BILL NUMBER: AB 688 CHAPTERED 09/30/94 BILL TEXT CHAPTER 1227 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1994 APPROVED BY GOVERNOR SEPTEMBER 30, 1994 PASSED THE ASSEMBLY AUGUST 31, 1994 PASSED THE SENATE AUGUST 30, 1994 AMENDED IN SENATE AUGUST 29, 1994 AMENDED IN SENATE AUGUST 27, 1994 AMENDED IN SENATE AUGUST 8, 1994 AMENDED IN ASSEMBLY JANUARY 18, 1994 AMENDED IN ASSEMBLY JANUARY 5, 1994 INTRODUCED BY Assembly Member Sher FEBRUARY 23, 1993 An act to amend Sections 40201, 40973, 41781.2, 41783, 41800, 41801, 41801.5, 41810, 41813, 41821.5, 41825, 41850, 42310.1, and 48000 of, and to add Sections 40106, 40183, 40184, 41783.1, 41810.1, and 41850.5 to, to add Article 1.5 (commencing with Section 41787) to Chapter 6 of Part 2 of Division 30 of, to add Chapter 5 (commencing with Section 44820) to Part 4 of Division 30 of, to repeal Section 40914 of, and to repeal and add Section 41782 of, the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 688, Sher. Solid waste: planning: diversion requirements. (1) Under existing law, the California Integrated Waste Management Act of 1989, the California Integrated Waste Management Board is authorized to reduce specified solid waste diversion requirements of the act if a city or county demonstrates, and the board concurs, that the achievement of the diversion requirements is not feasible due to specified circumstances, including the small geographic size or low population density of the city or county. This bill would repeal those provisions, and would instead authorize the board to reduce the diversion requirements for a rural city, as defined, a rural county, as defined, and a rural regional agency under prescribed conditions, and would make clarifying changes in those provisions. The bill would authorize the board, notwithstanding specified provisions, to grant a 2-year time extension from the diversion requirements to a rural city, rural county, or rural regional agency if specified conditions are met. (2) The act requires, to the extent practicable, disposal facility operators to submit to counties specified information from periodic tracking surveys on the disposal tonnages by jurisdiction or region of origin, which are disposed of at each facility, and requires counties to submit periodic reports to cities within the county and to the regional agency of which it is a member agency, and to the board, on the amounts of waste disposed by jurisdiction or region of origin, as specified. This bill would authorize the board to make adjustments in the amounts reported pursuant to those provisions, if the jurisdiction demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to specified circumstances. (3) The act provides that, for any city, county, or regional agency source reduction and recycling element submitted to the board after January 1, 1995, the 50% diversion requirement may include not more than 10% through transformation, as defined, if specified conditions are met, including a public hearing conducted by the board, in the city, county, or regional agency within which a transformation project is proposed. Any violation of the planning requirements of the act is a misdemeanor. This bill would revise those conditions to additionally require any facility where that transformation occurs to be permitted and operating on or before January 1, 1995. The bill would define "biomass conversion" as the controlled combustion of specified materials, when separated from other solid waste and used for producing electricity or heat, and would revise the definition of transformation to exclude biomass conversion. The bill would provide that, for any city, county, or regional agency source reduction and recycling element submitted to the board on or after January 1, 1995, the 50% diversion requirement may not include more than 10% through biomass conversion, if specified conditions are met. (4) The act authorizes a city or county to form a regional agency with another city or county for the purpose of complying with the planning requirements of the act. The act makes a regional agency which has been specified in the regional agency formation agreement as the responsible party for compliance with the diversion requirements or any member of the regional agency ineligible for a reduction in the diversion requirements. This bill would repeal those provisions making a regional agency ineligible for a reduction in the diversion requirements, and would instead authorize the board to reduce the diversion requirements for a rural regional agency, if the agency demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to specified circumstances. (5) The act requires the board, within 120 days of receiving a city source reduction and recycling element or a countywide or regional integrated waste management plan, to determine whether the element or plan complies with specified requirements of the act, and based on that determination, to approve or disapprove the element or plan. This bill would include in those provisions any element of the plan, give the board the option of conditionally approving a plan or element, and would make clarifying changes in those provisions. The bill would require the board, if the board conditionally approves a countywide or regional integrated waste management plan, or any element of a plan, to issue a notice of conditional approval to the city, county, or regional agency identifying the specific reasons for the conditional approval, along with specific recommendations on how to correct the deficiencies in the plan or element. The bill would require any city, county, or regional agency which receives a notice of conditional approval, within 60 days of receiving the notice of conditional approval, to submit a compliance schedule to the board that demonstrates how the city, county, or regional agency will correct the deficiencies identified in the notice of conditional approval by the earliest possible date, but in no event beyond 1 year from the date the conditional approval was