BILL NUMBER: AB 737	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN SENATE  SEPTEMBER 2, 2009
	AMENDED IN SENATE  AUGUST 26, 2009
	AMENDED IN SENATE  JUNE 30, 2009

INTRODUCED BY    Committee on Environmental Safety and Toxic
Materials   (   Chesbro (Chair),
Miller (Vice Chair), Davis, Feuer, Monning, Ruskin, and Smyth
  )  Assembly Member   Chesbro


                        FEBRUARY 26, 2009

    An act to amend Sections 25251, 25257, 116450, 116455,
and 116470 of the Health and Safety Code, relating to environmental
safety.  An act to amend Sections 41730, 41731, 41734,
41735, 41736, 41800, and 42926 of, to add Sections 40004, 41734.5,
and 41780.01 to, and to add Chapter 12.8 (commencing with Section
42649) to Part 3 of Division 30 of, the Public Resources Code,
relating to solid waste. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 737, as amended,  Committee on Environmental Safety and
Toxic Materials   Chesbro  . 
Environmental safety: public water systems: public notification:
Toxics Information Clearinghouse.   Solid waste:
diversion.  
   (1) The California Integrated Waste Management Act of 1989, which
is administered by the California Integrated Waste Management Board,
requires each city, county, and regional agency, if any, to develop a
source reduction and recycling element of an integrated waste
management plan containing specified components, including a source
reduction component, a recycling component, and a composting
component. With certain exceptions, the source reduction and
recycling element of that plan is required to divert 50% of all solid
waste from landfill disposal or transformation by January 1, 2000,
through source reduction, recycling, and composting activities. 

   Existing law requires the board to review, at least once every 2
years, a jurisdiction's source reduction and recycling element and
household hazardous waste element. The board is required to issue an
order of compliance if the board finds that a jurisdiction has failed
to implement its source reduction and recycling element or its
household hazardous waste element, pursuant to a specified procedure.
If, after issuing an order of compliance, the board finds the city,
county, or regional agency has failed to make a good faith effort to
implement those elements, the board is authorized to impose
administrative civil penalties upon the city, county, or regional
agency.  
   This bill would require the board, on January 1, 2020, and
annually thereafter, to ensure that 75% of all solid waste generated
is source reduced, recycled, or composted. The bill would prohibit
the board from imposing any enforceable requirements against a local
agency or a solid waste enterprise or that includes aspects of solid
waste handling that are of local concern to implement this 75%
diversion level.  
   (2) Existing law requires a local agency to impose certain
requirements on an operator of a large venue or event to facilitate
solid waste reduction, reuse, and recycling.  
   This bill would require the owner or operator of a business that
contracts for solid waste services and generates more than 4 cubic
yards of total solid waste and recyclable materials per week to take
specified action by January 1, 2011.  
   The bill would require a jurisdiction to implement a commercial
recycling program meeting specified elements but would not require
the jurisdiction to revise its source reduction and recycling element
if the jurisdiction adds or expands a commercial recycling program
to meet this requirement. By requiring a jurisdiction to implement a
commercial recycling program, this bill would impose a state-mandated
local program.  
   The bill would require the board to review a jurisdiction's
compliance with the above requirement as a part of the board's review
of a jurisdiction's compliance with the 50% solid waste diversion
requirement.  
   (3) Existing law requires a city, county, and city and county to
incorporate the nondisposal facility element and any amendment to the
element into the revised source reduction and recycling element at
the time of the 5-year revision of the source reduction and recycling
element. Existing law requires the board to review an amendment to a
nondisposal facility element. Existing law requires a local task
force to review and comment on amendments to a nondisposal facility
element.  
   This bill would repeal those requirements. The bill would instead
require a city, county, city and county, or regional agency to update
all information required to be included in the nondisposal facility
element. The bill would provide that the update is not subject to
approval by the board or comment and review by a local task force.
 
   (4) Existing law requires each state agency to submit an annual
report to the board summarizing its progress in reducing solid waste
that is due on September 1 of each year starting in 2010.  
   This bill would change the due date to May 1 of each year. 

   (5) 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.  
   Existing law, known as the California Safe Drinking Water Act,
requires the State Department of Public Health to administer
provisions relating to the regulation of drinking water to protect
public health, including, but not limited to, conducting research,
studies, and demonstration programs relating to the provision of a
dependable, safe supply of drinking water, enforcing the federal Safe
Drinking Water Act, adoption of enforcement regulations, and
conducting studies and investigations to assess the quality of water
in domestic water supplies.  
   Existing law requires every public water system to notify users
when certain monitoring or other requirements have not been complied
with, to notify customers when a failure to comply with a primary
drinking water standard represents an imminent danger, to notify
consumers of confirmation of detected contaminants, and to annually
deliver a prescribed consumer confidence report to each consumer.
 
