Amended in Senate August 9, 2016

Amended in Assembly April 13, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2396


Introduced by Assembly Member McCarty

February 18, 2016


An act to amend Section 42926 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 2396, as amended, McCarty. Solid waste: annual reports.

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 state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on or before May 1 of each year.

This bill would require each state agency to include in that annual report a summary of the state agency’s compliance with specified requirements relating to recycling commercial solid waste and organic waste.

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This bill would incorporate additional changes in Section 42926 of the Public Resources Code proposed by AB 2812 that would become operative only if AB 2812 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

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

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

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SECTION 1.  

Section 42926 of the Public Resources Code is
2amended to read:

3

42926.  

(a) In addition to the information provided to the
4department pursuant to Section 12167.1 of the Public Contract
5Code, each state agency shall submit an annual report to the
6department summarizing its progress in reducing solid waste as
7required by Section 42921. The annual report shall be due on or
8before May 1, 2012, and on or before May 1 in each subsequent
9year. The information in this report shall encompass the previous
10calendar year.

11(b) Each state agency’s annual report to the department shall,
12at a minimum, include all of the following:

13(1) Calculations of annual disposal reduction.

14(2) Information on the changes in waste generated or disposed
15of due to increases or decreases in employees, economics, or other
16factors.

17(3) A summary of progress made in implementing the integrated
18waste management plan.

19(4) The extent to which the state agency intends to utilize
20programs or facilities established by the local agency for the
21handling, diversion, and disposal of solid waste. If the state agency
22does not intend to utilize those established programs or facilities,
23the state agency shall identify sufficient disposal capacity for solid
24waste that is not source reduced, recycled, or composted.

25(5) A summary of the state agency’s compliance with Chapter
2612.8 (commencing with Section 42649) and Chapter 12.9
27(commencing with Section 42649.8), if applicable.

28(6) Other information relevant to compliance with Section
2942921.

30(c) The department shall use, but is not limited to the use of,
31the annual report in the determination of whether the agency’s
32integrated waste management plan needs to be revised.

33(d) For purposes of this section, the meaning of “state agency”
34does not include a district agricultural association, as defined in
35Section 3951 of the Food and Agricultural Code.

36begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 42926 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
37amended to read:end insert

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42926.  

(a) In addition to the information provided to the
2department pursuant to Section 12167.1 of the Public Contract
3Code, each state agency shall submit an annual report to the
4department summarizing its progress in reducing solid waste as
5required by Section 42921. The annual report shall be due on or
6before Maybegin delete 1, 2012, and on or before May 1 in each subsequentend delete
7begin insert 1 of eachend insert year. The information in this report shall encompass the
8previous calendar year.

9(b) begin deleteEach end deletebegin insertA end insertstate agency’s annual report to the department shall,
10at a minimum, include all of the following:

11(1) Calculations of annual disposal reduction.

12(2) Information on the changes in waste generated or disposed
13of due to increases or decreases in employees, economics, or other
14factors.

15(3) A summary of progress made in implementing the integrated
16waste management plan.

17(4) The extent to which the state agency intends to utilize
18programs or facilities established by the local agency for the
19handling, diversion, and disposal of solid waste. If the state agency
20does not intend to utilize those established programs or facilities,
21the state agency shall identify sufficient disposal capacity for solid
22waste that is not source reduced, recycled, or composted.

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23
(5) A summary of the state agency’s compliance with the
24requirements specified in subdivisions (c) and (d) of Section
2542924.5.

end insert
begin insert

26
(6) A summary of the state agency’s compliance with Chapter
2712.8 (commencing with Section 42649) and Chapter 12.9
28(commencing with Section 42649.8), if applicable.

end insert
begin delete

29(5)

end delete

30begin insert(7)end insert Other information relevant to compliance with Section
3142921.

32(c) The department shall use, but is not limited to the use of,
33the annual report in the determination of whether the agency’s
34integrated waste management plan needs to be revised.

35(d) For purposes of this section, the meaning of “state agency”
36does not include a district agricultural association, as defined in
37Section 3951 of the Food and Agricultural Code.

38begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
39Section 42926 of the Public Resources Code proposed by both this
40bill and AB 2812. It shall only become operative if (1) both bills
P4    1are enacted and become effective on or before January 1, 2017,
2(2) each bill amends Section 42926 of the Public Resources Code,
3and (3) this bill is enacted after AB 2812, in which case Section 1
4of this bill shall not become operative.

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