issued, thereby imposing a state-mandated local program by creating a new crime for failure to submit the compliance schedule and by imposing new duties on local agencies. The bill would authorize the board, if it determines, based on substantial evidence in the record, that a city, county, or regional agency is not in substantial compliance with an approved compliance schedule, to revoke the notice of conditional approval. (6) Under the act, the board is authorized to impose administrative civil penalties on any city or county which fails to submit an adequate element or plan or which fails to implement its source reduction and recycling element or household hazardous waste element. This bill would specify circumstances under which the board is not to impose penalties against a city or county, and would define, for purposes of those provisions, "good faith effort." The bill would require any civil penalty imposed pursuant to these and other related provisions to be deposited in the Local Government Assistance Account, which this bill would create in the Integrated Waste Management Fund, and would require those funds to be used for specified purposes. (7) The act requires any manufacturer of a product packaged in a rigid plastic packaging container, as defined, on or before January 1, 1995, to make a specified reporting to the board and, on or before January 1, 1996, to diligently seek one or more "nonobjection letters" from the United States Food and Drug Administration which will permit the manufacturer to use recycled plastic in the manufacture of rigid plastic packaging containers for use with food or cosmetics, defined as specified. This bill would specify that every manufacturer of a product packaged in a rigid plastic packaging container that is manufactured for use with food or cosmetics is required to make that reporting and to seek one or more "nonobjection letters." (8) The bill would require the board to adopt, by regulation, a permitting, inspection, and enforcement program for the disposal of asbestos containing waste, as defined, at any solid waste facility or disposal site regulated pursuant to specified provisions of the act. The bill would require, on or before March 1, 1995, or on the earliest feasible date thereafter, for the board and the Department of Toxic Substances Control to enter into a specified memorandum of understanding that defines the enforcement duties of each agency at those sites. The bill would require any regulations adopted by the board to implement this program to be deemed emergency regulations, as specified. (9) The act requires each operator of a disposal facility in the state to pay a quarterly fee to the State Board of Equalization, as specified, for all waste disposed of at each disposal site. This bill would delete obsolete provisions in those provisions. (10) The bill would prescribe other related matters. (11) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 40106 is added to the Public Resources Code, to read: 40106. (a) "Biomass conversion" means the controlled combustion, when separated from other solid waste and used for producing electricity or heat, of the following materials: (1) Agricultural crop residues. (2) Bark, lawn, yard, and garden clippings. (3) Leaves, silvicultural residue, and tree and brush pruning. (4) Wood, wood chips, and wood waste. (b) "Biomass conversion" does not include the controlled combustion of pulp or paper materials, or materials which contain sewage sludge, industrial sludge, medical waste, hazardous waste, or either high-level or low-level radioactive waste. SEC. 2. Section 40183 is added to the Public Resources Code, to read: 40183. "Rural city" means either of the following: (a) An incorporated city which has a geographic area of less than three square miles, has a waste generation rate of less than 100 cubic yards per day, or 60 tons per day, and which is located in a rural area. (b) An incorporated city which has a population density of less than 1,500 people per square mile, has a waste generation rate of less than 100 cubic yards per day, or 60 tons per day, which is located in a rural area. (c) Nothing in this section shall affect any reduction granted to a rural city or rural county by the board pursuant to Section 41787 prior to September 1, 1994. SEC. 3. Section 40184 is added to the Public Resources Code, to read: 40184. (a) "Rural county" means any county which has a population of 200,000 or less and which is located in a rural area. (b) For the purposes of this section and Section 40183, the board shall adopt regulations that define "rural area" in a manner that establishes criteria and conditions applicable only to cities and counties located in those areas of the state that are rural in character. Those criteria shall include, but are not limited to, the requirement that those cities and counties are located in agricultural or mountainous areas of the state and are geographically distant from markets for recyclable materials. (c) Nothing in this section shall affect any reduction granted to a rural city or rural county by the board pursuant to Section 41787 prior to September 1, 1994. SEC. 4. Section 40201 of the Public Resources Code is amended to read: 40201. "Transformation" means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. "Transformation" does not include composting or biomass conversion. SEC. 5. Section 40914 of the Public Resources Code is repealed. SEC. 6. Section 40973 of the Public Resources Code is amended to read: 40973. (a) The regional agency, and not the cities or counties which are member agencies of the regional agency, may be responsible for compliance with Article 1 (commencing with Section 41780) of Chapter 6 if specified in the agreement pursuant to which the regional agency is formed. (b) Notwithstanding Section 41782, except as provided in subdivision (c), if a regional agency has been specified in the regional agency formation agreement as the responsible party for compliance with Article 1 (commencing