BILL NUMBER: AB 1178 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 4, 2011
INTRODUCED BY Assembly Member Ma
( Coauthor: Assembly Member
Cedillo )
FEBRUARY 18, 2011
An act to amend Section 42231 of the Public Resources
Code, relating to solid waste, and declaring the urgency thereof, to
take effect immediately. An act to amend Sections
40002, 40900.1, and 41903 of the Public Resources Code, relating to
solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1178, as amended, Ma. Solid waste: compost market
program. place of origin.
Existing law authorizes a city or county to assess special fees of
a reasonable amount on the importation of waste from outside of the
county to publicly owned or privately owned facilities.
This bill would also authorize a local agency to assess those
special fees. The bill would prohibit a city, county, or local agency
from otherwise restricting or limiting in any way the importation of
solid waste into that city or county based on place of origin
because ensuring adequate and appropriate capacity for disposal of
solid waste is a matter of state and regional concern.
Existing law prohibits a city or county from exporting solid waste
to any other jurisdiction unless the exporting city or county has
implemented an approved city or county household hazardous waste
element and a source reduction and recycling element, or has
submitted a countywide integrated waste management plan, with which
it is in compliance.
This bill would also apply that prohibition to a local agency. The
bill would make related changes.
Existing law, the California Integrated Waste Management Act of
1989, establishes a compost market program to increase the use of
compost products, including requiring the Department of General
Services and Department of Resources Recycling and Recovery to
maintain specifications for the purchase of compost by the state and
requiring the Department of Transportation to use compost in place
of, or to supplement, petroleum-based commercial fertilizers in the
state's highway landscape maintenance program. The term compost is
defined, for purposes of this program, as the product resulting from
the controlled biological decomposition of organic wastes that are
source separated from the municipal solid waste stream.
This bill would specify that these organic wastes include, but are
not limited to, vegetable, yard, and wood wastes that are not
hazardous waste.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40002 of the Public
Resources Code is amended to read:
40002. (a) As an essential part of the
state's comprehensive program for solid waste management, and for the
preservation of health and safety, and the well-being of the public,
the Legislature declares that it is in the public interest for the
state, as sovereign, to authorize and require local agencies, as
subdivisions of the state, to make adequate provision for solid waste
handling, both within their respective jurisdictions and in response
to regional needs consistent with the policies, standards, and
requirements of this division and all regulations adopted pursuant to
this division. The provisions of this division which authorize and
require local agencies to provide adequate solid waste handling and
services, and the actions of local agencies taken pursuant thereto,
are intended to implement this state policy.
(b) The Legislature further declares that restrictions on the
disposal of solid waste that discriminate on the basis of the place
of origin of the waste are an obstacle to, and conflict with,
statewide and regional policies to ensure adequate and appropriate
capacity for solid waste disposal.
SEC. 2. Section 40900.1 of the Public
Resources Code is amended to read:
40900.1. The Legislature hereby further finds and declares all of
the following:
(a) It is important to encourage state agencies to plan and
implement programs that will reduce the amount of solid waste going
to disposal facilities through source reduction, recycling, and
composting.
(b) Local agencies, other than a host jurisdiction, and federal
agencies should be encouraged to plan and implement programs that
will reduce the amount of solid waste going to disposal facilities
through source reduction, recycling, and composting.
(c) Each state agency shall, to the extent feasible and within
existing budgetary constraints, develop and implement source
reduction, recycling, and composting programs that will reduce the
amount of solid waste going to disposal facilities. Those programs
shall be consistent with Executive Order W-7-91, which ordered state
agencies to establish recycling programs, reduce paper waste,
purchase recycled products, and implement measures that minimize the
generation of waste.
(d) Local, state, and federal agencies generating solid waste that
is sent to a host jurisdiction for disposal should be encouraged to
provide the host jurisdiction with information on the amount of solid
waste and regarding any solid waste source reduction, recycling, or
composting programs that have been implemented by the agency, to
assist the host jurisdiction in developing and implementing the
planning requirements of this division.
(e) Restrictions or limits on the importation of solid waste based
on the place of origin are not aspects of solid waste handling
subject to local government determination because they unreasonably
limit the disposal of solid waste.
SEC. 3. Section 41903 of the Public
Resources Code is amended to read:
41903. (a) A city or county
, county, or local agency may assess special
fees of a reasonable amount on the importation of waste from outside
of the county to publicly owned or privately owned facilities.
No
(b) A cit y, county, or
local agency may not otherwise restrict or limit in any
way the importation of solid waste into that city or county based on
the place of origin, because ensuring adequate and appropriate
capacity for disposal of solid waste is a matter of state and
regional concern.
(c) A city or county
, county, or local agency shall not
export solid waste to any other jurisdiction unless the exporting
city or county has , done either of the
following:
(1) Implemented, within one year
following the date specified in when the
countywide integrated waste management plan is required to be
submitted to the department pursuant to subdivision (a) or (b) of
Section 41791 , or a later date established or
permitted by the board, department, both
an approved city or county household hazardous waste element and a
source reduction and recycling element which have both been
implemented, or have submitted .
(2) Submitted a countywide
integrated waste management plan, and with
which it is in compliance with it, provided, however,
that, .
(d) Notwithstanding subdivision (c),
until one year following the date specified in
when the countywide integrated waste management plan
is required to be submitted to the department pursuant to subdivision
(a) or (b) of Section 41791 , or a later date
established by the board department ,
nothing herein in this section shall be
construed as prohibiting the export of solid waste. The
board
(e) The department may waive the
requirements of this section subdivision (c)
if the board department
determines that all additional reasonable source reduction and
recycling programs are being implemented in the city or county or if
the board department determines that
the system to export waste supports or enhances the city or county
source recovery and recycling element.
SECTION 1. Section 42231 of the Public
Resources Code is amended to read:
42231. "Compost" means the product resulting from the controlled
biological decomposition of organic wastes, including, but not
limited to, vegetable, yard, and wood wastes that are not hazardous
waste, and that are source separated from the municipal solid waste
stream.
SEC. 2. 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 encourage the use of sustainable compost as soon as
possible, thereby protecting public health and safety and the
environment, it is necessary that this act take effect immediately.