   This bill would, in addition, require posting of the notices and
reports on the public water system's Internet Web site, if the public
water system maintains an Internet Web site. The bill would permit
the public water system, except when issued a Tier 1 notice, as
defined, to remove or supplement the posted information when certain
conditions are met.  
   Existing law requires the Department of Toxic Substances Control
to establish a Toxics Information Clearinghouse for the collection,
maintenance, and distribution of specific chemical hazard traits and
environmental and toxicological end-point data and defines "consumer
product" for purposes of these provisions.  
   This bill would correct spelling errors and make other technical
conforming changes to these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Legislature finds and declares
both of the following:  
   (1) Since the enactment of the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section 40000)
of the Public Resources Code), local governments and private
industries have worked jointly to create an extensive material
collection and recycling infrastructure and have implemented
effective programs to achieve a statewide diversion rate above 50
percent.  
   (2) Although the state now leads the nation in solid waste
reduction and recycling, the state continues to dispose of more than
40 million tons of solid waste each year, which is more than the
national average on a per capita basis. Additional efforts must be
undertaken to divert more solid waste from disposal in order to
conserve scarce natural resources.  
   (b) The Legislature further finds and declares all of the
following:  
   (1) Approximately 64 percent of the state's solid waste disposal
is from commercial sources, including commercial, industrial,
construction, and demolition activities. In addition, 8 percent of
the state's solid waste disposal is from multifamily residential
housing that is often collected along with the commercial waste
stream.  
   (2) The state's local governments have made significant progress
in reducing the amount of solid waste disposal from single-family
residential sources that make up 28 percent of the state's disposal,
but have faced more challenges in reducing disposal from the
commercial and multifamily sources.  
   (3) The disposal of recyclable materials in the commercial solid
waste stream prevents materials from circulating in the state economy
to produce jobs and new products. Reducing the disposal of these
materials will conserve landfill capacity and contribute to a
reduction in greenhouse gas emissions and climate change.  
   (4) The state has long been a national and international leader in
environmental stewardship efforts and mandating the diversion of
solid waste away from disposal. Bold environmental leadership and a
new approach are needed to divert commercial solid waste away from
disposal.  
   (5) By exercising a leadership role, the state will lead the
business community toward a future in which the environment and the
economy both grow stronger together by recycling materials, which
creates new jobs, instead of burying resources, which exit the
economy forever.  
   (6) By requiring commercial recycling, the state will help
businesses reduce costly disposal fees and reclaim valuable
resources. 
   SEC. 2.    Section 40004 is added to the  
Public Resources Code  , to read:  
   40004.  (a) The Legislature finds and declares all of the
following:
   (1) Solid waste diversion and disposal reduction require the
availability of adequate solid waste processing and composting
capacity.
   (2) The existing network of public and private solid waste
processing and composting facilities provides a net environmental
benefit to the communities served, and represents a valuable asset
and resource of this state, one that must be sustained and expanded
to provide the additional solid waste processing capacity that will
be required to achieve the additional solid waste diversion targets
expressed in Section 41780.01 and the commercial recycling
requirement expressed in Section 42649.
   (3) The provisions in existing law that confer broad discretion on
local agencies to determine aspects of solid waste handling that are
of local concern have significantly contributed to the statewide
diversion rate exceeding 50 percent, and further progress toward
decreasing solid waste disposal requires that this essential element
of local control be preserved.
   (b) It is the intent of the Legislature to encourage the
development of the additional solid waste processing and composting
capacity that is needed to meet state objectives for decreasing solid
waste disposal by identifying incentives for local governments to
locate and approve new or expanded facilities that meet and exceed
their capacity needs, and to recognize local agencies that make
significant contributions to the state's overall solid waste
reduction and recycling objectives through the siting of facilities
for the processing and composting of materials diverted from the
solid waste stream.
   (c) By setting a new solid waste diversion target in Section
41780.01 and new commercial waste recycling requirements in Section
42649, the Legislature does not intend to limit a right afforded to
local governments pursuant to Section 40059, or to modify or abrogate
in any manner the rights of a local government or solid waste
enterprise with regard to a solid waste handling franchise or
contract. 
   SEC. 3.    Section 41730 of the   Public
Resources Code   is amended to read: 
   41730.  Except as provided in Section 41750.1, each city shall