with Section 41780) of Chapter 6 of Part 1, neither the regional agency nor any member jurisdiction of the regional agency shall be eligible for a reduction of the diversion requirements of Section 41780. (c) If all member jurisdictions of a regional agency are rural cities or rural counties, as defined, respectively, in Sections 40183 and 40184, the regional agency may be eligible for a reduction of the diversion requirements of Section 41780. (d) (1) If, pursuant to subdivision (a), a regional agency is specified in the regional agency formation agreement as the responsible party for compliance with Article 1 (commencing with Section 41780) of Chapter 6, the regional agency shall not be comprised of more than two counties and all of the cities within those two counties, except as otherwise authorized by the board. (2) The board may authorize the formation of a regional agency that exceeds two counties and all of the cities within those two counties, for purposes of compliance with Article 1 (commencing with Section 41780) of Chapter 6, if the board finds that the formation of such a regional agency will not adversely affect compliance with this part. SEC. 7. Section 41781.2 of the Public Resources Code is amended to read: 41781.2. (a) (1) It is the intent of the Legislature in enacting this section not to require cities, counties, and regional agencies to revise source reduction and recycling elements prior to their submittal to the board for review and approval, except as the elements would otherwise be required to be revised by the board pursuant to this part. Pursuant to Sections 41801.5 and 41811.5, compliance with this section shall be determined by the board when source reduction and recycling elements are submitted to the board pursuant to Section 41791.5. However, any city or county may choose to revise its source reduction and recycling element or any of its components prior to board review of the source reduction and recycling element for the purpose of complying with this section. (2) It is further the intent of the Legislature in enacting this section to ensure that compliance with the diversion requirements of Section 41780 shall be accurately determined based upon a correlation between solid waste which was disposed of at permitted disposal facilities and diversion claims which are subsequently made for that solid waste. (b) For the purposes of this section, the following terms have the following meaning: (1) "Action by a city, county, regional, or local governing body" means franchise or contract conditions, rate or fee schedules, zoning or land use decisions, disposal facility permit conditions, or activities by a waste hauler, recycler, or disposal facility operator acting on behalf of a city, county, regional agency, or local governing body, or other action by the local governing body if the local government action is specifically related to the claimed diversion. (2) "Scrap metal" includes ferrous metals, nonferrous metals, aluminum scrap, other metals, and auto bodies, but does not include aluminum cans, steel cans, or bimetal cans. (3) "Inert solids" includes rock, concrete, brick, sand, soil, fines, asphalt, and unsorted construction and demolition waste. (4) "Agricultural wastes" includes solid wastes of plant and animal origin, which result from the production and processing of farm or agricultural products, including manures, orchard and vineyard prunings, and crop residues, which are removed from the site of generation for solid waste management. Agriculture refers to SIC Codes 011 to 0291, inclusive. (c) For purposes of determining the base amount of solid waste from which the diversion requirements of this article shall be calculated, "solid waste" does not include the diversion of agricultural wastes; inert solids, including inert solids used for structural fill; discarded, white-coated, major appliances; and scrap metals; unless all of the following criteria are met: (1) The city, county, or regional agency demonstrates that the material was diverted from a permitted disposal facility through an action by the city, county, or regional agency which specifically resulted in the diversion. (2) The city, county, or regional agency demonstrates that, prior to January 1, 1990, the solid waste which is claimed to have been diverted was disposed of at a permitted disposal facility in the quantity being claimed as diversion. If historical disposal data is not available, that demonstration may be based upon information available to the city, county, or regional agency which substantiates a reasonable estimate of disposal quantities which is as accurate as is feasible in the absence of historical disposal data. (3) The city, county, or regional agency is implementing, and will continue to implement, source reduction, recycling, and composting programs, as described in its source reduction and recycling element. (d) If a city, county, or regional agency source reduction and recycling element submitted pursuant to this chapter includes the diversion of any of the wastes specified in subdivision (c) for years preceding the year commencing January 1, 1990, that diversion shall not apply to the diversion requirements of Section 41780, unless the criteria in subdivision (c) are met. (e) If a city, county, or regional agency source reduction and recycling element submitted pursuant to this chapter does not contain information sufficient for the city, county, or regional agency to demonstrate to the board whether the criteria in subdivision (c) have been met, the city, county, or regional agency may provide additional information following board review of the source reduction and recycling element pursuant to Section 41791.5. In providing the additional information, Sections 41801.5 and 41811.5 shall apply. (f) In demonstrating whether the requirements of paragraph (1) of subdivision (c) have been met, the city, county, or regional agency shall submit information to the board on local government programs which are