BILL NUMBER: SB 25 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Padilla
DECEMBER 1, 2008
An act to add Article 4 (commencing with Section 40520) to Chapter
3 of Part 1 of Division 30 of the Public Resources Code, relating to
solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 25, as introduced, Padilla. Solid waste: diversion.
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. 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.
This bill would require the board, by July 1, ____, to develop a
strategic and comprehensive plan to achieve, on or before January 1,
____, a diversion rate of 75% of solid waste statewide from landfill
disposal or transformation.
The bill would require the board to adopt policies, programs, and
incentives to ensure that on or before December 21, ____, 60% of all
solid waste generated in the state is source reduced, recycled, or
composted and to ensure that on or before January 1, ____, and
annually thereafter, 75% of all solid waste generated is source
reduced, recycled, or composted.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4 (commencing with Section 40520) is added to
Chapter 3 of Part 1 of Division 30 of the Public Resources Code, to
read:
Article 4. Statewide Diversion
40520. The Legislature finds and declares all of the following:
(a) Since the enactment of this division, local governments and
private industry 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.
(b) Although the state now leads the nation in waste reduction and
recycling, the state continues to dispose of more than 40 million
tons of waste each year, which is more than the national average on a
per capita basis.
(c) To meet the goals of the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code), there is an urgent need to reduce greenhouse
gas emissions from all aspects of solid waste handling through
increased source reduction, reuse, and recycling.
(d) The purpose of this article is to build on the successful
efforts of local governments and private industry to achieve a
statewide diversion rate of 75 percent by January 1, ____ , through
strategic statewide initiatives developed and implemented by the
board.
40521. On or before July 1, ____ , the board shall develop a
strategic and comprehensive plan to achieve, on or before January 1,
____, a diversion rate of 75 percent of solid waste statewide from
landfill disposal or transformation. The plan developed by the board
shall include all of the following:
(a) Place primary emphasis on programs that minimize the
generation of solid waste, maximize diversion from landfills, and
manage materials to ensure their highest and best use in accordance
with the waste management hierarchy specified in Section 40051 and in
support of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code).
(b) Include specific statewide strategies for promoting producer
responsibility, increasing commercial recycling, expanding the
recovery of construction and demolition debris, increasing the
diversion of organics, and increasing recycling opportunities for
multifamily housing.
(c) Identify opportunities to update and expand the source
reduction and recycling elements of the local integrated waste
management plans prepared pursuant to Chapter 2 (commencing with
Section 41000) or Chapter 3 (commencing with Section 41300) of Part
2, to include cost-effective opportunities to advance waste
management practices that increase diversion and reduce greenhouse
gas emissions.
(d) Include specific strategies to enable each state agency to
achieve a diversion rate of 75 percent on or before January 1, ____ .
(e) Identify incentives, investments, and environmentally sound
processing technologies that are necessary to achieve a diversion
rate of 75 percent.
40522. The board shall adopt policies, programs, and incentives
to ensure that solid waste generated in this state is source reduced,
recycled, or composted, in accordance with the following schedule:
(a) On or before December 21, ____, ensure that 60 percent of all
solid waste generated is source reduced, recycled, or composted.
(b) On or before January 1, ____, and annually thereafter, ensure
that 75 percent of all solid waste generated is source reduced,
recycled, or composted.