BILL NUMBER: AB 1377 INTRODUCED
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
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
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
(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
(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.
Before December 31, 1997, pursuant
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
(c) 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.
(d) 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
(e) 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.
(f) 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.