specifically related to the claimed diversion. (g) Notwithstanding any other provision of law, for purposes of determining the base amount of solid waste from which the diversion requirements of this article shall be calculated for a city, county, or regional agency which includes biomass conversion in its source reduction and recycling element pursuant to Section 41783.1, the base amount shall include those materials disposed of in the base year at biomass conversion facilities. SEC. 8. Section 41782 of the Public Resources Code is repealed. SEC. 9. Section 41782 is added to the Public Resources Code, to read: 41782. (a) The board may make adjustments to the amounts reported pursuant to subdivisions (a) and (c) of Section 41821.5, if the city, county, or regional agency demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements of Section 41780 is not feasible due to the fact that a medical waste treatment facility, as defined in subdivision (a) of Section 25025 of the Health and Safety Code, untreated medical waste, which was generated outside of the jurisdiction, for purposes of treatment, and the medical waste, when treated, becomes solid waste. (b) If the board makes an adjustment pursuant to subdivision (a), the annual report required pursuant to Section 41821 by the jurisdiction, within which a medical waste treatment facility described in subdivision (a) is located, shall include all of the following information: (1) The total amount of residual solid waste produced at the facility. (2) The waste types and amounts in the residual solid waste that cannot feasibly be diverted. (3) The factors that continue to prevent the waste types from being feasibly diverted. (4) Any changes since the petition for adjustment was granted or since the last annual report. (5) The additional efforts undertaken by the jurisdiction to divert the waste produced at the facility. (c) Based upon the information submitted pursuant to subdivision (b), if the board finds, as part of the biennial review pursuant to Section 41825, that the residual solid waste that previously could not be diverted can now be diverted, the board shall rescind the adjustment commensurate with the amount of diversion of the residual tonnages. 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 quarterly, or on a more frequent basis as determined by the agency responsible for regulating the testing and disposal of the ash or residue, 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 the 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. (e) The transformation facility is permitted and operational on or before January 1, 1995. (f) The city, county, or regional agency does not include biomass conversion, as authorized pursuant to Section 41783, in its source reduction and recycling element. SEC. 11. Section 41783.1 is added to the Public Resources Code, to read: 41783.1. (a) 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 biomass conversion if all of the following conditions are met: (1) The biomass conversion project exclusively processes biomass. (2) The biomass conversion project is in compliance with all applicable air quality laws, rules, and regulations. (3) The ash or other residue from the biomass conversion project is regularly tested to determine if it is hazardous waste and, if it is determined to be hazardous waste, the ash or other residue is sent to a class 1 hazardous waste disposal facility. (4) The board determines, at a public hearing, based upon substantial evidence in the record, that the city, county, or regional agency is, and will continue to be, effectively implementing all feasible source reduction, recycling, and composting measures. (5) The city, county, or regional agency does not include transformation, as authorized pursuant to Section 41783, in its source reduction and recycling element. SEC. 12. Article 1.5 (commencing with Section 41787) is added to Chapter 6 of Part 2 of Division 30 of the Public Resources Code, to read: Article 1.5. Rural Assistance 41787. (a) (1) The board may reduce the diversion requirements of Section 41780 for a rural city if the rural city demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to both of the following conditions: (A) The small geographic size or low population density of the rural city. (B) The small quantity of solid waste generated within the rural city. (2) The board may reduce the diversion requirements of Section 41780 for the unincorporated area of a rural county if the rural county demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to both of the following conditions: (A) The large geographic size or low population density of the rural county. (B) The small quantity of solid waste generated within the rural county. (3) The board may grant a reduction in diversion requirements pursuant to this subdivision only if the rural city or the rural county demonstrates to the board, and the board concurs, based on substantial evidence in the record, that it has, at a minimum, implemented all of the following programs: (A) A source reduction and recycling program designed to handle the predominant classes and types of solid waste generated within the rural city or rural county. (B) A public sector diversion and procurement program. (C) A public information and education program. (b) If, as part of the review performed pursuant to Section 41825, the board finds that a rural city or a rural county, which previously qualified for a reduction in diversion requirements pursuant to subdivision (a), is no longer eligible for that reduction, the board shall issue an order requiring the rural city or rural county to comply with the diversion requirements of Section 41780. 