integrated Waste Management Act of 1989, provides that neither the department nor an enforcement agency shall make available for inspection by the public any portion of the report, notice, application, plan, or other document that contains a trade secret, as specified.

This bill wouldbegin insert exempt certain waste disposal records subject to inspection and copying by the department or a government entity from disclosure under certain California Public Records Act provisions. The bill would alsoend insert make certain waste disposal records subject tobegin delete this provision, including waste disposal records subject to inspection and copying by the department or a government entity.end deletebegin insert nondisclosure under the trade secrets provisions.end insert

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

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

P3    1

SECTION 1.  

Section 41821.5 of the Public Resources Code
2 is amended to read:

3

41821.5.  

(a) Disposal facility operators shall submit
4information on the disposal tonnages by jurisdiction or region of
5origin that are disposed of at each disposal facility to the
6department, and to counties that request thebegin delete information.end delete
7begin insert information, in a form prescribed by the department.end insert To enable
8disposal facility operators to provide that information, solid waste
9handlers and transfer station operators shall provide information
10to disposal facility operators on the origin of the solid waste that
11they deliver to the disposal facility.

12(b) Recycling and composting operations and facilities shall
13submit periodic information to the department on the types and
P4    1quantities of materials that are disposed of, sold, or transferred to
2other recycling or composting facilities, end users inside of the
3state or outside of the state, or exporters, brokers, or transporters
4for sale inside of the state or outside of the state. Exporters, brokers,
5and transporters of recyclables or compost shall submit periodic
6information to the department on the types, quantities, and
7destinations of materials that are disposed of, sold, or transferred.
8The information in these reports may be provided on an aggregated
9facility-wide basis andbegin delete need not includeend deletebegin insert may excludeend insert financial
10data,begin insert such as contract terms and conditions (including information
11on pricing, credit terms, volume discounts and other proprietary
12business terms),end insert
the jurisdiction of the origin of the materials, or
13information on the entities from which the materials are received.
14The department may provide this information to jurisdictions,
15aggregated by company, upon request.

16(c) The departmentbegin delete mayend deletebegin insert shallend insert adopt regulations pursuant to this
17section requiring practices and procedures that are reasonable and
18necessary to implement this section, and that provide a
19representative accounting of solid wastes and recyclable materials
20that are handled, processed, or disposed. Those regulations
21approved by the department shall not impose an unreasonable
22burden on waste and recycling handling, processing, or disposal
23operations or otherwise interfere with the safe handling, processing,
24and disposal of solid waste and recyclables.begin delete To the extent
25regulations are adopted, theend delete
begin insert Theend insert department shall include in those
26regulations both of the following:

27(1) Procedures to ensure that an opportunity to comply is
28provided prior to initiation of enforcement authorized by Section
2941821.7.

30(2) Factors to be considered in determining penalty amounts
31that are similar to those provided in Section 45016.

32(d) Any person who refuses or fails to submit information
33required by regulations adopted pursuant to this section is liable
34for a civil penalty of not less than five hundred dollars ($500) and
35not more than five thousand dollars ($5,000) for each violation of
36a separate provision or, for continuing violations, for each day that
37the violation continues.

38(e) Any person who knowingly or willfully files a false report,
39or any person who refuses to permit the department or any of its
40representatives to make inspection or examination of records, or
P5    1who fails to keep any records for the inspection of the department,
2or who alters, cancels, or obliterates entries in the records for the
3purpose of falsifying the records as required by regulations adopted
4pursuant to this section, is liable for a civil penalty of not less than
5five hundred dollars ($500) and not more than ten thousand dollars
6($10,000) for each violation of a separate provision or, for
7continuing violations, for each day that the violation continues.

8(f) Liability under this section may be imposed in a civil action,
9or liability may be imposed administratively pursuant to this article.

10(g) (1) Notwithstanding Title 5 (commencing with Section
113426) of Part 1 of Division 4 of the Civil Code and Article 11
12(commencing with Section 1060) of Chapter 4 of Division 8 of
13the Evidence Code, all recordsbegin insert reasonablyend insert required to be kept
14begin delete pursuant to this sectionend deletebegin insert to allow for verification of the reports
15required pursuant to subdivisions (a) and (b)end insert
and implementing
16regulations shall be subject to inspection and copying by the
17begin delete department.end deletebegin insert department, but shall be confidential and shall not be
18subject to disclosure under the California Public Records Act
19(Chapter 3.5 (commencing with Section 6250) of Division 7 of
20Title 1 of the Government Code).end insert

21(2) begin deleteIn addition, end deletebegin insertNotwithstanding Title 5 (commencing with
22Section 3426) of Part 1 of Division 4 of the Civil Code and Article
2311 (commencing with Section 1060) of Chapter 4 of Division 8 of
24the Evidence Code,end insert
begin insert end insertan employee of a government entity may, at
25the disposal facility, inspect and copy records related to tonnage
26received at the facilitybegin insert on or after July 1, 2015,end insert and originating
27withinbegin delete itsend deletebegin insert the government entity’send insert geographic jurisdiction. Those
28records shallbegin delete includeend deletebegin insert be limited toend insert weight tags that identify the
29hauler, vehicle, quantity, date, type, and origin of wastebegin delete disposed
30ofend delete
begin insert receivedend insert at abegin delete landfill.end deletebegin insert disposal facility.end insert Those records shall be
31available to those government entities for the purposes of
32subdivision (a) and as necessary tobegin delete fund their local programs.end delete
33begin insert enforce the collection of local fees, but those records shall be
34confidential and shall not be subject to disclosure under the
35California Public Records Act (Chapter 3.5 (commencing with
36Section 6250) of Division 7 of Title 1 of the Government Codeend insert
begin insert).end insert
37 Names of haulers using specific landfills shall not be disclosed by
38a government entity unless necessary as part of an administrative
39or judicial enforcement proceeding to fund local programs or
40enforce local franchises.

