BILL NUMBER: AB 626 CHAPTERED
BILL TEXT
CHAPTER 1038
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1996
APPROVED BY GOVERNOR SEPTEMBER 28, 1996
PASSED THE ASSEMBLY AUGUST 30, 1996
PASSED THE SENATE AUGUST 27, 1996
AMENDED IN SENATE AUGUST 23, 1996
AMENDED IN SENATE JULY 8, 1996
AMENDED IN SENATE JUNE 27, 1996
AMENDED IN SENATE SEPTEMBER 14, 1995
AMENDED IN ASSEMBLY APRIL 17, 1995
AMENDED IN ASSEMBLY MARCH 29, 1995
INTRODUCED BY Assembly Member Sher
FEBRUARY 17, 1995
An act to amend Section 12159 of the Public Contract Code, and to
amend Sections 40000, 40706, 41802, 41820, 41821, 41822, 42000,
42244, 42414, 42415, 42443, 42520, 42601, 42603, 42650, 43030, 43601,
44002, 48027, 48657, 48676, 50000, and 50001 of, to add Sections
40063 and 41821.1 to, to repeal Sections 41770.5, 42008, 42247,
42373, 42512, 42563, 42623, 42884, 43221, and 48022 of, to repeal
Article 3 (commencing with Section 42380) of Chapter 6 of Part 3 of,
and Article 7 (commencing with Section 42859) of Chapter 16 of Part 3
of, Division 30 of, and to repeal and add Sections 40507 and 41821
of, the Public Resources Code, relating to solid waste, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 626, Sher. Integrated waste management: advisory committee:
reports: solid waste disposal: financial assurances.
(1) Existing law, the California Integrated Waste Management Act
of 1989, administered by the California Integrated Waste Management
Board, establishes an integrated waste management program, including
the regulation of solid waste disposal.
This bill would, at the request of a county with a population of
less than 250,000, authorize the board and the State Water Resources
Control Board to meet with the county to prioritize, through
development and joint adoption of a 5-year plan, state environmental
concerns with regard to solid waste management in relation to the
fiscal and staffing constraints on the county.
(2) The act provides for the Local Government Technical Advisory
Committee in the board, with a specified composition.
This bill would permit a representative of the Regional Council of
Rural Counties Environmental Services Joint Powers Authority to
serve on the advisory committee, and would make related changes.
(3) The act requires that the evidence of financial ability for a
solid waste landfill be sufficient to meet the closure and
postclosure maintenance costs when needed.
This bill would authorize the landfill owner or operator to
request disbursement, for expenditures to conduct closure,
postclosure maintenance, or corrective actions, from the financial
assurance mechanism established for that activity and would prescribe
related matters.
(4) Under the act, until an integrated waste management plan has
been approved by the board, no person may establish a new solid waste
facility or transformation facility or expand an existing solid
waste facility or transformation facility that will result in a
significant increase in the amount of solid waste handled at the
facility without a specified certification by the local enforcement
agency that one of specified circumstances has occurred.
This bill would include as a permitted circumstance for
certification that the facility is identified and described in the
countywide siting element which has been approved as prescribed.
(5) The act declares, among other things, that the responsibility
for solid waste management is a shared responsibility between state
and local governments.
This bill would state the intent of the Legislature that local
governments and state agencies that own or operate real property in
this state should work cooperatively to meet the requirements of the
act.
(6) The act requires the board to file an annual report, on or
before March 31 of each year, of specified content regarding the
administration of the act with the Legislature.
This bill would revise and recast those reporting provisions and
require that report to be submitted on or before March 1 of each
year, and would delete obsolete provisions in those provisions.
(7) The act requires each city, county, and regional agency, if
any, to develop a source reduction and recycling element of an
integrated waste management plan that includes a prescribed
implementation schedule showing how the city, county, or regional
agency will divert materials from solid waste disposal through source
reduction, recycling, and composting activities. The act requires
each city, county, and regional agency to submit a report to the
board summarizing its progress in achieving those diversion
requirements, and requires the report to be submitted with the source
reduction and recycling element, on or before October 1, 1994,
except as specified.
This bill would instead require that report to be submitted on or
before March 1 of each year, and would delete obsolete provisions in
that regard.
By additionally requiring the report to be submitted on an annual
basis, the bill would impose a state-mandated local program.
(8) The act creates the Solid Waste Disposal Site Cleanup Trust
Fund, and continuously appropriates money in the trust fund for
specified purposes.
This bill would make legislative findings and declarations
regarding the need for adequate funds in the trust fund.
(9) Under existing law, no person may operate a solid waste
facility without a solid waste facilities permit if the facility is
required to have a permit. If the enforcement agency determines that
a person is so operating a solid waste facility, the enforcement
agency is required to immediately issue a cease and desist order
ordering the facility to immediately cease operations, and directing
the owner or operator of the facility to obtain a solid waste
facilities permit in order to resume operation of the facility.
This bill would, until January 1, 1999, authorize the enforcement
agency to stay the issuance of a cease and desist order issued
pursuant to those provisions if the solid waste facility meets
specified conditions. The bill would specify related matters.
