Amended in Assembly May 7, 2014

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 bill, commencing January 1, 2020, would provide that the use of green material, not including materials left over from the composting process, as alternative daily cover does not constitute diversion through recycling and would be considered disposal for purposes of the act. The bill would authorize a jurisdiction that, as a result of these provisions, would not be able to meet certain diversion requirements to apply begin insert before that date end insert to the department for begin insert one deferral of end insert up to begin delete a 2-year delay from being subject to end delete begin insert two-years of the application of end insert 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.

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 a specified reason.

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 41781.3 of the Public Resources Code
is amended to read:

41781.3.  

(a) (1) Except as provided in begin delete paragraph end delete begin insert paragraphs end insert
(2) begin insert and (3) end insert , 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.

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

(3) (A)  begin delete If, after January 1, 2020, end delete begin insert If end insert a local jurisdiction will no
longer be in compliance with Section 41780 begin insert after January 1, 2020, end insert
as a result of using green material as alternative daily cover, that
jurisdiction, pursuant to subparagraph (B), begin delete may, before that date, end delete
begin insert may end insert apply begin insert before that date end insert to the department for begin insert one deferral of end insert
up to begin delete a two-year extension end delete begin insert two-years of the application of
paragraph (2) end insert .

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

(i) Identify all of the following:

(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.

(II) Facilities for potential expansion or colocation.

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

(IV) Other nondisposal opportunities and markets.

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

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

(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.

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

(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.

SEC. 2.  

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.