Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1594

Introduced by Assembly Member Williams

February 3, 2014

An act to amend Section 41781.3 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1594, as amended, Williams. Solid waste: recycling: diversion: green material.

The existing California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions. Under the act, the use of solid waste for beneficial reuse in the construction and operation of a solid waste landfill, including the use of alternative daily cover, constitutes diversion through recycling and is not considered disposal.

This begin delete bill would authorize the department, if the department makes a specified determination, to adopt regulations to provide end delete begin insert bill, commencing January 1, 2020, would provide end insert that the use of green begin delete material end delete begin insert material, not including materials left over from the composting process, end insert as alternative daily cover begin delete or alternative intermediate cover end delete does not constitute diversion through recycling and would be considered disposal for purposes of the act. begin insert The bill would authorize a jurisdiction that, as a result of these provisions, would not be able to meet certain diversion requirements to apply to the department for up to a 2-year delay from being subject to these provisions. The bill would require the application form, to be developed by the department, to require the applicant to include specified information. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the diversion of solid waste. end insert

begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 41781.3 of the Public Resources Code
is amended to read:

41781.3.  

(a) (1) Except as provided in paragraph (2), the use
of solid waste for beneficial reuse in the construction and operation
of a solid waste landfill, including use of alternative daily cover,
which reduces or eliminates the amount of solid waste being
disposed pursuant to Section 40124, shall constitute diversion
through recycling and shall not be considered disposal for purposes
of this division.

begin delete

(2) (A) The department may adopt regulations to provide that
the use of green material, as defined in regulations by the
department, as alternative daily cover or alternative intermediate
cover, does not constitute diversion through recycling and shall
be considered disposal for purposes of this division if the
department determines that the regulations are necessary to meet
the policy goals described in Section 41780.01.

end delete begin delete

(B) If the department adopts regulations pursuant to
subparagraph (A), the department shall consult with the compost
industry, local governments, environmental organizations, landfill
operators, and other stakeholders.

end delete begin insert

(2) Commencing January 1, 2020, the use of green material as
alternative daily cover, not including materials left over from the
composting process, does not constitute diversion through recycling
and shall be considered disposal for purposes of this division.

end insert begin insert

(3) (A) If, after January 1, 2020, a local jurisdiction will no
longer be in compliance with Section 41780 as a result of using
green material as alternative daily cover, that jurisdiction,
pursuant to subparagraph (B), may, before that date, apply to the
department for up to a two-year extension.

end insert begin insert

(B) An application form for an extension pursuant to this
paragraph shall be developed by the department and shall require
the applicant to do both of the following:

end insert begin insert

(i) Identify all of the following:

end insert begin insert

(I) Existing organic waste recycling facilities within a
reasonable vicinity of the local jurisdiction and the capacities
available for materials to be accepted at each facility.

end insert begin insert

(II) Facilities for potential expansion or colocation.

end insert begin insert

(III) Closed or abandoned sites within the jurisdiction that might
be available for use as new recycling facilities.

end insert begin insert

(IV) Other nondisposal opportunities and markets.

end insert begin insert

(V) Appropriate zoning and permit requirements for the location
of new organic waste recycling facilities.

end insert begin insert

(VI) Incentives available for developing new organic waste
recycling facilities.

end insert begin insert

(ii) Identify barriers to siting new or expanded organic waste
recycling facilities and a plan to remedy those barriers that are
within the control of the local jurisdiction.

end insert begin insert

(C) Upon receipt of an application pursuant to this paragraph,
the department may, at its sole discretion, grant as to a local
jurisdiction up to a two-year delay of the requirements imposed
by paragraph (2).

end insert

(b) Before December 31, 1997, pursuant to the department’s
authority to adopt rules and regulations pursuant to Section 40502,
the department shall, by regulation, establish conditions for the
use of alternative daily cover that are consistent with this division.
In adopting the regulations, the department shall consider, but is
not limited to, all of the following criteria:

(1) Those conditions established in past policies adopted by the
department affecting the use of alternative daily cover.

(2) Those conditions necessary to provide for the continued
economic development, economic viability, and employment
opportunities provided by the composting industry in the state.

(3) Those performance standards and limitations on maximum
functional thickness necessary to ensure protection of public health
and safety consistent with state minimum standards.

(c) Until the adoption of additional regulations, the use of
alternative daily cover shall be governed by the conditions
established by the department in its existing regulations set forth
in paragraph (3) of subdivision (b) of, and paragraph (3) of
subdivision (c) of, Section 18813 of Title 14 of the California Code
of Regulations, as those sections read on January 1, 1997, and by
the conditions established in the department’s policy adopted on
January 25, 1995.

(d) In adopting rules and regulations pursuant to this division,
including, but not limited to, Part 2 (commencing with Section
40900), the department shall provide guidance to local enforcement
agencies on any conditions and restrictions on the utilization of
alternative daily cover so as to ensure proper enforcement of those
rules and regulations.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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, within the meaning of Section
17556 of the Government Code.

end insert