(10) Existing law, until January 1, 2000, the State Assistance for
Recycling (STAR) Markets Act of 1989, requires a state agency or
contractor supplying materials, goods, or services to the state or
the Legislature, if a recycled product, as defined, costs more than
the same product made with virgin material, to purchase fewer of
those more costly products, if feasible, or to apply cost savings, if
any, gained from buying other recycled products toward the purchase
of those products.
This bill would extend those provisions indefinitely.
(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 a specified reason.
(12) The bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12159 of the Public Contract Code is amended to
read:
12159. (a) If a recycled product, as defined in subdivision (a)
of Section 12200, costs more than the same product made with virgin
material, the state agency shall, if feasible, purchase fewer of
those more costly products or apply the cost savings, if any, gained
from buying other recycled products towards the purchase of those
more costly products to meet the solid waste diversion goals of
Section 41780.
(b) All state agencies shall, if feasible, establish purchasing
practices which ensure the purchase of materials, goods, and supplies
that may be recycled or reused. Each state agency shall initiate
activities for the collection, separation, and recycling of
recyclable materials and may appoint a recycling coordinator to
assist in implementing this section.
SEC. 2. Section 40000 of the Public Resources Code is amended to
read:
40000. The Legislature hereby finds and declares all of the
following:
(a) In 1988, Californians disposed of over 38 million tons of
solid waste, an amount which is expected to grow if existing solid
waste policies are continued. This amounts to more than 1,500 pounds
of waste per person living in the state, more than any other state
in the country and over twice the per-capita rate of most other
industrialized counties.
(b) Over 90 percent of California's solid waste currently is
disposed of in landfills, some of which pose a threat to groundwater,
air quality, and public health.
(c) While California will exhaust most of its remaining landfill
space by the mid-1990's, there presently is no coherent state policy
to ensure that the state's solid waste is managed in an effective and
environmentally sound manner for the remainder of the 20th century
and beyond.
(d) The amount of solid waste generated in the state coupled with
diminishing landfill space and potential adverse environmental
impacts from landfilling constitutes an urgent need for state and
local agencies to enact and implement an aggressive new integrated
waste management program.
(e) The reduction, recycling, or reuse of solid waste generated in
the state will, in addition to preserving landfill capacity in
California, serve to conserve water, energy, and other natural
resources within this state, and to protect the state's environment.
SEC. 3. Section 40063 is added to the Public Resources Code, to
read:
40063. At the request of a county with a population of less than
250,000, the board and the state water board may meet with the county
to prioritize, through development and joint adoption of a five-year
plan, state environmental concerns with regard to solid waste
management in relation to the fiscal and staffing constraints on the
county.
SEC. 4. Section 40507 of the Public Resources Code is repealed.
SEC. 5. Section 40507 is added to the Public Resources Code, to
read:
40507. (a) On or before March 1 of each year, the board shall
file an annual report with the Legislature highlighting significant
programs or actions undertaken by the board to implement programs
pursuant to this division during the prior calendar year. The report
shall include, but is not limited to, the information described in
subdivision (b).
(b) Commencing January 1, 1997, the board shall file annual
progress reports with the Legislature covering the activities and
actions undertaken by the board in the prior fiscal year. The board
shall prepare the progress reports throughout the calendar year, as
determined by the board, on the following programs:
(1) The local enforcement agency program.
(2) The research and development program.
(3) The public education program.
(4) The market development program.
(5) The used oil program.
(6) The planning and local assistance program.
(7) The site cleanup program.
(c) The progress report shall specifically include, but is not
limited to, all of the following information:
(1) Pursuant to paragraph (1) of subdivision (b), the status of
the certification and evaluation of local enforcement agencies
pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
(2) Pursuant to paragraph (2) of subdivision (b), all of the
following information:
(A) The results of the research and development programs
established pursuant to Chapter 13 (commencing with Section 42650) of
Part 3.
(B) A report on information and activities associated with the
establishment of the Plastics Recycling Information Clearinghouse,
pursuant to Section 42520.
(C) A report on the progress in implementing the monitoring and
control program for the subsurface migration of landfill gas
established pursuant to Section 43030, including recommendations, as
needed, to improve the program.
(D) A report on the comparative costs and benefits of the
recycling or conversion processes for waste tires funded pursuant to
Chapter 17 (commencing with Section 42860) of Part 3.
(3) Pursuant to paragraph (3) of subdivision (b), all of the
following information:
(A) A review of actions taken by the board to 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 inform and educate these parties.
(B) A report on the effectiveness of the public information
program required to be implemented pursuant to Chapter 12 (commencing
with Section 42600) of Part 3, including recommendations on
administrative and legislative changes to improve the program.
(C) A report on the status and effectiveness of school district
source reduction and recycling programs implemented pursuant to
Chapter 12.5 (commencing with Section 42620) of Part 3, including
recommendations on administrative and legislative changes to improve
the program's effectiveness.
(D) A report on the effectiveness of the integrated waste
management educational program and teacher training plan implemented
pursuant to Section 42603, including recommendations on
administrative and legislative changes which will improve the
program.
(E) A summary of available and wanted materials, a profile of the
participants, and the amount of waste diverted from disposal sites as
a result of the California Materials Exchange Program established
pursuant to subdivision (a) of Section 42600.
