Amended in Senate June 12, 2014

Amended in Assembly May 27, 2014

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 begin delete existing end delete California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. begin delete Existing law end delete begin insert The act end insert requires each city, county, and begin insert joint powers authority formed under the act, referred to as a end insert regional agency, begin delete if any, end delete 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, begin delete not including materials left over from the composting process end delete begin insert as defined end insert , as alternative daily cover does not constitute diversion through recycling and would be considered disposal for purposes of the act. begin insert The bill, commencing August 1, 2018, would require a local jurisdiction to include information in an annual report on how the local jurisdiction intends to address these diversion requirements and divert green material that is being used as alternative daily cover. end insert The bill would begin delete authorize end delete begin insert require the department, with respect to end insert a jurisdiction that, as a result of these provisions, would not be able to meet certain diversion begin delete requirements to apply before that date to the department for one deferral of up to two-years of the application of these provisions end delete begin insert requirements, to determine whether the local jurisdiction has made a good faith effort to divert green material that was used as alternative daily cover, based on consideration of specified circumstances end insert . The bill would require begin delete the application form, to be developed by the department, to require the applicant to include specified information end delete begin insert a local jurisdiction that the department has determined is not able to meet the diversion requirements to identify barriers to siting new or expanded green waste recycling facilities and to prepare a plan to address those barriers end insert . The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the diversion of solid waste.

Existing law requires the operator of a disposal facility to pay a quarterly fee based on the amount of solid waste disposed of at each disposal site.

This bill would provide begin delete that end delete begin insert that, end insert commencing January 1, 2020, green material used as alternative daily cover at a solid waste landfill is not subject to this fee.

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 paragraphs (2) and begin delete (3) end delete
begin insert (4) 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) (A) Commencing January 1, 2020, the use of green begin delete material,
not including materials left over from the composting process, end delete
begin insert material end insert as alternative daily cover does not constitute diversion
through recycling and shall be considered disposal for purposes
of this division.

(B) Commencing January 1, 2020, green material used as
alternative daily cover at a solid waste landfill is not subject to the
fee imposed on disposed solid waste pursuant to Section 48000.

begin insert

(3) Commencing August 1, 2018, a local jurisdiction shall
include in the electronic annual report required pursuant to Section
41821 information on how the local jurisdiction intends to address
the requirements of paragraph (2) and divert green material that
is being used as alternative daily cover.

end insert begin delete

(3)

end delete

begin insert (4) end insert  (A)  begin delete If end delete begin insert If, after January 1, 2020, end insert a local jurisdiction will no
longer be in compliance with Section 41780 begin delete after January 1, 2020, end delete
as a result of using green material as alternative daily cover, begin delete that
jurisdiction, pursuant to subparagraph (B), may apply before that
date to the department for one deferral of up to two-years of the
application of subparagraph (A) of paragraph (2). end delete begin insert the department,
pursuant to Section 41825, shall make a determination whether
the local jurisdiction has made a good faith effort to divert green
material that was used as alternative daily cover, based on
consideration of circumstances that shall include, but are not
limited to, all of the following: end insert

begin delete

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

end delete begin delete

(i) Identify all of the following:

end delete begin delete

(I)

end delete

begin insert (i) end insert  Existing begin delete organic waste recycling end delete begin insert green material end insert facilities
within a reasonable vicinity of the local jurisdiction and the
begin insert permitted end insert capacities begin delete available end delete for materials to be accepted at each
facility.

begin insert

(ii) Efforts that the jurisdiction is aware of that are underway
to develop new private or public regional green material recycling
facilities that may become available to accept the green material
being used as alternative daily cover, and the expected time frame
for completion.

end insert begin delete

(II)

end delete

begin insert (iii) end insert  Facilities for potential expansion or collocation.

begin delete

(III)

end delete

begin insert (iv) end insert  Closed or abandoned sites within the jurisdiction that might
be available for use as new begin insert green material end insert recycling facilities.

begin delete

(IV)

end delete

begin insert (v) end insert  Other nondisposal opportunities and markets.

begin delete

(V) Appropriate

end delete

begin insert (vi) end insert begin insert   end insert begin insert Applicable end insert zoning and permit requirements begin insert within the
jurisdiction end insert for the location of new begin delete organic waste end delete begin insert green material end insert
recycling facilities.

begin delete

(VI)

end delete

begin insert (vii) end insert  Incentives available for developing new begin delete organic waste end delete
begin insert green material end insert recycling facilities.

begin delete

(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 delete begin delete

(C) Upon receipt of an application pursuant to this paragraph,
the department may, in its sole discretion, grant a local jurisdiction
one deferral of up to two-years of the application of subparagraph
(A) of paragraph (2).

end delete begin insert

(viii) Steps being taken by the jurisdiction to reduce solid waste
generation or to identify new methods for diverting green or other
solid waste to meet the requirements of Section 41780.

end insert begin insert

(B) Upon the department’s determination that a local
jurisdiction will no longer be in compliance with Section 41780
after January 1, 2020, as a result of using green material as
alternative daily cover, the local jurisdiction shall, on a schedule
determined by the department, identify barriers to siting new or
expanded green waste recycling facilities, and if sufficient green
material recycling facility capacity is not expected to be
operational within a reasonable amount of time, prepare a plan
to address those barriers that are within the control of the local
jurisdiction.

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 begin insert consideration of end insert , 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

(e) Notwithstanding subparagraph (B) of paragraph (4) of
subdivision (a), nothing in this section modifies, limits, or
abrogates the authority of a local jurisdiction with respect to land
use, zoning, or facility siting decisions within that local jurisdiction.

end insert begin insert

(f) For purposes of this section, “green material” has the same
meaning as “processed green material,” as defined in subdivision
(b) of Section 20690 of Title 27 of the California Code of
Regulations. The term does not include materials left over from
the composting process, materials left over after the material
recovery process, commonly referred to as “fines,” or processed
construction and demolition waste materials.

end insert begin insert

(g) For purposes of this section, “processed construction and
demolition waste material” has the same meaning as defined in
subdivision (b) of Section 20690 of Title 27 of the California Code
of Regulations.

end insert

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.