BILL ANALYSIS
AB 1004
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1004 (Portantino)
As Amended July 15, 2010
Majority vote
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|ASSEMBLY: | |(January 19, |SENATE: |34-0 |(August 12, |
| | |2010) | | |2010) |
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(vote not relevant)
Original Committee Reference: L. GOV.
SUMMARY: Extends the deadline for 50% of landfill operators to
opt into participation in the Solid Waste Postclosure and
Corrective Action Trust Fund (Trust Fund) from July 1, 2011 to
January 1, 2012 and makes related technical and clarifying
changes.
The Senate amendments delete the Assembly version of the bill
and instead made the changes noted above to the Solid Waste
Postclosure and Corrective Action Trust Fund (Trust Fund).
EXISTING LAW , pursuant to the California Integrated Waste
Management Act:
1)Requires, operators of solid waste facilities to pay a
"tipping fee" (currently $1.40 per ton) to pay for the state's
cost to regulate those facilities.
2)Requires, owners and operators of solid waste facilities to
plan and provide funds for the closure and management of a
facility after closure, to ensure that there is no
unanticipated impact on the environment from the contents of
the facility. The funding that is arranged by facility owners
for the post-closure period is known as a "financial
assurance."
3)Requires, by January 2008, the Department of Resources
Recycling and Recovery (DRRR) to conduct a study to define the
conditions that potentially affect solid waste landfills,
including technologies and engineering controls designed to
mitigate potential risks, to identify potential long-term
threats to public health and safety and the environment; and,
to conduct a study on various financial assurance mechanisms
AB 1004
Page 2
that would protect the state from long-term postclosure
maintenance and corrective action costs in the event that a
landfill owner or operator fails to meet its legal
obligations.
4)Requires, by July 1, 2009, DRRR to adopt regulations to
address the findings of the studies in 3) above and provide
recommendations for necessary statutory changes to implement
the findings.
5)Establishes, on and after January 1, 2012 , the Trust Fund,
and related program requirements if, on or before July 1,
2011, letters of participation are received from landfill
operators representing at least 50% of the total volume of
waste disposed of in 2010 that indicate they wish to be part
of the program, and additionally:
a) Requires, if the mandated participation level trigger of
50% is reached, then, on or after January 1, 2012, an
additional $0.12 per ton fee will be assessed for the
participating operators to be deposited into the Trust
Fund;
b) Creates a system of requirements for owners and
operators of existing landfills and new landfills to "opt
in" to payment of the fee and states that once they elect
to pay in to the Fund, they may not opt out; and,
c) Specifies eligible uses for the Trust Fund and
establishes related program requirements.
AS PASSED BY THE ASSEMBLY , this bill prohibited a public agency,
in making a determination of liability for purposes of seeking
reimbursement for the expenses of any emergency response, from
making residency a determining factor.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, this bill has
negligible state costs.
COMMENTS : According to the author, this bill is necessary to
allow additional time during the transition from the California
Integrated Waste Management Board to the new DRRR and
anticipates the transition of a new Administration.
AB 1004
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Under existing law, owners and operators of solid waste
facilities are required to plan and provide funds for the
closure and management of a facility after closure to ensure
that there is no unanticipated impact on the environment from
the contents of the facility. The funding that is arranged by
facility owners for the post-closure period is known as a
financial assurance.
Closure is the process during which a landfill is no longer
receiving waste and is being prepared for postclosure
maintenance according to an approved plan and construction
schedule. When a site is closed, it has ceased accepting waste
and has been closed in accordance with applicable statutes,
regulations, and local ordinances in effect at the time.
Closure and postclosure maintenance plans ensure that landfill
closure and postclosure maintenance and the eventual reuse of
disposal sites will conform to state performance standards and
minimum substantive requirements. Common postclosure
maintenance activities include leachate collection and
treatment, groundwater monitoring, inspection and maintenance of
the final landfill cover, and monitoring to ensure that landfill
gases don't migrate off site or into onsite buildings. This
issue is gaining salience as some of the state's largest
landfills approach closure.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0005708