(4) Pursuant to paragraph (4) of subdivision (b), all of the
following information:
(A) 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, including
recommendations for administrative and legislative actions which will
promote expansion of those markets. The recommendations shall
include, but not be limited to, all of the following:
(i) 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.
(ii) Recommendations for actions which can be taken to assist
local governments in the inclusion of recycling activities in county
overall economic development plans.
(iii) Recommendations for actions to utilize available financial
resources for expansion of recycling industry capacity.
(iv) Recommendations to improve state, local, and private industry
product and material procurement practices.
(B) Development and implementation of a program to assist local
agencies in the identification of markets for materials that are
diverted from disposal facilities through source reduction,
recycling, and composting pursuant to Section 40913.
(C) A report on the Recycling Market Development Zone Loan Program
provided for in subdivision (c) of Section 42010), pursuant to
subdivision (f) of Section 42010.
(D) A report on implementation of the Compost Market Program
pursuant to Chapter 5 (commencing with Section 42230) of Part 3.
(E) A report on the progress in developing and implementing the
comprehensive Market Development Plan, pursuant to Article 2 of
Chapter 1 (commencing with Section 42005) of Part 3.
(F) The number of retreaded tires purchased by the Department of
General Services during the prior fiscal year pursuant to Section
42414.
(G) The results of the study performed in consultation with the
Department of General Services pursuant to Section 42416 to determine
if tire retreads, procured by the department, have met all quality
and performance criteria of a new tire, including any recommendations
to expand, revise, or curtail the program.
(H) The number of recycled lead-acid batteries purchased during
the prior fiscal year by the Department of General Services pursuant
to Section 42443.
(I) A list of established price preferences for recycled paper
products for the prior fiscal year pursuant to paragraph (1) of
subdivision (c) of the Public Contract Code.
(J) A report on the implementation of the white office paper
recovery program pursuant to Chapter 10 (commencing with Section
42560) of Part 3.
(5) Pursuant to paragraph (5) of subdivision (b), both of the
following information:
(A) A report on the annual audit of the used oil recycling program
established pursuant to Chapter 4 (commencing with Section 48600) of
Part 7.
(B) A summary of industrial and lubricating oil sales and
recycling rates, the results of programs funded pursuant to Chapter 4
(commencing with Section 48600) of Part 7, recommendations, if any,
for statutory changes to the program, including changes in the
amounts of the payment required by Section 48650 and the recycling
incentive, and plans for present and future programs to be conducted
over the next two years.
(6) Pursuant to paragraph (6) of subdivision (b), all of the
following information:
(A) The development by the board of the model countywide or
regional siting element and model countywide or regional agency
integrated waste management plan pursuant to Section 40912, including
its effectiveness in assisting local agencies.
(B) The adoption by the board of a program to provide assistance
to cities, counties, or regional agencies in the development and
implementation of source reduction programs pursuant to subdivision
(b) of Section 40912.
(C) The development by the board of model programs and materials
to assist rural counties and cities in preparing city and county
source reduction and recycling elements pursuant to Section 40914.
(D) A report on the number of tires that are recycled or otherwise
diverted from disposal in landfills or stockpiles.
(E) A report on the development and implementation of
recommendations, with proposed implementing regulations, for
providing technical assistance to counties and cities that meet
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 both of the
following matters:
(i) Assistance in developing methods of raising revenue at the
local level to fund rural integrated waste management programs.
(ii) Assistance in developing alternative methods of source
reduction, recycling, and composting of solid waste suitable for
rural local governments.
(F) A report on the status and implementation of the "Buy Recycled"
program established pursuant to subdivision (d) of Section 42600,
including the waste collection and recycling programs established
pursuant to Sections 12164.5 and 12165 of the Public Contract Code.
(7) Pursuant to paragraph (7) of subdivision (b), a description of
sites cleaned up under the Solid Waste Disposal and Codisposal Site
Cleanup Program established pursuant to Article 2.5 (commencing with
Section 48020) of Chapter 2 of Part 7, a description of remaining
sites where there is no responsible party or the responsible party is
unable or unwilling to pay for cleanup, and recommendations for any
needed legislative changes.
SEC. 6. Section 40706 of the Public Resources Code is amended to
read:
40706. (a) On or before January 13, 1992, the Governor, the
Senate Committee on Rules, and the Speaker of the Assembly shall
appoint the members of the advisory committee who shall reflect the
diversity of solid waste problems that local governments face
throughout the state. The appointments shall also reflect the ethnic
and cultural diversity of the state.
(b) After January 1, 1995, the appointments shall also reflect the
demographic diversity of the state relative to urban, suburban, and
rural areas.
(c) (1) The appointments may be selected from recommendations
provided by the County Supervisors Association of California, the
League of California Cities, the Regional Council of Rural Counties
Environmental Services Joint Powers Authority, and the Solid Waste
Association of North America.
(2) A representative of the Regional Council of Rural Counties
Environmental Services Joint Powers Authority may be appointed to
serve as a county representative pursuant to Section 40707.
(d) Each member shall serve a two-year term, except that the first
members appointed shall classify themselves by lot so that one-half
serve an initial term of one year and one-half serve an initial term
of two years. recommendations for any needed legislative changes.