prepare, adopt, and, except for a city and county, transmit to the
county in which the city is located a nondisposal facility element
that includes all of the information required by this chapter and
that is consistent with the implementation of a city source reduction
and recycling element adopted pursuant to this part.  The
nondisposal facility element and any amendments to the element may be
appended to the city's source reduction and recycling element when
that element is included in the countywide integrated waste
management plan, prepared pursuant to Section 41750.  The
nondisposal facility element and any  amendments 
 updates  to the element shall not be subject to the
approval of the county and the majority of cities with the majority
of the population in the incorporated area.
   SEC. 4.    Section 41731 of the   Public
Resources Code   is amended to read: 
   41731.  Except as provided in Section 41750.1, each county shall
prepare, adopt, and, except for a city and county, transmit to the
cities located in the county a nondisposal facility element that
includes all of the information required by this chapter and that is
consistent with the implementation of a county source reduction and
recycling element adopted pursuant to this part.  The
nondisposal facility element and any amendments to the element may be
appended to the county's source reduction and recycling element when
that element is included in the countywide integrated waste
management plan prepared pursuant to Section 41750.  The
nondisposal facility element and any  amendments 
 updates  to the element shall not be subject to the
approval of the majority of cities with the majority of the
population in the incorporated area.
   SEC. 5.    Section 41734 of the   Public
Resources Code   is amended to read: 
   41734.  (a) (1) Prior to adopting  or amending  a
nondisposal facility element, the city, county, or regional agency
shall submit the element  or amendment  to the task
force created pursuant to Section 40950 for review and comment.
   (2) Prior to adopting  or amending  a regional
agency nondisposal facility element, if the jurisdiction of the
regional agency extends beyond the boundaries of a single county, the
regional agency shall submit the element  or amendment
 for review and comment to each task force created pursuant
to Section 40950 of each county within the jurisdiction of the
regional agency.
   (b) Comments by the task force shall include an assessment of the
regional impacts of potential diversion facilities and shall be
submitted to the  city ,   city,  county,
or regional agency and to the board within 90 days of the date of
receipt of the nondisposal facility element for review and comment.
   SEC. 6.    Section 41734.5 is added to the  
Public Resources Code  , to read:  
   41734.5.  (a) Once a nondisposal facility element has been
adopted, the city, county, or regional agency shall update all
information required to be included in the nondisposal facility
element, including, but not limited to, new information regarding
existing and new, or proposed nondisposal facilities.
   (b) Updates shall be provided to the board within 30 days of any
change in information.
   (c) Copies of the updated information shall also be provided to
the local task force and shall be appended or otherwise added to the
nondisposal facility element.
   (d) The local task force shall not be required to review and
comment on the updates to the nondisposal facility elements.
   (e) Updates to the nondisposal facility elements are not subject
to approval by the board. 
   SEC. 7.    Section 41735 of the   Public
Resources Code   is amended to read: 
   41735.  (a) Notwithstanding Division 13 (commencing with Section
21000), the adoption or  amendment   update
 of a nondisposal facility element shall not be subject to
environmental review.
   (b) Local agencies may impose a fee on project proponents to fund
their necessary and actual costs of preparing and approving 
amendments   upd   ates  to nondisposal
facility elements.
   SEC. 8.    Section 41736 of the   Public
Resources Code   is amended to read: 
   41736.  It is not the intent of the Legislature to require cities
and counties to revise their source reduction and recycling elements
to comply with the requirements of this chapter.  At the time
of the five-year revision of the source reduction and recycling
element, each city, county, and city and county shall incorporate the
nondisposal facility element and any amendments thereto into the
revised source reduction and recycling element. 
   SEC. 9.    Section 41780.01 is added to the 
 Public Resources Code   , to read:  
   41780.01.  On or before January 1, 2020, and annually thereafter,
the board shall ensure that 75 percent of solid waste generated is
source reduced, recycled, or composted. In implementing this section,
the board shall not include any requirements that are enforceable
against a local agency or solid waste enterprise, or that includes
aspects of solid waste handling that are of local concern. 
   SEC. 10.    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   that  the
board has determined to be complete, or any element of the plan
 which   that  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   that  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   that  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   that  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. 11.    Chapter 12.8 (commencing with Section
42649) is added to Part 3 of Division 30 of the   Public
Resources Code   , to read:  
      CHAPTER 12.8.  COMMERCIAL RECYCLING


