BILL NUMBER: AB 2670 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2012
AMENDED IN ASSEMBLY MARCH 28, 2012
INTRODUCED BY Committee on Natural Resources (Assembly Members
Chesbro (Chair), Brownley, Dickinson, Halderman, Huffman, Monning,
and Skinner)
MARCH 5, 2012
An act to amend Sections 42301, 42649.1, and
42649.3 , and 44004 of the Public Resources Code, relating
to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2670, as amended, Committee on Natural Resources. Solid waste
plans: recycling. recycling: facilities.
(1) The California Integrated Waste Management Act of 1989
requires rigid plastic packaging containers that are sold or offered
for sale in this state to meet, on average, one of specified criteria
and defines terms for purposes of those requirements. One of those
criteria that a rigid plastic packaging container may meet to satisfy
this requirement is that the container be source reduced. The act
provides for the enforcement of these requirements by the
department Department of Resources Recycling and
Recovery and provides that an entity making a false
certification pursuant to those requirements is subject to a
violation for fraud.
This bill would revise the definitions of the various terms used
in the those requirements, including revising the definition of the
term "source reduced" to impose new requirements, thereby imposing a
state-mandated local program by changing the definition of a crime.
(2) The act requires a business, which is defined as a commercial
or public entity, that generates more than 4 cubic yards of
commercial solid waste per week or is a multifamily residential
dwelling of 5 units or more, to arrange for recycling services.
Existing law also requires jurisdictions to implement a commercial
solid waste recycling program meeting specified elements. Existing
law defines the term "commercial solid waste" by reference to a
specified regulation.
This bill would instead define commercial solid waste in statute
to include all types of solid waste generated by a store, office, or
other commercial or public entity source, including a business or a
multifamily dwelling of 5 or more units, thereby imposing a
state-mandated local program by imposing new requirements upon local
jurisdictions.
(3) Existing law requires an operator of a solid waste facility
that wants to change the design or operation of the solid waste
facility in a manner not authorized by the current permit to apply
for a revised permit, and the enforcement agency is required to
inform the operator and the department of its determination to allow
the change without revision of the permit, disallow the change,
require a revision of the permit to allow the change, or require
review under the California Environmental Quality Act before a
decision is made. The enforcement agency is required to conduct a
hearing regarding the proposed determination.
This bill exempt from the hearing process, a change without a
revision to the permit and make other technical corrections.
(3)
(4) 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 specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42301 of the Public Resources Code is amended
to read:
42301. For purposes of this chapter, the following definitions
apply:
(a) "Container manufacturer" means a company or a successor
company that manufactures and sells any rigid plastic packaging
container subject to this chapter to a manufacturer that sells or
offers for sale in this state any product packaged in that container.
(b) "Curbside collection program" means a recycling program that
collects materials set out by households for collection at the curb
at intervals not less than every two weeks. "Curbside collection
program" does not include redemption centers, buyback locations,
drop-off programs, material recovery facilities, or plastic recovery
facilities.
(c) "Refillable package" means a rigid plastic packaging container
that is routinely returned to and refilled by the product
manufacturer or its agent at least five times with the original
product contained by the rigid plastic packaging containers.
(d) "Reusable package" means a rigid plastic packaging container
that is routinely reused by consumers at least five times to store
the original product contained by the package.
(e) "Manufacturer" means the producer or generator of a product
that is sold or offered for sale in the state and that is stored
inside of a rigid plastic packaging container.
(f) "Rigid plastic packaging container" means a plastic packaging
container having a relatively inflexible finite shape or form, with a
minimum capacity of eight fluid ounces or its equivalent volume and
a maximum capacity of five fluid gallons or its equivalent volume,
that is capable of maintaining its shape while holding other
products, including, but not limited to, bottles, cartons, and other
receptacles, for sale or distribution in the state.
(g) (1) "Postconsumer material" means a material that would
otherwise be destined for solid waste disposal, having completed its
intended end use and product lifecycle.