SEC. 7. Section 41770.5 of the Public Resources Code is repealed.
SEC. 8. Section 41802 of the Public Resources Code is amended to
read:
41802. (a) Within 120 days from the date of receipt of a
household hazardous waste element, the board shall approve or
disapprove the element.
(b) The board shall not disapprove a household hazardous waste
element if the local agency preparing the element demonstrates to the
board that, in implementing the household hazardous waste element,
the local agency will comply with all of the following requirements:
(1) The local agency will use feasible methods to properly reduce,
collect, recycle, treat, and dispose of household hazardous waste
generated within its jurisdiction.
(2) The local agency will devote reasonable expenditures to the
safe reduction, collection, recycling, treatment, and disposal of
household hazardous waste, relative to the other expenditures
required by this division, and relative to the expenditures for
household hazardous waste programs which were awarded grants of funds
pursuant to Section 46401 as it read on January 1, 1993.
(3) The local agency will make all reasonable efforts to inform
the public of, and to encourage public participation in, the
household hazardous waste program.
(4) Regardless of the number of household hazardous waste
collection events held each year by a local agency, or the actual
number of households served, the collection program is available for
use by all households within the jurisdiction of the local agency,
and provides a safe alternative for all residents within the
jurisdiction of the local agency to properly and safely dispose of
household hazardous waste.
(c) (1) In determining whether a local agency meets the conditions
for approval of a household hazardous waste element set forth in
subdivision (b), the board shall consider the geographic size and
population of the city or county and the quantity of household
hazardous waste generated within the jurisdiction of the city or
county.
(2) The board may provide an exemption from the requirements of
subdivision (b) if a city, county, or a regional agency demonstrates,
and the board concurs, that compliance with those requirements is
not feasible due to the small geographic size of the city, county, or
regional agency and the small quantity of solid waste generated
within the city, county, or regional agency. The board may establish
alternative, but less comprehensive, requirements for those cities,
counties, or regional agencies to ensure compliance with this
division.
SEC. 9. Section 41820 of the Public Resources Code is amended to
read:
41820. The board may grant a one-year time extension from the
requirements of Section 41780 to any city, county, or regional agency
if the following conditions are met:
(a) The board adopts written findings, based upon substantial
evidence in the record, that adverse market conditions beyond the
control of city or county prevent the city, county, or regional
agency from meeting the requirements of Section 41780.
(b) The city, county, or regional agency submits a plan of
correction which demonstrates how the city, county, or regional
agency will meet the requirements of Section 41780 before the time
extension expires, which includes the source reduction, recycling, or
composting steps the city, county, or regional agency will
implement, and which states how these programs will be funded.
(c) The city, county, or regional agency demonstrates that it is
achieving the maximum feasible amount of source reduction, recycling,
and composting of solid waste within its jurisdiction.
SEC. 10. Section 41821 of the Public Resources Code is repealed.
SEC. 11. Section 41821 is added to the Public Resources Code, to
read:
41821. (a) Each year following the board's approval of a city,
county, or regional agency's source reduction and recycling element,
household hazardous waste element, and nondisposal facility element,
the city, county, or regional agency shall submit a report to the
board summarizing its progress in reducing solid waste as required by
Section 41780. The annual report shall be due on or before August 1
of the year following board approval of the source reduction and
recycling element, the household hazardous waste element, and the
nondisposal facility element, and on or before August 1 in each
subsequent year. The information in this report shall encompass the
previous calendar year, January 1 to December 31, inclusive.
(b) Each jurisdiction's annual report to the board shall, at a
minimum, include the following:
(1) Calculations of annual disposal reduction.
(2) Information on the changes in waste generated or disposed of
due to increases or decreases in population, economics, or other
factors complying with subdivision (c) of Section 41780.1.
(3) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element.
(4) Other information relevant to compliance with Section 41780.
(c) The board shall, by January 31, 1997, prepare an optional
model annual report to assist jurisdictions in submitting the
required annual reporting information and provide the model to each
jurisdiction for their consideration.
(d) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the jurisdiction's
source reduction and recycling element needs to be revised.
SEC. 12. Section 41821.1 is added to the Public Resources Code, to
read:
41821.1. Each year following the board's approval of a county or
regional agency's siting element and summary plan, the county or
regional agency shall submit a report to the board summarizing the
adequacy of the siting element and summary plan. The report on the
siting element shall discuss any changes in disposal capacity,
disposal facilities, or any other relevant issues. The annual report
shall be due on or before August 1 of the year following board
approval of a county or regional agency's siting element and summary
plan, and on or before August 1 in each subsequent year. The
information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
SEC. 13. Section 41822 of the Public Resources Code is amended to
read:
41822. Each city, county, or regional agency shall review its
source reduction and recycling element or the countywide integrated
waste management plan at least once every five years to correct any
deficiencies in the element or plan, to comply with the source
reduction and recycling requirements established under Section 41780,
and to revise the documents, as necessary, to comply with this part.
Any revision made to an element or plan pursuant to this section
shall be submitted to the board for review and approval or
disapproval pursuant to the schedule established under this chapter.
