BILL NUMBER: AB 901	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 1, 2015
	AMENDED IN SENATE  JULY 16, 2015
	AMENDED IN SENATE  JULY 2, 2015
	AMENDED IN ASSEMBLY  APRIL 20, 2015

INTRODUCED BY   Assembly Member Gordon
   (Coauthor: Assembly Member Williams)

                        FEBRUARY 26, 2015

   An act to amend Section 41821.5 of, to  amend and renumber
  amend, renumber, and add  Section 41821.6 of,
and to add Sections  41821.6, 41821.7,   41821.7
 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 facility  on or after July 1, 2015,  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. 
    Existing 
    The 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. Existing  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 would  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 also  make certain waste
disposal records subject to  this provision, including waste
disposal records subject to inspection and copying by the department
or a government entity.   nondisclosure under the trade
secrets provisions. 
   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 41821.5 of the Public Resources Code is amended
to read:
   41821.5.  (a) Disposal facility operators shall submit information
on the disposal tonnages by jurisdiction or region of origin that
are disposed of at each disposal facility to the department, and to
counties that request the  information.  
information, in a form prescribed by the department.  To enable
disposal facility operators to provide that information, solid waste
handlers and transfer station operators shall provide information to
disposal facility operators on the origin of the solid waste that
they deliver to the disposal facility.
   (b) Recycling and composting operations and facilities shall
submit periodic information to the department on the types and
quantities of materials that are disposed of, sold, or transferred to
other recycling or composting facilities, end users inside of the
state or outside of the state, or exporters, brokers, or transporters
for sale inside of the state or outside of the state. Exporters,
brokers, and transporters of recyclables or compost shall submit
periodic information to the department on the types, quantities, and
destinations of materials that are disposed of, sold, or transferred.
The information in these reports may be provided on an aggregated
facility-wide basis and  need not include  may
exclude  financial data,  such as contract terms and
conditions (including information on pricing, credit terms, volume
discounts and other proprietary business terms),  the
jurisdiction of the origin of the materials, or information on the
entities from which the materials are received. The department may
provide this information to jurisdictions, aggregated by company,
upon request.
   (c) The department  may   shall  adopt
regulations pursuant to this section requiring practices and
procedures that are reasonable and necessary to implement this
section, and that provide a representative accounting of solid wastes
and recyclable materials that are handled, processed, or disposed.
Those regulations approved by the department shall not impose an
unreasonable burden on waste and recycling handling, processing, or
disposal operations or otherwise interfere with the safe handling,
processing, and disposal of solid waste and recyclables.  To
the extent regulations are adopted, the   The 
department shall include in those regulations both of the following:
   (1) Procedures to ensure that an opportunity to comply is provided
prior to initiation of enforcement authorized by Section 41821.7.
   (2) Factors to be considered in determining penalty amounts that
are similar to those provided in Section 45016.
   (d) Any person who refuses or fails to submit information required
by regulations adopted pursuant to this section is liable for a
civil penalty of not less than five hundred dollars ($500) and not
more than five thousand dollars ($5,000) for each violation of a
separate provision or, for continuing violations, for each day that
the violation continues.
   (e) Any person who knowingly or willfully files a false report, or
any person who refuses to permit the department or any of its
representatives to make inspection or examination of records, or who
fails to keep any records for the inspection of the department, or
who alters, cancels, or obliterates entries in the records for the
purpose of falsifying the records as required by regulations adopted
pursuant to this section, is liable for a civil penalty of not less
than five hundred dollars ($500) and not more than ten thousand
dollars ($10,000) for each violation of a separate provision or, for
continuing violations, for each day that the violation continues.
   (f) Liability under this section may be imposed in a civil action,
or liability may be imposed administratively pursuant to this
article.
   (g) (1) Notwithstanding Title 5 (commencing with Section 3426) of
Part 1 of Division 4 of the Civil Code and Article 11 (commencing
with Section 1060) of Chapter 4 of Division 8 of the Evidence Code,
all records  reasonably  required to be kept 
pursuant to this section   to allow for verification of
the reports required pursuant to subdivisions (a) and (b)  and
implementing regulations shall be subject to inspection and copying
by the  department.   department, but shall be
confidential and shall not be subject to disclosure under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code). 
   (2)  In addition,   Notwithstanding Title 5
(commencing with Section 3426) of Part 1 of Division 4 of the Civil
Code and Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code,    an employee of a
government entity may, at the disposal facility, inspect and copy
records related to tonnage received at the facility  on or after
July 1, 2015,  and originating within  its 
 the government entity's  geographic jurisdiction. Those
records shall  include   be limited to 
weight tags that identify the hauler, vehicle, quantity, date, type,
and origin of waste  disposed of   received
