BILL NUMBER: AB 54 CHAPTERED 10/04/93 BILL TEXT CHAPTER 663 FILED WITH SECRETARY OF STATE OCTOBER 4, 1993 APPROVED BY GOVERNOR OCTOBER 1, 1993 PASSED THE ASSEMBLY SEPTEMBER 8, 1993 PASSED THE SENATE SEPTEMBER 1, 1993 AMENDED IN SENATE AUGUST 27, 1993 INTRODUCED BY Assembly Member Sher DECEMBER 17, 1992 An act to amend Section 26057 of the Financial Code, to amend Section 18909 of the Health and Safety Code, and to amend Sections 40507, 41730, 41731, 41732, 41734, 41750.1, 41760, 41783, 42621, 42790, 42791, 42850, 44004, 44800.5, and 45201 of, and to repeal and add Section 41825 of, the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 54, Sher. Solid waste. (1) Existing law, the California Integrated Waste Management Act of 1989, requires the California Integrated Waste Management Board to file an annual report of specified content regarding administration of the act with the Legislature. The act requires the board to develop model programs and materials to assist rural counties and cities in complying with specified requirements of the act. This bill would require the board to include in the annual report a report on the development of those programs and materials and recommendations for providing technical assistance to rural counties and cities, as specified. (2) The act requires each county to prepare and submit to the board a countywide integrated waste management plan, including specified county and city elements. The act requires the plan and any plan amendment to be approved by the counties and by the cities within the counties, as specified, with the exception of the source reduction and recycling element. This bill would also except from that approval the household hazardous waste element and the nondisposal facility element. (3) Existing law, with certain exceptions, including the Department of Commerce, requires licensure of defined commercial finance lenders. This bill would also exempt the board from licensure as a commercial finance lender. (4) Existing law requires the Department of Housing and Community Development and the State Fire Marshal to adopt and submit building standards for approval by the State Building Standards Commission and publication in the California Building Standards Code. This bill would exclude from the definition of building standards for these purposes any regulation adopted by the board. (5) The bill would make clarifying and technical changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 26057 of the Financial Code is amended to read: 26057. This division does not apply to the Department of Commerce or the California Integrated Waste Management Board. SEC. 2. Section 18909 of the Health and Safety Code is amended to read: 18909. (a) "Building standard" means any rule, regulation, order, or other requirement, including any amendment or repeal of that requirement, which specifically regulates, requires, or forbids the method of use, properties, performance, or types of materials used in the construction, alteration, improvement, repair, or rehabilitation of a building, structure, factory-built housing, or other improvement to real property, including fixtures therein, and as determined by the commission. (b) Except as provided in subdivision (d), "building standard" includes architectural and design functions of a building or structure, including, but not limited to, number and location of doors, windows, and other openings, stress or loading characteristics of materials, and methods of fabrication, clearances, and other functions. (c) "Building standard" includes a regulation or rule relating to the implementation or enforcement of a building standard not otherwise governed by statute, but does not include the adoption of procedural ordinances by a city or other public agency relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations. (d) "Building standard" does not include any safety regulations which any state agency is authorized to adopt relating to the operation of machinery and equipment used in manufacturing, processing, or fabricating, including, but not limited to, warehousing and food processing operations, but not including safety regulations relating to permanent appendages, accessories, apparatus, appliances, and equipment attached to the building as a part thereof, as determined by the commission. (e) "Building standard" does not include temporary scaffoldings and similar temporary safety devices and procedures, which are used in the erection, demolition, moving, or alteration of buildings. (f) "Building standard" does not include any regulation relating to the internal management of a state agency. (g) "Building standard" does not include any regulation, rule, order, or standard which pertains to mobilehomes, manufactured homes, commercial coaches, special purpose commercial coaches, or recreational vehicles. (h) "Building standard" does not include any regulation, rule, or order or standard which pertains to a mobilehome park, recreational vehicle park, temporary recreational vehicle park, or travel trailer park, except that "building standard" includes the construction of permanent buildings and plumbing, electrical, and fuel gas equipment and installations within permanent buildings in mobilehome parks, recreational vehicle parks, temporary recreational vehicle parks, or travel trailer parks. For purposes of this subdivision, "permanent building" means any permanent structure constructed in the mobilehome park, recreational vehicle park, temporary recreational vehicle park, or travel trailer park which is a permanent facility under the control and ownership of the park operator. (i) "Building standard" does not include any regulation, rule, order, or standard which pertains to mausoleums regulated under Part 5 (commencing with Section 9501) of Division 8. (j) "Building standard" does not include any regulation adopted by the California Integrated Waste Management Board, the Department of Toxic Substances Control, or the State Water Resources Control Board concerning the discharge of waste to land or the treatment, transfer, storage, resource recovery, disposal, or recycling of the waste. SEC. 3. Section 40507 of the Public Resources Code is amended to read: 40507. The board shall file an annual report with the Legislature on or before March 31, 1992, and on or before