SEC. 14. Section 42000 of the Public Resources Code is amended to
read:
42000. The Legislature hereby finds and declares as follows:
(a) This division requires cities and counties to divert 25
percent of all solid waste from landfills and transformation
facilities by 1995 and 50 percent by 2000. As of 1990, the overall
diversion rate in the state was 12 percent.
(b) California's recycling and composting efforts need to increase
greatly if local jurisdictions are to meet the 25 percent and the 50
percent diversion requirements.
(c) Market development is the key to increased, cost-effective
recycling. Market development includes activities that strengthen
demand by manufacturers and end-use consumers for recyclable
materials collected by municipalities, nonprofit organizations, and
private entities.
(d) Developing markets for recyclable materials creates
opportunities that will reindustrialize California. The board
estimates that the development of markets for recyclable materials
may create over 20,000 jobs in California's manufacturing sector, an
additional 25,000 jobs in the sorting and processing fields, and an
unestimated number of jobs in other fields that may develop through
full implementation of this division.
(e) The board is authorized to conduct individual market
development activities, but is not presently required to implement a
comprehensive plan that addresses the full range of market
development needs.
SEC. 15. Section 42008 of the Public Resources Code is repealed.
SEC. 16. Section 42244 of the Public Resources Code is amended to
read:
42244. The board shall evaluate compost, cocompost, and
chemically fixed sewage sludge for use as solid waste landfill cover
materials or for use as extenders for currently used cover material.
Compost, cocompost, and chemically fixed sewage sludge products,
when used as a substitute for or mixed with currently approved cover
material, shall possess all the physical characteristics required in
the definition of a cover material.
SEC. 17. Section 42247 of the Public Resources Code is repealed.
SEC. 18. Section 42373 of the Public Resources Code is repealed.
SEC. 19. Article 3 (commencing with Section 42380) of Chapter 6 of
Part 3 of Division 30 of the Public Resources Code is repealed.
SEC. 20. Section 42414 of the Public Resources Code is amended to
read:
42414. The number of retreaded tires purchased annually by the
Department of General Services during each fiscal year shall be
tabulated and forwarded to the board by August 31 every year.
SEC. 21. Section 42415 of the Public Resources Code is amended to
read:
42415. The board, in consultation with the Department of General
Services, shall perform a study to determine if the retreads,
procured by the Department of General Services, have met all quality
and performance criteria of a new tire.
SEC. 22. Section 42443 of the Public Resources Code is amended to
read:
42443. The number of recycled lead-acid batteries purchased each
year by the Department of General Services shall be tabulated and
forwarded to the board on or before March 31 of each year.
SEC. 23. Section 42512 of the Public Resources Code is repealed.
SEC. 24. Section 42520 of the Public Resources Code is amended to
read:
42520. The board shall establish a Plastics Recycling Information
Clearinghouse. This clearinghouse shall provide information to
postconsumer plastics collectors, reprocessors, and recyclers about
programs collecting postconsumer plastics, availability of
postconsumer plastics, and recent advances in postconsumer plastics
recycling technology.
SEC. 25. Section 42563 of the Public Resources Code is repealed.
SEC. 26. Section 42601 of the Public Resources Code is amended to
read:
42601. The board shall measure public information program
effectiveness through research which establishes program benchmarks
and tracks results. The results of that measurement shall serve as
the basis for program modification.
SEC. 27. Section 42603 of the Public Resources Code is amended to
read:
42603. (a) The board, in cooperation with the State Department of
Education, shall develop and implement an integrated waste
management educational program to teach the concepts of source
reduction, recycling, composting, and integrated waste management in
California schools.
(b) The State Department of Education, in cooperation with the
board, shall develop and implement a teacher training and
implementation plan, to guide the implementation of the integrated
waste management educational program, for the education of students,
faculty, and administrators on the importance of source reduction,
recycling, composting, and integrated waste management in the
schools. The plan shall project the phased implementation of
elementary, middle, and high school programs. The board shall use
the plan and consult with the State Department of Education in
developing its annual public information and education budget, and
shall include sufficient funds for successful implementation.
SEC. 28. Section 42623 of the Public Resources Code is repealed.
SEC. 29. Section 42650 of the Public Resources Code is amended to
read:
42650. The board may establish a research and development
program, based on priorities that are consistent with Section 40051,
and designed to identify, develop, and refine processes and
technologies that will assist state and local governments and private
industries to implement innovative resource management and waste
reduction programs. The board may conduct research and development
programs, upon appropriation therefor by the Legislature, that
include, but are not limited to, all of the following:
(a) Establishing, in coordination with the Department of
Conservation, a recycling extension service within the board to serve
as a central clearinghouse for recycling research information.
(b) Establishing cooperative research and development facilities
at universities and colleges in the state.
(c) Developing a research program to study the feasibility of
using disposal site mining technology to extend the life of existing
disposal sites, recover valuable resources, and to reuse the
reclaimed disposal site in an
environmentally sound manner.
(d) Establishing a research program to identify educational and
promotional methods that can effect environmentally positive changes
in human behavior.
(e) Conducting studies into hazards posed by special wastes and by
ash and air emissions from the incineration of waste.