(2) Except as provided in paragraph
paragraphs (3) and (4) , postconsumer material does
not include materials and byproducts generated from, and commonly
reused within, an original manufacturing and fabrication process.
(3) "Postconsumer material" includes finished plastic packaging
that has been rejected by a container or product manufacturer, and
that would be commonly disposed of, if the department determines the
material is later used in a process that is other than an original
manufacturing and fabrication process.
(4) "Postconsumer material" includes a rigid plastic packaging
container holding an obsolete or unsold product that is commonly
disposed of, and not commonly reused, within an original
manufacturing process, if the rigid plastic packaging container is
used as feedstock for new rigid plastic packaging containers or under
the alternative compliance method established by Section 42310.3.
(h) "Recycled" means a product or material that has been reused in
the production of another product and has been diverted from
disposal in a landfill.
(i) "Recycling rate" means the proportion, as measured by weight,
volume, or number, of a rigid plastic packaging container sold or
offered for sale in the state that is being recycled in a given
calendar year, that is one of the following:
(1) A particular type of rigid plastic packaging container, such
as a milk jug, soft drink container, or detergent bottle.
(2) A product-associated rigid plastic packaging container.
(3) A single resin type, as specified in Section 18015, of rigid
plastic packaging container, notwithstanding the exemption of that
container from this chapter pursuant to subdivision (b), (c), or (d)
of Section 42340.
(j) (1) "Source reduced container" means a rigid plastic container
for which the container weight per unit or number of product uses
has been reduced by 10 percent when compared with one of the
following:
(A) The rigid plastic packaging container used for the product by
the manufacturer on January 1, 1995.
(B) The rigid plastic packaging container used for that product
by the product manufacturer over the course of the first full year of
commerce in this state.
(C) A rigid plastic packaging container used in commerce in this
state during the same year for similar products in similar rigid
plastic packaging containers by the product manufacturer whose
containers have not been considered source reduced, or a particular
type of rigid plastic packaging container that is used to hold a
similar product by other product manufacturers, as determined by the
department, whose containers have not been considered source reduced.
(2) A rigid plastic packaging container is not a source reduced
container for the purposes of this chapter if the reduction was
achieved by any of the following:
(A) Substituting a different material type for a material that
previously constituted the principal material of the container.
(B) Increasing a container's weight per unit or number of product
uses after January 1, 1991.
(C) Packaging changes that adversely affect the potential for the
rigid plastic packaging container to be recycled or to be made of
postconsumer material.
(k) "Product-associated rigid plastic packaging container" means a
brand-specific, rigid plastic packaging container line that may have
one or more sizes, shapes, or designs and that is used in
conjunction with a particular generic product line.
( l ) "PETE" means polyethylene terephthalate as
specified in subdivision (a) of Section 18015.
(m) "HDPE" means high-density polyethylene.
SEC. 2. Section 42649.1 of the Public Resources Code is amended to
read:
42649.1. For purposes of this chapter, the following shall apply:
(a) "Business" means a commercial or public entity, including, but
not limited to, 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.
(b) "Commercial solid waste" includes all types of solid waste
generated by a store, office, or other commercial or public entity
source, including a business or a multifamily dwelling of five or
more units.
(c) "Commercial waste generator" means a business subject to
subdivision (a) of Section 42649.2.
(d) "Self-hauler" means a business that hauls its own waste rather
than contracting for that service.
SEC. 3. Section 42649.3 of the Public Resources Code is amended to
read:
42649.3. (a) On and after July 1, 2012, each jurisdiction shall
implement a commercial solid waste recycling program appropriate for
that jurisdiction designed to divert commercial solid waste from
businesses subject to Section 42649.2, whether or not the
jurisdiction has met the requirements of Section 41780.
(b) If a jurisdiction already has a commercial solid waste
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 solid waste recycling program.