   42649.  (a) It is the intent of the Legislature to require
businesses to recycle solid waste that they generate.
   (b) It is the intent of the Legislature to allow jurisdictions
flexibility in developing and maintaining commercial recycling
programs.
   42649.1.  For the purposes of this chapter, the following terms
mean the following:
   (a) "Business" means a commercial entity operated by a firm,
partnership, proprietorship, joint stock company, corporation, or
association that is organized as a for-profit or nonprofit entity, or
a multifamily residential dwelling of five units or more.
   (b) "Commercial waste generator" means a business subject to
subdivision (a) of Section 42649.2.
   (c) "Self-hauler" means a business that hauls its own waste rather
than contracting for that service.
   42649.2.  (a) On or before January 1, 2011, the owner or operator
of a business that contracts for solid waste services and generates
more than four cubic yards of total solid waste and recyclable
materials that are not solid waste per week shall arrange for
recycling services, consistent with state or local laws or
requirements, including a local ordinance or agreement, applicable to
the collection, handling, or recycling of solid waste, to the extent
that these services are offered and reasonably available from a
local service provider.
   (b) A commercial waste generator shall take either of the
following actions:
   (1) Source separate specified recyclable materials from solid
waste and subscribe to a basic level of recycling service that
includes the collection of those recyclable materials or specific
provisions for authorized self-hauling.
   (2) Subscribe to an alternative type of recycling service that may
include mixed waste processing that yields diversion results
comparable to source separation.
   42649.3.  (a) Each jurisdiction shall implement a commercial
recycling program appropriate for that jurisdiction designed to
divert solid waste from businesses whether or not the jurisdiction
has met the requirements of Section 41780.
   (b) If a jurisdiction already has a commercial recycling program
as one of its diversion elements that meets the requirements of this
section, it shall not be required to implement a new or expanded
commercial recycling program.
   (c) The commercial recycling program shall be directed at a
business, as defined in subdivision (a) of Section 42649.1, and may
include, but is not limited to, any of the following:
   (1) Implementing a mandatory commercial recycling policy or
ordinance.
   (2) Requiring a mandatory commercial recycling program through a
franchise contract or agreement.
   (3) Requiring all commercial recycling material to go through a
mixed processing system that diverts material from disposal.
   (d) The commercial recycling program shall include education and
outreach to businesses.
   (e) The commercial recycling program may include enforcement and
monitoring provisions.
   (f) The commercial recycling program may include certification
requirements for self-haulers.
   (g) The board shall review a jurisdiction's compliance with this
section as part of the board's review required by Section 41825.
   42649.4.  (a) If a jurisdiction adds or expands a commercial
recycling program to meet the requirements of Section 42649.3, the
jurisdiction shall not be required to revise its source reduction and
recycling element, or obtain the board's approval pursuant to
Article 1 (commencing with Section 41800) of Chapter 7 of Part 1.
   (b) If an addition or expansion of a jurisdiction's commercial
recycling program is necessary, the jurisdiction shall update in its
annual report required pursuant to Section 41821.
   42649.5.  (a) This chapter does not limit the authority of a local
agency to adopt, implement, or enforce a local commercial recycling
requirement that is more stringent or comprehensive than the
requirements of this section or limit the authority of a local agency
in a county with a population of less than 200,000 to require
commercial recycling.
   (b) This chapter does not modify or abrogate in any manner any of
the following:
   (1) A franchise granted or extended by a city, county, or other
local government agency.
   (2) A contract, license, or permit to collect solid waste
previously granted or extended by a city, county, or other local
government agency.
   (3) The existing right of a business to sell or donate its
recyclable materials. 
   SEC. 12.    Section 42926 of the   Public
Resources Code   is amended to read: 
   42926.  (a) In addition to the information provided to the board
pursuant to Section 12167.1 of the Public Contract Code, each state
agency shall submit an annual report to the board summarizing its
progress in reducing solid waste as required by Section 42921. The
annual report shall be due on or before  September 1, 2009
  May 1, 2010  , and on or before 
September   May  1 in each subsequent year. The
information in this report shall encompass the previous calendar
year.
   (b) Each state agency's annual report to the board shall, at a
minimum, include all of 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 employees, economics, or other
factors.
   (3) A summary of progress made in implementing the integrated
waste management plan.
   (4) The extent to which the state agency intends to utilize
programs or facilities established by the local agency for the
handling, diversion, and disposal of solid waste. If the state agency
does not intend to utilize those established programs or facilities,
the state agency shall identify sufficient disposal capacity for
solid waste that is not source reduced, recycled, or composted.
   (5) Other information relevant to compliance with Section 42921.
   (c) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the agency's integrated
waste management plan needs to be revised.
   SEC. 13.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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.  All
matter omitted in this version of the bill appears in the bill as
amended in Senate, September 2, 2009 (JR11)