BILL NUMBER: AB 1789	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gilmore

                        FEBRUARY 10, 2010

   An act to amend Section 41787 of the Public Resources Code,
relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1789, as introduced, Gilmore. Solid waste: diversion
requirements.
   Existing law authorizes the Department of Resources Recycling and
Recovery to reduce the diversion requirements for rural cities and
counties if the rural city or county demonstrates, and the department
concurs, based on substantial evidence in the record, that
achievement of the diversion requirements is not feasible due to 2
specified conditions.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 41787 of the Public Resources Code is amended
to read:
   41787.  (a) (1) The  board   Department of
Resources Recycling and Recovery  may reduce the diversion
requirements of Section 41780 for a rural city if the rural city
demonstrates, and the  board   department 
concurs, based on substantial evidence in the record, that
achievement of the diversion requirements is not feasible due to both
of the following conditions:
   (A) The small geographic size or low population density of the
rural city.
   (B) The small quantity of solid waste generated within the rural
city.
   (2) The  board   department  may reduce
the diversion requirements of Section 41780 for the unincorporated
area of a rural county if the rural county demonstrates, and the
 board   department  concurs, based on
substantial evidence in the record, that achievement of the diversion
requirements is not feasible due to both of the following
conditions:
   (A) The large geographic size or low population density of the
rural county.
   (B) The small quantity of solid waste generated within the rural
county.
   (3) The  board   department  may grant a
reduction in diversion requirements pursuant to this subdivision
only if the rural city or the rural county demonstrates to the
 board   department  , and the 
board   department  concurs, based on substantial
evidence in the record, that it has, at a minimum, implemented all of
the following programs:
   (A) A source reduction and recycling program designed to handle
the predominant classes and types of solid waste generated within the
rural city or rural county.
   (B) A public sector diversion and procurement program.
   (C) A public information and education program.
   (b) If, as part of the review performed pursuant to Section 41825,
the  board   department  finds that a
rural city or a rural county, which previously qualified for a
reduction in diversion requirements pursuant to subdivision (a), is
no longer eligible for that reduction, the  board 
 department  shall issue an order requiring the rural city
or rural county to comply with the diversion requirements of Section
41780.