(c) The commercial solid waste recycling program shall be directed
at a commercial waste generator, as defined in subdivision (c) of
Section 42649.1, and may include, but is not limited to, any of the
following:
(1) Implementing a mandatory commercial solid waste recycling
policy or ordinance.
(2) Requiring a mandatory commercial solid waste recycling program
through a franchise contract or agreement.
(3) Requiring all commercial solid waste to go through either a
source separated or mixed processing system that diverts material
from disposal.
(d) The commercial solid waste recycling program shall include
education, outreach to, and monitoring of, businesses. A jurisdiction
shall notify a business if the business is not in compliance with
Section 42649.2.
(e) The commercial solid waste recycling program may include
enforcement provisions that are consistent with a jurisdiction's
authority, including a structure for fines and penalties.
(f) The commercial solid waste recycling program may include
certification requirements for self-haulers.
(g) The department shall review a jurisdiction's compliance with
this section as part of the department's review required by Section
41825. Each jurisdiction shall report the progress achieved in
implementing its commercial recycling program, including education,
outreach, identification, and monitoring, and if applicable,
enforcement efforts, by providing updates in the annual report
required by Section 41821.
(h) The department may also review whether a jurisdiction is in
compliance with this section at any time that the department receives
information that a jurisdiction has not implemented, or is not
making a good faith effort to implement, a commercial recycling
program.
(i) During its review pursuant to subdivision (g) or (h), the
department shall determine whether each jurisdiction has made a good
faith effort to implement its selected commercial recycling program.
For purposes of this section, "good faith effort" means all
reasonable and feasible efforts by a jurisdiction to implement its
commercial recycling program. During its review, the department may
include, but is not limited to, the following factors in its
evaluation of a jurisdiction's good faith effort:
(1) The extent to which businesses have complied with Section
42649.2, including information on the amount of disposal that is
being diverted from the businesses, if available, and on the number
of businesses that are subscribing to service.
(2) The recovery rate of the commercial waste from the material
recovery facilities that are utilized by the businesses, all
information, methods, and calculations, and any additional
performance data, as requested by the department from the material
recovery facilities pursuant to Section 18809.4 of Title 14 of the
California Code of Regulations.
(3) The extent to which the jurisdiction is conducting education
and outreach to businesses.
(4) The extent to which the jurisdiction is monitoring businesses,
and notifying those businesses that are out of compliance.
(5) The availability of markets for collected recyclables.
(6) Budgetary constraints.
(7) In the case of a rural jurisdiction, the effects of small
geographic size, low population density, or distance to markets.
SEC. 4. Section 44004 of the Public
Resources Code is amended to read:
44004. (a) An operator of a solid waste facility shall not make a
significant change in the design or operation of the solid waste
facility that is not authorized by the existing permit, unless the
change is approved by the enforcement agency, the change conforms
with this division and all regulations adopted pursuant to this
division, and the terms and conditions of the solid waste facilities
permit are revised to reflect the change.
(b) If the operator wishes to change the design or operation of
the solid waste facility in a manner that is not authorized by the
existing permit, the operator shall file an application for revision
of the existing solid waste facilities permit with the enforcement
agency. The application shall be filed at least 180 days in advance
of the date when the proposed modification is to take place unless
the 180-day time period is waived by the enforcement agency.
(c) The enforcement agency shall review the application to
determine all of the following:
(1) Whether the change conforms with this division and all
regulations adopted pursuant to this division.
(2) Whether the change requires review pursuant to Division 13
(commencing with Section 21000).
(d) Within 60 days from the date of the receipt of the application
for a revised permit, the enforcement agency shall inform the
operator , and if the enforcement agency
is a local enforcement agency, also inform the department,
unless the department is acting in the capacity as the
enforcement agency, of its determination to do any of the
following:
(1) Allow the change without a revision to the permit.
(2) Allow the following changes without a revision to the permit
through a modification to the permit allowed pursuant to regulations
developed by the department:
(A) The proposed change is to allow a nondisposal facility to
increase the amount of solid waste that it may handle and that
increased amount is within the existing design capacity as described
in the facility's transfer processing report and review pursuant to
Division 13 (commencing with Section 21000).