41787.1. (a) Rural cities and rural counties may join to form rural regional agencies pursuant to Article 3 (commencing with Section 40970) of Chapter 1. (b) A rural regional agency, and not the rural cities or rural counties which are member jurisdictions of the rural regional agency, may be responsible for compliance with Article 1 (commencing with Section 41780) of Chapter 6 if specified in the agreement pursuant to which the rural regional agency is formed. (c) (1) The board may reduce the diversion requirements of Section 41780 for a rural regional agency, if the rural regional agency demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible because adverse market or economic conditions beyond the control of the rural regional agency prevent it from meeting the requirements of Section 41780. (2) Before a rural regional agency may be granted a reduction in diversion requirements pursuant to paragraph (1), it shall demonstrate that, at a minimum, it has established all of the following regionwide programs: (A) A source reduction and recycling program or programs designed to handle the predominant classes and types of solid waste generated within the rural regional agency. (B) A regional diversion and procurement program or programs. (C) A regional public information and education program or programs. 41787.2. (a) A rural city or a rural county, which has received, or is eligible for, a reduction in diversion requirements pursuant to Section 41787, may become a member of a rural regional agency for the purpose of complying with the diversion requirements of Section 41780, in which case the region's maximum disposal tonnage allowable shall be calculated as follows: (1) Determining the regional maximum disposal tonnage allowable, excluding members with reduced diversion requirements. (2) Determining the maximum disposal tonnage allowable for those members authorized to meet reduced diversion requirements. (3) Adding the calculated maximum disposal tonnages determined pursuant to paragraphs (1) and (2) to determine the regional maximum disposal tonnage allowable. (b) (1) A rural regional agency may not assume responsibility for compliance with diversion requirements upon formation pursuant to subdivision (b) of Section 41787.1, and for compliance with Article 1 (commencing with Section 41780), if the rural regional agency is comprised of more than two rural counties, unless authorized by the board pursuant to paragraph (2). (2) The board may authorize the assumption of responsibility for compliance with diversion requirements by a rural regional agency upon formation, which is comprised of more than two rural counties, if the board finds that the rural regional agency's assumption of responsibility will not adversely affect compliance with this part. 41787.3. The board, in consultation with rural cities and rural counties, shall develop model programs and materials to assist rural cities and rural counties in complying with the requirements of Chapter 2 (commencing with Section 41000) and Chapter 3 (commencing with Section 41300). Those model programs and materials shall be designed to assist rural cities and rural counties in achieving the purposes of this division in a manner which minimizes, to the maximum extent feasible, the costs imposed on rural cities and rural counties to comply with this division. 41787.4. Notwithstanding Section 41820, the board may grant a two-year time extension from the diversion requirements of Section 41780 to a rural city, rural county, or rural regional agency if all of the following conditions are met: (a) The board adopts written findings, based on substantial evidence in the record, that adverse market or economic conditions beyond the control of the rural city, rural county, or rural regional agency prevent the rural city, rural county, or rural regional agency from meeting the diversion requirements. (b) The rural city, rural county, or rural regional agency submits a plan of correction that demonstrates how it will meet the diversion requirements before the time extension expires, which includes the source reduction, recycling, and composting programs it will implement and states how those programs will be funded. (c) The rural city, rural county, or rural regional agency demonstrates that it is achieving the maximum feasible amount of source reduction, recycling, or composting of solid waste within its jurisdiction. 41787.5. Unless in conflict with the express provisions of this article, all other provisions of this division, as appropriate, shall apply to rural cities, rural counties, and rural regional agencies to the same extent that those provisions apply to nonrural cities, counties, and regional agencies. SEC. 13. Section 41800 of the Public Resources Code is amended to read: 41800. (a) Except as provided in subdivision (b), within 120 days from the date of receipt of a countywide or regional integrated waste management plan which the board has determined to be complete, or any element of the plan which the board has determined to be complete, the board shall determine whether the plan or element is in compliance with Article 2 (commencing with Section 40050) of Chapter 1 of Part 1, Chapter 2 (commencing with Section 41000), and Chapter 5 (commencing with Section 41750), and, based upon that determination, the board shall approve, conditionally approve, or disapprove the plan or element. (b) (1) Within 120 days from the date of receipt of a city, county, or regional agency nondisposal facility element, which the board has determined to be complete, and within 60 days from the date of receipt of an amendment to a city, county, or regional agency nondisposal facility element, the board shall determine whether the element, which the board has determined to be complete, or amendment is in compliance with Chapter 4.5 (commencing with Section 41730) and Article 1 (commencing with Section 41780) of Chapter 6, and, based upon that determination, the board shall approve, conditionally approve, or disapprove the element or amendment within that time period. (2) In reviewing the element or amendment, the board shall: (A) Not consider the estimated capacity of the facility or facilities in the element or amendment unless the board determines that this information is needed to determine whether the element or amendment