 at a  landfill.   disposal facility. 
Those records shall be available to those government entities for
the purposes of subdivision (a) and as necessary to  fund
their local programs.   enforce the collection of local
fees, but those records shall be confidential and shall not be
subject to disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code   ).  Names of haulers using
specific landfills shall not be disclosed by a government entity
unless necessary as part of an administrative or judicial enforcement
proceeding to fund local programs or enforce local franchises.
   (3) A government entity may petition the superior court for
injunctive or declaratory relief to enforce its authority under
paragraph (2). The times for responsive pleadings and hearings in
these proceedings shall be set by the judge of the court with the
object of securing a decision as to these matters at the earliest
possible time.
   (4) For purposes of this section, a government entity is an entity
identified in Section 40145 or an entity formed pursuant to Section
40976. 
   (5) For purposes of this subdivision, "disposal" and "disposal
facility" have the same meanings as prescribed by Sections 40120.1
and 40121, respectively.  
   (6) Nothing in this subdivision shall be construed to limit or
expand the authority of a government entity that may have been
provided by this section and implementing regulations as they read on
December 31, 2015.  
   (7) The records subject to inspection and copying by the
department pursuant to paragraph (1) or by an employee of a
government entity pursuant to paragraph (2) may be redacted by the
operator before inspection to exclude confidential pricing
information contained in the records, such as contract terms and
conditions (including information on pricing, credit terms, volume
discounts, and other proprietary business terms), if the redacted
information is not information that is otherwise required to be
reported to the department. 
   (h) Notwithstanding the Uniform Electronic Transactions Act (Title
2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the
Civil Code), reports required by this section shall be submitted
electronically, using an electronic reporting format system
established by the department.
   (i) All records provided in accordance with this section shall be
subject to Section 40062.
  SEC. 2.  Section 41821.6 of the Public Resources Code is amended
and renumbered to read:
   41821.9.  To assist market development efforts by the department,
local agencies, and the private sector, the department shall use
existing data resources.
  SEC. 3.  Section 41821.6 is added to the Public Resources Code, to
read:
   41821.6.  In order to ensure that records required pursuant to
this article are properly maintained, in addition to inspecting all
 relevant  records, the department may conduct audits,
perform site inspections, observe facility operations, and otherwise
investigate the recordkeeping and reporting of persons subject to the
requirements of this article.  Any records, reports, notes,
studies, drawings, schematics, photographs, or trade secrets, as
defined in Section 3426.1 of the Civil Code, ob   tained,
produced, or created by the department in connection with or arising
from such audits, inspections, or   observations are
confidential and shall not be subject to disclosure under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code). 
  SEC. 4.  Section 41821.7 is added to the Public Resources Code, to
read:
   41821.7.  (a) The department may issue an administrative complaint
to any person on whom civil liability may be imposed pursuant to
this article. The complaint shall allege the acts or failures to act
that constitute the basis for liability and the amount of the
proposed civil liability. The complaint shall be served by personal
service or certified mail and shall inform the party so served that a
hearing shall be conducted within 60 days after the party has been
served, unless the party waives the right to a hearing.
   (b) If the party waives the right to a hearing, the department
shall issue an order setting liability in the amount proposed in the
complaint unless the department and the party have entered into a
settlement agreement, in which case the department shall issue an
order setting liability in the amount specified in the settlement
agreement. If the party has waived the right to a hearing or if the
department and the party have entered into a settlement agreement,
the order shall not be subject to review by any court or agency.
   (c) Any hearing required under this section shall be conducted by
an independent hearing officer according to the procedures specified
in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, except as otherwise specified in
this section.
  SEC. 5.  Section 41821.8 is added to the Public Resources Code, to
read:
   41821.8.  (a) Orders setting civil liability issued under this
 section   article  shall become effective
and final upon issuance thereof, and payment shall be made within 30
days of issuance. Copies of these orders shall be served by personal
service or by certified mail upon the party served with the complaint
and upon other persons who appeared at the hearing and requested a
copy.
   (b) Within 30 days after service of a copy of a decision, any
person so served may file with the superior court a petition for writ
of mandate for review of the decision. Any person who fails to file
the petition within the 30-day period may not challenge the
reasonableness or validity of a decision or order of the hearing
officer in any judicial proceedings brought to enforce the decision
or order or for other remedies.
   (c) Except as otherwise provided in this section, Section 1094.5
of the Code of Civil Procedure governs any proceedings conducted
pursuant to this subdivision.
   (d) This section does not prohibit the court from granting any
appropriate relief within its jurisdiction.
   (e) All penalties collected under this article shall be deposited
in the Integrated Waste Management Account created pursuant to
Section 48001.