March 31 of each year thereafter. The report shall summarize progress achieved by the board in implementing, or assisting in the implementation of, programs established pursuant to this division and shall include all of the following: (a) A review of the board's administrative policies and management structure to determine whether or not administrative, budgetary, or statutory changes are needed to ensure the most effective and efficient implementation of this division. (b) A description of actions taken and progress made by the board to implement this division and to further the goals and objectives of this division as set forth in Article 1 (commencing with Section 40000) and Article 2 (commencing with Section 40050) of Chapter 1. (c) A review of all statutory deadlines established for the board under this division and a status report on board actions taken to comply with these deadlines. (d) A review of market development strategies undertaken by the board pursuant to this division to ensure that markets exist for materials diverted from solid waste facilities, and recommendations for administrative and legislative actions which will promote expansion of those markets. For the report due to be submitted to the Legislature on or before March 31, 1993, recommendations developed pursuant to this subdivision shall include, but not be limited to, all of the following: (1) Recommendations for actions to develop more direct liaisons with private manufacturing industries in the state to promote increased utilization of recycled feedstock in manufacturing processes. (2) Recommendations for actions which can be taken to assist local governments in the inclusion of recycling activities in county overall economic development plans. (3) Recommendations for actions to utilize available financial resources for expansion of recycling industry capacity. (4) Recommendations to improve state, local, and private industry product and material procurement practices. (e) A review of actions taken by the board to better educate and inform individuals and public and private sector entities who generate solid waste on the importance of source reduction, recycling, and composting of solid waste, and recommendations for administrative or legislative actions which will better inform and educate these parties. (f) (1) For the report due to be submitted to the Legislature on or before March 31, 1993, a review of actions which have been taken, or will be taken, by the board to promote source reduction as defined in Section 40196, and recommendations for legislation which will promote source reduction on a statewide basis. Recommendations for source reduction developed pursuant to this subdivision shall include, but not be limited to, all of the following: (A) Recommendations for actions to improve packaging and product design to reduce use of excess packaging or materials. (B) Recommendations for the development and implementation of product durability standards. (C) Recommendations for increasing recycled feedstock use. (D) Recommendations for reducing toxicity of packaging and products. (2) The board may enter into a contract with a consulting firm to prepare the recommendations required by this subdivision. (g) A review of the effectiveness of those provisions of the Revenue and Taxation Code which provide tax credits and deductions to individuals and businesses to promote more effective implementation of this division and recommendations for improvements to those provisions which will further the implementation of this division. (h) Beginning with the report due to be submitted to the Legislature on or before March 31, 1994, and annually thereafter, the board shall report on the effectiveness of the programs developed pursuant to Sections 40912, 40913, and 40914. (i) Recommendations, with proposed implementing regulations, for providing technical assistance to counties and cities that meet the criteria specified in Section 41782, so that those counties and cities will be able to meet the objectives of this division. The recommendations shall, among other things, address the following matters: (1) Assistance in developing methods of raising revenue at the local level to fund rural integrated waste management programs. (2) Assistance in developing alternative methods of source reduction, recycling, and composting of solid waste suitable for rural local governments. SEC. 4. Section 41730 of the Public Resources Code is amended to read: 41730. Except as provided in Section 41750.1, each city shall prepare, adopt, and , except for a city and county, transmit to the county in which the city is located a nondisposal facility element which includes all of the information required by this chapter and which is consistent with the implementation of a city source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any amendments to the element shall be appended to the city's source reduction and recycling element when that element is included in the countywide integrated waste management plan, prepared pursuant to Section 41750. The nondisposal facility element and any amendments to the element shall not be subject to the approval of the county and the majority of cities with the majority of the population in the incorporated area. SEC. 5. Section 41731 of the Public Resources Code is amended to read: 41731. Except as provided in Section 41750.1, each county shall prepare, adopt, and , except for a city and county, transmit to the cities located in the county a nondisposal facility element which includes all of the information required by this chapter and which is consistent with the implementation of a county source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any amendments to the element shall be appended to the county's source reduction and recycling element when that element is included in the countywide integrated waste management plan prepared pursuant to Section 41750. The nondisposal facility element and any amendments to the element shall not be subject to the approval of the majority of cities with the majority of the population in the incorporated area. SEC. 6. Section 41732 of the Public Resources Code is amended to read: 41732. (a) City, county, and regional agency nondisposal facility elements prepared pursuant to Section 41730 , 41731, or 41750.1, as