(f) Conducting research to develop statistical tools to establish
computer-based data bases on waste characteristics, special waste
volumes, and county and regional waste capacities.
(g) Analyzing disposal site encroachment problems and assisting
local agencies in the development of effective public policy tools to
discourage disposal site encroachment.
SEC. 30. Article 7 (commencing with Section 42859) of Chapter 16
of Part 3 of Division 30 of the Public Resources Code is repealed.
SEC. 31. Section 42884 of the Public Resources Code is repealed.
SEC. 32. Section 43030 of the Public Resources Code is amended to
read:
43030. (a) The board shall adopt regulations that are consistent
with Section 40055 governing the monitoring and control of the
subsurface migration of landfill gas.
(b) The board shall consult with the state water board, the State
Air Resources Board, and the California Air Pollution Control
Officers Association to ensure that the regulations do not conflict
with any regulations adopted by the state water board and the State
Air Resources Board or air pollution control districts and air
quality management districts.
(c) The regulations adopted by the board pursuant to subdivision
(a) shall establish monitoring and control standards, based on the
potential of the waste to generate landfill gas, as determined by the
board, and shall require owners and operators of disposal sites or
disposal facilities to report monitoring data and to perform, or
cause to be performed, site inventories and evaluations of disposal
sites or disposal facilities for the subsurface migration of landfill
gas.
(d) If an owner or operator of a disposal site or disposal
facility is in compliance with requirements of the air pollution
control district or the air quality management district within whose
jurisdiction the disposal site or disposal facility is located, the
owner or operator shall be deemed to be in compliance with this
section and with any regulations adopted by the board pursuant to
this section. However, owners or operators of disposal sites and
disposal facilities shall be required to comply with regulations
adopted by the board pursuant to this section, which impose
requirements not addressed by the requirements of the air pollution
control district or the air quality management district within whose
jurisdiction the disposal site or disposal facility is located.
SEC. 33. Section 43221 of the Public Resources Code is repealed.
SEC. 34. Section 43601 of the Public Resources Code is amended to
read:
43601. (a) The evidence of financial ability shall be sufficient
to meet the closure and postclosure maintenance costs when needed.
(b) The owner or operator of a solid waste landfill shall provide
evidence of financial ability through the use of any of the
mechanisms set forth in Part 258 (commencing with Section 258.1) of
Title 40 of the Code of Federal Regulations or through the use of any
other mechanisms approved by the board. However, the board may
adopt regulations which reasonably condition the use of one or more
of those mechanisms to ensure adequate protection of public health
and safety and the environment, but shall not exclude the use of any
mechanism permitted under federal law. In addition, the evidence of
financial ability submitted pursuant to Section 43600 shall provide
that funds shall be available to the regional water boards upon the
issuance of any order under Chapter 5 (commencing with Section 13300)
of Division 7 of the Water Code to implement closure and postclosure
activities.
(c) The state water board or the appropriate regional water board
shall have access to the financial assurance funds for closure and
postclosure activities, and to financial assurance funds for
corrective action, as necessary, to address water quality problems,
if the owner or operator of the solid waste landfill has failed to
implement the required closure and postclosure activities or
corrective action activities.
(d) The owner or operator may request disbursement for
expenditures to conduct closure, postclosure maintenance, or
corrective actions from the financial assurance mechanism established
for that activity. Requests for disbursement shall be granted by
the board only if sufficient funds are remaining in the financial
assurance mechanism to cover the remaining approved total costs of
closure, postclosure maintenance, or corrective actions, as
appropriate.
SEC. 35. Section 44002 of the Public Resources Code is amended to
read:
44002. (a) (1) No person shall operate a solid waste facility
without a solid waste facilities permit if that facility is required
to have a permit pursuant to this division. If the enforcement
agency determines that a person is so operating a solid waste
facility, the enforcement agency shall immediately issue a cease and
desist order pursuant to Section 45005 ordering the facility to
immediately cease operations, and directing the owner or operator of
the facility to obtain a solid waste facilities permit in order to
resume operation of the facility.
(2) This subdivision shall become operative October 16, 1996.
(b) (1) Notwithstanding subdivision (a), the enforcement agency
may stay the issuance of a cease and desist order issued pursuant to
subdivision (a) if the solid waste facility meets all of the
following conditions:
(A) The facility is in the process of changing its ownership and
use, and is in the process of obtaining a new or modified solid waste
facilities permit.
(B) The owner or operator of the facility is actively engaging in
good faith efforts, as determined by the enforcement agency, to
obtain the new or modified solid waste facilities permit in an
expeditious manner.
(C) An environmental impact report has been prepared and certified
for the solid waste facility pursuant to Division 13 (commencing
with Section 21000).
(D) During the time that the facility is operating without a solid
waste facilities permit, the facility is otherwise operating in a
manner that is in compliance with this division and with any
conditions required for that compliance imposed by the enforcement
agency.
(2) A stay granted by the enforcement agency pursuant to paragraph
(1) shall be for not more than one year and may be extended by the
enforcement agency for a period of time not to exceed one additional
year, provided that the operator or proposed operator of the solid
waste facility makes a continuing food faith effort, as determined by
the enforcement agency, to obtain the solid waste facilities permit
and remains in compliance with paragraph (1).