P6    1(3) A government entity may petition the superior court for
2injunctive or declaratory relief to enforce its authority under
3paragraph (2). The times for responsive pleadings and hearings in
4these proceedings shall be set by the judge of the court with the
5object of securing a decision as to these matters at the earliest
6possible time.

7(4) For purposes of this section, a government entity is an entity
8identified in Section 40145 or an entity formed pursuant to Section
940976.

begin insert

10(5) For purposes of this subdivision, “disposal” and “disposal
11facility” have the same meanings as prescribed by Sections 40120.1
12and 40121, respectively.

end insert
begin insert

13(6) Nothing in this subdivision shall be construed to limit or
14expand the authority of a government entity that may have been
15provided by this section and implementing regulations as they read
16on December 31, 2015.

end insert
begin insert

17(7) The records subject to inspection and copying by the
18department pursuant to paragraph (1) or by an employee of a
19government entity pursuant to paragraph (2) may be redacted by
20the operator before inspection to exclude confidential pricing
21information contained in the records, such as contract terms and
22conditions (including information on pricing, credit terms, volume
23discounts, and other proprietary business terms), if the redacted
24information is not information that is otherwise required to be
25reported to the department.

end insert

26(h) Notwithstanding the Uniform Electronic Transactions Act
27(Title 2.5 (commencing with Section 1633.1) of Part 2 of Division
283 of the Civil Code), reports required by this section shall be
29submitted electronically, using an electronic reporting format
30system established by the department.

31(i) All records provided in accordance with this section shall be
32subject to Section 40062.

33

SEC. 2.  

Section 41821.6 of the Public Resources Code is
34amended and renumbered to read:

35

41821.9.  

To assist market development efforts by the
36department, local agencies, and the private sector, the department
37shall use existing data resources.

38

SEC. 3.  

Section 41821.6 is added to the Public Resources Code,
39to read:

P7    1

41821.6.  

In order to ensure that records required pursuant to
2this article are properly maintained, in addition to inspecting all
3begin insert relevantend insert records, the department may conduct audits, perform site
4inspections, observe facility operations, and otherwise investigate
5the recordkeeping and reporting of persons subject to the
6requirements of this article.begin insert Any records, reports, notes, studies,
7drawings, schematics, photographs, or trade secrets, as defined
8in Section 3426.1 of the Civil Code, obtained, produced, or created
9by the department in connection with or arising from such audits,
10inspections, or observations are confidential and shall not be
11subject to disclosure under the California Public Records Act
12(Chapter 3.5 (commencing with Section 6250) of Division 7 of
13Title 1 of the Government Code). end insert

14

SEC. 4.  

Section 41821.7 is added to the Public Resources Code,
15to read:

16

41821.7.  

(a) The department may issue an administrative
17complaint to any person on whom civil liability may be imposed
18pursuant to this article. The complaint shall allege the acts or
19failures to act that constitute the basis for liability and the amount
20of the proposed civil liability. The complaint shall be served by
21personal service or certified mail and shall inform the party so
22served that a hearing shall be conducted within 60 days after the
23party has been served, unless the party waives the right to a hearing.

24(b) If the party waives the right to a hearing, the department
25shall issue an order setting liability in the amount proposed in the
26complaint unless the department and the party have entered into
27a settlement agreement, in which case the department shall issue
28an order setting liability in the amount specified in the settlement
29agreement. If the party has waived the right to a hearing or if the
30department and the party have entered into a settlement agreement,
31the order shall not be subject to review by any court or agency.

32(c) Any hearing required under this section shall be conducted
33by an independent hearing officer according to the procedures
34specified in Chapter 5 (commencing with Section 11500) of Part
351 of Division 3 of Title 2 of the Government Code, except as
36otherwise specified in this section.

37

SEC. 5.  

Section 41821.8 is added to the Public Resources Code,
38to read:

39

41821.8.  

(a) Orders setting civil liability issued under this
40begin delete sectionend deletebegin insert articleend insert shall become effective and final upon issuance
P8    1thereof, and payment shall be made within 30 days of issuance.
2Copies of these orders shall be served by personal service or by
3certified mail upon the party served with the complaint and upon
4other persons who appeared at the hearing and requested a copy.

5(b) Within 30 days after service of a copy of a decision, any
6person so served may file with the superior court a petition for
7writ of mandate for review of the decision. Any person who fails
8to file the petition within the 30-day period may not challenge the
9reasonableness or validity of a decision or order of the hearing
10officer in any judicial proceedings brought to enforce the decision
11or order or for other remedies.

12(c) Except as otherwise provided in this section, Section 1094.5
13of the Code of Civil Procedure governs any proceedings conducted
14pursuant to this subdivision.

15(d) This section does not prohibit the court from granting any
16appropriate relief within its jurisdiction.

17(e) All penalties collected under this article shall be deposited
18in the Integrated Waste Management Account created pursuant to
19Section 48001.



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