meets the requirements of Article 1 (commencing with Section 41780) of Chapter 6. (B) Recognize that individual facilities represent portions of local plans or programs that are designed to achieve the diversion requirements of Section 41780 and therefore may not arbitrarily require new or expanded diversion at proposed facilities. (C) Not disapprove an element or amendment that includes a transfer station or other facility solely because the facility does not contribute towards the jurisdiction's efforts to comply with Section 41780. (c) If the board does not act to approve, conditionally approve, or disapprove an element which the board has determined to be complete within 120 days, or an amendment which the board has determined to be complete within 60 days, the board shall be deemed to have approved the element or amendment. SEC. 14. Section 41801 of the Public Resources Code is amended to read: 41801. Before approving or conditionally approving a countywide or regional integrated waste management plan, or any element of the plan, pursuant to Section 41800, the board shall adopt written findings, based on substantial evidence in the record, that implementing the plan or element will achieve the requirements established pursuant to this part, including the diversion requirements of Section 41780. SEC. 15. Section 41801.5 of the Public Resources Code is amended to read: 41801.5. (a) If an element submitted to the board for final review includes the diversion of any solid wastes specified in subdivision (c) of Section 41781.2 for years preceding the year commencing January 1, 1990, and the board is unable to determine whether the requirements of Section 41781.2 have been met, the board shall notify the city, county, or regional agency that the diversion is excluded for purposes of calculating compliance with Section 41780. The board shall notify the city, county, or regional agency of the exclusion within 60 days from the date of receipt of the element for final review. If an element has been submitted to the board for final review prior to January 1, 1993, the board shall notify the submitting city, county, or regional agency of the exclusion on or before March 1, 1993. (b) The notice shall be based upon a summary review undertaken solely for the purpose of determining whether the source reduction and recycling element includes any diversion of wastes excluded by Section 41781.2, and whether the element contains information sufficient for the board to determine whether the requirements of that section have been met. The summary review and notice shall be undertaken by the board concurrent with the board's review and approval, conditional approval, or disapproval of source reduction and recycling elements pursuant to Section 41800. (c) The board shall approve or conditionally approve the source reduction and recycling element, if wastes have been excluded pursuant to Section 41781.2, if the board finds, pursuant to Section 41801, that, notwithstanding that exclusion, the element will achieve the requirements established pursuant to this part, including the diversion requirements of Section 41780. (d) If the source reduction and recycling element is approved or conditionally approved pursuant to this section, the city, county, or regional agency shall revise the element to reflect the excluded wastes and shall submit any such revisions to the board pursuant to Section 41822. SEC. 16. Section 41810 of the Public Resources Code is amended to read: 41810. (a) If the board conditionally approves a countywide or regional integrated waste management plan, or any element of the plan, the board shall issue a notice of conditional approval to the city, county, or regional agency which identifies the specific reasons for the conditional approval. The notice of conditional approval shall include specific recommendations on how to correct the remaining deficiencies in the plan or element. (b) If the board disapproves a countywide or regional integrated waste management plan, or any element of the plan, the board shall issue a notice of deficiency to the city, county, or regional agency which identifies the specific reasons for the disapproval. The notice of deficiency shall include specific recommendations on how to correct the deficiencies in the plan or element. SEC. 17. Section 41810.1 is added to the Public Resources Code, to read: 41810.1. (a) Any city, county, or regional agency which receives a notice of conditional approval for a countywide or regional integrated waste management plan, or any element of the plan, pursuant to subdivision (a) of Section 41810, shall, within 60 days from the date of receipt of the notice of conditional approval, submit a compliance schedule to the board that demonstrates how the city, county, or regional agency will correct the deficiencies identified in the notice of conditional approval by the earliest feasible date, but in no event shall that correction take longer to make than one year from the date of submission of the compliance schedule. (b) The board shall approve or disapprove a compliance schedule submitted pursuant to subdivision (a) within 60 days from the date of its receipt of the schedule. (c) If the board determines, based on substantial evidence in the record, that a city, county, or regional agency is not in compliance with a compliance schedule approved pursuant to subdivision (b), the board may revoke the notice of conditional approval, and shall issue a notice of deficiency pursuant to subdivision (b) of Section 41810. (d) It is the intent of the Legislature that a notice of conditional approval shall provide flexibility for a city, county, or regional agency to make substantial progress towards meeting the requirements of this part while ensuring full compliance with this part at the earliest feasible date. SEC. 18. Section 41813 of the Public Resources Code is amended to read: 41813. (a) After conducting a public hearing pursuant to Section 41812, the board may impose administrative