(3) This subdivision shall become inoperative on January 1, 1999.
SEC. 36. Section 48022 of the Public Resources Code is repealed.
SEC. 37. Section 48027 of the Public Resources Code is amended to
read:
48027. (a) (1) The Legislature hereby finds and declares that
effective response to cleanup at solid waste disposal and codisposal
sites requires that the state have sufficient funds available in the
trust fund created pursuant to subdivision (b).
(2) The Legislature further finds and declares that the
maintenance of the trust fund is of the utmost importance to the
state and that it is essential that any money in the trust fund be
used solely for the purposes authorized in this article and not be
used, loaned, or transferred for any other purpose.
(b) The Solid Waste Disposal Site Cleanup Trust Fund is hereby
created in the State Treasury. Notwithstanding Section 13340 of the
Government Code, the money in the trust fund is hereby continuously
appropriated to the board for expenditure, without regard to fiscal
years, for the purposes of this article.
(c) The following money shall be deposited into the trust fund:
(1) Funds appropriated by the Legislature from the Integrated
Waste Management Account to the board for solid waste disposal or
codisposal site cleanup.
(2) Any interest earned on the money in the trust fund.
(3) Any cost recoveries from responsible parties for solid waste
disposal or codisposal site cleanup and loan repayments pursuant to
this article.
(d) If this article is repealed, the trust fund shall be dissolved
and all money in the fund shall be distributed to solid waste
landfill operators who have paid into the trust fund during effective
life of the trust fund.
(e) Any trust fund distributions received by solid waste landfill
operators pursuant to subdivision (c) may be used for only any of the
following activities, as related to solid waste landfills:
(1) Solid waste landfill closure and postclosure maintenance
operations.
(2) Implementation of Part 258 (commencing with Section 258.1) of
Title 40 of the Code of Federal Regulations.
(3) Corrective actions at the solid waste landfill.
(f) The balance in the trust fund each July 1 shall not exceed
thirty million dollars ($30,000,000).
SEC. 38. Section 48657 of the Public Resources Code is amended to
read:
48657. The board shall keep accurate books, records, and accounts
of all of its dealings, and these books, records, and accounts, and
any amounts paid into or from the fund, are subject to an annual
audit by an auditing firm selected by the board. The auditing firm
or the board shall also conduct a selective audit of entities making
payments to, or receiving payments from, the board to determine
whether payments required by Section 48650 are being paid to the
board on all lubricating oil sold in California, and that grants and
recycling incentives are being paid out properly by the board.
SEC. 39. Section 48676 of the Public Resources Code is amended to
read:
48676. The board shall establish reporting periods for the
reporting of accumulated industrial and lubricating oil sales and
used oil recycling rates, and each reporting period shall be six
months. The board shall issue a report based on the information
received within 120 days of the end of each reporting period.
SEC. 40. Section 50000 of the Public Resources Code is amended to
read:
50000. (a) Until an integrated waste management plan has been
approved by the California Integrated Waste Management Board pursuant
to Division 30 (commencing with Section 40000), no person shall
establish a new solid waste facility or transformation facility or
expand an existing solid waste facility or transformation facility
which will result in a significant increase in the amount of solid
waste handled at the facility without a certification by the
enforcement agency that one of the following has occurred:
(1) The facility is identified and described in, or found to
conform with, a county solid waste management plan which was in
compliance with statutes and regulations in existence on December 31,
1989, adopted pursuant to former Title 7.3 (commencing with Section
66700) of the Government Code as that former statute read on December
31, 1989. The conformance finding with that plan shall be in
accordance with the procedure for a finding of conformance which was
set forth in the plan prior to January 1, 1990.
(2) The facility is identified and described in the most recent
county solid waste management plan which has been approved by the
county and by a majority of the cities within the county which
contain a majority of the population of the incorporated area of the
county, except in those counties which have only two cities, in which
case, the plan has been approved by the county and by the city which
contains a majority of the population of the incorporated area of
the county.
(3) Pursuant to the procedures in subdivision (b), the facility
has been approved by the county and by a majority of the cities
within the county which contain a majority of the population of the
incorporated area of the county, except in those counties which have
only two cities, in which case, the facility has been approved by
the county and by the city which contains a majority of the
population of the incorporated area of the county.
(4) The facility is a material recovery facility and the site
identification and description of the facility has been submitted to
the task force created pursuant to Section 40950 for review and
comment, pursuant to the procedures set forth in subdivision (c).
For purposes of this paragraph, "material recovery facility" means a
transfer station which is designed to, and, as a condition of its
permit, shall, recover for reuse or recycling at least 15 percent of
the total volume of material received by the facility.
(5) The facility is identified and described in the countywide
siting element which has been approved pursuant to Section 41721.
(b) (1) The review and approval of a solid waste facility or
facility transformation facility which has not been identified or
described in a county solid waste management plan shall be initiated
by submittal by the person or agency proposing the facility of a site
identification and description to the county board of supervisors.
