BILL NUMBER: AB 381 CHAPTERED
BILL TEXT
CHAPTER 219
FILED WITH SECRETARY OF STATE JULY 31, 1995
APPROVED BY GOVERNOR JULY 30, 1995
PASSED THE SENATE JULY 14, 1995
PASSED THE ASSEMBLY JUNE 1, 1995
AMENDED IN ASSEMBLY MAY 22, 1995
AMENDED IN ASSEMBLY APRIL 20, 1995
INTRODUCED BY Assembly Member Baca
FEBRUARY 14, 1995
An act to amend Section 41850 of the Public Resources Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 381, Baca. Solid waste: diversion requirements.
Existing law, the California Integrated Waste Management Act of
1989, requires each city, county, and, if formed, each regional
agency to develop a source reduction and recycling element and a
household hazardous waste element. The act generally authorizes the
California Integrated Waste Management Board, if the board finds that
a city, county, or regional agency has failed to implement its
source reduction and recycling element or its household hazardous
waste element, to impose administrative civil penalties upon the city
or county, or upon the city or county as a member of a regional
agency, in an amount up to $10,000 per day until the city, county, or
regional agency implements the element.
The act requires the board, in determining whether or not to
impose those penalties, to consider, among other things, 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, and defines, for those purposes,
"good faith efforts" as all reasonable and feasible efforts by a
city, county, or regional agency to implement those programs or
activities identified in its source reduction element or household
hazardous waste element, or alternative programs or activities that
achieve the same or similar results.
This bill would revise that definition of good faith efforts to
also include the evaluation by a city, county, or regional agency of
improved technology for the handling and management of solid waste
that would reduce costs, improve efficiency in the collection,
processing, or marketing of recyclable materials or yard waste, and
enhance the ability of the city, county, or regional agency to meet
the solid waste diversion requirements of the act, provided that
certain other requirements of the act are satisfied.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 to the factors specified in subdivision (b), the
board shall consider all of the following:
(1) (A) 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.
(B) (i) 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.
(ii) For purposes of this paragraph, "good faith efforts" may also
include the evaluation by a city, county, or regional agency of
improved technology for the handling and management of solid waste
that would reduce costs, improve efficiency in the collection,
processing, or marketing of recyclable materials or yard waste, and
enhance the ability of the city, county, or regional agency to meet
the diversion requirements of paragraphs (1) and (2) of subdivision
(a) of Section 41780, provided that the city, county, or regional
agency has submitted a compliance schedule pursuant to Section 41825,
and has made all other reasonable and feasible efforts to implement
the programs identified in its source reduction and recycling element
or household hazardous waste element.
(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.