the case may be, shall include a description of any new solid waste facilities and the expansion of existing solid waste facilities that will be needed to implement the jurisdiction's source reduction and recycling element and to thereby meet the diversion requirements of Section 41780. The nondisposal facility element may include the identification of specific locations or general areas for new solid waste facilities that will be needed to implement the jursidiction's source reduction and recycling element. (b) In complying with the requirements of subdivision (a), the jurisdiction shall utilize the pertinent information which is available to it at the time that the nondisposal facility element is prepared. SEC. 7. Section 41734 of the Public Resources Code is amended to read: 41734. (a) (1) Prior to adopting or amending a nondisposal facility element, the city, county, or regional agency shall submit the element or amendment to the task force created pursuant to Section 40950 for review and comment. (2) Prior to adopting or amending a regional agency nondisposal facility element, if the jurisdiction of the regional agency extends beyond the boundaries of a single county, the regional agency shall submit the element or amendment for review and comment to each task force created pursuant to Section 40950 of each county within the jurisdiction of the regional agency. (b) Comments by the task force shall include an assessment of the regional impacts of potential diversion facilities and shall be submitted to the city , county, or regional agency and to the board within 90 days of the date of receipt of the nondisposal facility element for review and comment. SEC. 8. Section 41750.1 of the Public Resources Code is amended to read: 41750.1. Notwithstanding the requirements of Section 41750 for the preparation and submittal of countywide integrated waste management plans, the following requirements shall apply to the submittal of integrated waste management plans where a regional agency has been formed: (a) For a regional agency composed of jurisdictions that do not extend beyond the boundaries of a single county, the countywide integrated waste management plan shall include all of the following: (1) The source reduction and recycling elements for the cities and the county which are member agencies of the regional agency or the source reduction and recycling element for the regional agency. (2) The source reduction and recycling elements for all cities which are not member agencies of the regional agency, and the source reduction and recycling element for the unincorporated area if the county is not a member agency of the regional agency. (3) The household hazardous waste elements for the cities and the county which are member agencies of the regional agency or the household hazardous waste element for the regional agency. (4) The household hazardous waste elements for all cities which are not a member agency of the regional agency, and the household hazardous waste element for the unincorporated area if the county is not a member agency of the regional agency. (5) The countywide siting element. (6) The nondisposal facility elements for the cities and the county which are member agencies of the regional agency or the nondisposal facility element for the regional agency. (7) The nondisposal facility elements for all cities which are not member agencies of the regional agency, and the nondisposal facility element for the unincorporated area if the county is not a member agency of the regional agency. (b) For a regional agency composed of two or more counties and all cities within those counties, an integrated waste management plan shall include all of the following: (1) The source reduction and recycling elements for the cities and counties which are member agencies of the regional agency or the source reduction and recycling element for the regional agency. (2) The household hazardous waste elements for the cities and counties which are member agencies of the regional agency or the household hazardous waste element for the regional agency. (3) The countywide siting elements for the counties within the jurisdiction of the regional agency or a siting element for the regional agency. (4) The nondisposal facility elements for the cities and counties which are member agencies of the regional agency or the nondisposal facility element for the regional agency. (c) For a regional agency composed of more than one county, but which does not encompass all of the cities within those counties, the integrated waste management plan shall include the source reduction and recycling element and the household hazardous waste element for the regional agency. SEC. 9. Section 41760 of the Public Resources Code is amended to read: 41760. The countywide integrated waste management plan and any amendments thereto, with the exception of any source reduction and recycling element, household hazardous waste element, or nondisposal facility element, prepared by a city or county, shall be approved by the county and by a majority of the cities within the county which contain a majority of the population of the incorporated areas of the county, except in those counties which have only two cities, in which case the plan is subject to the approval of the city which contains a majority of the population of the incorporated areas of the county. Each city shall act upon the plan and any proposed amendment within 90 days after receipt of the amendment. If a city fails to act upon the plan or the proposed amendment within 90 days after receiving the plan or the amendment, the city shall be deemed to have approved the plan or the amendment as submitted. SEC. 10. Section 41783 of the Public Resources Code is amended to read: 41783. For any city , county, or regional agency source reduction and recycling element submitted to the board after January 1, 1995, the 50 percent diversion requirement specified in paragraph (2) of subdivision (a) of Section 41780 may include not more than 10 percent through transformation, as defined in Section 40201, if all of the following conditions are met: (a) The transformation project is in compliance with Sections 21151.1 and 44150 of this code and Section 42315 of the Health and Safety Code. (b) The transformation project uses front-end methods