(2) The county shall submit the site identification and
description to each city within the county within 20 days from the
date that the site identification and description is submitted to the
county board of supervisors. The county and each city shall approve
or disapprove by resolution the site identification and description
within 90 days from the date that the site identification and
description is initially submitted to the county or city. Each city
shall notify the county board of supervisors of its decision within
that 90-day period. If the county or a city fails to approve or
disapprove the site identification and description within 90 days,
the city or county shall be deemed to have approved the site
identification and description as submitted.
(3) If a city or county disapproves the site identification and
description, the city or county shall mail notice of its decision by
first-class mail to the person or agency requesting the approval
within 10 days of the disapproval by the city or county, stating its
reasons for the disapproval.
(4) No county or city shall disapprove a proposed site
identification and description for a new solid waste facility or
transformation facility or an expanded solid waste facility or
transformation facility which will result in a significant increase
in the amount of solid waste handled at the facility unless it
determines, based upon substantial evidence in the record, that there
will be one or more significant adverse impacts within its
boundaries from the proposed project.
(5) Within 45 days from the date of a decision by a city or county
to disapprove a site identification and description, or a decision
by the board not to concur in the issuance of a permit pursuant to
Section 44009, any person may file with the superior court a writ of
mandate for review of the decision. The evidence before the court
shall consist of the record before the city or county which
disapproved the site identification and description or the record
before the board in its determination not to concur in issuance of
the permit. Section 1094.5 of the Code of Civil Procedure shall
govern the proceedings conducted pursuant to this subdivision.
(c) To initiate the review and comment by the task force required
by paragraph (4) of subdivision (a) and subdivision (d), the person
or agency proposing the facility shall submit the site identification
and description of the facility to the task force. Within 90 days
after the site identification and description is submitted to the
task force, the task force shall meet and comment on the facility in
writing. Those comments shall include, but are not limited to, the
relationship between the proposed new or expanded material recovery
facility and the requirements of Section 41780. The task force shall
transmit those comments to the applicant, to the county, and to all
of the cities in the county.
(d) On or before February 1, 1991, each county, by vote of the
board of supervisors and the majority of the cities in the county
containing a majority of the population of the incorporated area of
the county, except in those counties which have only two cities, in
which case the vote is subject to approval of the city which contains
a majority of the population of the incorporated area of the county,
shall adopt two resolutions after holding a public hearing. One
resolution shall address solid waste transfer facilities which are
designed to, and, as a condition of their permits, shall, recover for
reuse or recycling less than 15 percent of the total volume of
material received by the facility and which serve more than one
jurisdiction. The second resolution shall address solid waste
transfer facilities which are designed to, and, as a condition of
their permits, shall, recover for reuse or recycling less than 15
percent of the total volume of material received by the facility and
which serve only one jurisdiction. These resolutions shall specify
whether the facilities shall be subject to the review and approval
process described in subdivision (b) or the review and comment
process described in subdivision (c). If the resolutions required by
this subdivision are not adopted on or before February 1, 1991,
those facilities shall be subject to the review process described in
subdivision (c).
For purposes of this subdivision, a facility serves only one
jurisdiction if it serves only one city, only the unincorporated area
of one county, or only one city and county.
SEC. 41. Section 50001 of the Public Resources Code is amended to
read:
50001. (a) Except as provided by subdivision (b), after a
countywide or regional agency integrated waste management plan has
been approved by the California Integrated Waste Management Board
pursuant to Division 30 (commencing with Section 40000), no person
shall establish or expand a solid waste facility, as defined in
Section 40194, in the county unless the solid waste facility meets
one of the following criteria:
(1) The solid waste facility is a disposal facility or a
transformation facility, the location of which is identified in the
countywide siting element or amendment thereto, which has been
approved pursuant to Section 41721.
(2) The solid waste facility is a facility which is designed to,
and which as a condition of its permit, will recover for reuse or
recycling at least 5 percent of the total volume of material received
by the facility, and which is identified in the nondisposal facility
element or amendment thereto, which has been approved pursuant to
Section 41800 or 41801.5.
(b) Solid waste facilities other than those specified in
paragraphs (1) and (2) of subdivision (a) shall not be required to
comply with the requirements of this section.
(c) The person or agency proposing to establish a solid waste
facility shall prepare and submit a site identification and
description of the proposed facility to the task force established
pursuant to Section 40950. Within 90 days after the site
identification and description is submitted to the task force, the
task force shall meet and comment on the proposed solid waste
facility in writing. These comments shall include, but are not
limited to, the relationship between the proposed solid waste
facility and the implementation schedule requirements of Section
41780 and the regional impact of the facility. The task force shall
transmit these comments to the person or public agency proposing
establishment of the solid waste facility, to the county, and to all
cities within the county. The comments shall become part of the
official record of the proposed solid waste facility.
(d) The review and comment by the local task force required by
subdivision (c) for amendment to an element may be satisfied by the
review required by subdivision (a) of Section 41734 for an amendment
to an element.
SEC. 42. It is the intent of the Legislature that local
governments and state agencies that own or operate real property in
this state should work cooperatively to meet the requirements of the
California Integrated Waste Management Act of 1989 (Division 30
(commencing with Section 40000) of the Public Resources Code).
SEC. 43. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
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, within the meaning of Section
17556 of the Government Code.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 44. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to promote the public health and safety pursuant to this
act at the earliest possible time, it is necessary that this act take
effect immediately.