civil penalties of not more than ten thousand dollars ($10,000) per day on any city or county, or, pursuant to Section 40974, on any city or county as a member of a regional agency, which fails to submit an adequate element or plan in accordance with the requirements of this chapter. (b) The board shall not impose any penalty against a city or county pursuant to this section if the city or county is in substantial compliance with this part and if those aspects of a plan or element of a plan submitted by a city, county, or regional agency which is not in compliance with this part do not directly or substantially affect achievement of the diversion requirements of Section 41780. (c) In determining whether a city, county, or regional agency is in substantial compliance, the board shall consider whether the city, county, or regional agency has made a good faith effort to implement all reasonable and feasible measures to comply. (d) The board shall not use the money collected from the penalties imposed pursuant to subdivision (a) for administrative purposes. The board shall use the money collected from the penalties imposed pursuant to subdivision (a), to the extent possible, to assist local governments in meeting the requirements of this part. SEC. 19. Section 41821.5 of the Public Resources Code is amended to read: 41821.5. (a) Disposal facility operators shall submit to counties information from periodic tracking surveys on the disposal tonnages by jurisdiction or region of origin, which are disposed of at each disposal facility. 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 facilities shall submit periodic information to counties on the types and quantities of materials which are disposed of, sold to end users, or which are sold to exporters or transporters for sale outside of the state, by county of origin. When materials are sold or transferred by one recycling or composting facility to another, for other than an end use of the material or for export, the seller or transferror of the material shall inform the buyer or transferee of the county of origin of the materials. The reporting requirements of this subdivision do not apply to entities which sell the byproducts of a manufacturing process. (c) Each county shall submit periodic reports to the cities within the county, to any regional agency of which it is a member agency, and to the board, on the amounts of solid waste disposed by jurisdiction or region of origin, as specified in subdivision (a), and on the categories and amounts of solid waste diverted to recycling and composting facilities within the county or region, as specified in subdivision (b). (d) The board may adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to perform the periodic tracking surveys required by this section, and that provide a representative accounting of solid wastes that are handled, processed, or disposed. Those regulations or periodic tracking surveys approved by the board shall not impose an unreasonable burden on waste handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste. SEC. 20. Section 41825 of the Public Resources Code is amended 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. The compliance order shall include those conditions which the board determines to be necessary for the local agency or regional agency to complete in order to implement its source reduction and recycling element or household hazardous waste element. SEC. 21. Section 41850 of the Public Resources Code is amended to read: 41850. (a) (1) Except as specifically provided in Section 41813, if, after holding the public hearing and issuing an order of compliance pursuant to Section 41825, 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 may impose administrative civil penalties upon the city or county or, pursuant to Section 40974, upon the city or county as a member of a regional agency of up to ten thousand dollars ($10,000) per day until the city, county, or regional agency implements the element. (b) In determining whether or not to impose any penalties, or in determining the amount of any penalties imposed under this section, including any penalties imposed due to the exclusion of solid waste pursuant to Section 41781.2 which results in a reduction in the quantity of solid waste diverted by a city, county, or regional agency, the board shall consider only those relevant circumstances which have prevented a city, county, or regional agency from meeting the requirements of this division, including the diversion requirements of paragraphs (1) and (2) of subdivision (a) of Section 41780, including, but not limited to, all of the following: (1) Natural disasters. (2) Budgetary conditions within a city, county, or regional agency which could not be remedied by the imposition or adjustment of solid waste fees. (3) Work stoppages which directly prevent a city, county, or regional agency from implementing its source reduction and recycling element or household hazardous waste element. (c) In addition, the board shall consider all of the following: (1) The extent to which a city, county, or regional agency has made good faith efforts to implement its source reduction and recycling element or household hazardous waste element. For the purposes of this paragraph, "good faith efforts" means all reasonable and feasible efforts by a city, county, or regional agency to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results. (2) The extent to which a city, county, or regional agency has implemented additional source reduction, recycling, and composting activities to comply with the diversion requirements of paragraphs (1) and (2) of subdivision (a) of Section 41780. (3) The extent to which a city, county, or regional agency is meeting the diversion requirements of paragraphs (1) and (2) of subdivision (a) of Section 41780. SEC. 22. Section 41850.5 is added to the Public Resources Code, to read: 41850.5. Any administrative civil penalty imposed by the board pursuant to Section 41813 or 48150 shall be