California Legislature—2015–16 Regular Session

Assembly Bill No. 1377

Introduced by Assembly Member Thurmond

February 27, 2015

An act to amend Section 41781.3 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1377, as introduced, Thurmond. Solid waste: recycling: diversion: green material.

The 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. Existing law governs the use of solid waste as alternative daily cover in the construction and operation of a solid waste landfill, including the determination of what constitutes diversion through recycling rather than disposal. Existing law provides for the department to adopt regulations in this regard.

This bill would delete obsolete provisions relating to the adoption of regulations.

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

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) Commencing January 1, 2020, the use of green 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, a local jurisdiction that, as
a result of not being able to claim diversion for the use of green
material as alternative daily cover, does not meet the requirements
of Section 41780 shall, in the next annual report required pursuant
to Section 41821, identify and address barriers to recycling green
material and, if sufficient capacity at facilities that recycle green
material is not expected to be operational before the jurisdiction’s
next review pursuant to Section 41825, include a plan to address
those barriers that are within the control of the local jurisdiction.

(C) 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 subparagraph (A) of paragraph (2) and divert
green material that is being used as alternative daily cover.

(b)  begin delete Before December 31, 1997, pursuant end delete begin insert Pursuant end insert 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.

begin delete

(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)

end delete

begin insert (c) end insert  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.

begin delete

(e)

end delete

begin insert (d) end insert  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.

begin delete

(f)

end delete

begin insert (e) end insert  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.

begin delete

(g)

end delete

begin insert (f) end insert  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.