or programs to remove all recyclable materials from the waste stream prior to transformation to the maximum extent feasible. (c) The ash or other residue generated from the transformation project is routinely tested at least once a month, and, notwithstanding Section 25143.5 of the Health and Safety Code, if hazardous wastes are present, the ash or residue is sent to a class 1 hazardous waste disposal facility. (d) The board holds a public hearing in the city , county, or regional agency jurisdiction within which a transformation project is proposed, and, after the public hearing, the board makes both of the following findings, based upon substantial evidence on the record: (1) The city , county, or regional agency is, and will continue to be, effectively implementing all feasible source reduction, recycling, and composting measures. (2) The transformation project will not adversely affect public health and safety or the environment. SEC. 11. Section 41825 of the Public Resources Code, as added by Section 22 of Chapter 1095 of the Statutes of 1989, and amended by Section 12 of Chapter 1406 of the Statutes of 1990, is repealed. SEC. 12. Section 41825 of the Public Resources Code, as added by Section 1 of Chapter 1634 of the Statutes of 1990, is repealed. SEC. 13. Section 41825 is added to the Public Resources Code, to read: 41825. At least once every two years, the board shall review each city, county, or regional agency source reduction and recycling element and household hazardous waste element. If, after a public hearing, which, to the extent possible, is held in the local or regional agency's jurisdiction, the board finds that the city, county, or regional agency has failed to implement its source reduction and recycling element or its household hazardous waste element, the board shall issue an order of compliance with a specific schedule for achieving compliance. SEC. 14. Section 42621 of the Public Resources Code is amended to read: 42621. The board shall develop and implement a source reduction and recycling program for school districts which shall include, but not be limited to, all of the following elements: (a) A survey of school districts throughout the state to determine which districts already have source reduction and recycling programs and which districts need those programs. (b) Development of a model waste reduction and recycling program for school districts. (c) Providing training for school districts on how to implement source reduction and recycling programs. (d) Providing ongoing technical and informational assistance for school districts implementing source reduction and recycling programs. (e) Establishment of a repository of literature and teaching materials from other states and institutions which have instituted source reduction and recycling programs for their waste stream. (f) Determining the types of equipment needed by school districts to implement source reduction recycling programs. (g) Providing assistance to school districts in locating markets for their reusable or recyclable materials. (h) Disseminating information to school districts on office equipment and other items which are made from recycled materials and which are available for purchase by school districts. SEC. 15. Section 42790 of the Public Resources Code is amended to read: 42790. Any person who violates Article 3 (commencing with Section 42770) is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000). SEC. 16. Section 42791 of the Public Resources Code is amended to read: 42791. In addition to Section 42790, any person who violates Article 3 (commencing with Section 42770) may be assessed a civil penalty by the board of not more than one thousand dollars ($1,000) for each violation, pursuant to notice and hearing. Any civil penalties received pursuant to this subdivision shall be deposited in a separate account in the fund and, upon appropriation by the Legislature, shall be used by the board for the administration of this division. SEC. 17. Section 42850 of the Public Resources Code is amended to read: 42850. (a) Any person who intentionally or negligently violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, is liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (b) Liability under this section may be imposed in a civil action or liability may be imposed administratively pursuant to this article. SEC. 18. Section 44004 of the Public Resources Code is amended to read: 44004. (a) No operator of a solid waste facility shall make a significant change in the design or operation of any solid waste facility except in conformance with the terms and conditions in an approved solid waste facilities permit or revised solid waste facilities permit issued by the local enforcement agency, or by the board acting as the enforcement agency, to the operator. (b) If the operator wishes to modify the design or operation of a solid waste facility, the operator shall file an application for revision of the existing solid waste facilities permit with the enforcement agency. The application shall be filed at least 120 days in advance of the date when the proposed modification is to take place. (c) Under circumstances which present an immediate danger to the public health and safety or to the environment, as determined by the enforcement agency, the 120-day filing period may be waived. SEC. 19. Section 44800.5 of the Public Resources Code is amended to read: 44800.5. When the board acts as the enforcement agency, all hearings required to be conducted shall be conducted by a hearing panel of three persons appointed by the chairperson of the board. SEC. 20. Section 45201 of the Public Resources Code is amended to read: 45201. Any attorney authorized to act on behalf of the board may petition the superior court to impose, assess, and recover the civil penalties authorized by Section 45200. Any penalties recovered pursuant to this section shall be paid to the board or to the local enforcement agency, whichever is represented by the attorney bringing the action. Any penalties paid to the local enforcement agency shall be deposited into a trust account to be used exclusively to pay the costs of supporting the local enforcement agency in carrying out its responsibilities under this division and any penalties paid to the board shall be deposited in the fund.