(B) The proposed change is to allow a disposal facility to add a
nondisposal activity to the facility that will increase the amount of
solid waste that may be handled as described in the facility's
report of facility information and review pursuant to Division 13
(commencing with Section 21000).
(3) Disallow the change because it does not conform with the
requirements of this division or the regulations adopted pursuant to
this division.
(4) Require a revision of the solid waste facilities permit to
allow the change.
(5) Require review under Division 13 (commencing with Section
21000) before a decision is made.
(e) The operator has 30 days within which to appeal the decision
of the enforcement agency to the hearing panel, as authorized
pursuant to Article 2 (commencing with Section 44305) of Chapter 4.
The enforcement agency shall provide notice of a hearing held
pursuant to this subdivision in the same manner as notice is provided
pursuant to subdivision (h).
(f) Under circumstances that present an immediate danger to the
public health and safety or to the environment, as determined by the
enforcement agency, the 180-day filing period may be waived.
(g) (1) A permit revision is not required for the temporary
suspension of activities at a solid waste facility if the suspension
meets either of the following criteria:
(A) The suspension is for the maintenance or minor modifications
to a solid waste unit or to solid waste management equipment.
(B) The suspension is for temporarily ceasing the receipt of solid
waste at a solid waste management facility and the owner or operator
is in compliance with all other applicable terms and conditions of
the solid waste facilities permit and minimum standards adopted by
the department.
(2) An owner or operator of a solid waste facility who temporarily
suspends operations shall remain subject to the closure and
postclosure maintenance requirements of this division and to all
other requirements imposed by federal law pertaining to the operation
of a solid waste facility.
(3) The enforcement agency may impose any reasonable conditions
relating to the maintenance of the solid waste facility,
environmental monitoring, and periodic reporting during the period of
temporary suspension. The department may also impose any reasonable
conditions determined to be necessary to ensure compliance with
applicable state standards.
(h) (1) (A) Before Except with regard to a
change as provided in paragraph (2) of subdivision (d), before
making its determination pursuant to subdivision (d), the
enforcement agency shall submit the proposed determination to the
department for comment and hold at least one public hearing on the
proposed determination. The enforcement agency shall give notice of
the hearing pursuant to Section 65091 of the Government Code, except
that the notice shall be provided to all owners of real property
within a distance other than 300 feet of the real property that is
the subject of the hearing, if specified in the regulations adopted
by the department pursuant to subdivision (i). The enforcement agency
shall also provide notice of the hearing to the department when it
submits the proposed determination to the department.
(B) The enforcement agency shall mail or deliver the notice
required pursuant to subparagraph (A) at least 10 days prior to the
date of the hearing to any person who has filed a written request for
the notice with a person designated by the enforcement agency to
receive these requests. The enforcement agency may charge a fee to
the requester in an amount that is reasonably related to the costs of
providing this service and the enforcement agency may require each
request to be annually renewed.
(C) The enforcement agency shall consider environmental justice
issues when preparing and distributing the notice to ensure that the
notice is concise and understandable for limited-English-speaking
populations.
(2) If the department comments pursuant to paragraph (1), the
department shall specify whether the proposed determination is
consistent with the regulation adopted pursuant to subdivision (i).
(i) (1) The department shall, to the extent resources are
available, adopt regulations that implement subdivision (h) and
define the term "significant change in the design or operation of the
solid waste facility that is not authorized by the existing permit."
(2) While formulating and adopting the regulations required
pursuant to paragraph (1), the department shall consider
recommendations of the Working Group on Environmental Justice and the
advisory group made pursuant to Sections 71113 and 71114 and the
report required pursuant to Section 71115.
SEC. 4. SEC. 5. 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 or because costs that may be incurred by a local agency or
school district will be incurred because this act creates a new crime
or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.