deposited in the Local Government Assistance Account, which is hereby created in the Integrated Waste Management Fund. Any funds deposited in that account shall be used solely for the purposes of assisting local governments in complying with the diversion requirements established under Section 41780, and shall not be used by the board for administrative purposes. SEC. 23. Section 42310.1 of the Public Resources Code is amended to read: 42310.1. (a) Until January 1, 1997, the criteria specified in Section 42310 shall not apply to any rigid plastic packaging container that is manufactured for use with food or cosmetics, as defined in subdivisions (f) and (i) of Section 321 of Title 21 of the United States Code. (b) Notwithstanding subdivision (a), rigid plastic packaging containers actually recycled shall be included in calculating the recycling rate pursuant to subdivision (b) or (c) of Section 42310. (c) Every manufacturer of a product packaged in a rigid plastic packaging container described in subdivision (a), which is not in compliance with Section 42310, that is exempt from the criteria specified in Section 42310 pursuant to subdivision (a), shall do both of the following: (1) On or before December 1, 1995, the manufacturer shall submit a report to the board which demonstrates that the manufacturer is taking, and will continue to take, all feasible actions consistent with Section 42310 to ensure the reduction, recycling, or reuse of the rigid plastic packaging containers described in subdivision (a) and the development and expansion of markets for rigid plastic packaging containers. Those actions may include, but are not limited to, all of the following: (A) The use of postconsumer recycled plastic in rigid plastic packaging containers sold in this state. (B) The use of postconsumer recycled plastic in other packaging materials sold or manufactured in this state. (C) The use of postconsumer recycled plastic in other products sold or manufactured in this state. (D) Arranging for the use of postconsumer recycled plastic collected for recycling in this state in the manufacture of nonrigid plastic packaging container products or packaging of another entity. (E) The procurement of products containing postconsumer recycled plastic, including, but not limited to, trash bags, trash containers, pallets, carpeting, slip sheets, and shrink wrap. (F) The demonstration of financial investment in recycled plastic collecting, processing, and remanufacturing activities in the state. (2) On or before January 1, 1996, every manufacturer of rigid plastic packaging containers shall, for any rigid plastic packaging container that is exempt from, and not in compliance with, the criteria specified in Section 42310 pursuant to subdivision (a), diligently seek one or more "nonobjection letters" from the United States Food and Drug Administration which will permit the manufacturer of rigid plastic packaging containers to use recycled plastic in the manufacture of the rigid plastic packaging containers described in subdivision (a). SEC. 24. Chapter 5 (commencing with Section 44820) is added to Part 4 of Division 30 of the Public Resources Code, to read: CHAPTER 5. ASBESTOS CONTAINING WASTE 44820. Except as provided in subdivision (c), the board shall adopt, by regulation, a permitting, inspection, and enforcement program for the disposal of asbestos containing waste, as specified in Section 25143.7 of the Health and Safety Code, at any solid waste facility or disposal site subject to regulation pursuant to this part. The program may include, but is not limited to, standards and certification requirements for local enforcement agencies, pursuant to which the board may delegate authority for the regulation of asbestos containing waste to local enforcement agencies. (b) On or before March 1, 1995, or the earliest feasible date thereafter, the board and the Department of Toxic Substances Control shall enter into a memorandum of understanding that defines the enforcement responsibilities of each agency for the disposal of asbestos containing waste at any solid waste disposal facility or disposal site subject to regulation pursuant to this part. The memorandum of understanding shall be periodically updated to be consistent with each agency's responsibilities pursuant to this section and Chapter 6.5 (commencing with Section 25100) of Division 30 of the Health and Safety Code. (c) Until the board has adopted regulations pursuant to subdivision (a), the Department of Toxic Substances Control shall regulate asbestos containing waste at a solid waste facility or disposal site. (d) Any regulations adopted pursuant to this section shall be deemed emergency regulations and shall be adopted in accordance with the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code.) The adoption of these regulations shall be deemed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare. SEC. 25. Section 48000 of the Public Resources Code is amended to read: 48000. (a) Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization which is based on the amount, by weight or volumetric equivalent, as determined by the board, of all solid waste disposed of at each disposal site. (b) The fee for solid waste disposed of shall be one dollar and thirty-four cents ($1.34) per ton. Commencing with the 1995-96 fiscal year, the amount of the fee shall be established by the board at an amount that is sufficient to generate revenues equivalent to the approved budget for that fiscal year, including a prudent reserve, but shall not exceed one dollar and forty cents ($1.40) per ton. (c) The board shall notify the State Board of Equalization on the first day of the period in which the rate shall take effect of any rate change adopted pursuant to this section. SEC. 26. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because, for certain costs, the costs incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction, and, for certain other costs, the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.